GENERAL NOTICES
Vol. 38 Iss. 7 - November 22, 2021

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Draft Addiction and Recovery Treatment Services Provider Manual

The draft Addiction and Recovery Treatment Services (ARTS) Provider Manual Chapters II, IV, V, and VI are now available on the Department of Medical Assistance Services website at https://www.dmas.virginia.gov/for-providers/general-information/medicaid-provider-manual-drafts/ for public comment until November 24, 2021.

Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-0552, FAX (804) 786-1680, or email meredith.lee@dmas.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Enforcement Action for the Town of Big Stone Gap

An enforcement action has been proposed for the Town of Big Stone Gap for violations of the State Water Control Law at the Big Stone Gap regional wastewater treatment plant in Wise County. The State Water Control Board proposes to issue a consent order to resolve violations associated with the facility. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact person will accept comments by email or postal mail from November 22, 2021, through December 22, 2021.

Contact Information: Jonathan Chapman, Enforcement Specialist, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, or email jonathan.chapman@deq.virginia.gov.

Proposed Enforcement Action for R.K. Shergill Inc.

The State Water Control Board proposes to issue a consent special order to R.K. Shergill Inc. for alleged violation of the State Water Control Law at Lucky's of Brandermill, 13636 Genito Road, Midlothian, VA 23112. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact will accept comments by email or postal mail from November 22, 2021, to December 28, 2021.

Contact Information: Aree Reinhardt, Department of Environmental Quality, Piedmont Regional Office (Enforcement), 4949-A Cox Road, Glen Allen, VA 23060, or email aree.reinhardt@deq.virginia.gov.

Proposed Enforcement Action for Stephen Alexander Homes LLC

An enforcement action has been proposed for Stephen Alexander Homes LLC for violations of the State Water Control Law and regulations at the Kaywood Lane Development located in Chesapeake, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the property. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact person listed will accept comments by email or by postal mail from November 22, 2021, through December 22, 2021.

Contact Information: Russell Deppe, Enforcement Specialist, Department of Environmental Quality, 5636 Southern Boulevard, Virginia Beach, VA 23462, telephone (757) 518-2021, FAX (804) 698-4178, or email russell.deppe@deq.virginia.gov.

Public Meeting to Discuss the Total Maximum Daily Load for Middle Fork Holston River and Tributaries

Public meeting: Thursday, December 2, 2021, 6:30 p.m. to 8 p.m.

Board of Visitors Room, Van Dyke Center, Emory and Henry College, 30461 Garnand Drive, Emory, VA. All attendees are expected to wear a mask and maintain adequate social distancing. In the event of inclement weather, the meeting will be held on December 7, 2021, at the same time at the Department of Environmental Quality, Southwest Regional Office, 355 A Deadmore Street, Abingdon, VA 24210.

Purpose of notice: The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the development of total maximum daily loads (TMDLs), for the Middle Fork Holston River in Smyth, Wythe, and Washington Counties and the tributaries Greenway Creek, Hall Creek, Byers Creek, Cedar Creek, and Tattle Branch in Washington County. These streams are listed on the § 303(d) TMDL Priority List and Report as impaired due to violations of the state's General (Benthic) Water Quality Standard for failing to support the aquatic life use.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the State Water Control Law require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) Priority List and Report.

Description of study: This study updates and revises two previously completed TMDLs. TMDL Development for Cedar Creek, Hall/Byers Creek, and Hutton Creek was completed in December of 2003 and Bacteria and Benthic Total Maximum Daily Load Development for Middle Fork Holston River was completed in October 2009. Impaired (benthic) segments from these previous TMDLs have been combined into this current study along with a Greenway Creek segment not previously included in a completed TMDL.

The impaired segments include the Middle Fork Holston River (12.99 miles) in Wythe and Smyth Counties from the mainstem headwaters upstream at Groseclose and downstream to the Dutton Branch confluence and the mainstem Middle Fork Holston River segment (3.42 miles) in Washington County from the Sulphur Springs Creek confluence to Edmondson Dam. Impaired segments also included in the study (all in Washington County) are Greenway Creek (5.02 miles) from the headwaters downstream to the confluence with the Middle Fork Holston River and Hall Creek (6.91 miles) from headwaters north of Emory through Emory and Henry College to the Byers Creek confluence. Byers Creek (0.49 miles) from Hall Creek and Indian Run confluence downstream to Middle Fork Holston River confluence; Cedar Creek (5.61 miles) from confluence of East Fork Cedar Creek and West Fork Cedar Creek through Cedarville to Middle Fork Holston confluence; and Tattle Branch (2.77 miles) from headwaters to Byers Creek confluence.

These segments have been placed on Virginia's impaired waters list for failing to support the aquatic life use. The general water quality standard is intended to protect the aquatic life designated use, which states that all of the Commonwealth's waterways will support a diverse and abundant population of aquatic life. This study will include a benthic stressor analysis to determine the most likely pollutant responsible for the impairments, and it will report on the sources of this pollutant and recommend reductions to meet a TMDL for the impaired streams. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality in Middle Fork Holston River and tributaries, pollutant levels will need to be reduced to the TMDL amount. A component of a TMDL is the wasteload allocation (WLA); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Administrative Process Act for any future adoption of the TMDL WLAs.

An advisory committee to assist in development of this TMDL will be established. Each person interested in assisting should notify the DEQ contact person by the end of the comment period and provide their name, address, phone number, email address, and the organization being represented (if any). Notification of the composition of the panel will be sent to all applicants.

How to comment and participate: All meetings in support of TMDL development are open to the public, and all interested parties are welcome. Written comments will be accepted from December 2, 2021, through January 3, 2022, and should include the name, address, and telephone number of the person submitting the comments. For more information, or to submit written comments, please use the contact information listed.

Contact Information: David Nichols, TMDL Coordinator, Department of Environmental Quality, 355 A Deadmore Street, Abingdon, VA 24210, telephone (276) 676-4805, or email david.nichols@deq.virginia.gov.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor, Richmond, VA 23219; Telephone: (804) 698-1810; Email: varegs@dls.virginia.gov.

Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at https://commonwealthcalendar.virginia.gov.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/documents/cumultab.pdf.

Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.