GENERAL NOTICES
Vol. 39 Iss. 2 - September 12, 2022

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

2022 Annual Report on the Agricultural Stewardship Act

The Commissioner of Agriculture and Consumer Services announces the availability of the annual report on the Agricultural Stewardship Act for the program year April 1, 2021, through March 31, 2022. Copies of this report can be obtained by contacting Katherine Coates at (804) 786-3538 or via email at katherine.coates@vdacs.virginia.gov. The report can also be obtained by accessing the department's website at http://www.vdacs.virginia.gov/conservation-and-environmental-agricultural-stewardship.shtml. A written request may be sent to the address listed in this notice. Copies of the report are available without charge.

Virginia Department of Agriculture and Consumer Services

Office of Policy, Planning, and Research

P. O. Box 1163

Richmond, VA 23218

Contact Information: Erin Williams, Senior Policy Analyst, Office of Policy, Planning, and Research, Department of Agriculture and Consumer Services, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-7157, or email erin.williams@vdacs.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Enforcement Action for Aspen Construction Company

An enforcement action has been proposed for Aspen Construction Company for violations of State Water Control Law at Langley Air Force Base, Hampton, Virginia. A description of the proposed action is available at the Department of Environmental Quality (DEQ) office listed or online at www.deq.virginia.gov. DEQ will accept comments from September 12, 2022, to October 12, 2022.

Contact Information: Thomas Jackson, Enforcement Specialist, Department of Environmental Quality, 5636 Southern Boulevard, Virginia Beach, VA 23462, telephone (757) 705-5554, FAX (804) 698-4178, or email thomas.jackson@deq.virginia.gov.

Proposed Enforcement Action for Frederick-Winchester Service Authority

An enforcement action has been proposed for Frederick-Winchester Service Authority for alleged violations in Frederick County, Virginia. The Department of Environmental Quality (DEQ) proposes to issue a consent order with penalty to Frederick-Winchester Service Authority to address noncompliance with State Water Control Law. A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov. The staff contact will accept comments by email, fax, or postal mail from September 12, 2022, to October 12, 2022.

Contact Information: Celeste Horton, Valley Regional Enforcement Specialist, Department of Environmental Quality, 4412 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, FAX (804) 698-4178, or email celeste.horton@deq.virginia.gov.

Mine and Hemmer Solar Project Notice of Intent for Small Renewable Energy Project (Solar) - Louisa County

Aura Power Developments (USA) LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary document for a permit by rule for a small renewable energy project (solar) in Louisa County. Mine and Hemmer Solar Project will be located north of Route 208 and West of Route 522 approximately half a mile north of the Town of Mineral. Centroid latitude and longitude coordinates are 38.029526, -77.911732. The project will have a maximum generating capacity of 94 megawatts alternating current across approximately 460 acres. The project includes the utilization of approximately 186,000 photovoltaic solar modules affixed to a single-axis tracking system or a fixed-tilt racking system.

Contact Information: Susan Tripp, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, telephone (804) 664-3470, or email susan.tripp@deq.virginia.gov.

Sun Ridge Solar Project Notice of Intent for Small Renewable Energy Project (Solar) - Rockingham County

Sun Ridge Solar Project has provided the Department of Environmental Quality a notice of intent to submit the necessary document for a permit by rule for a small renewable energy project (solar) in Rockingham County. Sun Ridge Solar Project will be located on the southern side of Route 340 near the community of Lynwood. Centroid latitude and longitude coordinates are 38.314514, -78.751754175. The proposed project will be located on a site previously used for timber harvest and mining that is approximately 564 acres in size; however, solar panels will occupy only up to 150 acres in accordance with local regulations. The proposed project is anticipated to include approximately 160,000 photovoltaic modules and have a generation capacity of up to 50 megawatts.

Contact Information: Susan Tripp, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, telephone (804) 664-3470, or email susan.tripp@deq.virginia.gov.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Draft EPSDT Private Duty Nursing Supplement

The draft Early and Periodic Screening, Diagnostic and Treatment Supplement for Private Duty Nursing is 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 September 14, 2022.

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.

Draft Telehealth Services Supplement

The draft Telehealth Services Supplement is 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 September 21, 2022.

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.

Draft Transportation Provider Manual

The draft Transportation Provider Manual, Chapter V, is 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 September 21, 2022.

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

Public Meeting and Opportunity for Public Comment for a Cleanup Study and Cleanup Plan for Beaverdam Creek, Fryingpan Creek, Pigg River, and Poplar Branch in Bedford, Pittsylvania, and Franklin Counties

Purpose of notice: The Department of Environmental Quality (DEQ) seeks public comment on the development of a cleanup study, also known as a total maximum daily load (TMDL) report, for Beaverdam Creek, Fryingpan Creek, Pigg River, and Poplar Branch in Bedford, Pittsylvania, and Franklin Counties. These streams are listed as impaired since monitoring data does not meet Virginia's water quality standards for the General Standard (Benthics). Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the State Water Control Law requires DEQ to develop cleanup studies to address pollutants responsible for causing waters to be on Virginia's § 303(d) list of impaired waters. A component of a cleanup study is the wasteload allocation (WLA); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Administrative Process Act for adoption of the WLA into the Water Quality Management Planning Regulation (9VAC25-720) after completion of the study. A study has been completed for Beaverdam Creek, Fryingpan Creek, Pigg River, and Poplar Branch watersheds to identify pollutant sources and recommend reductions needed from the sources to meet water quality standards. DEQ will present the results of the study at the public meeting and provide an overview of the draft report. Citizens are invited to provide comments on the study.

This meeting will seek public comment on the upcoming development of a cleanup plan, also known as an implementation plan (IP), for these impaired waters and seek participants for various working groups to assist in the cleanup plan development. Section 62.1-44.19:7 C of the Code of Virginia requires the development of a cleanup plan for approved TMDLs. DEQ is developing a cleanup plan to identify the actions necessary to address the water quality impairment in Beaverdam Creek, Fryingpan Creek, Pigg River, and Poplar Branch. The cleanup plan will identify corrective actions needed to improve water quality to meet Virginia's water quality standards and will discuss the associated costs and environmental benefits. DEQ will introduce the community to the process used to develop the plan.

Cleanup study and plan location: The cleanup study and cleanup plan address the following impaired stream segments: The Beaverdam Creek stream segment, located in Bedford County, is impaired for 10.33 miles and begins at its headwaters and continues to the 795-foot pool elevation on Smith Mountain Lake. The Fryingpan Creek stream segment is located in Pittsylvania County and is impaired from the headwaters downstream to the Route 40 crossing. The Pigg River stream segment is impaired for 4.43 miles from the mainstem near Five Mile Road downstream to the confluence with Turners Creek. The Poplar Branch stream segment, located in Franklin County, is impaired for 2.56 miles from its headwaters downstream to its confluence with Snow Creek.

Advisory group: A technical advisory committee (TAC) to assist in the development of the cleanup study was convened on October 7, 2021, April 5, 2022, and May 10, 2022. All individuals who wish to participate on the TAC for the upcoming cleanup plan will be considered on a case-by-case basis. Persons interested in participating should notify the DEQ contact person during the comment period and provide their name, address, phone number, email address, and the organization they represent (if any) or indicate their interest at the public meeting. Notification of the composition of the panel will be sent to all individuals who requested participation.

Public meeting: The final public meeting on the development of the cleanup study and the first public meeting on development of the cleanup plan will be held on September 27, 2022, at the Franklin Center, 50 Claiborne Avenue, Rocky Mount, VA 24151 at 6 p.m. In the event of inclement weather, the meeting will be held on September 29, 2022, at the same time and location.

Public comment: September 27, 2022, to October 27, 2022.

How to comment: DEQ accepts comments orally, by email, fax, or postal mail. All comments must be received by DEQ during the comment period. Submittals must include the name, organization the commenter or requestor represents (if any), mailing address, and telephone number of the commenter or requester.

Contact the DEQ staff member listed at the end of this notice for public comments, document requests, and additional information. The public may review the cleanup study at the following website address https://www.deq.virginia.gov/water/water-quality/tmdl-development/tmdls-under-development.

Contact Information: Lucy Smith, TMDL Project Coordinator, Department of Environmental Quality, Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, telephone (540) 988-6152, FAX (804) 698-4178, or email lucy.smith@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.