GENERAL NOTICES
Vol. 41 Iss. 1 - August 26, 2024

DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Opportunity for Public Comment on the § 1915(c) Home and Community-Based Services Medicaid Waivers

The Department of Behavioral Health and Developmental Services (DBHDS) and the Department of Medical Assistance Services (DMAS) welcome public comment regarding the submission to the U.S. Centers for Medicare and Medicaid Services (CMS) amended applications for the following § 1915(c) Home and Community-Based Services (HCBS) Medicaid Waivers: Building Independence (BI) Waiver, Community Living (CL) Waiver, Family and Individual Support (FIS) Waiver, and Commonwealth Coordinated Care Plus (CCC+) Waiver.

This notice serves to inform interested parties that a 30-day public comment period closes September 5, 2024. The § 1915(c) HCBS Waiver amendment applications can be located at https://dmas.virginia.gov/for-providers/long-term-care/waivers.

The state is requesting amendments to:

1. Combine the annual service limits for Assistive Technology and Electronic Home-Based Services into one annual $10,000 limit to be shared between the two services (BI, CL, FIS);

2. Permit the allowance for individuals offered a Developmental Disabilities Waiver slot to delay enrollment into the waiver for up to one year (BI, CL, FIS);

3. Disregard Social Security Disability Insurance (SSDI) benefits above the maximum Social Security Insurance (SSI) benefit limit as determined by the Social Security Administration for purposes of preeligibility treatment of income (BI, CL, FIS);

4. Amend the rules for when a legally responsible individual (spouse or parent of a minor) is a paid aide or attendant for personal care or personal assistance (CL, FIS, CCC+);

5. Add nursing facilities and Program for the All-Inclusive Care for the Elderly (PACE) providers to screen individuals in the community for waiver enrollment (CCC+);

6. Remove educational requirements for Services Facilitation providers (CL, FIS, CCC+);

7. Update language to match the newest version of the Supports Intensity Scale assessment instrument for service plans (BI, CL, FIS);

8. Update language to denote that the Virginia Individual Developmental Disability Eligibility Survey (VIDES) is used for level of care for both waiver and the alternative institution placement (BI, FIS);

9. Align quality measures across the Developmental Disabilities Waivers (BI, FIS, CL); and

10. Update language regarding who is responsible for conducting the annual level-of-care review (CCC+).

Instructions for public comment submissions: Comments may be submitted via the Virginia Town Hall public comment forum or via postal mail to Department of Medical Assistance Services, ATTN: Andrew Greer, Senior Policy Analyst, Office of Community Living, Suite 1300, 600 East Broad Street, Richmond, VA 23219.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, or email emily.mcclellan@dmas.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Enforcement Action for Blackberry Land Company LLC

The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for Blackberry Land Company LLC for violations of the State Water Control Law and regulations in Carroll County, Virginia. The proposed order is available from the DEQ contact listed or at https://www.deq.virginia.gov/permits/public-notices/enforcement-orders. The DEQ contact will accept comments by email or postal mail from August 26, 2024, through September 25, 2024.

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 Actions for Burwil Construction Company Inc.; J.A. Street & Associates Inc.; Lakeway Land Development Corporation; Roe Properties LLC; and Wall Development Corporation

The Virginia Department of Environmental Quality (DEQ) is proposing enforcement actions for Burwil Construction Company Inc.; J.A. Street & Associates Inc.; Lakeway Land Development Corporation; Roe Properties LLC; and Wall Development Corporation for violations of the State Water Control Law and regulations in Washington County, Virginia. The proposed orders are available from the DEQ contact listed or at https://www.deq.virginia.gov/permits/public-notices/enforcement-orders. The DEQ contact will accept comments by email or postal mail from August 26, 2024, through September 25, 2024.

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 CCJ LLC

The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for CCJ LLC for violations of the State Water Control Law and regulations in King William County, Virginia. The proposed order is available from the DEQ contact listed or at https://www.deq.virginia.gov/permits/public-notices/enforcement-orders. The DEQ contact will accept comments by email or postal mail from August 26, 2024, through September 25, 2024.

Contact Information: Matt Richardson, Enforcement Specialist, Department of Environmental Quality, Piedmont Regional Office, 4949A Cox Road, Glen Allen, VA 23060, telephone (804) 659-2696, or email matthew.richardson@deq.virginia.gov.

Proposed Enforcement Action for EMT Asphalt Inc.

The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for EMT Asphalt Inc. for violations of the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulations Erosion and Sediment Control Plan, 1900 Block, Captain Drive, Salem, Virginia. A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov. The DEQ contact will accept comments by email or postal mail from August 26, 2024, through September 25, 2024.

Contact Information: Timothy Fletcher, Enforcement Specialist, Department of Environmental Quality, Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, telephone (540) 524-0665, or email timothy.fletcher@deq.virginia.gov.

Proposed Enforcement Action for Helm Building Enterprises LTD - St. John Place Grading

The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for St. John Place Grading for violations of the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulations in Salem, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The DEQ contact will accept comments by email or postal mail from August 26, 2024, through September 25, 2024.

Contact Information: Michael Puckett, Enforcement Specialist, Department of Environmental Quality, Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, telephone (540) 577-6719, or email michael.puckett@deq.virginia.gov.

Proposed Enforcement Action for Hour Homes at Forest View Inc.

The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for Hour Homes at Forest View Inc. for violations of State Water Control Law and regulations and applicable permit at the Kinsley Estates, Stafford, Virginia. A description of the proposed action is available from the DEQ contact or at https://www.deq.virginia.gov/permits/public-notices/enforcement-orders. The DEQ contact will accept written comments from August 26, 2024, to September 25, 2024.

Contact Information: Holly Shupe, Regional Enforcement Specialist Senior, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, telephone (571) 866-6923, or email holly.shupe@deq.virginia.gov.

Proposed Enforcement Action for Jarrell Properties Inc.

The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for Jarrell Properties Inc. for violations of State Water Control Law and regulations and applicable permit at the Fountain Park facility, Stafford, Virginia. A description of the proposed action is available from the DEQ contact or at https://www.deq.virginia.gov/permits/public-notices. The DEQ contact will accept written comments from August 27, 2024, to September 26, 2024.

Contact Information: Katherine Mann, Enforcement Specialist, Department of Environmental Quality, 13901 Crown Court, Woodbridge, VA 22193, telephone (571) 866-6095, or email katherine.mann@deq.virginia.gov.

Proposed Enforcement Action for McNeel Properties LLC

The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for McNeel Properties LLC for violations of the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulations at Caliber Collision, 1999 Roanoke Street, Christiansburg, Virginia. A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov. The staff contact person will accept comments by email or postal mail from August 26, 2024, through September 25, 2024.

Contact Information: Timothy Fletcher, Enforcement Specialist, Department of Environmental Quality, Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, telephone (540) 625-0665, or email timothy.fletcher@deq.virginia.gov.

Proposed Enforcement Action for Omega Construction

The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for Omega Construction, Glenmary Drive-Suncap for violations of the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulations in Salem, Virginia. 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 August 26, 2024, through September 25, 2024.

Contact Information: Michael Puckett, Enforcement Specialist, Department of Environmental Quality, Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 25153, telephone (540) 577-6719, or email michael.puckett@deq.virginia.gov.

Proposed Enforcement Action for PAM Inc. - Borrow Site Stabilization

The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for PAM Inc. - Borrow Site Stabilization for violations of the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulations in Danville, Virginia. 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 August 26, 2024, through September 25, 2024.

Contact Information: Michael Puckett, Enforcement Specialist, Department of Environmental Quality, Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, telephone (540) 577-6719, or email michael.puckett@deq.virginia.gov.

Proposed Enforcement Action for The R.A. Lawson Corp.

The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for The R.A. Lawson Corp. for violations of State Water Control Law and regulations and applicable permit at the Landing at Masons Bridge, Woodbridge, Virginia. A description of the proposed action is available from the DEQ contact or at www.deq.virginia.gov/permits-regulations/public-notices. The DEQ contact will accept written comments from August 26, 2024, to September 25, 2024.

Contact Information: Holly Shupe, Regional Enforcement Specialist Senior, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, telephone (571) 866-6923, or email holly.shupe@deq.virginia.gov.

Proposed Enforcement Action for Stanley Martin Homes LLC

The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for Stanley Martin Homes LLC for violations of the State Water Control Law and regulations in Henrico County, Virginia. The proposed order is available from the DEQ contact listed or at https://www.deq.virginia.gov/permits/public-notices/enforcement-orders. The DEQ contact will accept comments by email or postal mail from August 26, 2024, through September 25, 2024.

Contact Information: Matt Richardson, Enforcement Specialist, Department of Environmental Quality, Piedmont Regional Office, 4949A Cox Road, Glen Allen, VA 23060, telephone (804) 659-2696, or email matthew.richardson@deq.virginia.gov.

Proposed Enforcement Action for Wayne Development and Maddox and Sons Construction Inc.

The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for Wayne Development and Maddox and Sons Construction Inc. for violations of the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulations in Lynchburg, Virginia. 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 August 26, 2024, through September 25, 2024.

Contact Information: Timothy Fletcher, Enforcement Specialist, Department of Environmental Quality, Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, telephone (540) 524-0665, or email timothy.fletcher@deq.virginia.gov.

BOARD OF HOUSING AND COMMUNITY DEVELOPMENT

COMMISSION ON LOCAL GOVERNMENT

MANUFACTURED HOUSING BOARD

Public Comment Opportunity - Planning District Boundary Review

The Board of Housing and Community Development (DHCD), the Commission on Local Government, and the Manufactured Housing Board are accepting public comments for the review of the boundaries of Virginia's 21 planning districts. The Regional Cooperation Act outlines the duties and responsibilities of the Virginia Planning District Commissions (PDCs), and DHCD is required by § 36-139.7 of the Code of Virginia to complete a review of planning district boundaries following each United States decennial census of population. This review is based on the release of the 2020 Census data.

DHCD welcomes stakeholders to provide specific comments with robust analysis on addressing the need for retaining or modifying the current boundaries. The current map of planning district boundaries can be found at https://www.dhcd.virginia.gov/sites/default/files/Docx/clg/general-info/localities-and-pdcs.pdf.

DHCD will hold an in-person public meeting with a virtual option on October 2, 2024, at 10 a.m. at the Virginia Housing Center, 4224 Cox Road, Glen Allen, VA 23060, to provide stakeholders the opportunity to provide verbal feedback.

Comments on the planning district boundary review will be received through October 25, 2024, and should be submitted on the Virginia Regulatory Town Hall at https://townhall.virginia.gov. Written comments may also be sent to the contact listed.

Contact Information: Andrew Malloy, Policy Analyst, Department of Housing and Community Development, 600 East Main Street, Suite 300, Richmond, VA 232198, telephone (804) 863-5094, FAX (804) 371-7090, TDD (804) 371-7089, or email andrew.malloy@dhcd.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.