GENERAL NOTICES
Vol. 41 Iss. 17 - April 07, 2025

DEPARTMENT OF CONSERVATION AND RECREATION

Public Comment Opportunity for Virginia K-12 Environmental Literacy Strategic Plan

Purpose of Notice: The Department of Conservation and Recreation (DCR) is accepting public comment on the Virginia K-12 Environmental Literacy Strategic Plan. This inaugural plan outlines a blueprint to support environmental literacy across the Commonwealth.

After reviewing public comment and making any necessary and appropriate amendments, DCR will finalize the plan by the summer of 2025. The finalized plan will serve as a guiding tool to enhance environmental literacy among Virginia students by fostering partnerships, supporting educators, and optimizing resources.

Public Comment Period: March 10, 2025, to April 9, 2025. Comments may be submitted to the Department of Conservation and Recreation, Office of Environmental Education, 600 East Main Street, 24th Floor, Richmond, VA, 23219, or email environmentaleducation@dcr.virginia.gov.

Document for Public Comment: The document may be accessed at https://www.dcr.virginia.gov/environmental-education/document/OEE-Strategic-Plan.pdf.

Contact Information: Lisa McGee, Policy and Planning Director, Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219, telephone (804) 786-4378, FAX (804) 786-6141, or email lisa.mcgee@dcr.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Enforcement Action for Gloucester County

The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for Gloucester County for violations of State Water Control Law and regulations at the Gloucester County Water treatment plant in Gloucester County, Virginia. The proposed order is available from the DEQ contact listed or at https://www.deq.virginia.gov/permits/public-notices/enforcement-actions. The DEQ contact will accept written comments from April 7, 2025, to May 7, 2025.

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

Proposed Enforcement Action for Islamic Jinazha Services Incorporated

The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for Islamic Jinazha Services Incorporated for violations of State Water Control Law and regulations and applicable permit at Parcel IDs 67-26A and 67-26B located in Culpeper, Virginia. The proposed order is available from the DEQ contact listed or at https://www.deq.virginia.gov/permits/public-notices/enforcement-actions. The DEQ contact will accept written comments from April 7, 2025, to May 7, 2025.

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

Proposed Enforcement Action for Military Highway Recycling

The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for Military Highway Recycling for violations of State Water Control Law and regulations at the Military Highway Recycling facility in Chesapeake, Virginia. The proposed order is available from the DEQ contact or at https://www.deq.virginia.gov/permits/public-notices/enforcement-actions. The DEQ contact will accept written comments from April 7, 2025, to May 7, 2025.

Contact Information: Russell Deppe, Enforcement Specialist, Department of Environmental Quality, 5636 Southern Boulevard, Virginia Beach, VA 23462, or email russell.deppe@deq.virginia.gov.

Proposed Enforcement Action for Town of Chase City

The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for the Town of Chase City for alleged violation of the State Water Control Law at 1328 High Street, Chase City, Virginia. The proposed order is available from the DEQ contact listed or at https://www.deq.virginia.gov/permits/public-notices/enforcement-actions. The DEQ contact will accept comments by email or postal mail from April 7, 2025, through May 7, 2025.

Contact Information: Cara Witte, Department of Environmental Quality, 4949 Cox Road, Suite A, Glen Allen, VA 23060, telephone (804) 712-4192, or email cara.witte@deq.virginia.gov.

Public Comment Opportunity for a Cleanup Study of Crooked Run, Stony Creek, and Pughs Run in Shenandoah County

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 Crooked Run, Stony Creek, and Pughs Run in Shenandoah County. These streams are listed as impaired since monitoring data does not meet Virginia's water quality standards for aquatic life (benthic impairment). Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia 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 Code of Virginia for adoption of the WLA into the Water Quality Management Planning Regulation (9VAC25-720) after completion of the study. The adoption of the WLA may require new or additional requirements for entities holding a Virginia Pollutant Discharge Elimination System (VPDES) permit in these watersheds.

A study has been completed for Crooked Run, Stony Creek, and Pughs Run to identify pollutant sources and recommend reductions needed from the sources to meet water quality standards. At the meeting, DEQ will present the results of the study and provide an overview of the draft report. Citizens are invited to provide comment on the study.

Cleanup study location: The cleanup study addresses the following impaired stream segments: the Crooked Run stream segment, located in Shenandoah County, is 4.08 miles long, begins at the headwaters of Crooked Run, and continues to its confluence with the Mill Creek. The Stony Creek stream segment, located in Shenandoah County, is 9.29 miles long, begins at its confluence with Yellow Spring Run, and continues to the confluence with the North Fork Shenandoah River. The Pughs Run stream segment, also located in Shenandoah County, is 7.00 miles long, and begins at the headwaters extending to the confluence with the North Fork Shenandoah River.

TMDL community engagement meetings: TMDL community engagement meetings to assist in development of this cleanup study were convened on August 19, 2024, December 16, 2024, and February 4, 2025.

Public meeting: The final public meeting on the development of the cleanup study will be held at the Shenandoah County Office Building, 600 North Main Street, Woodstock, VA 22664, on April 9, 2025, at 5:30 p.m. In the event of inclement weather, the meeting will be held on April 14, 2025, at the same time and location.

Public comment period: April 9, 2025, to May 9, 2025.

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

The public may review the cleanup study at https://www.deq.virginia.gov/our-programs/water/water-quality/tmdl-development/tmdls-under-development.

Contact Information: Nesha McRae, Department of Environmental Quality, Valley Regional Office, 4411 Early Road, Harrisonburg, VA 22801, telephone (540) 217-7173, or email nesha.mcrae@deq.virginia.gov.

Yadkins Energy Center LLC Notice of Intent for a Small Renewable Energy Project (Energy Storage) - City of Chesapeake

Yadkins Energy Center LLC has provided the Department of Environmental Quality (DEQ) a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (energy storage) in the City of Chesapeake, pursuant to 9VAC15-100. The proposed Yadkins Energy Center Project, DEQ Registration Number RE0000347, will be located at 2905 Yadkins Road in the City of Chesapeake; with a geographic information system centroid of Latitude 36.764498, Longitude -76.348436. The project will have a rated power capacity of 100 megawatts comprised of 127 battery storage modules and a project area of approximately 34.3 acres.

Contact Information: Melissa Porterfield, Regulatory Coordinator, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, or email melissa.porterfield@deq.virginia.gov.

STATE WATER CONTROL BOARD

Public Comment Opportunity for Amendment of Water Quality Management Planning Regulation

Notice of action: The State Water Control Board (board) is considering amending the regulation on water quality management planning in accordance with the public participation procedures for water quality management planning.

Purpose of notice: The board is seeking comments through the Department of Environmental Quality (DEQ) on the proposed amendment. The amendment to the Water Quality Management Planning Regulation (9VAC25-720) adopts seven new total maximum daily load (TMDL) wasteload allocations.

Public comment period: April 7, 2025, to May 7, 2025.

Description of the proposed action: DEQ staff proposes amendments of the Water Quality Management Planning Regulation for the James River Basin (9VAC25-720-60 A) and the Tennessee-Big Sandy River Basin (9VAC25-720-90). Statutory authority for promulgating these amendments can be found in § 62.1-44.15 of the Code of Virginia.

Staff intends to recommend that the board adopt seven new TMDL wasteload allocations in accordance with § 2.2-4006 A 14 and § 2.2-4006 B of the Code of Virginia.

The TMDL reports were developed in accordance with federal regulations (40 CFR §130.7) and are exempt from the provisions of Article II (§ 2.2-4006 et seq.) of Chapter 40 of the Code of Virginia. The reports were subject to the TMDL public participation process contained in DEQ's public participation procedures for water quality management planning. The public comment process provides the affected stakeholders an opportunity for public appeal of the TMDL.

As of July 1, 2014, TMDL wasteload allocations can receive State Water Control Board approval prior to Environmental Protection Agency (EPA) approval due to amendments outlined in § 2.2-4006 A 14 of the Code of Virginia. The TMDL reports in this public notice have been reviewed by EPA for required TMDL elements; however, the reports remain in draft form awaiting State Water Control Board approval.

Affected waterbodies and localities for the seven new TMDL wasteload allocations:

James River Basin (9VAC25-720-60): TMDL report titled "PCB Total Maximum Daily Load Development for the James River, Maury River, and Jackson River Watersheds" located in Albemarle, Amherst, Appomattox, Bedford, Botetourt, Buckingham, Campbell, Chesterfield, Cumberland, Fluvanna, Goochland, Henrico, Nelson, Powhatan, and Rockbridge Counties and Buena Vista, Lynchburg, and Richmond Cities. This TMDL report proposes polychlorinated biphenyls (PCB) reductions for the Upper James River, Lower James River, Maury River, and Jackson River Watersheds and provides PCB wasteload allocations of 190,000 mg per year, 160,000 mg per year, 4,100 mg per year, and 170,000 mg per year, respectively.

Tennessee-Big Sandy River Basin (9VAC25-720-90): TMDL report titled "Benthic TMDL Development for Greendale Creek and Unnamed Tributary to Fleenor Branch located in Washington County, VA." This TMDL report proposes sediment reductions for Greendale Creek and an unnamed tributary to Fleenor Branch and provides sediment wasteload allocations of 14 ton per year and 0.22 ton per year, respectively. This TMDL report also proposes phosphorous reductions for the unnamed tributary to Fleenor Branch and provides phosphorus wasteload allocation of 1.2 tons per year.

How a decision is made: After comments have been considered, the board will make the final decision. Citizens who submit statements during the comment period may address the board members during the board meeting at which a final decision is made on the proposal.

To review documents: The TMDL reports are available on the DEQ website at https://www.deq.virginia.gov/our-programs/water/water-quality/tmdl-development/draft-tmdls, respectively, and by contacting the DEQ representative listed at the end of this notice for any report. The electronic copies are in PDF or Word format and may be read online or downloaded.

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

Contact Information: Anthony Cario, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 814-7774, or email anthony.cario@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.