Vol. 40 Iss. 7 - November 20, 2023


Public Comment Opportunity for Proposed Variances to the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services

Notice of action: The Department of Behavioral Health and Developmental Services (DBHDS), in accordance with Part VI, Variances (12VAC35-115-220), of the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115), hereafter referred to as the "Human Rights Regulations," is announcing an opportunity for public comment on an application for proposed variances to the Human Rights Regulations submitted to the State Human Rights Committee (SHRC). The purpose of the regulations is to ensure and protect the legal and human rights of individuals receiving services in facilities or programs operated, licensed, or funded by DBHDS.

Each variance application references the specific part of the regulation to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. Such application also describes time limits and other conditions for duration and the circumstances that will end the applicability of the variance. After considering all available information, including comments, the SHRC intends to submit a written decision deferring, disapproving, modifying, or approving each variance application. All variances shall be approved for a specific time period. The decision and reasons for variance will be published in a later issue of the Virginia Register of Regulations.

Purpose of notice: The SHRC is seeking comment on the application for a proposed variance to the Human Rights Regulations for the DBHDS Western State Hospital (WSH) for a variance to Procedures for Behavior Treatment Plans and Use of Seclusion, Restraint, and Time Out:

12VAC35-115-105-H: Providers shall not use seclusion in a behavioral treatment plan.

12VAC35-115-110 C 3: Only residential facilities for children that are licensed under the Regulations for Children's Residential Facilities (12VAC35-46) and inpatient hospitals may use seclusion and only in an emergency.

Explanation: The variances will allow WSH to place an individual in an environment of seclusion, at the individual's request, and not as related to an emergency, in order to prevent self-injurious harm to the individual and to the staff members responsible for the individual's care.

How to comment: The SHRC accepts written comments by online public comment forum, email, fax, and postal mail.

To review a proposal: Variance applications and any supporting documentation may be obtained by contacting the DBHDS representative listed in this notice.

Contact Information: Taneika Goldman, Director, Office of Human Rights, Department of Behavioral Health and Developmental Services, 1220 East Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-3988, FAX (833) 734-1241, or email


Proposed Enforcement Action for Cullen Management LLC

The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for Cullen Management LLC for violations of the State Water Control Law and regulations at McDonald's, 1195 North 4th Street, Wytheville, Virginia. The proposed order is available from the DEQ contact listed or at The DEQ contact will accept comments by email or postal mail from November 20, 2023, through December 20, 2023.

Contact Information: Jonathan Chapman, Enforcement Specialist, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, or email

Gladys Solar LLC Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule - Campbell County

Gladys Solar LLC has provided DEQ a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) pursuant to 9VAC15-60. Gladys Solar will be located in Campbell County on two parcels (72-10-9 and 72-A-36) totaling 1,108 acres off of Gladys Road, approximately 4.5 miles southwest of Gladys, Virginia. The centroid of the project is located at 37.136600, -79.132900. The proposed project will have a rated capacity of 60.4 megawatts alternating current and include up to 180,000 photovoltaic panels. The project developer is Energix Renewables.

Contact Information: Amber Foster, Renewable Energy Permit By Rule Coordinator, Department of Environmental Quality, 111 East Main Street, Richmond, VA 23219, telephone (804) 774-8474, or email

Public Comment Opportunity on Proposed Vertiport in Blackstone, Virginia.

Purpose of notice: The Department of Environmental Quality (DEQ) seeks public comment on the Commonwealth's response to the environmental aspects of a proposed vertiport in Blackstone, Virginia.

Public comment period: October 25, 2023, through November 24, 2023.

Type of response: DEQ is conducting an environmental review of a proposed vertiport as a component of the Town of Blackstone's application for a vertiport license submitted to the Virginia Department of Aviation (DOAV).

Project description: The Town of Blackstone, operator of the Allen C. Perkinson Municipal Airport in conjunction with the Department of Military Affairs, requests that DOAV approve its application for a vertiport license. The Allen C. Perkinson Municipal Airport is a joint-use facility that is comprised of approximately 700 acres, 26 of which are controlled by the town. The town's portion houses the general aviation terminal building, multiple hangar facilities, a fuel farm, and an aircraft parking apron, while the military's portion houses the control tower, runway, taxiway system, and aircraft hangars. The purpose of this project is to identify a designated takeoff and landing area for the vertical takeoff and landing of vehicles already operating at the field. The vertiport license, as applied for by the town, would authorize a specific area on the airfield to be solely dedicated for the takeoff and landing of drones and electric vertical take-off and landing vehicles (ETVOLs) on the airfield. The proposed site is located on a portion of the airfield controlled by the military but immediately adjacent to the 26 acres operated by the town. The proposed vertiport will be located on a 50 foot by 50 foot section of existing abandoned taxiway that will be painted or "marked" in a manner consistent with Engineering Brief 105, the Federal Aviation Administration's recommended guidelines on vertiports. The proposed action will allow the airport to identify a designated takeoff and landing area for the drones and ETVOLs already operating at the field and could potentially serve as an economic stimulant to the region.

How a decision is made: The DEQ Office of Environmental Impact Review coordinates the Commonwealth's response to the environmental information submitted for licensing actions. DEQ distributes the documents to appropriate state agencies, planning districts, and localities for review and comment. Upon consideration of all comments, DEQ prepares a single response to DOAV, which must consider the environmental review conducted by DEQ prior to approving the airport's vertiport license.

How to comment: DEQ accepts comments from the public by hand-delivery, email, or postal mail. The public is invited to comment in any of three ways: (i) oral comments will be recorded by a certified court reporter during a joint public hearing; (ii) written comments may be submitted anytime during the hearing; or (iii) written comments may be mailed, emailed, or hand delivered to the DEQ staff member listed as contact for this notice. All written comments will be forwarded to DOAV. All comments must include the name, address, and telephone number of the person commenting and be received by DEQ within the comment period. Before including an address, telephone number, email address, or other personal identifying information in a comment, commenters be advised that the entire comment, including personal identifying information, may be made publicly available at any time. While commenters can ask DEQ in a comment to withhold from public review personal identifying information, DEQ cannot guarantee that DEQ will be able to do so.

A copy of the environmental information is available at the following locations: (i) Allen C. Perkinson Municipal Airport, 291 Dominy Corner Road, Blackstone, VA 23824; or (ii) Department of Environmental Quality, 1111 East Main Street, 14th Floor, Richmond, VA 23219.

Public hearing: A joint public hearing will be hosted by DEQ in conjunction with DOAV for the purposes of compliance with state licensing requirements (§ 5.1-7 of the Code of Virginia). Anyone desiring to be heard in support of or in opposition to this proposed action may attend and have their comments considered by DEQ and DOAV.

The Joint Public Hearing will be held on November 14, 2023, 6 p.m., at Allen C. Perkinson Municipal Airport, 291 Dominy Corner Road, Blackstone, VA 23824

For public comments, document requests, and additional information, contact the DEQ staff member listed as contact for this notice.

Contact Information: Megan Black, Office of Environmental Impact Review Department of Environmental Quality, 1111 East Main Street, 14th Floor, Richmond, VA 23219, telephone (804) 698-4099, or email