GENERAL NOTICES/ERRATAVol. 30 Iss. 9 - December 30, 2013
DEPARTMENT OF ENVIRONMENTAL QUALITY
Total Maximum Daily Load Study for Aarons Creek, North Fork Aarons Creek, Big Bluewing Creek, Coleman Creek, Little Coleman Creek, Little Buffalo Creek, Hyco River, and Beech Creek in Halifax County and Mecklenburg County
The Virginia Department of Environmental Quality (DEQ) will host a public meeting on a water quality study for these streams on Thursday, January 9, 2014.
The meeting will start at 7 p.m. in the Midway Volunteer Fire Department located at 10801 Bill Tuck Highway, Virgilina, VA 24598. The purpose of the meeting is to provide information and discuss the study with interested local community members and local government.
Aarons Creek (VAC-L73R_AAR01A00) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the primary contact use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.
North Fork Aarons Creek (VAC-L73R_AAR02A10) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the primary contact use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.
Big Bluewing Creek (VAC-L74R_BLU01A08) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the primary contact use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.
Coleman Creek (VAC-L74R_CLB01A06) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the primary contact use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.
Little Coleman Creek (VAC-L74R_LOL01A06) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the primary contact use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.
Little Buffalo Creek (VAC-L76R_LFF01A00) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the primary contact use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.
Hyco River (VAC-L74R_HYC02A06) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the primary contact use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.
Beech Creek (VAC-L75R_ BEE01A98) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the primary contact use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.
Coleman Creek (VAC-L74R_CLB01A06) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the aquatic life use. The impairment is based on benthic macroinvertebrate bioassessments.
Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop total maximum daily loads (TMDLs) for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report and subsequent Water Quality Assessment Reports.
During the study, DEQ will develop a TMDL for the impaired water. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL amount.
The public comment period on materials presented at this meeting will extend from January 9, 2014, to February 10, 2014. For additional information or to submit comments, contact Paula Nash, Virginia Department of Environmental Quality, Blue Ridge Regional Office, 7705 Timberlake Road, Lynchburg, VA 24502, telephone (434) 582-6216, or email paula.nash@deq.viginia.gov.
Total Maximum Daily Load Study of Crooked Run, Stephens Run, West Run, Happy Creek, Manassas Run, Willow Brook, Borden Marsh Run, and Long Branch in Frederick, Warren, and Clarke Counties
Public meetings: A meeting will be held Thursday, January 9, 2014, at 6:30 p.m. at the North Warren Fire Hall, 266 Rockland Court, Front Royal, VA 22630. This meeting will be open to the public and all are welcome. In the case of inclement weather, please contact Tara Sieber at (540) 574-7870.
Purpose of notice: The Department of Environmental Quality (DEQ) and its contractors, Virginia Tech's Biological Systems Engineering Department, will present preliminary data for the development of a water quality study known as a total maximum daily load (TMDL) for Crooked Run and its tributaries, including Stephens Run and West Run, Happy Creek, Manassas Run, Willow Brook, Borden Marsh Run and Long Branch. This is an opportunity for local residents to share information about the area and its local streams. A public comment period from January 9, 2014, through February 10, 2014, will follow the meetings.
Meeting description: A public meeting will be held to introduce the local community to the water quality improvement process in Virginia, known as the TMDL process, invite its participation and solicit its contributions, and review the next steps. Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report.
Description of study: Several streams in the Shenandoah River watershed do not meet Virginia's water quality standards due to excessive bacteria and have been placed on the 2006, 2008, and 2010 § 303(d) TMDL Priority List and Report as impaired. The bacteria standard preserves the "primary contact (recreational or swimming)" designated use for Virginia waterways. Excessive bacteria levels may pose a threat to human health. This water quality study reports on the sources of bacterial contamination and recommends reductions to meet TMDLs for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, bacterial levels need to be reduced to the TMDL amount. Virginia agencies are working to identify sources of bacterial contamination in the tributaries to the Shenandoah River, which will include the following waterways:
| Stream | County | Length (miles) | Impairment |
| Crooked Run | Frederick/Warren | 8.87 mi | Bacteria (E. coli) |
| Stephens Run | Frederick | 0.95 mi | |
| West Run | Frederick/Warren | 6.12 mi | |
| Happy Creek | Warren | 8.42 mi | |
| Manassas Run | Warren | 9.15 mi | |
| Willow Brook | Warren | 3.95 mi | |
| Borden Marsh Run | Clarke/Warren | 9.46 mi | |
| Long Branch | Clarke | 3.63 mi |
In addition, Happy Creek does not host a healthy and diverse population of aquatic life, and subsequently was listed as impaired for the "general benthic (aquatic life)" water quality standard. This water quality TMDL study will review all data collected and determine the cause of the benthic impairment through a weight of evidence approach. Reductions and a TMDL for the cause of the impairment will be developed.
| Stream | County | Length (miles) | Impairment |
| Happy Creek | Warren | 8.42 mi | aquatic life |
In addition, Crooked Run and Stephens Run have very low dissolved oxygen (DO) levels and therefore were listed as impaired for the DO water quality standard. This water quality TMDL study will review all data collected and determine the cause of the low DO levels through a weight of evidence approach. Reductions and a TMDL for the cause of the impairment will be developed.
| Stream | County | Length (miles) | Impairment |
| Crooked Run | Frederick/Warren | 8.87 mi | DO |
How to comment: The public comment period for these public meetings will end on February 10, 2014. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to: Tara Sieber, Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7870, FAX (540) 574-7878, or email tara.sieber@deq.virginia.gov.
DEPARTMENT OF HEALTH
January 1, 2014 - DRINKING WATER STATE REVOLVING FUNDS
The Virginia Department of Health (VDH) is pleased to announce several opportunities for funding drinking water infrastructure. All applications may be submitted year round; however, VDH will conduct two rounds of evaluations for offers on April 1, 2014, and September 2, 2014. Applications postmarked/received after either due date will be considered for funding in the following round. Funding is made possible by the Drinking Water State Revolving Fund (DWSRF) Program and the Water Supply Assistance Grant (WSAG) Fund Program (if funds are available). VDH anticipates a funding level of $20 million. The FY 2015 DWSRF Intended Use Plan will be developed using public input on these issues.
(1) Construction Funds - Private and public owners of community waterworks and nonprofit noncommunity waterworks are eligible to apply for construction funds. VDH makes selections based on criteria described in the DWSRF Program Design Manual, such as existing public health problems, noncompliance, affordability, regionalization, the availability of matching funds, etc. Readiness to proceed with construction is a key element. A Preliminary Engineering Report must be submitted if required by VDH. An instruction packet and Construction Project Schedule are included.
(2) Set-Aside Suggestion Forms - Anyone has the opportunity to suggest new or continuing set-aside (nonconstruction) activities. Set-aside funds help VDH assist waterworks owners to prepare for future drinking water challenges and assure the sustainability of safe drinking water.
(3) 1452(k) Source Water Protection Initiatives - This provision allows VDH to loan money for activities to protect important drinking water resources. Loan funds are available to (1) community and nonprofit noncommunity waterworks to acquire land/conservation easements and (2) community waterworks, only, to establish local, voluntary incentive-based protection measures.
(4) Planning and Design Grants - Private and public owners of community waterworks are eligible to apply for these grant funds. Grants can be up to $50,000 per project for small, financially stressed, community waterworks serving fewer than 10,000 persons. Eligible projects may include preliminary engineering planning, design of plans and specifications, performance of source water quality and quantity studies, drilling test wells to determine source feasibility, or other similar technical assistance projects. These funds could assist the waterworks owner in future submittals for construction funds.
The VDH's DWSRF Program Design Manual describes the features of the above opportunities for funding. After receiving public input, VDH will develop a draft of an intended use plan for public review and comment. When developed, the intended use plan draft will describe specific details for use of the funds. A public meeting is planned, and written comments will be accepted before VDH submits a final version to the US Environmental Protection Agency for approval.
Request applications, set-aside suggestion forms, Program Design Manuals, and information from Steven Pellei, PE, FCAP Director, telephone (804) 864-7500, FAX (804) 864-7521, or by writing to Virginia Department of Health, Office of Drinking Water, 109 Governor Street, 6th Floor, Richmond, VA 23219. Any comments can be directed to Mr. Pellei. The materials are also accessible on the VDH website at http://www.vdh.virginia.gov/odw/financial/dwfundingprogramdetails.htm.
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January 1, 2014 - WATER SUPPLY ASSISTANCE GRANT FUNDING
The 1999 General Assembly created the Water Supply Assistance Grant (WSAG) Fund in § 32.1-171.2 of the Code of Virginia. The purpose of the WSAG is to make grant funds available to localities and owners of waterworks to assist in the provision of drinking water.
The Virginia Department of Health (VDH) does not anticipate WSAG funds being made available at the present time. If WSAG funds are made available, VDH will implement the following WSAG requirements (applicants use the same forms and follow the same guidelines and deadlines for the Drinking Water State Revolving Fund Program):
(1) Small Project Construction Grants - Funding for small project construction may be available for projects whose total project cost does not exceed $150,000. Eligible activities may include but not be limited to upgrade or construction of well or spring sources, waterlines, storage tanks, and treatment.
The applicant submits the current VDH construction application to VDH. To promote coordination of funding and streamline the process for applicants, grants are prioritized in accordance with rating criteria of the current Drinking Water State Revolving Fund (DWSRF) Program. For WSAG purposes only, up to 30 extra points are added to the VDH rating criteria relative to the Stress Index rank. Preference is given to community waterworks. This priority system ensures that all eligible acute or chronic health/Safe Drinking Water Act compliance projects are funded before any other eligible project.
(2) Surface Water Development or Improvement Grants - Funding for community waterworks surface source water development or improvement activities. The application cannot exceed $200,000. The applicant submits the current construction application to VDH. In ranking of applications, preference is given to those that address problems of small, community waterworks with multi-jurisdictional support. Eligible activities may include: land purchase, options to purchase land, general site development costs, and dam upgrade and construction.
(3) Planning and Design Grants - Funding for waterworks planning and design needs. The application cannot exceed $50,000.
In ranking of applications, preference is given to those that address problems of small, community waterworks with multi-jurisdictional support. The applicant submits the current VDH planning and design application to VDH. To promote coordination of funding and streamline the process for applicants, grants are prioritized in accordance with rating criteria of the current DWSRF Program. For WSAG funding purposes only, up to 50 extra points are added to the DWSRF rating criteria relative to the Stress Index rank.
Eligible activities may include but not be limited to capacity building activities addressing regionalization or consolidation, performance of source water quality and quantity studies, drilling test wells to determine source feasibility, income surveys, preliminary engineering planning, design and preparation of plans and specifications, or other similar technical assistance projects.
The VDH's WSAG Program Guidelines describes the features of the above opportunities for funding. Request the applications or program guidelines from Steve Pellei, PE, FCAP Director, by telephone (804) 864-7500, FAX (804) 864-7521, or by writing to Virginia Department of Health, Office of Drinking Water, 109 Governor Street, 6th Floor, Richmond, VA 23219. The applications are also accessible on the VDH website at http://www.vdh.virginia.gov/odw/financial/dwfundingprogramdetails.htm.
VIRGINIA CODE COMMISSION
Notice to State Agencies
Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North 9th Street, 2nd Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; FAX (804) 692-0625; 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 http://www.virginia.gov/connect/commonwealth-calendar.
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.
