8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 30 Iss. 10 - January 13, 2014

GENERAL NOTICES/ERRATA

DEPARTMENT OF ENVIRONMENTAL QUALITY

Development of Watershed Plan to Restore Water Quality at Fairview Beach

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the development of a watershed plan (WP) for impaired waters at Fairview Beach, located in King George County, Virginia. Fairview Beach (Potomac River) has been on the state's list of dirty, or impaired, waters since 2006.

The use of this beach has been restricted due to excessive bacteria levels, resulting in beach closures at various times over the last nine years. The Virginia Department of Health has issued swimming advisories in order to protect the public from possible exposure to bacteria.

Due to the fact that there is not currently a total maximum daily load (TMDL) for Fairview Beach, a watershed plan will be developed by DEQ and contractors in order to identify measurable goals for restoring water quality. The WP will also include the corrective actions needed and their associated costs, benefits, and environmental impacts. Information presented during a recent informational meeting can be found at http://www.deq.virginia.gov/Programs/Water/WaterQuality
InformationTMDLs/TMDL/TMDLDevelopment/DocumentationforSelectTMDLs.aspx.

Actions to restore water quality at Fairview Beach will be the subject of a public meeting to be held February 20, 2014, from 6 p.m. until 8 p.m. at the Fairview Beach Firehouse, 6060 Riverview Drive, King George, VA 22485. It should be noted that in the event of inclement weather and county school closures on February 20, 2014, the meeting will be rescheduled for February 27, 2014, from 6 p.m. until 8 p.m. at the Fairview Beach Firehouse. At this meeting, bacteria source studies and the process for developing the WP will be discussed, and citizens will learn how they can be a part of the public participation process. DEQ seeks information and involvement of local citizens in developing this plan. After a one-hour public meeting, stakeholders will break into working group sessions to discuss and provide input for the watershed plan.

The 30-day public comment period on the information presented at the meeting will end March 20, 2014. Questions or information requests should be addressed to May Sligh, Department of Environmental Quality, Piedmont Regional Office, telephone [phone], or email [e-mail], or to Jennifer Carlson, Department of Environmental Quality, Northern Regional Office, telephone [phone], or email [e-mail]. Though email comments are preferred, written comments and inquiries can also be submitted and should include the name, address, and telephone number of the person submitting the comments. Please send to May Sligh, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060.

Water Quality Improvement Plan - Cripple Creek (Smyth and Wythe Counties) and Elk Creek (Grayson County)

The Virginia Department of Environmental Quality will hold a public meeting to present the draft water quality improvement plan for reducing agricultural and residential sources of bacteria in Cripple Creek (Smyth and Wythe Counties) and Elk Creek (Grayson County) on January, 28, 2014. The meeting will be held from 6:30 p.m. to 8:30 p.m. at the Summerfield UMC Community Clubhouse located at 4680 Carsonville Road, Fries, VA 24330, near the community of Elk Creek. Directions are provided at the end of this notice.

Cripple Creek originates near Rural Retreat in Smyth County and flows east into the New River near Ivanhoe. Elk Creek is located in the northern half of Grayson County and flows into the New River a few miles west of Galax.

Elk Creek and segments of Cripple Creek do not meet state water quality standards for E. coli (i.e., fecal bacteria). Elevated levels of E. coli indicate an increased risk of illness for people who come in contact with water in the affected streams. Bacteria sources identified in the area include failing septic systems, discharges of untreated human waste (i.e., straight pipes), and livestock waste.

The Virginia Department of Environmental Quality will present an overview of the types and amount of corrective actions that are needed to meet water quality goals and the framework through which stakeholders can implement the corrective actions.

The public meeting provides an opportunity for citizens and interested parties to ask questions and provide comments on the plan, and it will begin a 30-day period during which written public comments will be accepted.

Questions, information requests, and comments should be addressed to Patrick Lizon, TMDL/Watershed Field Coordinator, Virginia Department of Environmental Quality, 355-A Deadmore Street, Abingdon, VA 24210, email [e-mail], or telephone [phone]. Comments must be submitted by February 28, 2014.

Directions to the Summerfield UMC Community Clubhouse: From Wytheville in the north: from the junction of U.S. HWY 11 and U.S. HWY 21 in Wytheville, follow U.S. 21 south approximately 20.2 miles to the community of Elk Creek at the junction of U.S. 21 and Comers Rock Road (Rd 658). Continue on U.S. 21, for approximately 0.4 miles (just past the Elk Creek Rescue Squad station on the right) and turn left on Carsonville Road (Rd 660). Continue on Carsonville Road for 5 miles. The building is located at the intersection of Carsonville Road and Churchview Lane (Rd 717), on the left side of the road (Carsonville Road makes a sharp left turn at the intersection while Churchview Lane goes straight). From Independence in the south: Head north on U.S. HWY 21 for approximately 9.1 miles to the intersection of U.S. 21 and Carsonville Road (on the right side of U.S. 21). The Carsonville Road intersection is on the right (just before the Elk Creek Rescue Squad building on the left side of U.S. 21). Follow the directions listed above to get from the Carsonville Road turnoff to the Summerfield UMC Community Clubhouse.

Total Maximum Daily Load for Little Otter River Watershed and the Buffalo Creek Watershed

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) announces the release of an updated draft total maximum daily load (TMDL) report. Final public meeting was held on February 20, 2013, and since that meeting, changes were made to the draft TMDL report. The TMDL report was developed to document a study to restore water quality in the Little Otter River watershed and the Buffalo Creek watershed. The draft TMDL report is posted on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.

Description of study: Virginia agencies are working to identify sources of biological impairment (general standard) in the Little Otter River watershed and the Buffalo Creek watershed. The general standard indicates the water quality does not support a natural aquatic invertebrate community.

The following is the "impaired" stream, the length of the impaired segment, location and the reason for the impairment: Johns Creek, 2.13 miles, Bedford City and Bedford County, general standard (aquatic invertebrate community); Little Otter River, 21.62 miles, Bedford City and Bedford County, general standard (aquatic invertebrate community); Wells Creek, 3.78 miles, Bedford County, general standard (aquatic invertebrate community); Buffalo Creek, 8.09 miles, Bedford and Campbell Counties, general standard (aquatic invertebrate community).

DEQ, in cooperation with the Virginia Department of Conservation and Recreation and other state and local agencies, developed a total maximum daily load (TMDL) study 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, contamination levels have to be reduced to the TMDL amount.

How to comment: DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting and be received by February 13, 2014. DEQ also accepts written and oral comments at the public meeting announced in this notice.

Contact: For additional information or to submit comments, contact Mary Dail, Virginia Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, telephone [phone], or email [e-mail].

Additional information is also available on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQual
ityInformationTMDLs/TMDL/TMDLDevelopment.aspx.

STATE BOARD OF HEALTH

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health is conducting a periodic review and small business impact review of 12VAC5-421, Food Regulations.

The review of this regulation will be guided by the principles in Executive Order 14 (2010), which can be found at http://tinyurl.com/ExecutiveOrder142010.

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins January 13, 2014, and ends February 12, 2014.

Comments may be submitted online to the Virginia Regulatory Townhall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Allen Knapp, Director, Office of Environmental Health Services, 109 Governor Street, Richmond, VA 23219, telephone [phone], or email [e-mail].

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Townhall and a report of the small business impact review will be published in the Virginia Register of Regulations.

STATE LOTTERY DEPARTMENT

Director's Orders

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on December 20, 2013. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 201 North 9th Street, 2nd Floor, Richmond, VA.

Director's Order Number Nine (14)

Virginia's Instant Game Lottery 1465 "High Stakes^TM" Final Rules for Game Operation (effective March 18, 2014)

Director's Order Number Eleven (14)

Virginia Lottery's "2 Ways 2 Win" Second Chance Sweepstakes Final Rules for Game Operation (effective January 7, 2014)

Director's Order Number One Hundred Seventeen (13)

Virginia's Online Game Lottery; "Fast Play Blackjack Bonanza" Final Rules for Game Operation (effective on December 9, 2013. Upon the effective date, these rules shall supersede and replace any and all prior Virginia Lottery "Fast Play Blackjack Bonanza" game rules)

Director's Order Number One Hundred Eighteen (13)

Virginia's Online Game Lottery; "Fast Play Cold Hard Cash" Final Rules for Game Operation (effective on December 9, 2013. Upon the effective date, these rules shall supersede and replace any and all prior Virginia Lottery "Fast Play Cold Hard Cash" game rules)

Director's Order Number One Hundred Nineteen (13)

Virginia's Online Game Lottery; "Fast Play Fast $50's Hot Slots Doubler" Final Rules for Game Operation (effective on December 9, 2013. Upon the effective date, these rules shall supersede and replace any and all prior Virginia Lottery "Fast Play Fast $50's Hot Slots Doubler" game rules)

Director's Order Number One Hundred Twenty (13)

Virginia's Online Game Lottery; "Fast Play Money Bag Crossword" Final Rules for Game Operation (effective on  December 9, 2013. Upon the effective date, these rules shall supersede and replace any and all prior Virginia Lottery "Fast Play Money Bag Crossword" game rules)

Director's Order Number One Hundred Twenty-Five (13)

Virginia's Instant Game Lottery 1466 "$52 Million Cash Spectacular" Final Rules for Game Operation (effective November 26, 2013)

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Notice of Intent to Submit a State Plan Amendment Regarding the Alternative Benefit Plan

(This modification does not change any benefits currently offered—it is only a procedural change required by the Affordable Care Act.)

Pursuant to 42 CFR 440.305(d), the Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to solicit public comment on the department's proposal to seek approval from the Centers for Medicare and Medicaid Services (CMS) of a state plan amendment to modify the Alternative Benefit Plan (ABP) authorized under § 1937 of the Social Security Act for individuals who are eligible for the MEDICAID WORKS program.

MEDICAID WORKS is Virginia's Medicaid Buy-In Program, a work incentive opportunity for individuals with disabilities. Established in January 2007, this voluntary plan option enables workers with disabilities to earn higher income and retain more in savings than is typically allowed by Medicaid while ensuring continued health care coverage. MEDICAID WORKS helps enrollees gain greater independence from public assistance programs and enables their contribution to the tax base of the community and to its economic growth.

In 2008, DMAS received authorization to establish an optional alternative benefit plan for program enrollees to include personal assistance services, in addition to the standard health care services available through Medicaid. Personal assistance services, sometimes called attendant care, provide individuals with disabilities nonmedical support in the home or the workplace in order that they may continue to live at home, maintain employment and participate in community activities.

The Affordable Care Act (ACA) requires that, as of January 1, 2014, all ABPs provide services in 10 essential health benefit (EHB) categories (ambulatory services, emergency services hospitalization, maternity and newborn care, mental health and substance use disorder services, rehabilitation and habilitative services, prescription drugs, laboratory, preventive services, and pediatric services). This modification to the existing ABP for the MEDICAID WORKS program will ensure that this ABP includes all of the required services under each of the EHB categories, as well as all other services authorized under Virginia's Medicaid State Plan, and the personal assistance services.

Any service limits or cost sharing currently authorized under the approved Medicaid State Plan will apply to the ABP. The ABP will include the full range of early periodic screening, diagnoses, and treatment (EPSDT) program benefits for individuals under the age of 21.

Note: A separate communication will be issued to individuals enrolled in the program regarding the increase in the income limit that will be allowed under a forthcoming regulation.

Comments or inquiries on DMAS' proposed state plan amendment to modify the ABP for the MEDICAID WORKS program may be sent, in writing, within 14 days of this notice publication to Jack Quigley, Policy and Research Division, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219. Such comments are available for review at the same address.

Contact Information: Jack Quigley, Policy Analyst, Division of Policy and Research, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone [phone], FAX (804) 786-1680, or email [e-mail].

DEPARTMENT OF MINES, MINERALS AND ENERGY

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Mines, Minerals and Energy has conducted a small business impact review of 4VAC25-125, Regulations Governing Coal Stockpiles and Bulk Storage and Handling Facilities, and determined that this regulation should be retained in its current form. The Department of Mines, Minerals and Energy is publishing its report of findings dated December 16, 2013, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

This regulation is required by statute. It is necessary to protect the health and safety of miners working at underground and surface mines in the Commonwealth. DMME has reviewed the regulation and determined that it does not adversely impact small businesses.

Contact Information: Michael Skiffington, Program Support Manager, 1100 Bank Street, 8th Floor, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

STATE WATER CONTROL BOARD

Proposed Consent Order for USDA - Forest Service, Flatwoods Job Corps Civilian Conservation Center

An enforcement action has been proposed for the USDA - Forest Service, Flatwoods Job Corps Civilian Conservation Center for violations in Wise County. The proposed consent order addresses violations of the State Water Control Law and VPDES Permit No. VA0023027 at the Flatwoods Job Corps Civilian Conservation Center sewage treatment plant. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Ralph T. Hilt will accept comments by email at [e-mail], FAX [phone], or postal mail at Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, from January 14, 2014, to February 12, 2014.

Proposed Enforcement Action for Home Associates of Virginia, Inc.

An enforcement action has been proposed for Home Associates of Virginia, Inc. for alleged violations of the State Water Control Law at the Sherwood Lakes Subdivision in Virginia Beach, VA. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Mr. Robin Schuhmann will accept comments by email at [e-mail], FAX [phone], or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from January 13, 2014, to February 12, 2014.

Amendment to Water Quality Management Planning Regulation

Notice of action: The State Water Control Board (board) is considering the amendment of the regulation on water quality management planning in accordance with the Public Participation Procedures for Water Quality Management Planning. A regulation is a general rule governing people's rights or conduct that is upheld by a state agency.

Purpose of notice: The board is seeking comments through the Department of Environmental Quality (DEQ) on the proposed amendment. The purpose of the amendment to the state's Water Quality Management Planning Regulation (9VAC25-720) is to adopt four total maximum daily load (TMDL) waste load allocations.

Public comment period: January 13, 2014, through February 13, 2014.

Description of proposed action: DEQ staff will propose amendments to the state's Water Quality Management Planning Regulation for the James River Basin (9VAC25-720-60 A). 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 (i) approve the TMDL reports as the plan for the pollutant reductions necessary for attainment of water quality goals in the impaired segments, (ii) authorize inclusion of the TMDL reports in the appropriate Water Quality Management Plan, and (iii) adopt four TMDL waste load allocations as part of the state's Water Quality Management Planning Regulation in accordance with §§ 2.2-4006 A 4 c 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 2 (§ 2.2-4006 et seq. of the Code of Virginia) of the Virginia Administrative Process Act. 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. The U.S. Environmental Protection Agency (EPA) approved the TMDLs presented under this public notice. The approved reports can be found at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/ApprovedTMDLReports.aspx.

Affected waterbodies and localities:

In the James River Basin (9VAC25-720-60):

1. "Phelps Branch Sediment TMDL Development Report for a Benthic Impairment in Appomattox County, Virginia"

• The Phelps Branch TMDL proposes sediment reductions for the watershed and provides a sediment wasteload allocation of 115.7 tons/year.

2. "Sediment TMDL Development Report for Benthic Impairments in Long Branch and Buffalo River in Amherst County, Virginia"

• The Long Branch and Buffalo River TMDLs propose sediment reductions for portions of the watershed and provide a sediment wasteload allocation of 16.2 tons/year for Long Branch and 306.4 tons/year for Buffalo River.

3. "Benthic Total Maximum Daily Load Development for Chickahominy River, Virginia"

• The Chickahominy River TMDL, located in Hanover and Henrico Counties, proposes sediment reductions for portions of the watershed and provides a sediment wasteload allocation of 294.03 tons/year.

How to comment: DEQ accepts written comments by email, fax, and postal mail. All written comments must include the full name, address, and telephone number of the person commenting and be received by 5 p.m. on the last day of the comment period.

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 report is available on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/ApprovedTMDLReports.aspx and by contacting the DEQ representative named below. The electronic copies are in PDF format and may be read online or downloaded.

Contact for public comments, document requests, and additional information: Liz McKercher, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Proposed Water Quality Management Planning Actions

Notice of action: The State Water Control Board (board) is considering the approval of five total maximum daily load (TMDL) reports, and granting authorization to include the TMDL reports in the appropriate Water Quality Management Plans (WQMPs).

Purpose of notice: The board is seeking comment on the proposed approvals and authorizations. The purpose of these actions is to approve five TMDL reports as Virginia's plans for the pollutant reductions necessary for attainment of water quality goals in impaired waterbodies. These actions are taken in accordance with the Public Participation Procedures for Water Quality Management Planning.

Public comment period: January 13, 2014, through February 13, 2014.

Description of proposed action: Department of Environmental Quality (DEQ) staff intends to recommend that the DEQ Director (i) approve the TMDL reports listed below as Virginia's plans for the pollutant reductions necessary for attainment of water quality goals in the impaired segments and (ii) authorize inclusion of the TMDL reports in the appropriate WQMPs. No regulatory amendments are required for these TMDLs and their associated waste load allocations.

At the December 2, 2004, meeting, the board voted unanimously to delegate to the DEQ Director the authority to approve TMDLs that do not include waste load allocations requiring regulatory adoption by the board, provided that a summary report of the action the director plans to take is presented to the board prior to the director approving the TMDL reports. The TMDLs included in this public notice will be approved using this delegation of authority.

The TMDLs listed below were developed in accordance with Federal Regulations (40 CFR 130.7) and are exempt from the provisions of Article 2 (§ 2.2-4006 et seq. of the Code of Virginia) of the Virginia Administrative Process Act. The TMDLs have been through 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 TMDLs. the U.S. Environmental Protection Agency approved all TMDL reports presented under this public notice. The approved reports can be found at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/ApprovedTMDLReports.aspx.

Affected waterbodies and localities:

In the Potomac – Shenandoah River Basin:

1. "Bacteria Total Maximum Daily Load (TMDL) Development for Tributaries to the Potomac River: Prince William and Stafford Counties"

• Nine bacteria TMDLs, located in Prince William and Stafford Counties, propose bacteria reductions for portions of the watersheds to address primary contact (swimming use) impairments.

2. "Bacteria TMDL Development for Tributaries to the Potomac River: Sugarland Run, Mine Run, and Pimmit Run"

• Three bacteria TMDLs, located in Arlington, Fairfax, and Loudoun Counties, propose bacteria reductions for portions of the watersheds to address primary contact (swimming use) impairments.

In the James River Basin:

3. "Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River, and Tye River in Nelson County and Amherst County, Virginia"

• Eight bacteria TMDLs, located in Nelson and Amherst Counties, propose bacteria reductions for portions of the watersheds to address primary contact (swimming use) impairments.

4. "Bacteria Total Maximum Daily Load Development for Bent Creek, North Creek, Stonewall Creek, Walkers Ford Creek, and Wreck Island Creek"

• Five bacteria TMDLs, located Amherst, Appomattox, Buckingham, and Campbell Counties, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments.

In the Roanoke River Basin:

5. "Bacterial TMDL Development for the Banister River (BAN06A08) and Winn Creek (WNN01A06) Watersheds"

• Two bacteria TMDLs, located in Halifax and Pittsylvania Counties, propose bacteria reductions for portions of the watersheds to address the primary contact (swimming use).

How to comment: DEQ accepts written comments by email, fax, and postal mail. All written comments must include the full name, address, and telephone number of the person commenting and be received by 5 p.m. on the last day of the comment period.

How a decision is made: After comments have been considered, the board will make the final decision.

To review documents: The TMDL reports and TMDL implementation plans are available on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/ApprovedTMDLReports.aspx  and by contacting the DEQ representative named below. The electronic copies are in PDF format and may be read online or downloaded.

Contact for public comments, document requests, and additional information: Liz McKercher; Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Proposed Water Quality Management Planning Actions

Notice of action: The State Water Control Board (board) is considering the approval of seven total maximum daily load (TMDL) implementation plans (IPs) and granting authorization to include the TMDL IPs in the appropriate Water Quality Management Plans (WQMPs).

Purpose of notice: The board is seeking comment on the proposed approvals and authorizations. The purpose of these actions is to approve seven TMDL IPs as Virginia's plans for the management actions necessary for attainment of water quality goals in several impaired waterbodies. These actions are taken in accordance with the Public Participation Procedures for Water Quality Management Planning.

Public comment period: January 13, 2014, through February 13, 2014.

Description of proposed action: Department of Environmental Quality (DEQ) staff intends to recommend that the DEQ Director (i) approve the TMDL IPs listed below as Virginia's plans for the management actions necessary for attainment of water quality goals in the impaired segments and (ii) authorize inclusion of the TMDL IPs in the appropriate WQMPs. No regulatory amendments are required for these TMDL IPs.

At the June 28, 2005, meeting, the board voted unanimously to delegate to the DEQ Director the authority to approve TMDL implementation plans, provided that a summary report of the action the director plans to take is presented to the board prior to the director's approval. The TMDL implementation plans included in this public notice will be approved using this delegation of authority.

The TMDLs listed below were developed in accordance with 1997 Water Quality Monitoring, Information and Restoration Act (WQMIRA) (§§ 62.1-44.19:4 through 62.1-44.19:8 of the Code of Virginia) and federal recommendations. The TMDL IPs were developed in accordance with DEQ's Public Participation Procedures for Water Quality Management Planning. Extensive public participation was solicited during the development of the plans, and the public comment process provided the affected stakeholders with opportunities for comment on the proposed plans. The final TMDL IPs can be found at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLImplementation/TMDLImplementationPlans.aspx.

Affected waterbodies and localities:

In the Potomac – Shenandoah River Basin:

1. "Linville Creek Watershed Implementation Plan"

• The IP proposes management actions needed to reduce bacteria and sediment and restore the primary contact and aquatic life uses in Linville Creek located in Rockingham County.

2. "Spout Run Water Quality Improvement Plan"

• The IP proposes management actions needed to reduce bacteria and sediment and restore the primary contact and aquatic life uses in Spout Run located in Clarke County.

In the James River Basin:

3. "Rockfish River Watershed TMDL Implementation Plan"

• The IP proposes management actions needed to reduce bacteria and sediment and restore the primary contact and aquatic life uses in the Rockfish River watershed located in Nelson County.

In the Roanoke River Basin:

4. "Lower Banister River Watershed Implementation Plan"

• The IP proposes management actions needed to reduce bacteria and restore the primary contact use in the Banister River watershed located in Halifax and Pittsylvania Counties.

5. "South Mayo River, North Fork Mayo River, South Fork Mayo River, Blackberry Creek, Marrowbone Creek, Leatherwood Creek, and Smith River Watershed Implementation Plan"

• The IP proposes management actions needed to reduce bacteria and restore the primary contact use in the Smith River and Mayo River watersheds located in Patrick, Henry, Floyd, and Franklin Counties.

In the Tennessee - Big Sandy River Basin:

6. "A Plan to Reduce Fecal Bacteria and Sediment in the Middle Fork Holston River and Wolf Creek Watersheds"

• The IP proposes management actions needed to reduce bacteria and sediment and restore the primary contact and aquatic life uses in the Middle Fork Holston River and Wolf Creek watersheds located in Washington, Wythe, and Smyth Counties.

In the Chesapeake Bay-Small Coastal-Eastern Shore Basin:

7. "Water Quality Implementation Plan for Gwynns Island, Milford Haven and Piankatank River Watersheds (Upper and Lower)"

• The IP proposes management actions needed to reduce bacteria and restore the shellfishing and primary contact uses contact use in the Piankatank River watershed located in Mathews, Middlesex, and Gloucester Counties.

How to comment: DEQ accepts written comments by email, fax, and postal mail. All written comments must include the full name, address, and telephone number of the person commenting and be received by 5 p.m. on the last day of the comment period.

How a decision is made: After comments have been considered, the board will make the final decision.

To review documents: The TMDL implementation plans are available on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLImplementation/TMDLImplementationPlans.aspx and by contacting the DEQ representative named below. The electronic copies are in PDF format and may be read online or downloaded.

Contact for public comments, document requests, and additional information: Liz McKercher, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

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 [phone]; FAX (804) 692-0625; Email: [e-mail].

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.