8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 28 Iss. 9 - January 02, 2012

GENERAL NOTICES/ERRATA

VIRGINIA SOIL AND WATER CONSERVATION BOARD

Proposed Consent Special Order - Neff Enterprises

Purpose of notice: To seek public comment on the terms of a proposed consent special order issued to Neff Enterprises (Neff).

Public comment period: January 16, 2012, through February 15, 2012.

Summary of proposal: The proposed consent special order describes a settlement between the Virginia Soil and Water Conservation Board and Neff to resolve alleged past violations of the Virginia Stormwater Management Act and Regulations at Neff's South Harrisonburg Commercial Park construction project located at South Main Street in the City of Harrisonburg, Virginia.

How to comment: The Virginia Department of Conservation and Recreation accepts written comments from the public by mail, email, or facsimile. All comments must include the name, address, and telephone number of the person commenting. Comments must be received during the comment period. A copy of the proposed consent special order is available on request from the person identified directly below as the contact.

Contact for public documents, documents, and additional information: Edward A. Liggett, Virginia Department of Conservation and Recreation, 900 Natural Resources Drive, Suite 800-DCR, Charlottesville, VA 22903, telephone [phone], FAX [phone], or email [e-mail].

Contact Information: David C. Dowling, Policy and Planning Director, 203 Governor Street, Suite 302, Richmond, VA 23219, telephone (804) 786-2291, FAX [phone], or email [e-mail].

Proposed Consent Special Order - The City of Petersburg

Purpose of notice: To seek public comment on the terms of a proposed consent special order issued to the City of Petersburg regarding the city's municipal separate storm sewer system.

Public comment period: January 16, 2012, through February 15, 2012.

Summary of proposal: The proposed consent special order describes a settlement with the City of Petersburg to resolve deficiencies in Petersburg's municipal separate storm sewer system as regulated under the Virginia Stormwater Management Act and Regulations.

How to comment: The Virginia Department of Conservation and Recreation accepts written comments from the public by mail, email, or facsimile. All comments must include the name, address, and telephone number of the person commenting. Comments must be received during the comment period. A copy of the proposed consent special order is available on request from the person identified directly below as the contact.

Contact for public documents, documents, and additional information: Edward A. Liggett, Virginia Department of Conservation and Recreation, 900 Natural Resources Drive, Suite 800-DCR, Charlottesville, VA 22903, telephone [phone], FAX [phone], or email [e-mail].

Contact Information: David C. Dowling, Policy and Planning Director, 203 Governor Street, Suite 302, Richmond, VA 23219, telephone (804) 786-2291 FAX [phone], or email [e-mail].

DEPARTMENT OF ENVIRONMENTAL QUALITY

Small Renewable Energy (Water Related) Permit By Rule Regulation, 9VAC15-80

Pursuant to the Small Renewable Energy Projects Act of 2009 (§ 10.1-1197.5 et seq., of the Code of Virginia), the department is directed to develop one or more permits by rule "if it is determined by the department that one or more such permits by rule are necessary for the construction and operation of small renewable energy projects." The Department of Environmental Quality (DEQ) filed a Notice of Intended Regulatory Action (NOIRA) for each renewable energy resource (or group of related resources).

The Water Related Regulatory Advisory Panel (RAP) was established in September 2011 to consider a potential permit by rule (PBR) regulation for the water related renewable resources that are listed in the 2009 statute; i.e., falling water, wave motion, tides, and geothermal power.

After careful consideration of the issues, it was the consensus recommendation of the Water Related RAP that it is not necessary or appropriate, under current conditions, for DEQ to develop a PBR regulation for renewable energy projects that generate electricity from falling water, wave motion, tides, or geothermal power. The RAP further recommended that DEQ reevaluate the potential need for a PBR regulation concerning these water related renewable energy resources in 2014, or sooner if circumstances or public requests so indicate.

The department, with concurrence of the RAP, determined that it would be appropriate to conduct a 30-day informal public comment period concerning the RAP's recommendations.

The informal public comment period ended on November 28, 2011, and no comments were received.

On December 2, 2011, the Director of DEQ determined that it is not necessary or appropriate, under current conditions, for DEQ to develop a PBR regulation for renewable energy projects that generate electricity from falling water, wave motion, tides, or geothermal power. Further, the director decided that DEQ will reevaluate the potential need for a PBR regulation concerning these water related renewable energy resources in 2014, or sooner if circumstances or public requests so indicate.

The full documentation for the basis of the director's actions can be found at www.deq.virginia.gove/renewable_energy/water_related.html.

Contact Information: Carol C. Wampler, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Total Maximum Daily Load Studies to Restore Water Quality in Bacteria Impaired Waters of Powells Creek, Quantico Creek, South Fork Quantico Creek, North Branch Chopawamsic Creek, Austin Run, Accokeek Creek, Potomac Creek, Potomac Run, and an Unnamed Tributary to the Potomac River

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Virginia Department of Conservation and Recreation (DCR) announce the final Technical Advisory Committee (TAC) meeting to address the development of total maximum daily loads (TMDLS) for several tributaries to the Potomac River.

The meeting is scheduled on Wednesday, January 4, 2012, 2 p.m. to 3:30 p.m., at John M. Porter Memorial Library, Meeting Room B, 2001 Parkway Blvd., Stafford, VA 22554. In case of inclement weather please contact Katie Conaway for an alternate meeting date/time, email [e-mail], or telephone [phone].

Meeting description: This is the final TAC meeting to address the bacteria TMDL studies for Powells Creek, Quantico Creek, South Fork Quantico Creek, North Branch Chopawamsic Creek, Austin Run, Accokeek Creek, Potomac Creek, Potomac Run, and an Unnamed Tributary to the Potomac River. The purpose of the TAC is to provide technical input and insight for the project and to assist with stakeholder and public participation.

Description of study: Portions of the following streams have been identified as impaired on the Clean Water Act § 303(d) list for not supporting Virginia's water quality recreational use standard due to exceedances of the bacteria criterion:

Waterbody Name	Watershed Location	Segment Size	Cause	Segment Description
Powells Creek	Prince William County	4.62 miles	Escherichia coli	Segment begins approximately 0.2 rivermiles below Lake Montclair and continues downstream until the end of the free-flowing waters of Powells Creek.
Quantico Creek	Prince William County Town of Dumfries	1.45 miles	Escherichia coli	Segment begins at the confluence with South Fork Quantico Creek, approximately 0.75 rivermile upstream from I-95, and continues downstream until the start of the tidal waters of Quantico Bay.
South Fork Quantico Creek	Prince William County Town of Dumfries	4.63 miles	Escherichia coli	Segment begins at the headwaters of the South Fork Quantico Creek and continues downstream until the start of the impounded waters, adjacent to what is labeled as Mawavi Camp No 2 on the Joplin quad.
North Branch Chopawamsic Creek	Stafford County Prince William County	6.9 miles	Escherichia coli	Segment begins at the headwaters of North Branch Chopawamsic Creek and continues downstream until the confluence with Middle Branch.
Austin Run	Fauquier County Stafford County	0.79 miles	Fecal Coliform	Segment begins at the confluence with an unnamed tributary to Austin Run (streamcode XGQ) and continues downstream until the confluence with Aquia Creek.
Accokeek Creek	Stafford County	4.21 miles	Escherichia coli	Segment begins at the confluence with an unnamed tributary to Accokeek Creek (rivermile 8.62), approximately 0.33 rivermile downstream from Route 1, and continues downstream until the end of the free-flowing waters.
Potomac Creek	Stafford County	2.18 miles	Escherichia coli	Segment begins at the railroad crossing at the west end of swamp, upstream from Route 608, and continues downstream until the east end of swamp.
Potomac Run	Stafford County	6.13 miles	Escherichia coli	Segment begins at the headwaters of Potomac Run and continues downstream until the confluence with Long Branch.
Unnamed Tributary to the Potomac River	Stafford County	2.9 miles	Escherichia coli	Segment begins at the headwaters of the unnamed tributary and continues downstream until its confluence with the Potomac River.

Virginia agencies are working to identify sources of bacteria contamination in these stream segments. During this study, DEQ will develop a total maximum daily load, or a TMDL, for each of the impaired stream segments. A TMDL is the total amount of a pollutant a water body can receive and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL allocated amount.

How to comment: The public comment period on the materials presented at the TAC meeting will extend from January 4, 2012, to February 3, 2012. 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 DEQ during the comment period. Please send all comments to the contact listed below.

Contact for additional information: Katie Conaway, Virginia Department of Environmental Quality, 13901 Crown Court, Woodbridge, VA 22193, telephone [phone], or email [e-mail].

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 12, 2011. 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, 910 Capitol Street, 2nd Floor, Richmond, VA.

Director's Order Number One Hundred Three (11)

Virginia's Instant Game Lottery 1270; "Triple Tripler" Final Rules for Game Operation (effective December 8, 2011)

Director's Order Number One Hundred Five (11)

Virginia's Instant Game Lottery 1307; "Red Hot 5'S Doubler" Final Rules for Game Operation (effective December 8, 2011)

Director's Order Number One Hundred Ten (11)

Virginia's Instant Game Lottery 1325; "Super Lucky 8'S" Final Rules for Game Operation (effective December 8, 2011)

Director's Order Number One Hundred Twenty -Three (11)

Virginia Lottery's "2012 Super Teacher Awards Contest" Final Rules for Game Operation (effective December 8, 2011)

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Increase Supplemental Payments for Physician Practices Affiliated with Type 1 Hospitals - Notice of Intent to Amend the Virginia State Plan for Medical Assistance (Pursuant to § 1902(a)(13) of the Act
(42 USC § 1396a(a)(13))

The Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to amend the Virginia State Plan for Medical Assistance to provide for changes to the Methods and Standards for Establishing Payment Rates - Other Types of Care, 12VAC30-80. 12VAC30-80-30 is being amended to increase supplemental payments for physician practices affiliated with Type 1 hospitals. DMAS intends to revise the percent of Medicare, which represents the average commercial rate. The current percent of Medicare is 143%. The proposed percent of Medicare is 220%. Using the revised percent of Medicare will result in an increase in supplemental payments of approximately $21.8 million total funds.

This notice is intended to satisfy the requirements of 42 CFR § 447.205 and of § 1902(a)(13) of the Social Security Act, 42 USC § 1396a(a)(13). A copy of this notice is available for public review from William Lessard, Provider Reimbursement Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, and this notice is available for public review on the Regulatory Town Hall (www.townhall.com). Comments or inquiries may be submitted, in writing, within 30 days of this notice publication to Mr. Lessard and such comments are available for review at the same address.

Contact Information: William Lessard, Provider Reimbursement Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

STATE WATER CONTROL BOARD

Consent Special Order for Advanced Flooring Technologies of Virginia, Inc.

An enforcement action has been proposed for Advanced Flooring Technologies of Virginia, Inc., for alleged violations that occurred at the Forest Ridge Apartments in Richmond, Virginia. The State Water Control Board proposes to issue a consent special order to Advanced Flooring Technologies of Virginia, Inc., to address noncompliance with State Water Control Board law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Cynthia Akers will accept comments from January 2, 2012, to February 1, 2012, by email to [e-mail], FAX [phone], or postal mail sent to Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219; Telephone: Voice [phone]; FAX [phone]; 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/cmsportal3/cgi-bin/calendar.cgi.

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/cumultab.htm.

Filing Material for Publication in the Virginia Register of Regulations: Agencies are required to use the Regulation Information System (RIS) when filing regulations for publication in the Virginia Register of Regulations. The Office of the Virginia Register of Regulations implemented a web-based application called RIS for filing regulations and related items for publication in the Virginia Register. The Registrar's office has worked 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.