8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 26 Iss. 3 - October 12, 2009

GENERAL NOTICES/ERRATA

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 September 15, 2009, and September 21, 2009. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, Virginia.

Final Rules for Game Operation:

Director's Order Number Sixty-Three (09)

Virginia's Instant Game Lottery 1139; "Fuzzy Dice" Final Rules for Game Operation (effective 9/11/09)

Director's Order Number Sixty-Four (09)

Virginia's Instant Game Lottery 1143; "Hot $100,000" Final Rules for Game Operation (effective 9/11/09)

Director's Order Number Sixty-Five (09)

Virginia's Instant Game Lottery 1147; "Goin' Green" Final Rules for Game Operation (effective 9/11/09)

Director's Order Number Sixty-Six (09)

Virginia's Instant Game Lottery 1151; "100X The Money" Final Rules for Game Operation (effective 9/11/09)

Director's Order Number Sixty-Seven (09)

Virginia's Instant Game Lottery 1154; "All The Money" Final Rules for Game Operation (effective 9/11/09)

Director's Order Number Sixty-Eight (09)

Virginia Lottery's "It Pays To Play Sweepstakes" Final Rules for Game Operation (effective 9/18/09)

Director's Order Number Sixty-Nine (09)

Virginia Lottery's "3-4-5 Cash Second Chance Sweepstakes" Final Rules for Game Operation (effective 9/18/09)

Director's Order Number Seventy-One (09)

Virginia's Instant Game Lottery 1145; "Haunted Fortune" Final Rules for Game Operation (effective nunc pro tunc 9/15/09)

STATE WATER CONTROL BOARD

Public Notice – Approval of Water Quality Management Planning Actions

Notice of action: The State Water Control Board (board) is considering the approval of six total maximum daily load (TMDL) reports and nine TMDL modifications, and granting authorization to include the TMDL reports and modifications 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 six TMDL reports and nine TMDL modifications as Virginia's plans for the pollutant reductions 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: October 12, 2009, to November 10, 2009.

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

At previous meetings, 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 II (§ 2.2-4006 et seq.) 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. EPA approved all TMDL reports presented under this public notice. The approved reports can be found at https://www.deq.virginia.gov/TMDLDataSearch/ReportSearch.jspx.

Affected Waterbodies and Localities:

Potomac River & Shenandoah River Basins:

1. "Gardner, Jackson and Bonum Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Bacteria TMDLs for Occupacia Creek and Farmers Hall Creek Essex County, Virginia"

• 3 bacteria TMDLs, located in Westmoreland County, propose bacteria reductions for portions of the watershed to address VDH Shellfish Area Condemnations

2. "Fecal Coliform TMDL for Naked Creek in Augusta and Rockingham Counties, Virginia" (modification)

• 1 bacteria TMDL, located in Rockingham County, proposes bacteria reductions for portions of the watersheds to address a primary contact (swimming use) impairment

3. "Bacteria TMDL for Limestone Branch Loudoun County, Virginia" (modification)

• 1 bacteria TMDL, located in Loudoun County, proposes bacteria reductions for portions of the watersheds to address a primary contact (swimming use) impairment

In the James River Basin:

4. "Total Maximum Daily Loads for the Appomattox River Basin, Appomattox, Buckingham, Cumberland, Prince Edward, Amelia, Nottoway, Powhatan, Chesterfield, Dinwiddie, and Prince George Counties and Cities of Petersburg, Colonial Heights, and Hopewell" (modification)

• 20 bacteria TMDLs, propose bacteria reductions for portions of the watersheds to address a primary contact (swimming use) impairment

5. "Total Maximum Daily Load Development for the James River and Tributaries – Lower Piedmont Region" (modification)

• 6 bacteria TMDLs, located in Goochland and Fluvanna Counties, propose bacteria reductions for portions of the watersheds to address a primary contact (swimming use) impairment

6. "Bacterial Total Maximum Daily Load Development for the James River - Hopewell to Westover" (modification)

• 4 bacteria TMDLs, located in Charles City and Prince George Counties and City of Hopewell, propose bacteria reductions for portions of the watersheds to address a primary contact (swimming use) impairment

7. "Bacteria TMDL for Tuckahoe Creek, Little Tuckahoe Creek, Anderson, Broad, Georges and Readers Branches, and Deep Run Henrico, Goochland and Hanover Counties, Virginia" (modification)

• 6 bacteria TMDLs, propose bacteria reductions for portions of the watersheds to address a primary contact (swimming use) impairment

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

8. "Total Maximum Daily Loads of Fecal Coliform for the Restricted Shellfish Harvesting/Growing Areas of the Pocomoke River in the Lower Pocomoke River Basin and Pocomoke Sound Basin in Somerset and Worcester Counties, Maryland and Accomack County, Virginia"

• 2 bacteria TMDLs, located in Accomack County, propose bacteria reductions for portions of the watersheds to address VDH Shellfish Area Condemnations

9. "Total Maximum Daily Loads of Fecal Coliform for the Restricted Shellfish Harvesting/Growing Areas of the Pocomoke River in the Lower Pocomoke River Basin and Pocomoke Sound Basin in Somerset and Worcester Counties, Maryland and Accomack County, Virginia" (modification)

• 2 bacteria TMDLs, located in Accomack County, propose bacteria reductions for portions of the watersheds to address VDH Shellfish Area Condemnations

10. "Owens Pond, Little Taskmakers Creek, and Un-named Tributary to Chesapeake Bay (Big Fleets Pond) Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Impaired Due to Bacteria Contamination

• 3 bacteria TMDLs, located in Northumberland County, propose bacteria reductions for portions of the watersheds to address VDH Shellfish Area Condemnations

11. "TMDL Report for Chesapeake Bay Shellfish Waters: Oyster Harbor Bacterial Impairment in Northampton County, Virginia"

• 1 bacteria TMDL, located in Northampton County, proposes bacteria reductions for portions of the watersheds to address VDH Shellfish Area Condemnations

12. "TMDL for Fecal Coliform Bacteria in the Lower Piankatank River" (modification)

• 3 bacteria TMDLs, located in Middlesex County, propose bacteria reductions for portions of the watersheds to address VDH Shellfish Area Condemnations

In the Rappahannock River Basin:

13. "Bacteria TMDLs for Occupacia Creek and Farmers Hall Creek Essex County, Virginia"

• 2 bacteria TMDLs, located in Essex County, propose bacteria reductions for portions of the watersheds to address primary contact (swimming use) impairments

In the York River Basin:

14. "Total Maximum Daily Load (TMDL) Report for Poropotank River and Adams Creek"

• 2 bacteria TMDLs, located in Gloucester County, propose bacteria reductions for portions of the watersheds to address VDH Shellfish Area Condemnations

15. "Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin" (modification)

• 11 bacteria TMDLs, located in Louisa, Orange, Caroline, Hanover, King William and New Kent Counties, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments

How to comment: The 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 DEQ 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 https://www.deq.virginia.gov/TMDLDataSearch/ReportSearch.jspx 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: David S. Lazarus, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Proposed Consent Order - Gurcharan Lail

An enforcement action has been proposed for Gurcharan Lail for alleged violations at the One Stop Trailer Park Sewage Treatment Plant in Loudoun County, Virginia. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Stephanie Bellotti will accept comments by email at [e-mail], FAX [phone], or postal mail Virginia Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from October 13, 2009, to November 12, 2009.

Proposed Special Order - Hurricane Ridge Dairy Farm, Inc.

An enforcement action has been proposed for Hurricane Ridge Dairy Farm, Inc. for alleged violations occurring in Patrick County. The company had an unauthorized discharge of pollutants at the facility in violation of permit conditions Parts I.B.1 and III.R and 9VAC25-192-50 and § 62.1-44.5 A of the Code of Virginia. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Steven B. Wright will accept comments by email [e-mail], FAX [phone] or postal mail Steve Wright, Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, from October 12, 2009, to November 11, 2009.

Proposed Special Order - J. W. Holdings, Inc. and Craddock Oaks Developers, Inc.

An enforcement action has been proposed for J. W. Holdings, Inc. and Craddock Oaks Developers, Inc. at a site in Bedford County, Virginia, for alleged violations of the State Water Control Law. The proposed enforcement action requires a civil charge. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Robert Steele will accept comments by email at [e-mail], FAX [phone], or postal mail at Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, from October 12, 2009, to November 14, 2009.

Proposed Consent Order - Lakewood Partners, LLC

An enforcement action has been proposed for Lakewood Partners, LLC, for alleged violations at Lakewood Mobile Home Court in Halifax County. The proposed enforcement action contains a Schedule of Compliance that details the corrective action required and payment of a civil charge. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. G. Marvin Booth, III will accept comments by email at [e-mail], FAX [phone] or postal mail at Department of Environmental Quality, Blue Ridge Regional Office, 7705 Timberlake Road, Lynchburg, VA 24502 from October 12, 2009, to November 12, 2009.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed

Beginning with Volume 26, Issue 1 of the Virginia Register of Regulations dated September 14, 2009, the Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed will no longer be published in the Virginia Register of Regulations. The cumulative table may be accessed on the Virginia Register Online webpage 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.

The Office of the Virginia Register is working toward the eventual elimination of the requirement that agencies file print copies of regulatory packages. Until that time, agencies may file petitions for rulemaking, notices of intended regulatory actions and general notices in electronic form only; however, until further notice, agencies must continue to file print copies of proposed, final, fast-track and emergency regulatory packages.

ERRATA

STATE CORPORATION COMMISSION

Title of Regulation: 24VAC30-73. Access Management Regulations: Minor Arterials, Collectors, and Local Streets.

Publication: 26:1 VA.R. 105-116 September 14, 2009.

Correction to Final Regulation:

Statutory Authority: change to § 33.1-198.1 of the Code of Virginia.

Agency Contact: change telephone number for Paul Grasewicz to [phone]

VA.R. Doc. R09-1410

CALENDAR OF EVENTS