8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 26 Iss. 12 - February 15, 2010

GENERAL NOTICES/ERRATA

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Revised Virginia Agricultural Stewardship Act Guidelines

On November 23, 2009, the Department of Agriculture and Consumer Services published for public comment proposed revised Agricultural Stewardship Act Guidelines in the Virginia Register of Regulations (Volume 26, Issue 6, beginning at page 737). The agency received no comment on these proposed revisions. The Commissioner adopted these proposed revised Agricultural Stewardship Guidelines, which will take effect on April 1, 2010.

Contact Information: Roy E. Seward, Department of Agriculture and Consumer Services, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-3538, or email [e-mail].

DEPARTMENT OF CONSERVATION AND RECREATION

Proposed Consent Special Order - Dickens Creek Siteworks, Inc.

Purpose of notice: To seek public comment on a proposed consent special order (order) issued to Dickens Creek Sitework, Inc.

Public comment period: February 15, 2010, through March 16, 2010.

Summary of proposal: The proposed order describes a settlement between the Virginia Soil and Water Conservation Board and Dickens Creek Sitework to resolve alleged past violations of the Virginia Stormwater Management Act and regulations at The Meadows at Prince George construction site located in Prince George County. The proposed order requires payment of a $5,000 civil charge.

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 before the end of the comment period. A copy of the proposed order is available on request from the person identified directly below as the contact.

Contact for documents or additional information: Edward A. Liggett, Virginia Department of Conservation and Recreation, 900 Natural Resources Drive, Suite 800-DCR, Charlottesville, VA 22903, telephone (434) 220-9067, FAX [phone], or email [e-mail].

Contact Information: David C. Dowling, Policy, Planning, and Budget Director, Department of Conservation and Recreation, 203 Governor Street, Suite 302, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

STATE CORPORATION COMMISSION

AT RICHMOND, JANUARY 19, 2010

COMMONWEALTH OF VIRGINIA

At the relation of the                      CASE NO. BFI-2009-00344

STATE CORPORATION COMMISSION

Ex Parte: In the matter of adopting
rules for the conduct of other business
in payday lending offices

ORDER GRANTING RECONSIDERATION

On December 29, 2009, the State Corporation Commission ("Commission") entered an Order Adopting a Regulation in this matter.  On January 19, 2010, F & L Marketing Enterprises, LLC d/b/a Cash-2-U Payday Loans filed a Motion to Reconsider and to Delay the Effective Date of a Regulation until July 1, 2010.

NOW THE COMMISSION, upon consideration of this Motion, grants reconsideration for the purpose of continuing our jurisdiction over this matter and considering the merits of the above-referenced Motion.

Accordingly, IT IS ORDERED THAT:

(1) Reconsideration is granted for the purpose of continuing our jurisdiction over this matter and considering the above-referenced Motion.

(2) This matter is continued pending further order of the Commission.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to: Roy A. Hutcheson, Jr., Vice President, Title Cash of Virginia Inc., 513 Sparkman Drive, NW, Suite C, Huntsville, Alabama 35801; Patricia Dauterman, Director of Employee Development & Compliance, Approved Cash Advance Centers (Virginia), LLC d/b/a Approved Cash Advance, P.O. Box 2038, Cleveland, Tennessee 37320-2038; Carla Stone Witzel, Gordon, Feinblatt, Rothman, Hoffberger & Hollander, LLC, 233 East Redwood Street, Baltimore, Maryland 21202-3332; Jennifer Johnson, Senior Legislative Council, Center for Responsible Lending, P.O. Box 3638, Durham, North Carolina 27702-3638; James W. Speer, Executive Director, Virginia Poverty Law Center, 700 East Franklin Street, Suite 14T1, Richmond, Virginia 23219; Helen O'Beirne, Housing Opportunities Made Equal of Virginia, Inc., 700 East Franklin Street, Suite 3A, Richmond, Virginia 23219; David W. Clarke, Eckert Seamans, 707 East Main Street, Suite 1450, Richmond, Virginia 23219; Tommy Moore, Executive Vice President, Community Financial Services Association of America, 515 King Street, Suite 300, Alexandria, Virginia 22314-3137; Douglas W. Densmore, P.O. Box 40013, Roanoke, Virginia 24022-0013; Theodore F. Adams, McGuireWoods LLP, One James Center, 901 East Cary Street, Richmond, Virginia 23219-4030; and to the Commissioner of Financial Institutions, who shall mail a copy of this Order to all licensed payday lenders and other interested parties designated by the Bureau of Financial Institutions.

* * * * * * * *

AT RICHMOND, JANUARY 25, 2010

COMMONWEALTH OF VIRGINIA

At the relation of the                      CASE NO. BFI-2009-00344

STATE CORPORATION COMMISSION

Ex Parte: In the matter of adopting
rules for the conduct of other business
in payday lending offices

ORDER ON RECONSIDERATION

On December 29, 2009, the State Corporation Commission ("Commission") issued an Order Adopting a Regulation in this matter. Thereafter, on January 19, 2010, F & L Marketing Enterprises, LLC d/b/a Cash-2-U Payday Loans ("F & L Marketing Enterprises") filed a Motion to Reconsider and to Delay the Effective Date of a Regulation until July 1, 2010 ("Motion"). In its Motion, F & L Marketing Enterprises requested that the Commission reconsider and delay the effective date of the amended regulation until July 1, 2010. In support of its Motion, F & L Marketing Enterprises stated that the February 1, 2010, effective date (i) does not leave adequate time for affected parties to implement the required changes affecting motor vehicle title lending in an orderly manner, and (ii) will result in a disruption of motor vehicle title loan services available to customers. On January 19, 2010, the Commission issued an Order Granting Reconsideration for the purpose of continuing our jurisdiction over this matter and considering the merits of the Motion.

NOW THE COMMISSION, upon consideration of the Motion and the record in this proceeding, is of the opinion and finds that companies currently engaged in open-end auto title lending business from one or more payday lending offices pursuant to a prior Commission approval order should be given some additional time to comply with the two additional conditions set forth in subdivisions F 6 and F 7 of 10 VAC 5-200-100. However, we are not persuaded by the Motion or the affidavit that was attached thereto that F & L Marketing Enterprises needs an additional five months to implement these two conditions.  Furthermore, we do not believe that it is either necessary or appropriate to extend the effective date of the amended regulation, which would impact a multitude of other provisions that are unrelated to auto title lending, in order to accommodate the concerns raised in the Motion. Accordingly, we believe it is reasonable and in the public interest to give licensees and third parties who are currently offering open-end auto title loans from payday lending offices pursuant to a prior Commission approval order until March 1, 2010, to comply with the conditions set forth in subdivisions F 6 and F 7 of 10 VAC 5-200-100.

Accordingly, IT IS ORDERED THAT:

F & L Marketing Enterprises' Motion is granted in part. The effective date of the amended regulation shall remain February 1, 2010, but licensees and third parties who are currently offering open-end auto title loans from payday lending offices pursuant to a prior Commission approval order shall have until March 1, 2010, to comply with the conditions set forth in subdivisions F 6 and F 7 of 10 VAC 5-200-100.

(1) This case is dismissed.

(2) The papers filed herein shall be placed in the file for ended causes.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to: Roy A. Hutcheson, Jr., Vice President, Title Cash of Virginia Inc., 513 Sparkman Drive, N.W., Suite C, Huntsville, Alabama 35801; Patricia Dauterman, Director of Employee Development & Compliance, Approved Cash Advance Centers (Virginia), LLC d/b/a Approved Cash Advance, P.O. Box 2038, Cleveland, Tennessee 37320-2038; Carla Stone Witzel, Gordon, Feinblatt, Rothman, Hoffberger & Hollander, LLC, 233 East Redwood Street, Baltimore, Maryland 21202-3332; Jennifer Johnson, Senior Legislative Council, Center for Responsible Lending, P.O. Box 3638, Durham, North Carolina 27702-3638; James W. Speer, Executive Director, Virginia Poverty Law Center, 700 East Franklin Street, Suite 14T1, Richmond, Virginia 23219; Helen O'Beirne, Housing Opportunities Made Equal of Virginia, Inc., 700 East Franklin Street, Suite 3A, Richmond, Virginia 23219; David W. Clarke, Eckert Seamans, 707 East Main Street, Suite 1450, Richmond, Virginia 23219; Tommy Moore, Executive Vice President, Community Financial Services Association of America, 515 King Street, Suite 300, Alexandria, Virginia 22314-3137; Douglas W. Densmore, P.O. Box 40013, Roanoke, Virginia 24022-0013; Theodore F. Adams, McGuireWoods LLP, One James Center, 901 East Cary Street, Richmond, Virginia 23219-4030; and to the Commissioner of Financial Institutions, who shall mail a copy of this Order to all licensed payday lenders and other interested parties designated by the Bureau of Financial Institutions.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Consent Special Order for Glenwood South, L.L.C.

An enforcement action has been proposed for Glenwood South, L.L.C., for alleged violations in Virginia Beach, Virginia. A consent order describes a settlement to resolve unpermitted wetland impacts that occurred on Flyfisher Court in the Indian River Road Subdivision. The order requires corrective action and payment of a civil charge. A description of the proposed order is available at the DEQ office named below or online at www.deq.virginia.gov. Daniel J. Van Orman 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 February 15, 2010, to March 17, 2010.

Proposed Consent Special Order for Summit Development Company, L.L.C.

An enforcement action has been proposed for Summit Development Company, L.L.C., for violations in the City of Radford, Virginia. The Special Order by Consent will address and resolve violations of environmental law and regulations. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Jerry Ford, Jr. will accept comments by email at [e-mail] or postal mail at Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, from February 16, 2010, to March 17, 2010.

Notice of Draft Report of Study to Restore Water Quality for Portions of Assamoosick Swamp

Public meetings: A public meeting will be held on Thursday, March 4, 2010, at 2 p.m. at the Newsome Human Services Building located at 20103 Princeton Road, Sussex, VA 23884.

Purpose of notice: The Virginia Department of Environmental Quality and the Department of Conservation and Recreation are announcing the draft report of a study to restore water quality for portions of Assamoosick Swamp, unnamed tributary to Assamoosick Swamp, Seacorrie, unnamed tributary to Seacorrie Swamp, Black Swamp, and German Swamp located within Sussex and Southampton Counties. This notice also announces the final public meeting and a public comment opportunity. The draft report will be available on DEQ's website the day of the meetings at https://www.deq.virginia.gov/TMDLDataSearch/DraftReports.jspx.

Meeting description: Final public meetings on a study to restore the recreational use areas of portions of Assamoosick Swamp and tributaries (mentioned above) that are impaired due to bacterial violations.

Description of study: Virginia agencies have been working to identify sources of bacterial contamination of portions of the Assamoosick Swamp and its tributaries. These impairements span approximately 34 river miles. These waterways are impaired for failure to meet the recreational (swimming) designated use due to exceedances of the bacterial water quality standard.

Waterbody	Location	Impaired Length (mi)	Impairment
Assamoosick Swamp	Sussex	15.76	Recreational  Use (Swimming)
Tributary to Assamoosick Swamp	Southampton	2.06
Seacorrie Swamp	Sussex	6.91
Tributary to Seacorrie Swamp	Sussex	1.46
German Swamp	Sussex	3.65
Black Swamp	Sussex	3.76
Total Impaired Length		33.60

The draft study reports on the current status of the waterbodies via sampling performed by the Virginia Department of Environmental Quality and the possible sources of bacterial contamination. The study recommends total maximum daily loads (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, bacteria 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 DEQ during the comment period that expires April 3, 2010.

Contact for additional information: Margaret Smigo, TMDL Coordinator, Department of Environmental Quality, Piedmont Regional Office, 4949A Cox Road, Glen Allen, VA 23060, telephone [phone], FAX [phone], or email [e-mail].

Notice of Draft Report of Study to Restore Water Quality for Blackwater Swamp, Blackwater River, Tributary to Coppahaunk Swamp, Warwick Swamp, Second Swamp, and Otterdam Swamp

Public meetings: Public meetings will be held on Wednesday, March 3, 2010, at 2 p.m. and 6 p.m. at the Appomattox Regional Library (in the HMA Room) located at 209 East Cawson Street in Hopewell, VA 23860.

Purpose of notice: The Virginia Department of Environmental Quality and the Department of Conservation and Recreation are announcing the draft report of a study to restore water quality for portions of Blackwater Swamp, Blackwater River, tributary to Coppahaunk Swamp, Warwick Swamp, Second Swamp, and Otterdam Swamp located within the City of Petersburg, and Prince George, Dinwiddie, Surry, and Sussex Counties. This notice announces the draft report, final public meetings for the study, and a public comment opportunity. The draft report will be available on DEQ's website the day of the meetings at https://www.deq.virginia.gov/TMDLDataSearch/DraftReports.jspx.

Meeting description: Final public meetings on a study to restore the recreational use areas of portions of the Blackwater and its tributaries (mentioned above) that are impaired due to bacterial violations.

Description of study: Virginia agencies have been working to identify sources of bacterial contamination of portions of the Blackwater and its tributaries. These impairements span approximately 82 river miles.  These waterways are impaired for failure to meet the recreational use due to exceedances of the bacterial water quality standard.

Waterbody	Location	Impaired Length (miles)	Impairment
Blackwater Swamp	Petersburg, Prince George, Surry, Sussex	22.53	Recreational Use (Swimming)
Blackwater River	Sussex, Surry	24.59
Warwick Swamp	Dinwiddie, Prince George	12.89
Second Swamp	Petersburg, Prince George	15.24
Otterdam Swamp	Surry	5.57
Tributary to Coppahaunk Swamp	Sussex	0.89
Total Impairment Length		81.71

The draft study reports on the current status of the waterbodies via sampling performed by the Virginia Department of Environmental Quality and the possible sources of bacterial contamination. The study recommends total maximum daily loads (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, bacteria 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 DEQ during the comment period that expires April 2, 2010.

Contact for additional information: Margaret Smigo, TMDL Coordinator, Department of Environmental Quality, Piedmont Regional Office, 4949A Cox Road, Glen Allen, VA 23060, telephone [phone], FAX [phone], or email [e-mail].

Notice to Discuss a Study to Restore Water Quality for Jackson River Watershed

Public meeting: Alleghany County Governmental Complex, Board of Supervisors Room, 9212 Winterberry Avenue, located near Low Moor, VA, on Thursday, March 4, 2010, from 6:30 p.m. to 8:30 p.m.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) announces a public meeting to discuss a study to restore water quality in the Jackson River watershed.

Description of study: Virginia agencies have been working to identify sources of pollution causing low dissolved oxygen levels and biological impairment (general standard) in the Jackson River watershed. Dissolved oxygen levels periodically fall below the minimum water quality standard, which decreases the suitability of the water to support aquatic life. The general standard violation means that water quality does not support a natural aquatic community.

The following is a list of the "impaired" waters, the length of the impaired segment, their location, and the reason for the impairment: Jackson River (I04R–11.21 miles), Alleghany, Botetourt, Covington, dissolved oxygen; Jackson River (I04R–24.21 miles), Alleghany, Botetourt, Covington, aquatic life.

During the study, the state agencies developed a Total Maximum Daily Load (TMDL) 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 close of business on April 5, 2010. DEQ also accepts written and oral comments at the public meeting announced in this notice.

Contact for additional information: Jason R. Hill, Virginia Department of Environmental Quality, West Central Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, telephone [phone], FAX [phone], or email [e-mail]. Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

Notice of Draft Report of Study to Restore Water Quality for Lower Mattaponi and Lower Pamunkey Rivers

Public meeting: March 2, 2010, at the West Point Downtown Business Center, 621 Main Street, West Point, VA 23181. An afternoon public meeting will be held at 2 p.m. and the evening public meeting at 6 p.m.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation are announcing the draft report of a study to restore water quality for a shellfish growing area and recreational use areas, as well as a public comment opportunity and two public meetings. The draft report will be available on DEQ's website the day of the meetings at https://www.deq.virginia.gov/TMDLDataSearch/DraftReports.jspx.

Meeting description: Final public meetings on a study to restore the recreational use areas of the Lower Mattaponi and Lower Pamunkey Rivers and the recreational use and shellfish growing area of the Upper York River near West Point. These waterways are impaired due to bacterial violations.

List of Shellfish Waterbodies Requiring TMDL Development
Cause Group Code	Shellfish Condemnation Area	Waterbody Name	Impairment	Estuary Area (mi2)
F26E-20-SF	049-004A (08/25/2005)	York River	Fecal Coliform	7.218

List of Recreation Waterbodies Requiring TMDL Development
Cause Group Code	Waterbody Name	Impairment	Estuary Area (mi2)
F26E-05-BAC	York River	Enterococcus	6.966
F14E-03-BAC	Pamunkey River	Enterococcus	4.368
F25E-01-BAC	Mattaponi River	Enterococcus	2.535
		Total	13.899

Description of study: Virginia agencies have been working to identify sources of the bacterial contamination of the Lower Mattaponi and Lower Pamunkey Rivers and the recreational use and shellfish growing area of the Upper York River near West Point. All impairments lie within portions of King and Queen, King William, and New Kent Counties. These streams are impaired for failure to meet the designated use of shellfish consumption or recreational use because of bacterial water quality standard violations.

The draft study reports the current status of the waterbodies via sampling performed by the Virginia Department of Health, Division of Shellfish Sanitation, and DEQ, and the possible sources of bacterial contamination. The study recommends total maximum daily loads (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 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 DEQ during the comment period that expires on April 1, 2010.

Contact for additional information: Margaret Smigo, TMDL Coordinator, Department of Environmental Quality, Piedmont Regional Office, 4949A Cox Road, Glen Allen, VA 23060, telephone [phone], FAX [phone], or email [e-mail].

Total Maximum Daily Load Studies for Chuckatuck Creek, Kings Creek, and Ballard Marsh Creek in Isle of Wight and Suffolk Counties

The Virginia Department of Environmental Quality (DEQ) will host a public meeting on water quality studies for Chuckatuck Creek, Kings Creek, and Ballard Marsh Creek located in Isle of Wight and Suffolk Counties on Wednesday, February 24, 2010.

The meeting will start at 2 p.m. at the City of Suffolk Public Works Conference Room located at 440 Market Street, 2nd Floor, Suffolk VA. The purpose of the meeting is to provide information and discuss the final study with interested local community members and local government.

Chuckatuck Creek (VAT-G11E-16) was identified in Virginia's 1998 § 303(d) TMDL Priority List and Report as impaired for not supporting the shellfishing use. The impairment is based on the shellfish harvesting condemnation of Growing Area 62 (062-080) imposed by the Virginia Department of Health, Division of Shellfish Sanitation.

Kings and Ballard Marsh Creeks (VAT-G11E-17) were also identified in Virginia's 1998 § 303(d) TMDL Priority List and Report as impaired for not supporting the shellfishing use. The impairment is based on the shellfish harvesting condemnation of Growing Area 62 (062-164) imposed by the Virginia Department of Health, Division of Shellfish Sanitation.

Section 303(d) of the federal 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 each 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 February 25, 2010, to March 26, 2010. For additional information or to submit comments, contact Jennifer Howell, Virginia Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone [phone], or email [e-mail].

Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

Total Maximum Daily Load Study for the Elizabeth River and Several Tributaries

The Virginia Department of Environmental Quality will host a public meeting on a water quality study for the Elizabeth River mainstem, branches, and several tributaries, on Tuesday, February 23, 2010.

The meeting will start at 7 p.m. in the Hampton Roads Planning District Commission Board Room located at 723 Woodlake Drive, Chesapeake, VA. The purpose of the study will be to review sources of bacteria identified in the watershed and to present the reductions in bacteria loadings needed to allow streams in the watershed to meet water quality goals.

The affected streams were identified in Virginia's 1998 § 303(d) TMDL Priority List and Report and Virginia's 2002 § 303(d) Report on Impaired Waters as impaired due to violations of Virginia's water quality standards for fecal coliform bacteria. These streams are therefore not supporting the primary contact recreation (swimmable) designated use. The impairments include the Mainstem, Eastern Branch, Southern Branch, Western Branch, Lafayette River, Broad Creek, Indian River, and Paradise Creek.

Section 303(d) of the federal 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 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, pollutant levels have to be reduced to the TMDL amount.

The public comment period on materials presented at this meeting will extend from February 24, 2010, to March 25, 2010. For additional information or to submit comments, contact Jennifer Howell, Virginia Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone [phone], or email [e-mail].

Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

Total Maximum Daily Load Study for Lawnes Creek in Isle of Wight and Surry Counties

The Virginia Department of Environmental Quality (DEQ) will host a public meeting on a water quality study for Lawnes Creek, located in both Isle of Wight and Surry Counties, on Wednesday, February 17, 2010.

The meeting will start at 7:30 p.m. in the Blackwater Regional Library, Smithfield Branch located at 255 James St., Smithfield, VA. The purpose of the meeting is to provide information and discuss the study with interested local community members and local government.

Lawnes Creek (VAT-G11E-14) was identified in Virginia's 1998 § 303(d) TMDL Priority List and Report as impaired for not supporting the shellfishing use. The impairment is based on the shellfish harvesting condemnation of Growing Area 60-206 imposed by the Virginia Department of Health, Division of Shellfish Sanitation.

Section 303(d) of the federal 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 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, pollutant levels have to be reduced to the TMDL amount.

The public comment period on materials presented at this meeting will extend from February 18, 2010, through March 19, 2010. For additional information or to submit comments, contact Jennifer Howell, Virginia Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone [phone], or email [e-mail].

Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

Total Maximum Daily Load Study for Pettit Branch, Accomack County

The Virginia Department of Environmental Quality (DEQ) will host a public meeting on a water quality study for Pettit Branch, located in Accomack County, on Tuesday, February 23, 2010.

The meeting will start at 1 p.m. in the Accomack-Northampton Planning District Commission office located at 23372 Front Street, Accomac, Virginia. The purpose of the meeting is to provide information and discuss the study with interested local community members and local government.

Pettit Branch (VAT-D02R-01) was identified in Virginia's 1998 § 303(d) TMDL Priority List and Report as impaired for not supporting the aquatic life use. The impairment is based on biological monitoring data of the stream's benthic community. Virginia agencies are working to identify the stressors that are affecting the benthic communities in this creek.

Section 303(d) of the federal 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 February 24, 2010, through March 25, 2010. For additional information or to submit comments, contact Jennifer Howell, Virginia Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone [phone], or email [e-mail].

Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

Extension of Public Comment Period for Draft Total Maximum Daily Load for Powell River including the North Fork Powell River, the South Fork Powell River, Butcher Fork, Wallen Creek, Bailey's Trace, Ely Creek, Gin Creek, Lick Branch, Puckett Creek, and Stone Creek in Lee and Wise Counties, Virginia

Purpose of notice: To extend the public comment period for the draft report for the Powell River and tributaries in southwest Virginia.

Description of study: The Department of Environmental Quality (DEQ) has identified sources of pollutants affecting the aquatic organisms and sources of bacteria contamination in the waters of the Powell River including the North Fork Powell River, the South Fork Powell River, Butcher Fork, Wallen Creek, Bailey's Trace, Ely Creek, Gin Creek, Lick Branch, Puckett Creek, and Stone Creek in Lee and Wise Counties, Virginia. The stream is impaired for failing to meet the aquatic life use based on violations of the general standard for aquatic organisms and failure to meet the recreational use because of fecal coliform bacteria violations, as well as violating of the E. coli standard.

The draft study identifies the pollutants impairing the aquatic community and total maximum daily loads (TMDLs), have been developed for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. DEQ also determined the sources of bacteria contamination and developed a TMDL for bacteria. To restore water quality, contamination levels must be reduced to the TMDL amount.

How a decision is made: The development of a TMDL includes public meetings and a public comment period once the study report is drafted. After public comments have been considered and addressed, DEQ will submit the TMDL report to the U.S. Environmental Protection Agency for approval.

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 DEQ during the comment period, January 29, 2010, to March 15, 2010. DEQ also accepts written and oral comments at the public meeting announced in this notice.

To review the draft TMDL report: The draft TMDL report on the impaired waters is available from the contact below or on the DEQ website at www.deq.virginia.gov/tmdl.

Contact for additional information: Shelley Williams, Regional TMDL Coordinator, Department of Environmental Quality, Southwest Regional Office, 355 Deadmore Street, P.O. Box 1688, Abingdon, VA 24212-1688, telephone [phone], FAX [phone], or email [e-mail].

Total Maximum Daily Load for Spout Run Watershed in Clarke County

The Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation (DCR) seek written and oral comments from interested persons on the development of Total Maximum Daily Loads (TMDLs) for the Spout Run watershed in Clarke County. Spout Run was listed on the 1998 § 303(d) TMDL Priority List and Report as impaired due to violations of the state's water quality standard for bacteria and violations of the state's general (benthic) standard for aquatic life. The benthic and bacteria impairments on the South Fork Shenandoah extend for 3.7 miles from the confluence of Page Brook and Roseville Run downstream to the confluence with the Shenandoah River. In addition, Page Brook was listed on the 2004 § 303(d) TMDL Priority List and Report as impaired due to violations of the state's water quality standard for bacteria. This impairment extends for 8.78 miles from the headwaters downstream to the confluence with Roseville Run.

Section 303(d) of the federal 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.

The final public meeting on the development of these TMDLs will be held on Wednesday February 24, 2010, 7 p.m. at the Boyce Fire Hall, 1 South Greenway Ave., Boyce, VA. The TMDL document will be available on the DEQ website the day of the meeting for public comment and review: https://www.deq.virginia.gov/TMDLDataSearch/DraftReports.jspx.

The public comment period for the final public meeting and TMDL document will end on March 29, 2010, at 11:59 p.m. 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, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7870, FAX [phone], or email [e-mail].

Public Comment Period on Updates to Enforceable Policies of the Virginia Coastal Resources Management Program

Notice of intended action: This public notice is to inform interested parties of the Virginia Coastal Zone Management Program's intention to update the enforceable polices incorporated into the program and to invite the public to comment on this change.

Purpose of the notice: The Coastal Zone Management Act (15 CFR § 923.84) requires state Coastal Zone Management Programs to formally incorporate changes made to the laws and policies that are used for federal consistency. The changes discussed here have already been made to each statute and regulation; the purpose of this action is to incorporate these changes into the Virginia Coastal Zone Management Program. These changes are considered to be routine program changes, and therefore do not significantly affect the (i) uses subject to management; (ii) special management areas; (iii) boundaries; (iv) authorities and organization; or (v) coordination, public involvement, and national interest components of the Virginia Coastal Zone Management Program. Upon concurrence by the National Oceanic and Atmospheric Administration (NOAA), the policies discussed below will be incorporated into the program.

Public Comment Period: January 22, 2010, to February 16, 2010.

How to comment: Comments on these proposed changes should be submitted in writing directly to the National Oceanic and Atmospheric Administration by February 16, 2010, at the following address: John King, NOAA, SSMC4, N/ORM3, 1305 East West Highway, Silver Spring, MD 20910.

If paper copies are required of any of the documents provided in PDF format above, please contact April Bahen as indicated in the contact information listed directly below.

Contact Information: April Bahen, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone [phone], or email [e-mail].

Additional information is available at: http://www.deq.virginia.gov/coastal/pubnotice.html.

Virginia Coastal and Estuarine Land Conservation Program (CELCP) Funding Opportunity FY 2011

State program name: Virginia Coastal Zone Management (CZM) Program.

Federal funding source: Office of Ocean and Coastal Resource Management (OCRM), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce.

Application deadline: Applications must be received electronically by March 1, 2010. Email applications to Beth Polak at the Virginia CZM Program at [e-mail].

Funding opportunity description: The purpose of this announcement is to advise eligible applicants (requirements described below) that the Virginia CZM Program is soliciting coastal and estuarine land conservation (acquisitions or easements) project proposals for competitive funding under the CELCP. Funding is contingent upon the availability of FY 2011 federal appropriations. It is anticipated that projects funded under this announcement will have a grant start date between June 1, 2011, and October 1, 2011.

Program Objectives: The Coastal and Estuarine Land Conservation Program (CELCP) was authorized "for the purposes of protecting important coastal and estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values, or that are threatened by conversion from their natural, undeveloped, or recreational state to other uses." This announcement solicits proposals for land acquisition projects (fee simple interest or conservation easements) that can be completed within 18 months from the start date of the award (anticipated between June 1, 2011, and October 1, 2011) and that have the purpose of protecting important coastal and estuarine areas. NOAA may extend the performance period for project grants up to an additional 18 months (for a maximum total performance period of three years) if circumstances warrant and if progress on the project is being demonstrated.

Eligible Projects: In order to be eligible to compete, a project must:

1. Be located in a coastal and estuarine area included within the Coastal Zone boundary, as identified in the Virginia CELCP plan;

2. Match federal CELCP funds with non-federal funds at a ratio of 1:1;

3. Be held in public ownership by the grant recipient (please note: If the grant recipient is a state agency that does not have authority to hold title to lands, the property may be held by another state agency that has the authority and mission to own and manage land for conservation purposes in a manner consistent with CELCP.  If the project includes lands being contributed as in-kind match, the match properties may be held either in public ownership or by a qualified nongovernmental organization);

4. Provide conservation in perpetuity;

5. Provide for public access or other public benefit, as appropriate and consistent with resource protection;

6. Be consistent with Virginia's CZM Program approved under the Coastal Zone Management Act (CZMA);

7. Be acquired from a willing seller; and

8. Complement working waterfront needs, to the extent practicable.

To meet the CELCP's national criteria, projects should:

1. Protect important coastal and estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values, or that are threatened by conversion from their natural, undeveloped, or recreational state to other uses;

2. Give priority to lands that can be effectively managed and protected, have significant ecological value, have a demonstrated need for protection, and have the ability to successfully leverage funds; and  

3. Directly advance the goals, objectives, and implementation of the Virginia CELCP plan, which necessarily includes goals and objectives that relate to the coastal management plan or program, NERR management plans approved under the CZMA, national objectives of the CZMA, or a regional or state watershed protection plan for states and territories with approved coastal management plans.

For complete information regarding the Virginia CELCP application process visit the Virginia Coastal Zone Management Program website http://www.deq.virginia.gov/coastal/celcp.html or contact Beth Polak, Coastal Planner, Virginia CZM Program, telephone (804) 698-4260, or email [e-mail].

BOARD OF HOUSING AND COMMUNITY DEVELOPMENT

Building and Fire Regulation Change Proposals

The Virginia Board of Housing and Community Development (board) seeks written comment from interested persons on proposals received in response to proposed regulations published on September 28, 2009, in Volume 26, Issue 2 of the Virginia Register for the Virginia Uniform Statewide Building Code, the Virginia Statewide Fire Prevention Code, the Virginia Industrialized Building Safety Regulations, and the Virginia Amusement Device Regulations.

The board has developed a "compilation document" containing all proposed changes and supporting documentation received during the comment period on the proposed regulations. The compilation document is available on the Department of Housing and Community Development's website at http://www.dhcd.virginia.gov/StateBuildingCodesandRegulations/2009CodeChangeCycle.htm.

Comments on code change proposals will be received through March 22, 2010, and should be submitted to Paula Eubank, Associate Director of Technical Assistance Services Office (TASO), Department of Housing and Community Development, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone [phone], FAX [phone] or email [e-mail]. For additional information or assistance in obtaining the compilation document, please contact the department's Division of Building and Fire Regulation at [phone].

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 January 18, 2010, and January 26, 2010. 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.

Final Rules for Game Operation:

Director's Order Number Three (10)

Virginia's Instant Game Lottery 1162; "Casino Doubler" Final Rules for Game Operation (effective 1/14/10)

Director's Order Number Four (10)

Virginia's Instant Game Lottery 1101; "Bingo Tripler" Final Rules for Game Operation (effective 1/14/10)

Director's Order Number Five (10)

Virginia's Instant Game Lottery 1164; "Hit $1,000" Final Rules for Game Operation (effective 1/14/10)

Director's Order Number Six (10)

Virginia's Instant Game Lottery 1167; "IGT Slots" Final Rules for Game Operation (effective 1/14/10)

Director's Order Number Seven (10)

Virginia's Instant Game Lottery 1169; "American Idol" Final Rules for Game Operation (effective 1/14/10)

Director's Order Number Eight (10)

Virginia's Instant Game Lottery 1171; "Super Lucky 8's" Final Rules for Game Operation (effective 1/14/10)

Director's Order Number Nine (10)

Virginia's Instant Game Lottery 1172; "$100,000 Payout" Final Rules for Game Operation (effective 1/14/10)

Director's Order Number Eleven (10)

Virginia Lottery's "American Idol ^TM Sweepstakes" Final Rules for Game Operation (effective 1/25/10)

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

DEPARTMENT OF GENERAL SERVICES

Title of Regulation: 1VAC30-40. Regulations for the Certification of Laboratories Analyzing Drinking Water.

Publication: 26:9 VA.R. 1188-1209 January 4, 2010.

Correction to Final Regulation:

Page 1191, 1VAC30-40-240 A, the cross reference to "1VAC30-40-85 B 6 for secondary maximum contaminant levels" was unintentionally omitted from the end of subsection A. The text should read:

"A. Laboratories shall meet the sampling and analytical methodology requirements incorporated by reference at 1VAC30-40-85 B 1 for primary inorganic contaminants, 1VAC30-40-85 B 2 for primary organic contaminants, 1VAC30-40-85 B 5 for alternative testing methods, and 1VAC30-40-85 B 6 for secondary maximum contaminant levels."

VA.R. Doc. No. R10-2189; Filed January 25, 2010.

STATE WATER CONTROL BOARD

Title of Regulation: 9VAC25-260. Water Quality Standards.

Publication: 25:12 VA.R. 2133-2247 February 16, 2009.

Correction to Final Regulation:

Page 2147, 9VAC25-260-140, subsection B, Table of Parameters, row 3, after "Diazinon" insert "(μg/l)"

Page 2208, 9VAC25-260-430, SEC. 12a, fourth row from bottom should read:

[ *** ]

[ hh ]

[ Hays Creek from its confluence with the Maury River to Brownsburg (9.5 miles). ]

VA.R. Doc. No. R06-344; Filed January 26, 2010, 1:56 p.m.