8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 25 Iss. 17 - April 27, 2009

GENERAL NOTICES/ERRATA

DEPARTMENT OF ENVIRONMENTAL QUALITY

Total Maximum Daily Load - Augusta County

Purpose of notice: To seek public comment on an amendment of a total maximum daily load (TMDL) of a water body in Augusta County, Virginia, from the Department of Environmental Quality.

First Public Notice Issue Date: April 27, 2009.

Public comment period: 30 days following first public notice issue date.

Amendment to Naked Creek TMDL: A total maximum daily load (TMDL) has been developed for bacteria to address recreational uses in Naked Creek. This TMDL was approved by the Environmental Protection Agency on May 21, 2002, and can be found at the following website: http://www.deq.virginia.gov/tmdl/apptmdls/shenrvr/nkdcreek.pdf. The Department of Environmental Quality (DEQ) proposes to amend the TMDL to accommodate an error that was found in the original TMDL model files used to model Naked Creek’s water quality calibration and subsequent TMDL allocations.  The revised TMDL will be changed to 48207 x 109 cfu/100ml, which as a lower number reflects the correct larger drainage area and watershed inputs into the stream.  The revised allocation scenarios require a reduction of 100% from cattle direct deposit, 55% from wildlife direct deposit, 100% from straight-pipes, 97% from pasture loads, and 97% from residential areas.  Updating the allocations and stated sections in the Naked Creek bacteria TMDL in accordance with this memo will protect and preserve water quality because they will replace the original and incorrect TMDL.  Downstream TMDLs will not be affected because they were modeled assuming all input tributaries were achieving water quality standards.  This uses a concentration input, not a load input, and thus will be unaffected by the Naked Creek TMDL revision.

How to comment and/or request a public meeting: DEQ accepts comments and requests for public meeting by email, fax or postal mail. All comments and requests must be in writing and be received by DEQ during the comment period. Submittals must include the names, mailing addresses and telephone numbers of the commenter/requester and of all persons represented by the commenter/requester. A request for public meeting must also include: (i) the reason why a public meeting is requested; (ii) a brief, informal statement regarding the nature and extent of the interest of the requester or of those represented by the requestor, including how and to what extent such interest would be directly and adversely affected by the permit; and (iii) specific references, where possible, to terms and conditions of the permit with suggested revisions. DEQ may hold a public meeting, including another comment period, if public response is significant and there are substantial, disputed issues relevant to the permit.  This public comment period will conclude 30 days following the first public notice issue date, on May 25, 2009.

Contact for public comments, document requests and additional information: Tara Sieber, Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7870, FAX [phone], or email [e-mail].

Total Maximum Daily Load Studies in Mill Creek and Oyster Harbor, Northampton County

The Department of Environmental Quality (DEQ) will host a public meeting on water quality studies for Mill Creek and Oyster Harbor, both located in Northampton County, on Thursday, April 30, 2009.

The meeting will start at 6:30 p.m. in the Kiptopeke Elementary School Library located at 24023 Fairview Road, Cape Charles. The purpose of the meeting is to provide information and discuss the study with interested local community members and local government.

Mill Creek (VAT-D06R-01) was identified in Virginia’s 1998 303(d) TMDL Priority List and Report as impaired for not supporting the aquatic life use.  The impairments are based on water quality monitoring data reports of sufficient exceedances of Virginia’s water quality standard for dissolved oxygen.  Oyster Harbor (VAT-D05E-10) 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 94 imposed by the Virginia Department of Health-Division of Shellfish Sanitation.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia’s 303(d) TMDL Priority List and Report and subsequent Water Quality Assessment Reports.

During the study, DEQ will develop 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, pollutant levels have to be reduced to the TMDL amount.

The public comment period on materials presented at this meeting will extend from April 30, 2009, to May 29, 2009. For additional information or to submit comments, contact Jennifer Howell, 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 Developed for Tuckahoe Creek, Little Tuckahoe Creek, Anderson, Broad, Georges and Readers Branches, and Deep Run

Notice is hereby given that the Department of Environmental Quality seeks comment on proposed modifications to the bacteria total maximum daily load (TMDL) developed for Tuckahoe Creek, Little Tuckahoe Creek, Anderson, Broad, Georges and Readers Branches, and Deep Run located in Henrico, Goochland and Hanover Counties, Virginia. A total maximum daily load of E. coli was developed to address the bacterial impairments in Tuckahoe Creek, Little Tuckahoe Creek, Anderson, Broad, Georges and Readers Branches, and Deep Run located in Henrico, Goochland and Hanover Counties. This TMDL was approved by the Environmental Protection Agency on September 20, 2004, and can be found at the following website: http://www.deq.virginia.gov/tmdl/apptmdls/jamesrvr/tuckcr.pdf.

The Department of Environmental Quality (DEQ) seeks written comments from interested persons on the minor modification of this TMDL.  Richmond Country Club Waste Water Treatment Plant (VPDES Permit #0063649) is a municipal minor facility which discharges to an unnamed tributary of Tuckahoe Creek. This facility should have an assigned waste load allocation (WLA) in the TMDL based on the design flow of 0.0036 MGD. Therefore, DEQ proposes the following changes to the report:

· Add Richmond Country Club WWTP to the TMDL as a facility permitted for control of fecal coliform in the text of the TMDL report.

· Assign the facility a WLA of 6.27E+09 in Table 7, page 20, of the TMDL report.

For the bacterial TMDL, the proposed WLA addition will neither cause nor contribute to the nonattainment of the Tuckahoe Creek Basin.  The addition of the Richmond Country Club WWTP WLA does not affect the total TMDL amount (0.06% increase).

The public comment period for this modification will end May 30, 2009 (this end-date is an extension of the one previously announced). Please include the name, address, and telephone number of the person submitting comments or questions and send to Margaret Smigo, Department of Environmental Quality, Piedmont Regional Office, 4969-A Cox Road, Glen Allen, VA 23060, telephone [phone] or email [e-mail].

Restore Water Quality - Totuskey Creek and Richardson Creek

Public meeting: May 6, 2009, at the Richmond County YMCA, 13027 History Land Highway, Warsaw, VA 22572. An afternoon public meeting will be held from 2 p.m. to 4 p.m. and the evening public meeting from 6 p.m. to 8 p.m.

Purpose of notice: The Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation are announcing a study to restore water quality for a shellfish growing area, a public comment opportunity, and two public meetings.

Meeting description: First public meetings on a study to restore water quality for shellfish growing areas along Totuskey Creek and Richardson Creek, which are impaired due to bacterial violations.

Description of study: Virginia agencies are working to identify sources of the bacterial contamination in the shellfish growing waters of (tidal) Totuskey and Richardson Creeks including their tributaries. These condemnations are in Richmond County.  These streams are impaired for failure to meet the designated use of shellfish consumption because of bacterial water quality standard violations.

The study reports the current status of the creeks via sampling performed by the Department of Health - Division of Shellfish Sanitation (VDH-DSS) shellfish area condemnations and the possible sources of bacterial contamination. The study recommends 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, 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, which will expire on June 5, 2009. DEQ also accepts written and oral comments at the public meeting announced in this notice.

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].

COMMISSION ON LOCAL GOVERNMENT

Schedule for the Assessment of State and Federal Mandates on Local Governments

Pursuant to the provisions of §§ 2.2-613 and 15.2-2903(6) of the Code of Virginia, the following schedule, established by the Commission on Local Government and approved by the Secretary of Commerce and Trade and Governor Kaine, represents the timetable that the listed executive agencies will follow in conducting their assessments of certain state and federal mandates that they administer on local governments. 

Such mandates are either new (in effect for at least 24 months) or newly identified.  In conducting these assessments, agencies will follow the process established by Executive Order 58, which became effective October 11, 2007, succeeding Executive Memorandum 1-98.  These mandates are abstracted in the Catalog of State and Federal Mandates on Local Governments published by the Commission on Local Government.

For further information contact Matthew G. Bolster, Senior Policy Analyst, Commission on Local Government (email [e-mail] or telephone [phone]) or visit the commission's website at www.dhcd.virginia.gov.

STATE AND FEDERAL MANDATES ON LOCAL GOVERNMENTS

Approved Schedule of Assessment Periods – July 2009 through June 2010

For Executive Agency Assessment of Cataloged Mandates

AGENCY		CATALOG		ASSESSMENT
Mandate Short Title		NUMBER		PERIOD
AGRICULTURE AND CONSUMER SERVICES, DEPARTMENT OF
Control of Dangerous and Vicious Dogs		SAF.VDACS009		8/1/09 to 10/31/09
CRIMINAL JUSTICE SERVICES, DEPARTMENT OF
Virginia Domestic Violence Victim Grants		SPS.DCJS028		9/1/09 to 10/31/09
EDUCATION, DEPARTMENT OF
Severance Benefits		SOE.DOE126		7/1/09 to 9/30/09
EMERGENCY MANAGEMENT, DEPARTMENT OF
Disaster Pet Planning/Animal Protection		SPS.VDEM013		1/1/10 to 3/31/10
ENVIRONMENTAL QUALITY, DEPARTMENT OF
Environmental Impact Reports for Local Road Projects		SNR.DEQ038		9/1/09 to 11/30/09
SOCIAL SERVICES, DEPARTMENT OF
Criminal History and Central Registry Check for Placements of Children		SHHR.DSS072		3/1/10 to 5/31/10
TRANSPORTATION, DEPARTMENT OF
Coordination of State and Local Transportation Planning		STO.VDOT030		8/31/09 to 10/31/09
Load and Resistance Factor Bridge Design		STO.VDOT031		10/1/09 to 12/31/09
Safe Routes to School Program		STO.VDOT035		8/31/09 to 10/31/09
Traffic Signal Photo Enforcement Program Policy		STO.VDOT036		8/31/09-10/31/09

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 April 14, 2009.

Director's Order Number Thirty-Five (09)

Certain Virginia Instant Game Lotteries; End of Games.

In accordance with the authority granted by §§ 2.2-4002 B 15 and 58.1-4006 A of the Code of Virginia, I hereby give notice that the following Virginia Lottery instant games will officially end at midnight on April 10, 2009:

Game 787	Cashword
Game 791	Captain Cash Tripler
Game 1019	Rock Paper Scissors
Game 1022	Platinum 7's
Game 1023	Bee Lucky
Game 1026	$100,000 Casino Action
Game 1029	Are You In?
Game 1033	Harley Davidson
Game 1035	Pinball Wizard
Game 1043	$100,000 Mega Multiplier
Game 1049	Mini Ruby Red 7's
Game 1053	Whole Lotta $100s
Game 1058	10 X The Money
Game 1064	Go For The Gold
Game 1068	Win It All
Game 1070	Match 3
Game 1073	Triple 777
Game 1091	Super Ca$h

The last day for lottery retailers to return for credit unsold tickets from any of these games will be May 15, 2009. The last day to redeem winning tickets for any of these games will be October 7, 2009, 180 days from the declared official end of the game. Claims for winning tickets from any of these games will not be accepted after that date.  Claims that are mailed and received in an envelope bearing a postmark of the United States Postal Service or another sovereign nation of October 7, 2009, or earlier, will be deemed to have been received on time.  This notice amplifies and conforms to the duly adopted State Lottery Board regulations for the conduct of lottery games.

This order is available for inspection and copying during normal business hours at the Virginia Lottery headquarters, 900 East Main Street, Richmond, Virginia; and at any Virginia Lottery regional office. A copy may be requested by mail by writing to Director's Office, Virginia Lottery, 900 East Main Street, Richmond, Virginia 23219.

This Director's Order becomes effective on the date of its signing and shall remain in full force and effect unless amended or rescinded by further Director's Order.

/s/ Paula I. Otto

Executive Director

April 14, 2009

* * * * * * * *

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on April 15, 2009. The order 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 Thirty-One (09)

Virginia's Instant Game Lottery 1110; "Lucky Casino" (effective 4/08/09)

Director's Order Number Thirty-Two (09)

Virginia's Instant Game Lottery 1123; "Chill Out Cash" (effective 4/08/09)

Director's Order Number Thirty-Three (09)

"Lucky Dog Contest" (effective 4/08/09)

Director's Order Number Thirty-Four (09)

Virginia's Instant Game Lottery 1114; "The Color of Money" (effective 4/09/09)

VIRGINIA CODE COMMISSION

Notice to State Agencies

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

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.

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***** Regulatory process suspended in 25:16 VA.R. 2968

* Effective upon filing notice of U.S. EPA approval

** Emergency Regulation Rescinded in 25:15 VA.R. 2613

*** See erratum (25:6 VA.R. 1375) for effective date

**** See erratum (25:14 VA.R. 2682)