8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 28 Iss. 16 - April 09, 2012

GENERAL NOTICES/ERRATA

CRIMINAL JUSTICE SERVICES BOARD

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Criminal Justice Services is conducting a periodic review of 6VAC20-90, Rules Relating to Regional Criminal Justice Training Academies.

The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia.

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

The comment period begins April 9, 2012, and ends on April 30, 2012.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Stephanie L. Morton, Law Enforcement Program Specialist, Criminal Justice Services Board, 1100 Bank Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

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

DEPARTMENT OF ENVIRONMENTAL QUALITY

Restore Water Quality in South Fork Reed Creek, Mill Creek, Stony Fork, Tate Run, Reed Creek, Miller Creek, and Cove Creek in Wythe County

Announcement of an effort to restore water quality in the following tributaries of the New River: South Fork Reed Creek, Mill Creek, Stony Fork, Tate Run, Reed Creek, Miller Creek, and Cove Creek in Wythe County, Virginia.

Public meeting location: Wythe Bland Conference Room, Wythe County Community Hospital, 600 West Ridge Road, Wytheville, VA, on April 19, 2012, from 6 p.m. to 8 p.m.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Virginia Department of Conservation and Recreation are announcing the final study report to restore water quality, a public comment opportunity, and public meeting.

Meeting description: Final public meeting on a study to restore water quality and first meeting to develop an implementation plan.

Description of study: DEQ has been working to identify sources of bacterial contamination in South Fork Reed Creek, Mill Creek, Stony Fork, Tate Run, Reed Creek, Miller Creek, and Cove Creek in Wythe County, Virginia. The streams are impaired for failure to meet the recreational use because of fecal coliform bacteria violations and violations of the E. coli standard.

During the study, the sources of bacterial contamination have been identified and total maximum daily load (TMDL) 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. 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, April 19, 2012, to May 18, 2012. DEQ also accepts written and oral comments at the public meeting announced in this notice.

To review fact sheets: Fact sheets are available for the impaired waters from the contacts below or on the DEQ website at www.deq.virginia.gov/tmdl.

Contact for additional information: Martha Chapman, TMDL Coordinator, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, telephone (276) 676-4800, FAX [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 March 19, 2012. 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 Thirteen (12)

Virginia's Instant Game Lottery 1253; "Million Dollar Cash Bonanza" Final Rules for Game Operation (effective March 16, 2012)

Director's Order Number Fourteen (12)

Virginia's Instant Game Lottery 1306; "$100,000 Cash Cyclone" Final Rules for Game Operation (effective March 16, 2012)

Director's Order Number Twenty-Four (12)

Virginia's Instant Game Lottery 1317; "Cherry Twist/Orange Twist/Lemon Twist" Final Rules for Game Operation (effective March 16, 2012)

Director's Order Number Twenty-Five (12)

Virginia's Instant Game Lottery 1336; "Grills Gone Wild" Final Rules for Game Operation (effective March 16, 2012)

Director's Order Number Twenty-Seven (12)

Virginia's Instant Game Lottery 1322; "The Money Game" Final Rules for Game Operation (effective March 16, 2012)

Director's Order Number Twenty-Nine (12)

Virginia's Instant Game Lottery 1330; "$150,000 Player's Club" Final Rules for Game Operation (effective March 16, 2012)

Director's Order Number Thirty-Three (12)

Virginia's Instant Game Lottery 1303; "More Folding Money" Final Rules for Game Operation (effective March 16, 2012)

Director's Order Number Thirty-Four (12)

Virginia's Instant Game Lottery 1320; "Queen of Hearts" Final Rules for Game Operation (effective March 16, 2012)

Director's Order Number Thirty-Five (12)

Virginia's Instant Game Lottery 1327; "Red Hot Slots" Final Rules for Game Operation (effective March 16, 2012)

Director's Order Number Thirty-Six (12)

Virginia's Instant Game Lottery 1341; "Money Jar" Final Rules for Game Operation (effective March 16, 2012)

STATE BOARD OF SOCIAL SERVICES

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services is conducting a periodic review of the following regulations:

22VAC40-90, Regulation for Criminal Record Checks for Homes for Adults and Adult Day Care Centers.

22VAC40-191, Background Checks for Child Welfare Agencies.

The review of the regulations will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia.

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

The comment period begins April 9, 2012, and ends on April 30, 2012.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Karen Cullen, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail]. Comments must include the commenter's name and address (physical or email) information to receive a response to the comment from the agency. Following the close of the public comment period, a report of the periodic review for each regulation will be posted on the Town Hall and published in the Virginia Register of Regulations.

STATE WATER CONTROL BOARD

Proposed Consent Order for Warren E. Beery

An enforcement action has been proposed for Warren E. Beery for violations in Rockingham County. A proposed consent order describes a settlement to resolve unpermitted stream work violations in Dry River. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Steven W. Hetrick will accept comments by email at [e-mail], FAX [phone], or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, VA 22801, from April 9, 2012, to May 9, 2012.

Proposed Consent Special Order for the City of Martinsville

An enforcement action has been proposed for the City of Martinsville for violations at the City of Martinsville Water Treatment Plant. 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 Department of Environmental Quality office named below or online at www.deq.virginia.gov. Jerry Ford, Jr. will accept comments by email at [e-mail], or postal mail Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, from April 10, 2012, to May 9, 2012.

Notice of Intent to Provide § 401 Water Quality Certification of U.S. Army Corps of Engineers Nationwide Permits and Norfolk District Regional Conditions

Pursuant to the Virginia Water Protection Permit Program Regulation (9VAC25-210), the State Water Control Board (board) is giving notice of its intent to provide § 401 Water Quality Certification for activities authorized by the U.S. Army Corps of Engineers (USACE) Nationwide Permits (NWP) and Norfolk District Regional Conditions after considering public comment for a 30-day period starting March 15, 2012. These NWPs were published in Part II of the Federal Register, 77 FR 10184 (February 21, 2012), with an effective date of March 19, 2012. The Norfolk District Regional Conditions were public noticed on March 11, 2011, and are subsequently under amendment with a public notice anticipated on or around March 16, 2012. The board can only issue final § 401 Certification of a nationwide or regional USACE permit if the permit meets the requirements of the Virginia Water Program Permit Regulation and after advertising and accepting public comment for 30 days on its intent to provide certification.

The State Water Control Board will issue its final § 401 Water Quality Certification for activities authorized by the U.S. Army Corps of Engineers (USACE) Nationwide Permits (NWP) and Norfolk District Regional Conditions at the end of the 30-day comment period and after any comments received are considered. The details of the board's preliminary decision are below. Written comments, including those by email, must be received no later than 4 p.m. on April 13, 2012, and should be submitted to David L. Davis at the address in the contact information section at the end of this notice. Only those comments received within this period will be considered by the board. Written comments shall include the name, address, and telephone number of the writer and shall contain a complete, concise statement of the factual basis for comments.

State Water Control Board

Preliminary Decision on § 401 Water Quality Certification of United States Army Corps of Engineers Nationwide Permits And Norfolk District Regional Conditions

The U.S. Army Corps of Engineers (USACE) Nationwide Permits (NWP) were published in Part II of the Federal Register on February 21, 2012, with an effective date of March 19, 2012.

The State Water Control Board tentatively provides unconditional § 401 Water Quality Certification for all of the Norfolk District Regional Conditions and for the following Nationwide Permits as meeting the requirements of the Virginia Water Protection Permit Regulation, which serves as the Commonwealth's § 401 Water Quality Certification:

NWP 1: Aids to Navigation

NWP 2: Structures in Artificial Canals

NWP 3: Maintenance

NWP 4: Fish & Wildlife Harvesting, Enhancement, & Attraction Devices & Activities

NWP 5: Scientific Measurement Devices

NWP 6: Survey Activities

NWP 8: Oil and Gas Structures

NWP 9: Structures in Fleeting and Anchorage Areas

NWP 10: Mooring Buoys

NWP 11: Temporary Recreational Structures

NWP 13: Bank Stabilization

NWP 15: U.S. Coast Guard Approved Bridges

NWP 20: Oil Spill Cleanup

NWP 22: Removal of Vessels

NWP 23: Approved Categorical Exclusions

NWP 28: Modifications of Existing Marinas

NWP 30: Moist Soil Management for Wildlife

NWP 31: Maintenance of Existing Flood Control Facilities

NWP 33: Temporary Construction, Access and Dewatering

NWP 34: Cranberry Production Activities

NWP 35: Maintenance Dredging of Existing Basins

NWP 36: Boat Ramps

NWP 38: Cleanup of Hazardous and Toxic Waste

NWP 45: Repair of Uplands Damaged by Discrete Events

NWP 46: Discharges Into Ditches

NWP 49: Coal Re-mining Activities

NWP 50: Underground Coal Mining Activities

Unless otherwise covered under of the Norfolk District State Program General Permit SPGP-01, or other subsequent SPGPs, the State Water Control Board hereby tentatively provides § 401 Water Quality Certification for the following Nationwide Permits as meeting the requirements of the Virginia Water Protection Permit Regulation, which serves as the Commonwealth's § 401 Water Quality Certification provided that any compensatory mitigation meets the requirements in the Code of Virginia, § 62.1-44.15:23 A through C:

NWP 14: Linear Transportation Projects

NWP 21: Surface Coal Mining Activities

NWP 29: Residential Developments (Single Family Dwelling Only)

The State Water Control Board hereby tentatively provides conditional § 401 Water Quality Certification for the following Nationwide Permits provided that any compensatory mitigation meets the requirements in the Code of Virginia, § 62.1-44.15:23 A through C and as detailed below:

NWP 7: Outfall Structures and Maintenance, provided that the structure or maintenance is not associated with intake structures

NWP 12: Utility Line Activities, provided that the activities are not associated with intake structures or do not transport non-potable raw surface water

NWP 16: Return Water from Upland Contained Disposal Areas, provided that the associated dredging does not otherwise require issuance of an Individual or General Virginia Water Protection Permit from VDEQ

NWP 18: Minor Discharges, provided that: (i) the discharge does not include water withdrawals, such as the construction of an intake structure, weir, or water diversion structure; and (ii) a Virginia Pollutant Discharge Elimination System (VPDES) permit is obtained prior to the placement of any alternative septic system discharging into Virginia Department of Health (VDH) designated shellfish waters

NWP 19: Minor Dredging, provided that dredging is not used to create a deep space for water withdrawal

NWP 25: Structural Discharges, provided that the discharge does not include structures such as pilings to construct a platform to mount a pump for water withdrawals

NWP 27: Stream and Wetland Restoration Activities, provided that: (i) when used to permit a wetland mitigation bank, compensation for any surface water impacts is debited from the bank credits; (ii) natural stream design shall be used for stream restoration projects; (iii) monitoring for success of these sites shall be conducted including submittal of as-built plans, surveys, and photographs; and (iv) dam removal for those dams meeting the following limits: a) less than 25 feet in height with a maximum impoundment capacity of less than 15 acre-feet, b) less than six feet in height with a maximum impounding capacity less than 50 acre-feet, or c) dams operated primarily for agricultural purposes which are less than 25 feet in height or which create a maximum impoundment capacity smaller than 100 acre-feet

NWP 32: Completed Enforcement Actions, provided that the impact does not exceed 2 acres of wetlands or 1500 linear feet of streambed and only past unauthorized impacts are addressed

NWP 40: Agricultural Activities, except for the location of concentrated animal feeding operations or waste storage facilities in surface waters or activities associated with intake structures or impoundments in surface waters

NWP 41: Reshaping Drainage Ditches, provided the impact does not exceed 2 acres of wetlands or 1500 linear feet of streambed

NWP 42: Recreational Facilities, provided that: (i) the facility does not include an impoundment for irrigation; and (ii) compensation is required for wetland and/or stream loss due to direct impacts and permanent back flooding

NWP 43: Stormwater Management Facilities, provided that the facility is not associated with a water withdrawal

NWP 44: Mining Activities, provided that the activity is not for hydraulic dredging

NWP 48: Commercial Shellfish Aquaculture Activities, provided that the activity complies with the conditions of any VPDES permit issued for the facility, and provided that the associated activities do not include a surface water withdrawal or diversion

NWP 51: Land Based Renewable Energy Generation Facilities, provided that: (i) the discharge does not include water withdrawals, such as the construction of an intake structure, weir or water diversion structure; and (ii) the impact does not exceed 2 acres of wetlands or 1500 linear feet of streambed

NWP 52: Water-Based Renewable Energy Generation Pilot Projects, provided that: (i) the discharge does not include water withdrawals, such as the construction of an intake structure, weir or water diversion structure; and (ii) the impact does not exceed 2 acres of wetlands or 1500 linear feet of streambed

The following Nationwide Permit is not currently applicable in the Commonwealth and therefore does not require § 401 Certification:

NWP 24: Indian Tribe or State Administered Section 404 Programs

The State Water Control Board denies § 401 Water Quality Certification for the following Nationwide Permits, as these types of projects require individual review under state laws:

NWP 17: Hydropower Projects

As to the exceptions for activities that would otherwise qualify for one of these Nationwide Permits, the state will continue to process applications for individual § 401 Certification through a Virginia Water Protection General or Individual Permit pursuant to 9VAC25-210. To accomplish the state's goal of individual review of certain activities, the Commonwealth is requesting that the Corps forward to the Department of Environmental Quality pre-construction notifications for any activities that fall into an excepted category.

Pursuant to the Virginia Water Protection Permit Regulation (see 9VAC25-210-130), the State Water Control Board can only issue final § 401 Certification of a nationwide or regional USACE permit if the permit meets the requirements of the VWP regulation and after advertising and accepting public comment for 30 days on its intent to provide certification. The State Water Control Board will issue its final § 401 Water Quality Certification for activities authorized by the U.S. Army Corps of Engineers (USACE) Nationwide Permits (NWP) and Norfolk District Regional Conditions at the end of that period and after any comments received are considered.

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

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, 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 use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.