8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 26 Iss. 18 - May 10, 2010

GENERAL NOTICES/ERRATA

DEPARTMENT OF CONSERVATION AND RECREATION

Proposed Consent Special Order for the Industrial Development Authority of Washington County

Purpose of notice: To seek public comment on the terms of a proposed Consent Special Order (order) issued to the Industrial Development Authority of Washington County.

Public comment period: May 10, 2010, through June 8, 2010.

Summary of proposal: The proposed order describes a settlement between the Virginia Soil and Water Conservation Board and the Industrial Development Authority of Washington County to resolve alleged past violations of the Virginia Stormwater Management Act and Regulations at the Oak Park Center for Business and Industry Phase III Building Pad Development construction site located in Washington County. The proposed order requires payment of a $15,000 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 during the comment period. A copy of the proposed order is available on request from the person identified directly below as the contact.

Contact for public documents and 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 (804) 786-6141, or email [e-mail].

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Consent Special Order for Town of Ferrum Sewage Treatment Plant

An enforcement action has been proposed for the Town of Ferrum Sewage Treatment Plant for violations in Franklin County, 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 May 11, 2010, to June 9, 2010.

Restore Water Quality for Portions of Fontaine Creek

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation are announcing a study to restore water quality for portions of Fontaine Creek that stretches across Brunswick and Greensville Counties. This notice also announces the first public meetings and a public comment opportunity.

Public meetings: Wednesday, May 26, 2010, from 2 p.m. to 4 p.m. and 6 p.m. to 8 p.m. at the Richardson Memorial Library located at 100 Spring Street, Emporia, VA 23847. Both meetings are open to the public.

Meeting description: Overview and summary of the research to date of the water quality impairments of the recreation use for portions of Fontaine Creek that are impaired due to bacterial violations.

Description of study: Virginia agencies are working to identify sources of the bacterial contamination for portions of Fontaine Creek. This impairment spans approximately 32 miles. These waterways are impaired for failure to meet the recreational designated use due to exceedances of the bacterial water quality standard.

Waterbody	Location	Impaired Length (mi)	Impairment
Fontaine Creek (K11R-01-BAC)	Rt 633 Bridge to the tributary between Rts 627 and 639 Greensville Co.	9.87	Recreational Use
Fontaine Creek (K11R-04-BAC)	I-95 Bridge to Rt 301 Bridge Greensville Co.	9.12
Fontaine Creek (K12R-01-BAC)	Route 301 Bridge to confluence with Meherrin River Greensville Co.	13.29
Total Impairment Length		32.28

The study reports on the current status of Fontaine Creek and its tributaries 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 above impairments. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality the 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, which expires June 28, 2010. 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].

Proposed Consent Order for Mr. Kurt A. Lorenz

An enforcement action has been proposed for Mr. Kurt A. Lorenz for alleged violations in Chesapeake, Virginia. A consent order describes a settlement to resolve unpermitted wetland impacts that occurred at 1949 Centerville Turnpike South. 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 at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from May 10, 2010, to June 9, 2010.

Proposed Consent Order for Manakin Water and Sewerage Corporation

An enforcement action has been proposed for Manakin Water and Sewerage Corporation for alleged violations at the wastewater treatment facility located at Route 6 & Hermitage Road in Manakin, Virginia. The company plans to sell the facility and the order provides interim limits until the sale and requires corrective action in the event the sale does not succeed. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Frank Lupini will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from May 10, 2010, to June 10, 2010.

Total Maximum Daily Load for Upper Nansemond River Watershed

Purpose of notice: The Department of Environmental Quality (DEQ), the Department of Conservation and Recreation, the Hampton Roads Planning District Commission, Isle of Wight County, and the City of Suffolk invite citizens to a public meeting to discuss the development of an implementation plan (IP) to address fecal bacteria impairments in the Upper Nansemond River watershed. Water quality monitoring indicates that bacteria levels in the Nansemond River violate Virginia's water quality standards for shellfishing and primary contact recreation. A total maximum daily load (TMDL) study for the impairments was approved by EPA in 2006 and is available on DEQ's website at http://www.deq.virginia.gov/tmdl/apptmdls/jamesrvr/nanshgl.pdf.

The implementation plan will identify ways to meet the pollutant reductions outlined in the TMDL study.

Public meeting: The final public meeting to review the draft TMDL implementation plan will be held on Tuesday, May 18, 2010, at 6 p.m., City of Suffolk, Human Resources Training Room, 440 Market Street, Suffolk, VA 23434.

Meeting description: Discussion of the proposed management actions to reduce bacteria concentrations in the affected watersheds and to solicit public comment on the draft implementation plan. The IP includes the corrective actions needed to reduce bacteria and the associated costs, benefits, and environmental impacts. The IP also provides measurable goals and a timeline of expected achievement of water quality objectives.

How to comment: The public comment period on the development of the IP will end on June 18, 2010. Oral comments will be accepted and addressed at the public meeting. Additional questions or information requests should be addressed to Jennifer Howell. Written comments and inquires should include the name, address, and telephone number of the person submitting the comments and should be sent to Jennifer Howell at Department of Environmental Quality, 5636 Southern Blvd., Virginia Beach, VA 23262, telephone [phone], FAX (757) 518-2003, or email [e-mail], or Jennifer Tribo at Hampton Roads Planning District Commission, 723 Woodlake Dr., Chesapeake, VA 23320, telephone [phone], FAX [phone], or email [e-mail].

Proposed Consent Order for Town of Stanley

An enforcement action has been proposed for the Town of Stanley for violations in Page County. A proposed consent order describes a settlement to resolve a significant unauthorized discharge and to further address inflow and infiltration in the town's sewage collection system. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Steven W. Hetrick will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, VA 22801, from May 10, 2010, to June 9, 2010.

Proposed Consent Order for Town of Surry

An enforcement action has been proposed for the Town of Surry for alleged violations at the wastewater treatment facility on 11463 Rolfe Highway in Surry, Virginia. The consent order requires corrective action in the form of a facility upgrade/expansion and requires the town to adjust its sewer rates to 1.25% of median household income. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Frank Lupini will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from May 10, 2010, to June 10, 2010.

Proposed Consent Order for City of Waynesboro

An enforcement action has been proposed for the City of Waynesboro for violations in Augusta County. A proposed consent order describes a settlement to resolve effluent limitation violations and unpermitted discharges and to further address inflow and infiltration in the city's sewage collection system. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Steven W. Hetrick will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, VA 22801, from May 10, 2010, to June 9, 2010.

STATE LOTTERY DEPARTMENT

Director's Orders

The following Director's Order of the State Lottery Department was filed with the Virginia Registrar of Regulations on April 20, 2010.

Director's Order Number Thirty-Nine (10)

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 23, 2010.

Game 1061	Dazzler Jewels
Game 1063	Hot 100's
Game 1093	Sizzlin' 7's
Game 1127	Right on the Money
Game 1131	Molten Money
Game 1132	High Card
Game 1143	Hot $100,000
Game 1146	Virginia Lucky Dog II
Game 1150	Ace in the Hole

The last day for lottery retailers to return for credit unsold tickets from any of these games will be May 28, 2010. The last day to redeem winning tickets for any of these games will be October 20, 2010, 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 20, 2010, 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 20, 2010

STATE WATER CONTROL BOARD

Proposed Consent Special Order for Imperial Transport of Tennessee, Inc.

An enforcement action has been proposed for Imperial Transport of Tennessee, Inc. for violations in Wise County, Virginia. The Special Order by Consent describes a settlement for violations related to an oil discharge to the South Fork Pound River near Pound, Virginia. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Dallas R. Sizemore will accept comments by email at [e-mail], FAX at (276) 676-4899, or postal mail at Department of Environmental Quality, Southwest Regional Office, P.O. Box 1688, Abingdon, VA 24212, from May 10, 2010, to June 9, 2010. The office is located at 355 Deadmore Street, Abingdon, Virginia.

Proposed Consent Order for Louisa County Water Authority

An enforcement action has been proposed for Louisa County Water Authority for alleged violations in Louisa County at the Zion Crossroads Wastewater Treatment Plant. The proposed Consent Order describes a settlement of violations of Virginia Pollutant Discharge Elimination System Permit No. VA0090743. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Sarah Baker will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from May 11, 2010, through June 10, 2010.

Proposed Consent Order for Prince William County Service Authority

An enforcement action has been proposed for the Prince William County Service Authority for alleged violations in Prince William County. The violations to be addressed include discharge of sewage from the Prince William County Service Authority Sanitary Sewer System and permit effluent violations associated with H.L. Mooney Wastewater Treatment Works (Virginia Pollutant Discharge Elimination System Permit No. VA0025101). A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Daniel Burstein will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from May 11, 2010, through June 10, 2010.

Proposed Consent Order for Salt Ponds Marina Resort, L.L.C.

An enforcement action has been proposed for Salt Ponds Marina Resort, L.L.C., for alleged violations of the state water control law in the City of Hampton concerning the operation of unregistered underground storage tanks. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Paul R. Smith will accept comments by email at [e-mail], FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, from May 10, 2010, to June 9, 2010.

Proposed Consent Order for Stafford County Board of Supervisors

An enforcement action has been proposed for the Stafford County Board of Supervisors for alleged violations in Stafford County. The violations to be addressed include discharge of sewage from the treatment works associated with Virginia Pollutant Discharge Elimination System Permit No. VA0060968 to state waters not in compliance with a permit. 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 at [phone], or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from May 11, 2010, to June 10, 2010.

Proposed Action for the United States Department of the Navy

An enforcement action has been proposed for the United States Department of the Navy for alleged violations of the state water control law at the Naval Air Station Oceana Dam Neck Annex in the City of Virginia Beach concerning the unauthorized discharge of pollutants to state waters. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Paul R. Smith will accept comments by email at [e-mail], FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, from May 10, 2010, to June 9, 2010.

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.