8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 31 Iss. 23 - July 13, 2015

GENERAL NOTICES/ERRATA

DEPARTMENT OF CONSERVATION AND RECREATION

Proposed Virginia Land Conservation Foundation Guidance Document on Conservation Easement Dispute Resolution

Request for Public Comments: Notice is hereby given that the Virginia Land Conservation Board of Trustees (board) is considering adopting "Virginia Land Conservation Foundation Guidance Document on Conservation Easement Dispute Resolution" as presented to the Board on June 16, 2015. The board has requested a 30-day public comment period to begin on July 13, 2015, and running through August 12, 2015. The following document is available in draft format for review and public comment:

"Virginia Land Conservation Foundation Guidance Document on Conservation Easement Dispute Resolution."

The document contains the proposed Conservation Easement Dispute Resolution Guidance.

Public Comment Period: The public comment period will close August 12, 2015. The board will accept written comments by email at [e-mail] and postal mail at Office of Land Conservation, Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219. Additionally, the Virginia Regulatory Town Hall website has added a new feature that allows agencies to open a public comment forum in connection with any general notice. Public comment can now also be submitted through http://townhall.virginia.gov/l/generalnotice.cfm. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by August 12, 2015.

Statutory Authority and Mandated Solicitation of Public Comments: Section 10.1-1021.2 of the Code of Virginia directs the board of the Virginia Land Conservation Foundation to adopt guidelines by which specified parties may request the foundation resolve a dispute related to the interpretation or administration of a conservation easement. This guidance serves to set out such procedures.

Purpose and Intent of the Proposed Guidance Document: In accordance with § 10.1-1021.2 of the Code of Virginia, this document serves to provide guidance to any private owner of a fee interest in land that is subject to a perpetual conservation easement pursuant to Chapter 10.1 (§ 10.1-1009 et seq.) of Title 10.1 of the Code of Virginia, any holder of such an easement, or any holder of a third-party right of enforcement of such an easement, regarding procedures for submitting a request to the Virginia Land Conservation Foundation to resolve a dispute that arises out of or relates to the interpretation or administration of a conservation easement. Such request shall not be part of a dispute already in litigation. The Virginia Land Conservation Foundation shall utilize the process set forth in the Administrative Dispute Resolution Act, Chapter 41.1 (§ 2.2-4115 et seq.) of Title 2.2 of the Code of Virginia and the procedures outlined in this guidance to respond to requests.

Copies of the Proposed Guidance Document on Conservation Easement Dispute Resolution: An electronic copy of this draft guidance in PDF format is available on the Regulatory Town Hall under the Department of Conservation and Recreation at http://townhall.virginia.gov/L/GDocs.cfm. The draft guidance can also be obtained from the Department of Conservation and Recreation's website at http://www.dcr.virginia.gov/virginia_land_conservation_foundation/index.shtml or the Office of Land Conservation, Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219, or telephone [phone], or email [e-mail].

Contact Information: Suzan Bulbulkaya, Land Conservation Analyst, Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219, telephone [phone], or email [e-mail].

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on June 16, 2015. The orders may be viewed at the Virginia Lottery, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 201 North 9th Street, 2nd Floor, Richmond, VA.

Director's Order Number Fifty (15)

Virginia's Lottery's Summer Jam eXTRA Promotion Final Rules for Operation (effective June 2, 2015)

Director's Order Number Fifty-Two (15)

Grocery Out of Stock Retailer Incentive Promotion Virginia Lottery Retailer Incentive Program Requirements (This Director's Order becomes effective on July 1, 2015, and shall remain in full force and effect until ninety (90) days after the conclusion of the incentive program, unless otherwise extended by the Director)

Director's Order Number Fifty-Four (15)

"Have You Played Summer Jam?" Virginia Lottery Retailer Incentive Program Requirements (This Director's Order becomes effective on May 12, 2015, and shall remain in full force and effect until ninety (90) days after the conclusion of the incentive program, unless otherwise extended by the Director)

Director's Order Number Fifty-Five (15)

Virginia's Instant Game Lottery 1556 "Aces High" Final Rules for Game Operation (effective May 14, 2015)

Director's Order Number Fifty-Six (15)

Virginia's Instant Game Lottery 1552 "5X The Money" Final Rules for Game Operation (effective May 14, 2015)

Director's Order Number Fifty-Seven (15)

7-Eleven 2015 Partnership Program Part 1 Virginia Lottery Retailer Incentive Program Requirements (This Director's Order becomes effective on June 2, 2015, and shall remain in full force and effect until ninety (90) days after the conclusion of the incentive program, unless otherwise extended by the Director)

Director's Order Number Fifty-Nine (15)

Virginia Lottery's "Summer Jam Rock Flight® Promotion" Final Rules For Operation (effective June 2, 2015)

Director's Order Number Sixty-One (15)

Virginia's Instant Game Lottery 1567 "Summer Jam" Final Rules for Game Operation (effective May 14, 2015)

Director's Order Number Sixty-Two (15)

Virginia's Computer-Generated Game "Decades of Dollars" Final Rules for Game Operation (This Director's Order becomes effective on April 30, 2015, fully replaces any and all prior Virginia Lottery "Decades of Dollars" game rules, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number Sixty-Three (15)

Virginia Lottery's "VIP NASCAR® Awards Banquet Giveaway Event Promotion" Final Rules for Operation (effective June 5, 2015)

Director's Order Number Sixty-Four (15)

Virginia's Instant Game Lottery 1536 "Aces & 8's" Final Rules for Game Operation (effective May 12, 2015)

Director's Order Number Sixty-Five (15)

Virginia's Instant Game Lottery "Triple Black Cherry" Final Rules for Game Operation (effective May 12, 2015)

Director's Order Number Sixty-Six (15)

Virginia's Instant Game Lottery 1565 "$4,000 Pay Day" Final Rules for Game Operation (effective June 1, 2015)

Director's Order Number Sixty-Seven (15)

Virginia's Instant Game Lottery 1522 "2 For The Money" Final Rules for Game Operation (effective June 1, 2015)

Director's Order Number Sixty-Eight (15)

Virginia's Instant Game Lottery 1578 "Wild Time Gold" Final Rules for Game Operation (effective June 10, 2015)

Director's Order Number Sixty-Nine (15)

Virginia's Instant Game Lottery 1560 "Cash Payout" Final Rules for Game Operation (effective June 10, 2015)

Director's Order Number Seventy-Six (15)

Virginia Lottery's "Summer Jam Ultimate Seat Upgrade Promotion" Final Rules for Operation (This Director's Order becomes effective on Tuesday, June 2, 2015, completely replaces Director's Order Sixty (15), and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number Seventy-Seven (15)

Virginia's Instant Game Lottery 1544 "Platinum Payout" Final Rules for Game Operation (effective June 15, 2015)

Director's Order Number Seventy-Eight (15)

Virginia's Computer-Generated Game Lottery "FastPlay Fast $50's Hot Slots Doubler" Final Rules for Game Operation (effective June 15, 2015)

Director's Order Number Seventy-Nine (15)

Virginia's Computer-Generated Game Lottery "FastPlay Summer Sizzler" Final Rules for Game Operation (effective June 15, 2015)

Director's Order Number Eighty (15)

Virginia's Computer-Generated Game Lottery "FastPlay Money Bag Crossword" Final Rules for Game Operation (effective June 15, 2015)

Director's Order Number Eighty-One (15)

Sunoco Retailer Incentive Program Promotions - Virginia Lottery Program Requirements (This Director's Order becomes effective on July 1, 2015, and shall remain in full force and effect until ninety (90) days after the conclusion of the final incentive program, unless otherwise extended by the Director)

Director's Order Number Eighty-Two (15)

"The Pantry August Scratcher Activation Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (This Director's Order becomes effective on August 1, 2015, and shall remain in full force and effect until ninety (90) days after the conclusion of the final incentive program, unless otherwise extended by the Director)

Director's Order Number Eighty-Three (15)

MACS Retailer Incentive Program Promotions - Virginia Lottery Program Requirements (This Director's Order becomes effective on July 1, 2015, and shall remain in full force and effect until ninety (90) days after the conclusion of the final incentive program, unless otherwise extended by the Director)

Director's Order Number Eighty-Four (15)

"E&C Redskins Ticket Contest Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (This Director's Order becomes effective on August 1, 2015, and shall remain in full force and effect until ninety (90) days after the conclusion of the final incentive program, unless otherwise extended by the Director)

Director's Order Number Eighty-Five (15)

"Farm Fresh Stretch Your Scratcher Goal Contest" Virginia Lottery Retailer Incentive Program Requirements (This Director's Order becomes effective on August 1, 2015, and shall remain in full force and effect until ninety (90) days after the conclusion of the final incentive program, unless otherwise extended by the Director)

Director's Order Number Eighty-Six (15)

"Pit Stop Redskins Ticket Contest Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (This Director's Order becomes effective on October 1, 2015, and shall remain in full force and effect until ninety (90) days after the conclusion of the final incentive program, unless otherwise extended by the Director)

Director's Order Number Eighty-Seven (15)

"Shoppers Stretch Your Scratcher Goal Contest" Virginia Lottery Retailer Incentive Program Requirements (This Director's Order becomes effective on August 1, 2015, and shall remain in full force and effect until ninety (90) days after the conclusion of the final incentive program, unless otherwise extended by the Director)

Director's Order Number Eighty-Eight (15)

FasMart Retailer Incentive Program Promotions - Virginia Lottery Program Requirements (This Director's Order becomes effective on August 1, 2015, and shall remain in full force and effect until ninety (90) days after the conclusion of the final incentive program, unless otherwise extended by the Director)

Director's Order Number Ninety-One (15)

Certain Virginia Fastplay Game; End of Game - Virginia Lottery's FastPlay Gold Bar Doubler (163 14) (effective June 15, 2015)

Director's Order Number Ninety-Two (15)

Certain Virginia Fastplay Game; End of Game - Virginia Lottery's FastPlay Getaway (29 15) (effective June 15, 2015)

Director's Order Number Ninety-Three (15)

Certain Virginia Fastplay Game; End of Game - Virginia Lottery's FastPlay Crossword (162 14) (effective June 15, 2015)

STATE BOARD OF SOCIAL SERVICES

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Social Services conducted a small business impact review of 22VAC40-890, Human Subject Research Regulations, and determined that this regulation should be retained in its current form. The State Board of Social Services is publishing its report of findings dated June 15, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

There is no impact on small businesses. The regulation applies equally to all organizations conducting research through Department of Social Services and its related entities, whether public, nonprofit, or private for-profit organizations. No complaints have been received from the public.

Contact Information: Gail Jennings, Administrator, Department of Social Services, Institutional Review Board, 801 East Main Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

STATE WATER CONTROL BOARD

Total Maximum Daily Load for Kits Creek in Lunenburg County

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the draft stressor analysis in support of the development of the total maximum daily load (TMDL) for Kits Creek in Lunenburg County. This stream is listed on the 2008 § 303(d) TMDL Priority List and Report as impaired due to violations of the state's water quality standards for the aquatic life use due to poor health of the benthic macroinvertebrate community.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the State Water Control Law require the State Water Control Board to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report. The stressor analysis is the first step in the TMDL process.

The Kits Creek stream segment is located in Lunenburg County. It is 4.8 miles in length and begins at the headwaters and continues to the confluence with the North Meherrin River.

The first public meeting on the stressor analysis, which identifies the stressors to the benthic community in Kits Creek watershed, will be held on July 16, 2015, 6 p.m. until 8 p.m., 2nd Floor Courtroom, Lunenburg Courts Building, 160 Courthouse Square, Lunenburg VA 23952.

In case of inclement weather, the alternate meeting date is July 21, 2015, 6 p.m. until 8 p.m., 2nd Floor Courtroom, Lunenburg Courts Building, 160 Courthouse Square, Lunenburg VA 23952.

The public comment period will begin July 17, 2015, and end August 17, 2015.

An advisory committee to assist in stressor analysis will be established. Persons interested in assisting should notify the DEQ contact person by the end of the comment period and provide their name, address, phone number, email address, and the organization being represented (if any). Notification of the composition of the advisory committee will be sent to all applicants.

A component of a TMDL is the wasteload allocation (WLA); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Administrative Process Act for any future adoption of the TMDL WLAs.

Information on the development of the TMDLs for the impairments is available upon request. Questions or information requests should be addressed to the DEQ contact person listed below. Please note, all written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Paula Nash, Virginia Department of Environmental Quality, 7705 Timberlake Road, Lynchburg, VA 24502, telephone [phone], or email [e-mail].

Total Maximum Daily Loads for Walker Creek, Town Creek, East Wilderness Creek, Nobusiness Creek, Kimberling Creek, and Little Walker Creek in Bland and Giles Counties

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the development of total maximum daily loads (TMDLs) for Walker Creek, Town Creek, East Wilderness Creek, Nobusiness Creek, Kimberling Creek, and Little Walker Creek in Bland and Giles Counties. These streams are listed on the 2012 § 303(d) TMDL Priority List and Report as impaired due to violations of the state's water quality standards for bacteria.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the State Water Control Law requires State Water Control Board to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) Priority List and Report.

The impaired segments include: 33.53 miles of Walker Creek from the Route 52 crossing to the confluence with Kimberling Creek; 4.40 miles of Town Creek from the headwaters downstream to the confluence with Crab Orchard Creek; 3.35 miles of East Wilderness Creek from the confluence with Wolf Pen Branch upstream 3.2 miles; 4.88 miles of Kimberling Creek from the Hiram Thompson Branch confluence upstream to Hazel Branch; and 6.72 miles of Nobusiness Creek from the confluence with Kimberling Creek upstream 6.4 miles.

The first public meeting on the development of the TMDL to address the bacteria impairments for these segments will be held on July 28, 2015, from 6 p.m. until 8 p.m. at the Bland County Public Library located at 697 Main Street, Bland, VA 24315.

The public comment period will begin July 28, 2015, and end August 28, 2015.

An advisory committee to assist in development of this TMDL will be established. Persons interested in assisting should notify the DEQ contact person by the end of the comment period and provide their name, address, phone number, email address, and the organization being represented (if any). Notification of the composition of the panel will be send to all applicants.

A component of a TMDL is the wasteload allocations (WLAs); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Administrative Process Act for any future adoption of the TMDLs associated WLAs. Information on the development of the TMDLs for these impairments is available upon request. Questions, information requests, and written comments should be addressed to the contact listed below. Please note, all written comments should include name, address, and telephone number of the person submitting the comments.

Contact Information: Martha Chapman, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, telephone [phone], or email [e-mail].

Amendment of Water Quality Management Planning Regulation

Notice of action: The State Water Control Board (Board) is considering the amendment of the regulation on water quality management planning in accordance with the Public Participation Procedures for Water Quality Management Planning. A regulation is a general rule governing people's rights or conduct that is upheld by a state agency.

Purpose of notice: The Board is seeking comments through the Department of Environmental Quality (DEQ) on the proposed amendment. The purpose of the amendment to the state's Water Quality Management Planning Regulation (9VAC25-720) is to adopt 12 total maximum daily load (TMDL) wasteload allocations.

Public comment period: July 13, 2015, through August 12, 2015.

Description of proposed action: DEQ staff will propose amendments of the state's Water Quality Management Planning Regulation for the James River Basin (9VAC25-720-60 A) and the Potomac-Shenandoah River Basin (9VAC25-720-50 A). Statutory authority for promulgating these amendments can be found in subdivision 10 of § 62.1-44.15 of the Code of Virginia.

Staff intends to recommend (1) that the Board approve the TMDL reports as the plan for the pollutant reductions necessary for attainment of water quality goals in the impaired segments, (2) that the Board authorize inclusion of the TMDL reports in the appropriate Water Quality Management Plan, and (3) that the Board adopt 12 TMDL wasteload allocations as part of the state's Water Quality Management Planning Regulation in accordance with §§ 2.2-4006 A 4 c and 2.2-4006 B of the Code of Virginia.

The TMDL reports were developed in accordance with federal regulations (40 CFR 130.7) and are exempt from the provisions of Article 2 (§ 2.2-4000 et seq.) of the Virginia Administrative Process Act. The reports were subject to the TMDL public participation process contained in DEQ's Public Participation Procedures for Water Quality Management Planning. The public comment process provides the affected stakeholders an opportunity for public appeal of the TMDL.

As of July 1, 2014, TMDL WLAs can receive State Water Control Board approval prior to EPA approval due to amendments outlined in § 2.2-4006 A 14 of the Code of Virginia. The two TMDL reports in this public notice have been reviewed by EPA for required TMDL elements, however the reports remain in draft form awaiting State Water Control Board approval. The draft reports can be found at http://www.deq.virginia.gov/Programs/Water/Water
QualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.

Affected Waterbodies and Localities:

James River Basin (9VAC25-720-60 A):

"Bacteria TMDL Development for the Turkey Island Creek and James River Westover to Claremont Watershed in Charles City, Henrico, Prince George, and Surry Counties, Virginia."

• The Turkey Island Creek and tidal James River Westover to Claremont watersheds TMDL, located in Charles City, Henrico, Prince George, and Surry Counties, proposes E. coli reductions for the Turkey Island Creek, James River Westover to Chippokes Point, and James River Chippokes Point to Claremont watersheds and provides E. coli wasteload allocations of 4.31E11 cfu/year, 4.25E13 cfu/year, and 4.99E13 cfu/year.

Potomac-Shenandoah River Basin (9VAC25-720-50 A):

"Bacteria TMDL Development for Crooked Run, Borden Marsh Run, Willow Brook, West Run, Long Branch, Stephens Run, Manassas Run, and Happy Creek Watersheds, and Sediment TMDL Development for Happy Creek Watershed Located in Clarke, Frederick, and Warren Counties, Virginia"

• The Crooked Run, Borden Marsh Run, Willow Brook, West Run, Long Branch, Stephens Run, Manassas Run, and Happy Creek watersheds TMDL, located in Clarke, Frederick, and Warren Counties, proposes E. coli reductions for the Crooked Run, Borden Marsh Run, Willow Brook, West Run, Long Branch, Stephens Run, Manassas Run, and Happy Creek watersheds and provides E. coli wasteload allocations of 2.22E12 cfu/year, 2.81E11 cfu/year, 2.33E11 cfu/year, 5.80E11 cfu/year, 1.73E11 cfu/year, 3.07E11 cfu/year, 3.24E11 cfu/year, and 4.27E11 cfu/year.

• The Crooked Run, Borden Marsh Run, Willow Brook, West Run, Long Branch, Stephens Run, Manassas Run, and Happy Creek watersheds TMDL, located in Clarke, Frederick, and Warren Counties, proposes sediment reductions for the Happy Creek watershed and provides a sediment wasteload allocation of 29.05 tons/year.

How to comment: DEQ accepts written comments by email, fax, and postal mail. All written comments must include the full name, address, and telephone number of the person commenting and be received by 5 p.m. on the last day of the comment period.

How a decision is made: After comments have been considered, the Board will make the final decision. Citizens that submit statements during the comment period may address the board members during the board meeting at which a final decision is made on the proposal.

To review documents: The TMDL reports are available on the DEQ website at http://www.deq.virginia.gov/Programs/
Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx, and by contacting the DEQ representative named below for any report. The electronic copies are in PDF format and may be read online or downloaded.

Contact for public comments, document requests, and additional information: Liz McKercher, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone: [phone], FAX [phone], or email [e-mail].

Proposed Enforcement Action for H&W Properties, Inc.

An enforcement action has been proposed for H&W Properties, Inc. for the Douthat Road Mobile Home Park for violations in Alleghany County at the Douthat Road Mobile Home Park Sewage Treatment Plant. The order resolves violations of State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. G. Marvin Booth, III will accept comments by email at [e-mail], FAX (434) 582-5125, or postal mail at Department of Environmental Quality, Blue Ridge Regional Office, 7705 Timberlake Road, Lynchburg, VA 24502, from July 13, 2015, through August 13, 2015.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North 9th Street, 2nd Floor, Richmond, VA 23219; Telephone: Voice [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/connect/commonwealth-calendar.

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/documents/cumultab.pdf.

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.