8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 29 Iss. 1 - September 10, 2012

GENERAL NOTICES/ERRATA

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Agricultural Stewardship Act 2011 Annual Report

The Commissioner of Agriculture and Consumer Services announces the availability of the annual report of the Agricultural Stewardship Act entitled "Virginia Agricultural Stewardship Act Annual Report, April 1, 2011 - March 31, 2012: A Positive Approach." Copies of this report can be obtained by contacting Joyce Knight at telephone (804) 786-3538 or email at [e-mail]. The report can also be obtained by accessing our website at: http://www.vdacs.virginia.gov/stewardship/index.shtml. A written request may be sent to Virginia Department of Agriculture and Consumer Services, Office of Policy, Planning and Research, P. O. Box 1163, 102 Governor Street, Suite 219, Richmond, VA 23218. Copies of the report are available without charge.

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 6VAC20-120, Regulations Relating to Criminal History Record Information Use and Security.

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 September 10, 2012, and ends October 1, 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 Coordinator, Department of Criminal Justice Services, 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
AND
DEPARTMENT OF CONSERVATION AND RECREATION

Total Maximum Daily Loads for Lower Banister River

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 an implementation plan (IP) for bacteria total maximum daily loads (TMDLs) on a 13.18 mile segment of the Lower Banister River from Elkhorn Creek to Banister Lake, the entire 9.66 miles of Polecat Creek, and 11.78 miles of Sandy Creek from Johns Run to its mouth. These portions of the Banister River watershed are located in Halifax County, including the Town of Halifax. The TMDL study for these stream impairments was completed in November 2007 and can be found in the Bacteria TMDLs for Banister River, Bearskin Creek, Cherrystone Creek, Polecat Creek, Stinking River, Sandy Creek, and Whitethorn Creek Watersheds study report on DEQ's website at http://www.deq.virginia.gov/tmdl/apptmdls/roankrvr/banister.pdf.

Section 62.1-44.19:7 C of the Code of Virginia requires the development of an IP for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and their associated costs, benefits, and environmental impacts.

The final public meeting to discuss the development of the IP for the bacteria TMDLs will be held on Thursday, September 20, 2012, at 7 p.m. at the Mary M. Bethune Complex, 201 Cowford Road, Halifax, VA 24558. At this meeting, a draft of the implementation plan will be discussed and citizens will be able to offer input on and ask questions about the plan.

The 30-day public comment period on the information presented at the meeting will end on October 22, 2012. A fact sheet on the development of the IP is available upon request. Questions or information requests should be addressed to Heather Vereb, Department of Conservation and Recreation. Written comments and inquiries should include the name, address, and telephone number of the person submitting the comments and should be sent to Heather Vereb, Department of Conservation and Recreation, 8 Radford Street, Suite 102-A, Christiansburg, VA 24073, email [e-mail], telephone (540) 394-2586.

Total Maximum Daily Load for Moores Creek, Lodge Creek, Schenks Branch, and Meadow Creek

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) and implementation plans (IPs) for Moores Creek, Lodge Creek, Schenks Branch, and Meadow Creek in the City of Charlottesville and Albemarle County. These streams were listed on the 2006 and 2008 § 303(d) TMDL Priority List and Report as impaired due to violations of the state's general water quality standard (benthic) for aquatic life. The benthic impairment on Schenks Branch extends 1.138 miles from the headwaters of its tributaries to the Meadow Creek confluence. Meadow Creek is benthically impaired from where it becomes a perennial stream to its confluence with the Rivanna River (4 miles). The benthic impairment on Moores Creek extends 6.377 miles from its confluence with the Ragged Mountain Dam receiving stream downstream to its confluence with the Rivanna River. The Moores Creek watershed includes the tributary locally known as Lodge Creek, which is benthically impaired for 1.57 miles from its headwaters to the confluence with Moores Creek. All four of these impairments were determined to be caused by excess sedimentation.

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. In addition, § 62.1-44.19:7.C of the Code of Virginia requires the development of an IP for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and their associated costs, benefits, and environmental impacts. 

The third public meeting on the development of these TMDLs and IPs will be held on Thursday, September 20, 2012, 6 p.m. at the Downtown County Office Building (Board Room 241) located at 401 McIntire Road, Charlottesville, VA 29902. The TMDL document will be available on the DEQ website the day of the meeting for public comment and review: http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLImplementation/TMDLImplementationPlans.aspx.

The public comment period for the third public meeting will end on October 22, 2012. 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 [phone], 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 August 16, 2012.

Director's Order Number Seventy-Five (12)

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 August 3, 2012.

Game 1096	Tax Free $100,000
Game 1167	IGT Slots
Game 1185	World Poker Tour
Game 1187	$250 Grand
Game 1230	Casino Riches
Game 1234	Smokin' Hot Cash II
Game 1237	Double Your Luck
Game 1239	Fast $50's
Game 1240	Blackjack
Game 1251	Money Money Money (TOP)
Game 1258	Solid Gold
Game 1263	Nascar
Game 1264	Diamond Dollars
Game 1270	Triple Tripler
Game 1286	Ol' Man Winner
Game 1287	Cat Scratch Fever
Game 1289	Crossword (TOP)
Game 1297	Lucky Dog Doubler
Game 1316	24K (TOP)
Game 1329	Vacation Tripler

The last day for lottery retailers to return for credit unsold tickets from any of these games will be September 7, 2012. The last day to redeem winning tickets for any of these games will be Wednesday, January 30, 2013, 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 January 30, 2013, 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 is effective nunc pro tunc to August 3, 2012, and shall remain in full force and effect unless amended or rescinded by further Director's Order.

/s/ Paula I. Otto
Executive Director
August 7, 2012

* * * * * *

Director's Order Number Eighty-Five (12)

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 20, 2012.

Game 1054	Take the Money and Run
Game 1183	Deluxe Winner Take All (TOP)
Game 1214	Cold Hard Cash (TOP)
Game 1245	Truckin' for Cash
Game 1252	Jewel 7's (TOP)
Game 1255	Money Flow (TOP)
Game 1256	Diamond Doubler (TOP)
Game 1267	Crazy 7's
Game 1278	Hail to the Redskins
Game 1285	Straight 9's Tripler
Game 1288	10 times the Money (TOP)
Game 1299	5 times the Money (TOP)

The last day for lottery retailers to return for credit unsold tickets from any of these games will be May 25, 2012. The last day to redeem winning tickets for any of these games will be October 17, 2012, 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 July 18, 2012, 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 is effective nunc pro tunc to April 20, 2012, and shall remain in full force and effect unless amended or rescinded by further Director's Order. This Director's Order supersedes Director's Order Sixty-Six.

/s/ Paula I. Otto
Executive Director
August 14, 2012

* * * * * *

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on August 16, 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 Sixty-Eight (12)

Virginia Lottery's "Redskins 80th Anniversary" Final Rules for Game Operation (effective August 7, 2012)

Director's Order Number Seventy-One (12)

Virginia's Instant Game Lottery 1319; "Diamond Bingo" Final Rules for Game Operation (effective August 14, 2012)

Director's Order Number Seventy-Two (12)

Virginia's Instant Game Lottery 1334; "Quick Bucks" Final Rules for Game Operation (effective August 14, 2012)

Director's Order Number Seventy-Six (12)

Virginia's Instant Game Lottery 1353; "Pinball Payout" Final Rules for Game Operation (effective August 14, 2012)

Director's Order Number Seventy-Seven (12)

Virginia's Instant Game Lottery 1371; "Redskins^TM" Final Rules for Game Operation (effective August 7, 2012)

Director's Order Number Seventy-Eight (12)

Virginia's Instant Game Lottery 1374; "Millionaire Mania" Final Rules for Game Operation (effective August 14, 2012)

Director's Order Number Seventy-Nine (12)

Virginia's Instant Game Lottery 1301; "Sizzling 7's" Final Rules for Game Operation (effective August 14, 2012)

Director's Order Number Eighty (12)

Virginia's Instant Game Lottery 1375; "Holiday Cheer" Final Rules for Game Operation (effective August 14, 2012)

Director's Order Number Eighty-One (12)

Virginia's Instant Game Lottery 1377; "Trim the Tree" Final Rules for Game Operation (effective August 14, 2012)

Director's Order Number Eighty-Two (12)

"Redskins Ticket/Hospitality Tent Giveaway Sales Contest" Virginia Lottery Retailer Incentive Requirements (effective August 7, 2012)

Director's Order Number Eighty-Three (12)

"Redskins VIP Bus Trip" Virginia Lottery Retailer Incentive Requirements (effective August 7, 2012)

Director's Order Number Eighty-Four (12)

"Hasbro Ticket Dispenser Program" Virginia Lottery Retailer Incentive Requirements (effective August 14, 2012)

STATE WATER CONTROL BOARD

Proposed Consent Order for Four Winds Club, Inc.

An enforcement action has been proposed for Four Winds Club, Inc., for violations of the State Water Control Law and Regulations at the Four Winds Campground Sewage Treatment Plant in Caroline County. The consent order describes a settlement to resolve violations of Virginia Pollutant Discharge Elimination System Permit No. VA0060429. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Stephanie Bellotti will accept comments by email at [e-mail], FAX [phone], or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from September 11, 2012, through October 11, 2012.

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.