GENERAL NOTICES
Vol. 25 Iss. 5 - November 10, 2008

GENERAL NOTICES/ERRATA

STATE CORPORATION COMMISSION

AT RICHMOND, OCTOBER 16, 2008

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. BFI-2008-00373

Ex Parte: In re: database inquiry fee

ORDER ESTABLISHING DATABASE INQUIRY FEE

Pursuant to subdivision B 4 of § 6.1-453.1 of the Code of Virginia and 10 VAC 5‑200‑115, which shall become effective on January 1, 2009, every payday lender licensed under Chapter 18 of Title 6.1 of the Code of Virginia ("licensee") is required to pay a database inquiry fee to defray the cost of submitting an inquiry to the payday lending database.  10VAC5-200-115 provides that the amount of the fee shall not exceed $5.00 per loan.

Based on the information and documentation provided to the State Corporation Commission ("Commission") by the database provider, Veritec Solutions, LLC, the Commission finds that the amount of the database inquiry fee should be $0.68 per consummated payday loan, and that such amount bears a reasonable relationship to the actual cost of operating the database.

THEREFORE IT IS ORDERED THAT:

(1) Beginning on January 1, 2009, every licensee shall pay a database inquiry fee of $0.68 per consummated payday loan; and

(2) All database inquiry fees shall be remitted by each licensee directly to Veritec Solutions, LLC, on a weekly basis.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to the Commissioner of Financial Institutions, who shall mail a copy of this Order to all licensed payday lenders.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Consent Order - Stanley Martin Companies, LLC

An enforcement action has been proposed for Stanley Martin Companies, LLC, for alleged violations in Prince William County associated with the Coles Run Manor development project. The consent order describes a settlement to resolve unpermitted impacts taken to intermittent stream channel associated with the Coles Run Manor development project.  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, sabellotti@deq.virginia.gov, FAX (703) 583-3821, or postal mail, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from November 11, 2008, through December 11, 2008.

Proposed Consent Order - Norman Woods

Purpose of notice: To seek public comment on a proposed consent order from the Department of Environmental Quality for a facility in Montgomery County, Virginia.

Public comment period: November 11, 2008, through December 10, 2008.

Consent order description: The State Water Control Board proposes to issue a consent order to Norman Woods, to address alleged violations of Virginia’s regulations. The location of the facility where the alleged violation occurred is approximately three miles southwest of Ironto off North Fork Road (Tax Map ID Number 070-A5) in Montgomery County. The consent order describes a settlement to resolve violations involving construction activities without a permit affecting state waters for wetlands and stream identified as Falls Hollow.

How to comment: DEQ accepts comments from the public by email, fax or postal mail. All comments must include the name, address and telephone number of the person commenting and be received by DEQ within the comment period. The public may review the proposed consent order at the DEQ office named below or on the DEQ website at www.deq.virginia.gov.

Contact for public comments, document requests and additional information: Steven B. Wright, Department of Environmental Quality, West Central Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, telephone (540) 562-6792, FAX (540) 562-6725, or email sbwright@deq.virginia.gov.

Total Maximum Daily Load - Four Mile Run

Announcement of a total maximum daily load (TMDL) study to restore water quality in the bacteria impaired portion of tidal Four Mile Run.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Virginia Department of Conservation and Recreation (DCR) announce the first public meeting to introduce the Tidal Four Mile Run Bacteria TMDL study.

Public meeting: Wednesday, November 19, 2008, from 7 p.m. to 8 p.m., Fairlington Community Center, Multipurpose Room 134, 3308 South Stafford Street, Arlington, VA 22206.

Meeting description: This is the first meeting to introduce this project to the public.  The purpose of this meeting is to gather information and discuss the study with community members.

Description of study: The tidal portion of Four Mile Run has been identified as impaired on the Clean Water Act § 303(d) list for not supporting the primary contact recreation use due to elevated levels of E. coli bacteria.  Virginia agencies are working to identify the sources of bacteria contamination in this stream segment.  The impaired segment of Four Mile Run is located in Arlington County.  The Four Mile Run watershed covers parts of the City of Alexandria, City of Falls Church, Arlington County, and Fairfax County.  Below is a description of the impaired portion of Four Mile Run that will be addressed in this study:


Stream Name

Locality

Impairments

Area   (mi2)

Upstream Limit

Downstream Limit

Four Mile Run

Arlington County

Recreational use impairment due to E. coli bacteria

0.0516

Tidal waters of Four Mile Run, approximately 1.46 rivermiles upstream from the mouth of the river

Confluence with the Potomac River


This study will focus on the tidal portion of Four Mile Run.  A Bacteria TMDL for the nontidal portion of Four Mile Run was completed in 2002.  During this study, DEQ will develop a total maximum daily load, or a TMDL, for the impaired stream segment.  A TMDL is the total amount of a pollutant a water body can receive and still meet water quality standards.  To restore water quality, pollutant levels have to be reduced to the TMDL allocated amount.

How to comment: The public comment period on the materials presented at the public meeting will extend from November 19, 2008, to December 19, 2008.  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. Please send all comments to the contact listed below.

Contact for additional information: Katie Conaway, Virginia Department of Environmental Quality, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3804, or email mkconaway@deq.virginia.gov.

DEPARTMENT OF HEALTH

Preventive Health and Health Service (PHHS) Block Grant Public Hearing Notice

Notice of intent to hold a public hearing for the fiscal year 2009 regarding the Preventive Health and Health Service (PHHS) Block Grant.  All interested individuals and groups are invited to participate at the public hearing on the PHHS Block Grant.  In accordance with Title XIX, § 1905 of the Public Health Service Act, the Commonwealth of Virginia hereby gives notice that Virginia Department of Health will apply for FY 2009 PHHS Block Grant funds for programs addressing Healthy People 2010 national health objectives. 

The public hearing will be held on Thursday, November 20, 2008, from 10 a.m. to 11 a.m. at Virginia Department of Health, 109 Governor Street, Room 715, Richmond, Virginia.  The state plan is available on the agency’s website at www.vahealth.org.  Public comment on the application can be made at the public hearing and written comments can be addressed to Robin Buskey, Office of Family Health Services, Virginia Department of Health, P.O. Box 2448, Room 721, Richmond, VA 23218.

Contact Information: Robin Buskey, Grants Coordinator, Virginia Department of Health, P.O. Box 2448, Room 721, Richmond, VA 23218, telephone (804) 864-7663, FAX (804) 864-7647, or email robin.buskey@vdh.virginia.gov.

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 October 14, 2008, October 16, 2008, and October 22, 2008. The orders may be viewed at the State Lottery Department, 900 E. 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 Fifty-Two (08)

Virginia's Instant Game Lottery 1072; "WPT®$100,000 Hold'em Poker" (effective 10/13/08)

Director's Order Number Fifty-Three (08)

Virginia's Instant Game Lottery 1082; "Holiday Treasurers" (effective 10/16/08)


Director's Order Number Fifty-Four (08)

Virginia's Instant Game Lottery 1083; "EZ Grand" (effective 10/16/08)

Director's Order Number Sixty-Three (08)

"World Poker Tour®$100,000 Hold'em Poker Sweepstakes" (effective 10/07/08)

Director's Order Number Sixty-Four (08)

Virginia's Instant Game Lottery 1076; "Win For Life" (effective 10/13/08)

Director's Order Number Sixty-Five (08)

Virginia's Seventeenth On-Line Lottery Game; "Fast Play Super 7's" (effective 10/19/08)

VIRGINIA SOIL AND WATER CONSERVATION BOARD

Proposed Consent Special Order - Russell County Development Group, LLC (RCDG)

Purpose of notice: To seek public comment on the terms of a proposed consent special order (order) issued to Russell County Development Group, LLC (RCDG).

Public comment period: November 10, 2008, through December 9, 2008.

Summary of proposal: The proposed order describes a settlement between the board and RCDG to resolve alleged past violations of the Virginia Stormwater Management Act and Regulations at a construction project near Lebanon in Russell County, Virginia. RCDC has agreed to pay a civil charge of $9,500.

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 before the end of the comment period. A copy of the proposed order is available upon request.

How to request a copy of the proposed order: Contact Edward A. Liggett, Virginia Department of Conservation and Recreation, 900 Natural Resources Drive, Suite 800-DCR, Charlottesville, VA 22903, telephone (434) 220-9067, FAX (804) 786-1798, or email ed.liggett@dcr.virginia.gov.

Contact Information: David C. Dowling, Policy, Planning, and Budget Director, Department of Conservation and Recreation, 203 Governor Street, Suite 302, Richmond, VA 23219, telephone (804) 786-2291, FAX (804) 786-6141, or email david.dowling@dcr.virginia.gov.

STATE WATER CONTROL BOARD

Virginia Clean Water Revolving Loan Fund for FY 2009

Purpose of notice: To announce a meeting held by the Virginia Department of Environmental Quality to discuss the use of the Virginia Clean Water Revolving Loan Fund for FY 2009.

Community meeting: Department of Environmental Quality’s Conference Room, 629 East Main Street, Richmond, VA 23219, on Thursday, November 20, 2008, at 2 p.m.

Topic of meeting: Section 606(c) of the Water Quality Act of 1987 requires the Department of Environmental Quality to develop an annual plan that identifies the intended use of its revolving loan funds for construction of publicly owned wastewater treatment facilities and other clean water projects, including the development of a project priority list. The intended use plan for FY 2009 and FY 2009 draft list of targeted loan recipients are open to public comment. The public comment and review period will end at the conclusion of the meeting.

Contact Information: Walter Gills, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4133, FAX (804)698-4032

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.

ERRATA

VIRGINIA WORKERS' COMPENSATION COMMISSION

Title of Regulation: 16VAC30-91. Claims Reporting.

Publication: 25:1 VA.R. 49-55 September 15, 2008.

Correction to Proposed Regulation:

Page 49, Title of Regulation, 16VAC30-91, Claims Reporting, delete ", 16VAC30-91-30"


CALENDAR OF EVENTS



** Suspension of Regulatory Process 25:3