GENERAL NOTICES/ERRATA
Vol. 26 Iss. 8 - December 21, 2009

GENERAL NOTICES/ERRATA

DEPARTMENT OF ENVIRONMENTAL QUALITY

Study to Restore Water Quality in North Fork and South Fork Pound Rivers

Announcement of a public meeting and an effort to restore water quality in North Fork and South Fork Pound Rivers in Wise County, Virginia.

Public meeting location: The meeting will be held at the Pound Town Hall, 8422 North River Road, Pound, Virginia, on Thursday, February 2, 2010, from 6 p.m. to 8 p.m. (in case of inclement weather the snow date will be February 9, 2010, from 6 p.m. to 8 p.m.)

Purpose of notice: To seek public comment and announce a public meeting on a water quality improvement study by the Virginia Department of Environmental Quality, Department of Mines Minerals and Energy (DEQ), and Department of Conservation and Recreation for the North and South Fork Pound River in southwest Virginia. Significant changes were made to the draft document; therefore, a final public meeting is being scheduled for February 2, 2010, at 6 p.m.

Meeting description: Final public meeting on a study to restore water quality.

Description of study: DEQ has been working to identify sources of pollutants affecting the aquatic organisms in the waters of the North and South Fork Pound Rivers. The South Fork Pound River flows along Route 671 and confluences with the North Fork Pound River in the Town of Pound along Bus. 23. The "impaired" stream segments are estimated to total approximately 7.64 miles. The stream is impaired for failing to meet the aquatic life use based on violations of the general standard for aquatic organisms.

During the study, the pollutants impairing the aquatic community were identified and total maximum daily loads (TMDL) were 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, February 2, 2010, to March 4, 2010. DEQ also accepts written and oral comments at the public meeting announced in this notice.

To review draft TMDL report: The draft TMDL report on the impaired waters is available after February 1, 2010, from the contact below or on the DEQ website at www.deq.virginia.gov/tmdl.

Contact for additional information: Shelley Williams, Regional TMDL Coordinator, Virginia Department of Environmental Quality, Southwest Regional Office, 355 Deadmore Street, P.O. Box 1688, Abingdon, VA 24212-1688, telephone (276) 676-4845, FAX (276) 676-4899, or email sdwilliams@deq.virginia.gov.

Study to Restore Water Quality in Levisa Fork and Bull Creek

Announcement of a public meeting and an effort to restore water quality in Levisa Fork and Bull Creek in Buchanan County, Virginia.

Public meeting location: The meeting will be held at Riverview Elementary School on U.S. Route 460 west of Grundy, Virginia, on January 14, 2010, from 6 p.m. to 8 p.m. (in case of inclement weather the snow date for the meeting is January 21, 2010, from 6 p.m. to 8 p.m.)

Purpose of notice: To seek public comment and announce a public meeting on two water quality improvement studies by the Virginia Department of Environmental Quality (DEQ), Department of Mines Minerals and Energy, and Department of Conservation and Recreation for the Levisa Fork and Bull Creek in southwest Virginia.

Meeting description: Final public meeting on two studies to restore water quality.

Description of study: DEQ has been working to identify sources of pollutants affecting the aquatic organisms and sources of bacteria and polychlorinated byphenyl (PCB) contamination in the waters of the Levisa Fork including Slate Creek and Bull Creek. The "impaired" stream segments are estimated to be approximately 41 miles of the Levisa Fork and Slate Creek. The stream is impaired for failing to meet the aquatic life use (benthic impairment) based on violations of the general standard for aquatic organisms and failure to meet the recreational use because of fecal coliform bacteria violations. Levisa Fork was also found to have elevated levels of PCBs in fish tissue. The bacteria impairment extends from the mainstem of the Levisa Fork headwaters downstream to the Slate Creek confluence and from the Bull Creek confluence downstream to the Kentucky state line. The bacteria impairment includes Slate Creek from the Upper Rockhouse Branch confluence downstream to the confluence with Levisa Fork. The benthic impairment extends from the mainstem of the Levisa Fork at the confluence with Garden Creek downstream to the confluence of Bull Creek and from the Rocklick Branch confluence downstream to the Kentucky state line. The benthic impairment includes the Slate Creek mainstem from the Upper Rockhouse Branch confluence downstream to the confluence with Levisa Fork. The PCB impairment begins at the headwaters and continues downstream to the Kentucky state line and includes Garden Creek from the confluence of Right Fork downstream to the confluence with Levisa Fork.

A separate study includes 16.9 miles of Bull Creek from the headwaters to the confluence with Levisa Fork and all tributaries; Belcher Branch, Deel Fork, Burnt Poplar Branch, Big Branch, Starr Branch, Jess Fork, and Convict Hollow. The stream is impaired for failing to meet the aquatic life use based on violations of the general standard for aquatic organisms. The stream is impaired for failing to meet the aquatic life use (benthic impairment) based on violations of the general standard for aquatic organisms.

The pollutants impairing the aquatic community have been identified and total maximum daily loads (TMDL) have been 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. DEQ has also determined the sources of bacteria contamination and developed a TMDL for bacteria. To restore water quality, contamination levels must be reduced to the TMDL amount. The draft documents will be presented at the public meeting.

How a decision is made: The development of a TMDL includes public meetings and a public comment period for the draft study report. 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, January 14, 2010, to February 15, 2010. DEQ also accepts written and oral comments at the public meeting announced in this notice.

To review draft TMDL report: The draft TMDL reports on the impaired waters are available after January 13, 2010, from the contact below or on the DEQ website at www.deq.virginia.gov/tmdl.

Contact for additional information: Shelley D. Williams, Regional TMDL Coordinator, Virginia Department of Environmental Quality, Southwest Regional Office, 355 Deadmore Street, P. O. Box 1688, Abingdon, VA 24212-1688, telephone (276) 676-4845, FAX (276) 676-4899, or email sdwilliams@deq.virginia.gov.

Study to Restore Water Quality in the Powell River

Announcement of a public meeting and an effort to restore water quality in the Powell River including the North Fork Powell River, South Fork Powell River, Butcher Fork, Wallen Creek, Bailey's Trace, Ely Creek, Gin Creek, Lick Branch, Puckett Creek, and Stone Creek in Lee County and Wise County, Virginia.

Public meeting location: The meeting will be held at Conference Room 219 in the Virginia Department of Mines, Minerals, and Energy's Buchanan-Smith Building, 3405 Mountain Empire Road, Big Stone Gap, Virginia, January 28, 2010, from 6 p.m. to 8 p.m. (in case of inclement weather the snow date will be February 4, 2010, from 6 p.m. to 8 p.m.)

Purpose of notice: To seek public comment and announce a public meeting on a water quality improvement study by the Virginia Department of Environmental Quality (DEQ), Department of Mines Minerals and Energy, and Department of Conservation and Recreation for Powell River including the North Fork Powell River, South Fork Powell River, Butcher Fork, Wallen Creek, Bailey's Trace, Ely Creek, Gin Creek, Lick Branch, Puckett Creek, and Stone Creek in southwest Virginia.

Meeting description: Final public meeting on a study to restore water quality.

Description of study: DEQ has identified sources of pollutants affecting the aquatic organisms and sources of bacteria contamination in the waters of the Powell River including the North Fork Powell River, South Fork Powell River, Butcher Fork, Wallen Creek, Bailey's Trace, Ely Creek, Gin Creek, Lick Branch, Puckett Creek, and Stone Creek in Lee County and Wise County, Virginia. The stream is impaired for failing to meet the aquatic life use based on violations of the general standard for aquatic organisms and failure to meet the recreational use because of fecal coliform bacteria violations, as well as violation of the E. coli standard.

The draft study identifies the pollutants impairing the aquatic community and total maximum daily loads (TMDL) have been 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. DEQ also determined the sources of bacteria contamination and developed a TMDL for bacteria. 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 for the draft study report. 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, January 28, 2010, to March 1, 2010. DEQ also accepts written and oral comments at the public meeting announced in this notice.

To review draft TMDL report: The draft TMDL reports on the impaired waters are available after January 27, 2010, from the contact below or on the DEQ website at www.deq.virginia.gov/tmdl.

Contact for additional information: Shelley D. Williams, Regional TMDL Coordinator, Virginia Department of Environmental Quality, Southwest Regional Office, 355 Deadmore Street, P. O. Box 1688, Abingdon, VA 24212-1688, telephone (276) 676-4845, FAX (276) 676-4899, or email sdwilliams@deq.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 November 24, 2009. The orders may be viewed at the State Lottery Department, 900 East 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 Eighty-Six (09)

Virginia's Instant Game Lottery 1152 "Jumbo Bucks" Final Rules for Game Operation (effective 11/23/09)

STATE WATER CONTROL BOARD

Proposed Consent Special Order

An enforcement action has been proposed for Howard Hughes Medical Institute for alleged violations at the Janelia Farm Research Campus in Loudoun County, Virginia, stemming from a fuel oil spill that occurred at the Janelia Farm Research Campus. The proposed consent order requires corrective action and a civil charge. 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 stephanie.bellotti@deq.virginia.gov, FAX (703) 583-3821, or postal mail at Virginia Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from December 22, 2009, to January 21, 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.