GENERAL NOTICES/ERRATA
Vol. 27 Iss. 1 - September 13, 2010

GENERAL NOTICES/ERRATA

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

2009 Annual Report, Agricultural Stewardship Act

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, 2009 - March 31, 2010: A Positive Approach." Copies of this report can be obtained by contacting Joyce Knight at (804) 786-3538 or email at joyce.knight@vdacs.virginia.gov. 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. An email request is acceptable. Copies of the annual report are available without charge.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Notice of Public Meeting

Environmental Study - Portions of Campbell, Bedford, and Amherst Counties and the City of Lynchburg

Purpose of notice: To seek public comment and announce a public meeting on two water quality studies by the Department of Environmental Quality (DEQ) for eight stream segments that drain from portions of Campbell, Bedford, and Amherst Counties and the City of Lynchburg and are located within the James River watershed.

Public meeting: Thursday, September 30, 2010 from 6:30 p.m. to 8:30 p.m. The meeting will be held in the community room of the Lynchburg Public Library, 2315 Memorial Avenue, Lynchburg, VA.

Comment period: October 1, 2010, to November 1, 2010.

Meeting description: Virginia agencies are working to identify and eliminate sources of bacteria contamination in eight stream segments from the James River watershed in Central Virginia that currently exceed DEQ water quality standards and are listed on the "impaired," or dirty waters, list. The local streams included in the studies are: 18.43 miles of James River, 5.37 miles of Ivy Creek, 5.9 miles of Tomahawk Creek, 3.47 miles of Burton Creek, 10.55 miles of Judith Creek, 5.45 miles of Fishing Creek, 10.24 miles of Blackwater Creek, and 8.5 miles of Beaver Creek.

The pending public meeting will allow public comment and questions on two water quality studies that include:

1. An amendment to the James River total maximum daily load (TMDL) developed and adopted in 2007.  The TMDL study provides a summary of the source of pollutants within the stream segments and provides a summary of the amount of pollutant that must be removed to meet water quality standards for the eight stream segments.

2. The James River TMDL implementation plan, or watershed management plan, presents an outline of voluntary actions or practices that should be utilized within the region to clean up or meet the water quality standard (TMDL) for the local streams.

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. DEQ also accepts written and oral comments at the public meeting announced in this notice. Written comments should be directed to Paula Nash, DEQ, 7705 Timberlake Road, Lynchburg, VA 24502, email paula.nash@deq.virginia.gov, telephone (434) 582-5120 or to Kelly Hitchcock, Virginia's Region 2000 Local Government Council, 828 Main Street, 12th Floor, Lynchburg, VA 24504, email khitchcock@region2000.org, telephone (434) 845-3491.

Additional information: For additional information on the James River Basin TMDL or the James River TMDL implementation plan, contact Kelly Hitchcock, contact information above, or go to the Environmental Section of the Virginia's Region 2000 Local Government Council website at http://region2000.org/environmental-services.html, or the DEQ website at www.deq.virginia.gov.

Notice of Public Meeting - Restore Water Quality in the Little River Watershed

Public meeting: Tuesday, September 28, 2010, from 7 p.m. to 9 p.m. The meeting will be held at Sinkland Farms, 3020 Riner Road, Christiansburg, VA. Directions: From Interstate 81, take exit 114. Go South on Route 8 towards Riner/Floyd. Sinkland Farms is 2 miles on the left at 3020 Riner Road. From Floyd, take Route 8 for about 17 miles. Turn right at 3020 Riner Road.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) announces a public meeting to discuss a study to restore water quality in the Little River watershed.

Description of study: Virginia agencies are working to identify sources of bacteria, temperature, and biological impairment (general standard) in the Little River watershed. The general standard indicates the water quality does not support a natural aquatic invertebrate community.

The following is the "impaired" stream, the length of the impaired segment, location, and the reason for the impairment:

Little River, 42.71 miles, Floyd, Montgomery and Pulaski Counties, bacteria

Little River Reservoir, 60.44 acres, Pulaski and Montgomery Counties, bacteria

Little River, 16.99 miles, Montgomery County, general standard (aquatic invertebrate community)

Meadow Creek, 4.49 miles, Montgomery County, bacteria

Mill Creek, Poplar Branch, Unnamed Tributaries to Mill Creek, 15.25 miles, Montgomery County, bacteria

Brush Creek, 5.76 miles, Montgomery County, bacteria

Little River, 33.55 miles, Floyd County, temperature and bacteria

Meadow Run, 3.70 miles, Floyd County, bacteria and general standard (aquatic invertebrate community)

Pine Creek, 3.68 miles, Floyd County, bacteria and temperature

Laurel Creek, 3.26 miles, Floyd County, bacteria

Dodd Creek and West Fork Dodd Creek, 15.41 miles, Floyd County, bacteria

Dodd Creek, 6.28 miles, Floyd County, temperature

West Fork Dodd Creek, 1.17 miles, Floyd County, temperature

Big Indian Creek, 7.56 miles, Floyd County, temperature

The state agencies developed a total maximum daily load, (TMDL) 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 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 October 28, 2010. DEQ also accepts written and oral comments at the public meeting announced in this notice.

Contact for additional information: Mary Dail, Virginia Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, telephone (540) 562-6715, FAX (540) 562-6860, or email mary.dail@deq.virginia.gov.

Proposed Consent Order for Winchester Homes, Inc.

An enforcement action has been proposed for Winchester Homes, Inc. for alleged violations in Spotsylvania County associated with the Glenhaven South Subdivision development project. The consent order describes a settlement to resolve unpermitted impacts taken to a stream channel associated with the Glenhaven South Subdivision development project. 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 daniel.burstein@deq.virginia.gov, FAX at (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from September 14, 2010, to October 14, 2010.

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, 2010, and August 24, 2010. 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-Seven (10)

Virginia Lottery's "Winner's Circle Sweepstakes" Final Rules for Game Operation (effective August 23, 2010)

Director's Order Number Seventy-One (10)

Virginia's Instant Game Lottery 1204; "Blackjack Showdown" Final Rules for Game Operation (effective August 12, 2010)

Director's Order Number Seventy-Two (10)

"Virginia Lottery's Redskins Legacy Stay in the Game Sweepstakes" Final Rules for Game Operation (effective August 23, 2010)

* * * * * * * *

The following Director's Order of the State Lottery Department was filed with the Virginia Registrar of Regulations on August 24, 2010.

Director's Order Number Seventy-Three (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 September 3, 2010.

Game 1065

Jewel 7's

Game 1075

Blackjack

Game 1113

On A Roll!

Game 1120

Flying Aces

Game 1124

Double Dollars

Game 1125

Fire N' Dice

Game 1129

Wild Bill$

Game 1147

Goin' Green

Game 1148

Spades

Game 1153

Double Latte Cash

Game 1155

Classic Poker

Game 1158

Find the 9's Tripler

Game 1160

Triple Fortune

Game 1163

$15,000 Payday

Game 1169

American Idol

Game 1171

Super Lucky 8's

Game 1174

Fat Cat

The last day for lottery retailers to return for credit unsold tickets from any of these games will be October 8, 2010. The last day to redeem winning tickets for any of these games will be March 2, 2011, 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 March 2, 2011, 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

August 23, 2010

STATE WATER CONTROL BOARD

Proposed Action for Town of Culpeper

An enforcement action has been proposed for the Town of Culpeper for alleged violations at the Town of Culpeper Wastewater Treatment Plant. The violations to be addressed include violations of Virginia Pollutant Discharge Elimination System Permit No. VA0061590. 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 stephanie.bellotti@deq.virginia.gov, FAX at (703) 583-3821, or postal mail at Virginia Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from September 14, 2010, to October 14, 2010.

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 (804) 786-3591; FAX (804) 692-0625; Email: varegs@dls.virginia.gov.

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 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.