REGISTER INFORMATION PAGE
Vol. 27 Iss. 6 - November 22, 2010

The Virginia Register OF REGULATIONS is an official state publication issued every other week throughout the year. Indexes are published quarterly, and are cumulative for the year. The Virginia Register has several functions. The new and amended sections of regulations, both as proposed and as finally adopted, are required by law to be published in the Virginia Register. In addition, the Virginia Register is a source of other information about state government, including petitions for rulemaking, emergency regulations, executive orders issued by the Governor, and notices of public hearings on regulations.

ADOPTION, AMENDMENT, AND REPEAL OF REGULATIONS

An agency wishing to adopt, amend, or repeal regulations must first publish in the Virginia Register a notice of intended regulatory action; a basis, purpose, substance and issues statement; an economic impact analysis prepared by the Department of Planning and Budget; the agency’s response to the economic impact analysis; a summary; a notice giving the public an opportunity to comment on the proposal; and the text of the proposed regulation.

Following publication of the proposal in the Virginia Register, the promulgating agency receives public comments for a minimum of 60 days. The Governor reviews the proposed regulation to determine if it is necessary to protect the public health, safety and welfare, and if it is clearly written and easily understandable. If the Governor chooses to comment on the proposed regulation, his comments must be transmitted to the agency and the Registrar no later than 15 days following the completion of the 60-day public comment period. The Governor’s comments, if any, will be published in the Virginia Register. Not less than 15 days following the completion of the 60-day public comment period, the agency may adopt the proposed regulation.

The Joint Commission on Administrative Rules (JCAR) or the appropriate standing committee of each house of the General Assembly may meet during the promulgation or final adoption process and file an objection with the Registrar and the promulgating agency. The objection will be published in the Virginia Register. Within 21 days after receipt by the agency of a legislative objection, the agency shall file a response with the Registrar, the objecting legislative body, and the Governor.

When final action is taken, the agency again publishes the text of the regulation as adopted, highlighting all changes made to the proposed regulation and explaining any substantial changes made since publication of the proposal. A 30-day final adoption period begins upon final publication in the Virginia Register.

The Governor may review the final regulation during this time and, if he objects, forward his objection to the Registrar and the agency. In addition to or in lieu of filing a formal objection, the Governor may suspend the effective date of a portion or all of a regulation until the end of the next regular General Assembly session by issuing a directive signed by a majority of the members of the appropriate legislative body and the Governor. The Governor’s objection or suspension of the regulation, or both, will be published in the Virginia Register. If the Governor finds that changes made to the proposed regulation have substantial impact, he may require the agency to provide an additional 30-day public comment period on the changes. Notice of the additional public comment period required by the Governor will be published in the Virginia Register.

The agency shall suspend the regulatory process for 30 days when it receives requests from 25 or more individuals to solicit additional public comment, unless the agency determines that the changes have minor or inconsequential impact.

A regulation becomes effective at the conclusion of the 30-day final adoption period, or at any other later date specified by the promulgating agency, unless (i) a legislative objection has been filed, in which event the regulation, unless withdrawn, becomes effective on the date specified, which shall be after the expiration of the 21-day objection period; (ii) the Governor exercises his authority to require the agency to provide for additional public comment, in which event the regulation, unless withdrawn, becomes effective on the date specified, which shall be after the expiration of the period for which the Governor has provided for additional public comment; (iii) the Governor and the General Assembly exercise their authority to suspend the effective date of a regulation until the end of the next regular legislative session; or (iv) the agency suspends the regulatory process, in which event the regulation, unless withdrawn, becomes effective on the date specified, which shall be after the expiration of the 30-day public comment period and no earlier than 15 days from publication of the readopted action.

A regulatory action may be withdrawn by the promulgating agency at any time before the regulation becomes final.

FAST-TRACK RULEMAKING PROCESS

Section 2.2-4012.1 of the Code of Virginia provides an exemption from certain provisions of the Administrative Process Act for agency regulations deemed by the Governor to be noncontroversial.  To use this process, Governor's concurrence is required and advance notice must be provided to certain legislative committees.  Fast-track regulations will become effective on the date noted in the regulatory action if no objections to using the process are filed in accordance with § 2.2-4012.1.

EMERGENCY REGULATIONS

Pursuant to § 2.2-4011 of the Code of Virginia, an agency, upon consultation with the Attorney General, and at the discretion of the Governor, may adopt emergency regulations that are necessitated by an emergency situation. An agency may also adopt an emergency regulation when Virginia statutory law or the appropriation act or federal law or federal regulation requires that a regulation be effective in 280 days or less from its enactment. The emergency regulation becomes operative upon its adoption and filing with the Registrar of Regulations, unless a later date is specified. Emergency regulations are limited to no more than 12 months in duration; however, may be extended for six months under certain circumstances as provided for in § 2.2-4011 D. Emergency regulations are published as soon as possible in the Register.

During the time the emergency status is in effect, the agency may proceed with the adoption of permanent regulations through the usual procedures. To begin promulgating the replacement regulation, the agency must (i) file the Notice of Intended Regulatory Action with the Registrar within 60 days of the effective date of the emergency regulation and (ii) file the proposed regulation with the Registrar within 180 days of the effective date of the emergency regulation. If the agency chooses not to adopt the regulations, the emergency status ends when the prescribed time limit expires.

STATEMENT

The foregoing constitutes a generalized statement of the procedures to be followed. For specific statutory language, it is suggested that Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia be examined carefully.

CITATION TO THE VIRGINIA REGISTER

The Virginia Register is cited by volume, issue, page number, and date. 26:20 VA.R. 2510-2515 June 7, 2010, refers to Volume 26, Issue 20, pages 2510 through 2515 of the Virginia Register issued on
June 7, 2010.

The Virginia Register of Regulations is published pursuant to Article 6 (§ 2.2-4031 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia.

Members of the Virginia Code Commission: John S. Edwards, Chairman; Bill Janis, Vice Chairman; James M. LeMunyon; Ryan T. McDougle; Robert L. Calhoun; Frank S. Ferguson; E.M. Miller, Jr.; Thomas M. Moncure, Jr.; Jane M. Roush; Patricia L. West.

Staff of the Virginia Register: Jane D. Chaffin, Registrar of Regulations; June T. Chandler, Assistant Registrar.


PUBLICATION SCHEDULE AND DEADLINES
Vol. 27 Iss. 6 - November 22, 2010

November 2010 through December 2011

Volume: Issue

Material Submitted By Noon*

Will Be Published On

27:6

November 3, 2010

November 22, 2010

27:7

November 16, 2010 (Tuesday)

December 6, 2010

27:8

December 1, 2010

December 20, 2010

27:9

December 14, 2010 (Tuesday)

January 3, 2011

27:10

December 28, 2010 (Tuesday)

January 17, 2011

27:11

January 12, 2011

January 31, 2011

27:12

January 26, 2011

February 14, 2011

27:13

February 9, 2011

February 28, 2011

27:14

February 23, 2011

March 14, 2011

27:15

March 9, 2011

March 28, 2011

27:16

March 23, 2011

April 11, 2011

27:17

April 6, 2011

April 25, 2011

27:18

April 20, 2011

May 9, 2011

27:19

May 4, 2011

May 23, 2011

27:20

May 18, 2011

June 6, 2011

27:21

June 1, 2011

June 20, 2011

27:22

June 15, 2011

July 4, 2011

27:23

June 29, 2011

July 18, 2011

27:24

July 13, 2011

August 1, 2011

27:25

July 27, 2011

August 15, 2011

27:26

August 10, 2011

August 29, 2011

28:1

August 24, 2011

September 12, 2011

28:2

September 7, 2011

September 26, 2011

28:3

September 21, 2011

October 10, 2011

28:4

October 5, 2011

October 24, 2011

28:5

October 19, 2011

November 7, 2011

28:6

November 2, 2011

November 21, 2011

28:7

November 15, 2011 (Tuesday)

December 5, 2011

*Filing deadlines are Wednesdays unless otherwise specified.


PETITIONS FOR RULEMAKING
Vol. 27 Iss. 6 - November 22, 2010

TITLE 12. HEALTH

STATE BOARD OF HEALTH

Initial Agency Notice

Title of Regulation: None specified.

Statutory Authority: § 32.1-12 of the Code of Virginia.

Name of Petitioner: Kenneth Strong.

Nature of Petitioner's Request: The petitioner requests that the Board of Health adopt, promulgate, and enforce a policy aimed at educating the public and decision makers in the environmental and health effects of extremely low frequency magnetic fields located inside high voltage electric power line right-of-ways.

Agency's Plan for Disposition of Request: The agency anticipates it will consider public comments, information submitted by the petitioner, and any additional information before determining what appropriate action is required.

Public Comment Deadline: December 12, 2010.

Agency Contact: Dwight Flammia, Ph.D., Public Health Toxicologist, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-8127.

VA.R. Doc. No. R11-18; Filed October 28, 2010, 9:04 a.m.

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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF PSYCHOLOGY

Initial Agency Notice

Title of Regulation: 18VAC125-30. Regulations Governing the Certification of Sex Offender Treatment Providers.

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Name of Petitioner: Maria S. Stransky.

Nature of Petitioner's Request: To amend regulations for supervision of applicants for certification as sex offender treatment providers to allow a percentage of supervision sessions by videoconference.

Agency's Plan for Disposition of Request: The board will discuss the petition at its meeting on February 8, 2011, and make a decision on whether to initiate regulatory action.

Public Comment Deadline: December 15, 2010.

Agency Contact: Evelyn B. Brown, Executive Director, Board of Psychology, 9960 Mayland Drive, Henrico, VA 23233, telephone (804) 367-4488, FAX (804) 527-4435, or email evelyn.brown@dhp.virginia.gov.

VA.R. Doc. No. R11-17; Filed October 29, 2010, 9:51 a.m.


NOTICES OF INTENDED REGULATORY ACTION
Vol. 27 Iss. 6 - November 22, 2010

TITLE 2. AGRICULTURE
Regulations Governing Pesticide Containers and Containment Under Authority of the Virginia Pesticide Control Act
Withdrawal of Notice of Intended Regulatory Action

The Pesticide Control Board has WITHDRAWN the Notice of Intended Regulatory Action for 2VAC20-60, Regulations Governing Pesticide Containers and Containment Under Authority of the Virginia Pesticide Control Act, which was published in 26:7 VA.R. 771 December 7, 2009.

Agency Contact: Liza Fleeson, Program Manager, Office of Pesticide Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 372-6371 ext: 559, FAX (804) 786-9149, or email liza.fleeson@vdacs.virginia.gov.

VA.R. Doc. No. R10-2121; Filed November 4, 2010, 11:08 a.m.
TITLE 8. EDUCATION
Regulations Governing Nutritional Guidelines for Competitive Foods Sold in Virginia Public Schools
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Education intends to consider promulgating the following regulation: 8VAC20-740, Regulations Governing Nutritional Guidelines for Competitive Foods Sold in Virginia Public Schools. The purpose of the proposed action is to establish nutritional guidelines for all foods sold to students in public schools during the regular school day that are not part of the national school lunch or school breakfast programs. The promulgation of this regulation is in compliance with Chapter 718 of the 2010 Acts of Assembly.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 22.1-207.4 of the Code of Virginia.

Public Comment Deadline: December 22, 2010.

Agency Contact: Mrs. Catherine Digilio-Grimes, Director of School Nutrition Programs, Department of Education, P.O. Box 2120, Richmond, VA 23218, telephone (804) 225-2074, or email catherine.digilio-grimes@doe.virginia.gov.

VA.R. Doc. No. R11-2611; Filed October 29, 2010, 9:56 a.m.
TITLE 12. HEALTH
Rabies Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider promulgating the following regulation: 12VAC5-105, Rabies Regulations. The purpose of the proposed action is to implement the revisions made to certain rabies related sections of the Code of Virginia by the 2010 Acts of Assembly. These regulations will inform and add detail to the five rabies related sections of the Code of Virginia that were modified and one completely new section that was developed as part of Chapters 182 and 834 of the 2010 Acts of Assembly. Specific goals of these regulations include: developing a system for rabies vaccine exemptions, creating definitions for common terms in the rabies related laws, and developing a model plan for rabies exposure response at the local level.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 32.1-12 of the Code of Virginia and the second enactment of Chapter 834 of the 2010 Acts of Assembly.

Public Comment Deadline: December 22, 2010.

Agency Contact: Julia Murphy, DVM, State Epidemiological Veterinarian, Department of Health, 109 Governor Street, 5th Floor, Richmond, VA 23219, telephone (804) 864-8113, FAX (804) 864-8131, or email julia.murphy@vdh.virginia.gov.

VA.R. Doc. No. R11-2637; Filed October 26, 2010, 10:09 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects intends to consider amending the following regulation: 18VAC10-20, Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects Regulations. Per Executive Order 14 (10), a general review of each regulation is required at least every four years. The purpose of the general review of this regulation is to update regulatory standards for experience, education, and training to reflect current industry standards. Additional changes to the regulation will be made as necessary.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 54.1-201 of the Code of Virginia.

Public Comment Deadline: December 22, 2010.

Agency Contact: Kathleen R. Nosbisch, Executive Director, Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (804) 527-4294, or email apelscidla@dpor.virginia.gov.

VA.R. Doc. No. R11-2357; Filed October 26, 2010, 1:48 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Virginia Lead-Based Paint Activities Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Virginia Board for Asbestos, Lead, and Home Inspectors intends to consider amending the following regulation: 18VAC15-30, Virginia Lead-Based Paint Activities Regulations. The purpose of the proposed action is to review and amend the regulation to remove the requirement that the lead license expiration date corresponds with the lead training expiration date. The current result is that lead license expiration dates may vary from one license cycle to another causing confusion among regulants. Most licenses issued under the Department of Professional and Occupational Regulation (DPOR) have a license cycle of one or two years and the expiration date is the last day of the month wherein issued. Amending these regulations will make the lead program license cycle consistent with other programs housed under DPOR, which will in turn lessen the confusion among regulants.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 54.1-501 of the Code of Virginia.

Public Comment Deadline: December 22, 2010.

Agency Contact: David Dick, Executive Director, Virginia Board for Asbestos, Lead, and Home Inspectors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8595, FAX (804) 527-4297, or email alhi@dpor.virginia.gov.

VA.R. Doc. No. R11-2634; Filed October 22, 2010, 3:39 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Fair Housing Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Real Estate Board intends to consider amending the following regulation: 18VAC135-50, Fair Housing Regulations. The purpose of the proposed action is to make clarifying changes and ensure consistency with federal and state law. Other changes that may be necessary may also be considered.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 36-96.8 and 54.1-2105 of the Code of Virginia.

Public Comment Deadline: December 22, 2010.

Agency Contact: Christine Martine, Executive Director, Real Estate Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, FAX (804) 527-4299, or email reboard@dpor.virginia.gov.

VA.R. Doc. No. R11-2269; Filed October 26, 2010, 9:15 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Board for Contractors Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board for Contractors intends to consider amending the following regulation: 18VAC50-22, Board for Contractors Regulations. The purpose of the proposed action is to add Accessibility Services Contracting as a new specialty and to amend the definition of "modular/manufactured building contracting" to comply with new federal Housing and Urban Development requirements.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 54.1-201 of the Code of Virginia.

Public Comment Deadline: December 22, 2010.

Agency Contact: Eric L. Olson, Executive Director, Board for Contractors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2785, FAX (804) 527-4401, or email contractors@dpor.virginia.gov.

VA.R. Doc. No. R11-2636; Filed October 26, 2010, 9:05 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Individual License and Certification Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board for Contractors intends to consider amending the following regulation: 18VAC50-30, Individual License and Certification Regulations. The purpose of the proposed action is to add a definition of "certified accessibility mechanics," the criteria for such certification, the fees associated with such certification, the continuing education associated with such certification, prohibited acts, and the jurisdiction of the board over such regulants. The proposed amendments also include an endorsement for limited use/limited application elevators.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.

Public Comment Deadline: December 22, 2010.

Agency Contact: Eric L. Olson, Executive Director, Board for Contractors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2785, FAX (804) 527-4401, or email contractors@dpor.virginia.gov.

VA.R. Doc. No. R11-2485; Filed October 26, 2010, 1:46 p.m.

REGULATIONS
Vol. 27 Iss. 6 - November 22, 2010

TITLE 2. AGRICULTURE
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Final Regulation

REGISTRAR'S NOTICE: The Department of Agriculture and Consumer Services is claiming an exemption from the Administrative Process Act in promulgating 2VAC5-325, Regulations Governing Pine Shoot Beetle. This regulation is promulgated pursuant to § 3.2-703 of the Code of Virginia, which provides authority for the Board of Agriculture and Consumer Services to quarantine this Commonwealth or any portion thereof when it determines that such action is necessary to prevent or retard the spread of a pest into, within, or from this Commonwealth.

Title of Regulation: 2VAC5-325. Regulations Governing Pine Shoot Beetle (amending 2VAC5-325-30).

Statutory Authority: §§ 3.2-701 and 3.2-703 of the Code of Virginia.

Effective Date: November 5, 2010.

Agency Contact: Larry Nichols, Program Manager, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 371-3515, FAX (804) 371-7793, or email larry.nichols@vdacs.virginia.gov.

Summary:

By authority granted under § 3.2-703 of the Code of Virginia, the Commissioner of Agriculture and Consumer Services has extended the area regulated under the Regulations Governing Pine Shoot Beetle due to the detection of adult Pine Shoot Beetle in Loudoun County. The amendment will add the county of Loudoun to the Regulations Governing Pine Shoot Beetle to delay the long distance (artificial) spread of the pine shoot beetle from infested areas to noninfested areas.

The quarantine restricts the movement of regulated articles, as defined in 2VAC5-325-20, from regulated localities to nonregulated localities. The regulated articles include pine products that pose a significant risk of transporting the pine shoot beetle, such as bark nuggets (including bark chips), Christmas trees, logs with bark attached, lumber with bark attached, nursery stock, raw pine material for wreaths and garland, and stumps. Regulated articles may move freely within the regulated areas.

2VAC5-325-30. Regulated areas.

The following areas in Virginia:

The entire county counties of:

Clarke

Loudoun

VA.R. Doc. No. R11-2629; Filed November 5, 2010, 3:43 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF CONSERVATION AND RECREATION
Final Regulation

REGISTRAR'S NOTICE: The Department of Conservation and Recreation is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 1 of the Code of Virginia, which excludes agency orders or regulations fixing rates or prices. The Department of Conservation and Recreation will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 4VAC5-36. Standard Fees for Use of Department of Conservation and Recreation Facilities, Programs, and Services (amending 4VAC5-36-50 through 4VAC5-36-120, 4VAC5-36-140, 4VAC5-36-150, 4VAC5-36-160, 4VAC5-36-180 through 4VAC5-36-210).

Statutory Authority: § 10.1-104 of the Code of Virginia.

Effective Date: January 1, 2011.

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

Summary:

These amendments alter fees in the following regulations: parking and launch fees (4VAC5-36-50); admission fees (4VAC5-36-60); swimming fees (4VAC5-36-70); commercial and nonprofit user fees (4VAC5-36-80); camping fees; (4VAC5-36-90); cabin fees (4VAC5-36-100); picnic shelter fees (4VAC5-36-110); amphitheater and gazebo fees (4VAC5-36-120); interpretive canoe, boat, and paddleboat fees (4VAC5-36-140); interpretive and educational tours and program fees (4VAC5-36-150); outdoor skill program fees (4VAC5-36-160); state park performing arts center fees (4VAC5-36-180); environmental education center fees (4VAC5-36-190); miscellaneous rental fees (4VAC5-36-200); and conference center and meeting facility fees (4VAC5-36-210).

Increases to these rates and prices represent changes to maintain fair market value, the addition of new facilities and offerings, updates to ensure consistency with the private sector, and revisions to reflect private concessionaires' new seasonal prices.

4VAC5-36-50. Parking and launch fees.

PARKING FEES (NONTAXABLE)

WEEKDAYS

WEEKENDS

Daily Parking for Passenger Vehicles: Applies to cars, trucks, vans (up to 15 passenger), and motorcycles.

All parks unless listed below.

$2.00

$3.00

Parks under construction and having only limited facilities and services.

$2.00

$2.00

Fairy Stone, Raymond R. "Andy" Guest Jr. Shenandoah River, Smith Mountain Lake, Claytor Lake, Kiptopeke, Westmoreland, Mason Neck, Sky Meadows, Chippokes

$3.00

$4.00

Leesylvania, First Landing, Lake Anna, Pocahontas

$4.00

$5.00

York River Croaker Landing/Pier Area (also requires boat launch fee for all vehicles)

$3.00

$3.00

Horse Trailer Parking Fee (also requires vehicle parking fee.) All parks unless listed below.

$3.00 per trailer

$3.00 per trailer

Lake Anna

$4.00 per trailer

$4.00 per trailer

Surcharge for additional horse in same trailer.

$2.00 per horse

$2.00 per horse

Other Trailer Parking Fee: Applies to other trailers not covered by camping, horse trailer and boat launch fee. (Add to daily parking fee.)

$2.00 per trailer

$2.00 per trailer

Daily Bus Parking: All Seasons. Applies to vehicles with 16 or more passenger capacity.

All parks unless listed below.

$10

$10

Claytor Lake, Hungry Mother, Leesylvania, Mason Neck, New River Trail

$12

$12

First Landing, Kiptopeke, Lake Anna, Pocahontas, Westmoreland

$15

$15

Natural Area Preserve Parking Fees for any Vehicle: The department may charge these fees at any Natural Area Preserve.

$2.00

$2.00

Boat Launch Fees: Required to use park boat ramps on bodies of water where motorboats are permitted. Required for all vehicles using York River Croaker Landing/Pier Area. May not apply to small "car-top" launch facilities (facilities at which boats may only be launched by hand carrying them to the water). The fee is normally added to the parking fee to create a combined park/launch payment.

Daily Launch Fees: All Seasons

All parks unless listed below.

$3.00

$3.00

Claytor Lake

$2.00

$2.00

First Landing, Kiptopeke (with Marine Fishing License), Lake Anna

$4.00

$4.00

Kiptopeke (without Marine Fishing License), Leesylvania

$8.00

$8.00

Surcharge for second boat on same trailer: jet ski

$2.00

$2.00

Overnight parking at boat launch: where available

$10

$10

Camper's Boat Launch Fee Kiptopeke: Does not apply if camper parks trailer at campsite.

$3.00

$3.00

Boat Tournament Fee for Fishing Tournaments: Registration fee is based on the number of boats registered and is nonrefundable regardless of number that actually participates. This fee is in addition to the applicable daily launch fee.

No charge

$2.00 per boat

FEE

Annual and Lifetime Parking Fees:

Lifetime Naturally Yours Passport Plus: Lifetime admission and parking pass to all state parks, plus 10% discount on camping, all state park merchandise, equipment rentals, and shelter rentals.

Age up to 40

$303

Age 41-45

$273

Age 46-50

$242

Age 51-55

$212

Age 56‑61

$182

Senior Lifetime Naturally Yours Passport Plus (Age 62 or older): See Lifetime Naturally Yours Passport Plus above.

$110

Naturally Yours Passport Plus: 12-month from date of purchase admission and parking pass to all state parks, plus 10% discount on camping, all state park merchandise, equipment rentals, and shelter rentals.

$61

Naturally Yours Parking Passport: 12-month from date of purchase admission and parking pass to park of purchase.

$36

Senior Naturally Yours Passport Plus: See Naturally Yours Passport Plus above.

$33

Senior Naturally Yours Parking Passport: See Naturally Yours Parking Passport above.

$22

Golden Disability Pass: Available to persons with disabilities as verified by U.S. Social Security Administration's (SSA) "Benefit Verification Letter." Pass remains in effect unless SSA withdraws eligibility.

No Charge

Disabled Veterans Passport

Admission, parking, and launch pass to all state parks, plus 50% discount on camping fees, swimming fees, shelter rentals, and department equipment rentals when provided by the department. Where equipment rentals are provided by private concessionaires, this passport does not apply.

The passport shall be issued upon request to a veteran of the armed forces of the United States with a letter from the U.S. Department of Veterans Affairs, or from the military service that discharged the veteran, certifying that such veteran has a service-connected disability rating of 100%. This passport coverage shall be valid for as long as that determination by the U.S. Department of Veterans Affairs remains in effect.

No Charge

Annual Horse Trailer-Vehicle Pass: 12-months from date of purchase admission and park pass, including horse trailer, good at all parks.

$79

Annual Horse Trailer-Vehicle Pass: Pocahontas and New River Trail Only. Valid only in combination with purchase of $30 horse arena annual pass.

$70

Annual Horse Trailer-Vehicle Pass: Occoneechee and Staunton River Only

$50

Annual and Lifetime Park/Launch Fees:

Lifetime Naturally Yours Passport Plus for Boaters: Lifetime admission, parking, and launch pass to all state parks, plus 10% discount on camping, all state park merchandise, equipment rentals, and shelter rentals.

Age up to 40

$606

Age 41-45

$545

Age 46-50

$485

Age 51-55

$424

Age 56‑61

$364

Senior Lifetime Naturally Yours Passport Plus for Boaters (Age 62 or older): See Lifetime Naturally Yours Passport Plus for Boaters above.

$314

Naturally Yours Passport Plus for Boaters: 12-month from date of purchase admission, parking, and launch pass to all state parks, plus 10% discount on camping, all state park merchandise, equipment rentals, and shelter rentals.

$152

Park/Launch Passport:

12-month from date of purchase admission, parking, and launch pass to all state parks including Leesylvania.

$128

12-month from date of purchase admission, parking, and launch pass to First Landing, Kiptopeke, or Lake Anna. Good only at park of purchase.

$97

12-month from date of purchase admission, parking, and launch pass to park of purchase other than Leesylvania, First Landing, Kiptopeke, or Lake Anna.

$79

Senior Naturally Yours Passport Plus for Boaters: Annual permit for all parks including Leesylvania.

$121

Senior Park/Launch Passport:

12-month from date of purchase admission, parking, and launch pass to all state parks including Leesylvania.

$109

12-month from date of purchase admission, parking, and launch pass to First Landing, Kiptopeke, or Lake Anna. Good only at park of purchase.

$79

12-month from date of purchase admission, parking, and launch pass to park of purchase other than Leesylvania, First Landing, Kiptopeke, or Lake Anna.

$66

Buggs Island Lake Special Annual Pass: Good only at Occoneechee and Staunton River State Parks.

$50

Leesylvania Annual Overnight Boating/Parking Pass.

$67

Disabled Visitor Annual Boat Launch Pass (in addition to disabled tags).

$44

Special Event Fees:

EVENT FEE

Standard Special Event Parking Fee: Applies to all parks and events that utilize parking fees unless noted below.

$10 per vehicle

Community Event Fee: May be used by any park as a condition of a Special Use Permit for a community event provided by a nonprofit group or organization or government agency or entity.

$1.00 per vehicle

Sky Meadows: Strawberry Festival.

Advance payment

$15 per vehicle

Day of Event

$20 per vehicle

New River Trail: Wythe County Heritage Day. Grayson Highlands Fall Festival. Hungry Mother Arts and Crafts Festival.

$6.00 per vehicle

Claytor Lake Arts and Crafts Festival.

$5.00 per vehicle with canned food donation on designated day

$10 per vehicle

Kiptopeke: Eastern Shore Birding Festival.

Parking Fee waived to registered festival guests; otherwise standard fees apply

Smith Mountain Lake: special park/launch rate for boaters participating in fishing tournaments if the tournament sponsor has also rented the Tournament Headquarters Building.

$5.00 per vehicle/ boat combination

Standard Special Event Per Person Entrance Fee: Applies to all parks and events that utilize per person admission fees unless noted below.

$4.00 per adult
$3.00 per child, 6 through 12 years
Children under 6 free

Sailor's Creek Battlefield: Battle of Sailor's Creek Reenactment.

$5.00 per person
Children under 6 free
$10 maximum per vehicle
$50 per bus (16 passenger +)

Chippokes Plantation Steam and Gas Engine Show.

$5.00 per person
Children under 12 free

Chippokes Plantation Christmas.

$5.00 per person

Chippokes Gospel Explosion.

$10 per person
$7.00 for advance ticket purchase
Children under 12 free

Chippokes Pork, Peanut & Pine Festival.

$5 per person
Children under 13 free

Grayson Highlands Wayne C. Henderson Music Festival.

$10 per person
Children under 12 free

York River Estuaries Day.

$2.00 (Age 3 through 12)
$3.00 (Age 13 and over)

Natural Tunnel Special Event Parking Fee.

$2.00 per person
$6.00 per vehicle

Occoneechee Pow Wow.

$5.00 per person (13 years and older)
$3.00 per child, 3 through 12 years
$3.00 Seniors (62 and over)
Children under 3 free

Occoneechee Pow Wow School Groups

$4.00 per student Teachers and Chaperones free

Notes on parking fees:

1. Weekend rates apply on Memorial Day, Fourth of July, and Labor Day holidays.

2. No parking fee is required for up to two vehicles per campsite and per cabin at any state park during the period of overnight stay. Vehicles in excess of two shall pay the prevailing daily parking fee for each day that the vehicle is parked in the park.

3. 2. Except as otherwise noted, boat launching shall be free for up to one boat per vehicle per campsite or , cabin, lodge, camping cabin, travel trailer, or camping lodge.

4. 3. Parking fees are waived for any vehicle displaying disabled license plates or temporary disabled parking identification issued by any state or the federal government. However, the fee for any additional types of trailers, the boat launch fee or the portion of any combined parking-launching fee that applies to boat launching shall be collected from such vehicles. Additionally, the price for annual passes and lifetime passes that include boat launching for qualified disabled individuals shall be calculated by subtracting the applicable parking pass fee from the park/launch pass fee.

5. 4. Parking fees are waived for any vehicle occupied solely by students and/or teachers and/or assisting personnel participating in an official activity of a bona fide school, home school, or institution of higher learning. Parks may require that individuals in vehicles other than those marked as a school bus verify their official activity by letter from the school or approved field trip form, or in the case of home school groups, proof of home school status such as current ID card from a state or national home school organization (HEAV, HSLDA, etc.) or a copy of the letter from the school district that acknowledges "Notice of Intent" to home school for that school year.

6. 5. Parking fees are waived for official vehicles of federal, state, and local governments while on official business; vehicles making deliveries to the park; contractor and business vehicles performing work in the park; and emergency vehicles while conducting official business, including training.

7. 6. Parking fees are waived for park employees during time of employment, including family and household members of staff occupying staff residences, visitors to staff residences, and park volunteers entering the park to perform volunteer duties.

8. 7. Parking fees may be waived for vehicles conducting research or collecting activities provided such waiver is included in the language of the Research and Collection Permit as required in 4VAC5-30-50.

9. 8. The period covered by a daily parking fee shall be midnight to midnight. Park guests utilizing overnight parking when and where available (e.g., backpackers, overnight fishermen, etc.) will be required to pay the applicable daily parking fee for each calendar day that their vehicle is in the parking lot (partial days included).

10. 9. Annual permits shall be valid for 12 months from the date of purchase, unless otherwise noted.

11. 10. Parking fees are waived for visitors entering the park for the sole purpose of dining at the park restaurant at Douthat and Hungry Mother State Parks.

12. 11. Parking fees are waived at state parks for participants in Walk for Parks, Fall River Renaissance, Envirothons, March for Parks, Operation Spruce-Up Day, Stewardship Virginia, National Trails Day, and other park-sanctioned public service events as approved by the director.

13. 12. Daily parking fees are reduced to $1.00 for vehicles occupied by participants in fund-raising events sponsored by nonprofit organizations (Walk-A-Thons, etc.) provided the sponsor has obtained a special use permit from the park that contains provisions for the identification of participants in the event.

14. 13. Parking fees shall be waived for persons using park roads to gain legal access to their private residence and guests to such residences; and for vehicles passing through, but not stopping in, a park on a public roadway.

15. 14. Revenue collected from special event parking and/or admission fees may be divided between the park and the event sponsor if so designated and approved in the special event permit following a determination made by the director that the revenue split is in the benefit of the Commonwealth.

16. 15. Annual Park/Launch pass also covers the park entrance or parking fee for horse trailers or other allowable trailers. Annual and Lifetime parking-only passes do not include trailers.

17. 16. Parking fees are waived for service vehicles such as tow trucks when entering the park to service a visitor vehicle.

18. 17. Parking fees are waived for visitors entering the park to attend a performance by a U.S. military band if this is a required condition for the band's performance.

19. 18. Parking fees are included in the rental fees for meeting facilities, up to the capacity of the facility and provided that this waiver of fee is included in the rental agreement for the facility.

20. 19. Parking fees are waived for a period of up to 15 minutes for persons entering the park to deposit materials in community recycling collection containers.

21. 20. Parking fees are waived for vehicles occupied entirely by persons attending fee interpretive programs.

22. 21. Annual parking passes that do not include boat launch require payment of daily launch fee if launching a boat at any park or for all vehicles using Croaker Landing/Pier Area at York River State Park.

23. 22. Annual parking pass holders are not guaranteed the parking privileges of the pass should parking places be unavailable.

24. 23. Parking fees are waived at Mason Neck during the park's annual Elizabeth Hartwell Eagle Festival.

25. 24. The payment of a parking fee at one park shall be applied to parking at any state park on the same day provided that the visitor supplies evidence of the paid parking fee.

25. Annual passes are issued to the purchaser and members of the same household and may not be transferred. Improper transfer or use may result in revocation of the pass without refund.

26. Parking fees are waived at all state parks on Veterans Day, November 11, of each year.

4VAC5-36-60. Admission fees.

ADMISSION FEES (NONTAXABLE)

DAILY ADMISSION PER PERSON (Weekdays and Weekends unless otherwise noted.)

ANNUAL PASS (Good for 12 months from date of purchase.)

Shot Tower

Free

NA

Southwest VA Museum

$1.50 (Groups of 10 or more: age 6 through 12)
$3.00 (Groups of 10 or more: age 13 and up)

NA

$2.00 (Ages 6 through 12)

$5.00 (age 6 through 12) per year

$4.00 (Age 13 and up)

$10 (age 13 and over) per year

NA

$15 (family: up to 2 adults and 2 children) per year

Kiptopeke Fishing Pier Fishing Fee

$1.00 (Age 6 through 12)
$3.00 (Age 13 and over)

NA

Kiptopeke Fishing Pier Fishing Fee: Coupon book good for 10 visits

$20 per 10 Passes

NA

Annual Night Fishing: All parks where available (also requires parking fee)

$15 per person per year

Late Night Fishing: All parks where available (also requires parking fee)

$3.00 per person per night

ADMISSION

Natural Tunnel Chairlift:

Children under age 6

Free

Round trip per person

$3.00

One-way per person

$2.00

Group Rate Round Trip per person (10 or more)

$2.00

Season Pass

$20

Daily Pass (Good for unlimited trips on date of issue, good for one person only)

$6.00

Archery Range: All parks where available; per person user fee

$2.00 per day (over 12)
$1.00 per day (age 3 through 12)
$15 per year (any age)

Bear Creek Lake

$5.00 per day (over 12)
$3.00 per day (age 3 through 12)
$45 per year (any age)
$3.00 per person, per day group fee (minimum of 10 participants)

Pocahontas & New River Trail Horse Show Admission

$5.00 per person
Children 12 & under free

Park Sponsored Special Event Vendor Fees. All parks where available unless otherwise noted

$125 per merchandise vendor
$150 per food vendor

Occoneechee Pow Wow

$150 per merchandise vendor
$175 per food vendor

Mason Neck Fall Special Event

$50 per vendor

Caledon Art & Wine Festival

$50 per artist vendor
$100 per winery vendor

New River Trail

$25 per merchandise vendor
$25 per food vendor

Notes on admission/entrance fees:

1. Fees are waived at Natural Tunnel for use of the chairlift on one designated "Customer Appreciation Day" per year.

2. Museum entrance fees are waived at the Southwest Virginia Museum during the "Festival of Trees" event for members of groups who submitted trees for the display.

3. For park museums and historic features that charge an entrance fee, visitors participating in the Time Travelers program of the Virginia Association of Museums shall be charged the existing per person group rate for that facility.

4. Entrance fees are waived at the Southwest Virginia Museum on Veteran's Day, November 11, of each year.

4VAC5-36-70. Swimming fees.

SWIMMING (NONTAXABLE)

Daily Swimming Fees

WEEKDAYS

WEEKENDS

All parks with fee swimming areas unless noted.

Under age 3 Free
$2.00 (Age 3 through 12)
$3.00 (Age 13 and over)

Under age 3 Free
$3.00 (Age 3 through 12)
$4.00 (Age 13 and over)

Staunton River, Natural Tunnel, and Westmoreland

Under age 3 Free
$3.00 (Age 3 through 12)
$4.00 (Age 13 and over)

Under age 3 Free
$4.00 (Age 3 through 12)
$5.00 (Age 13 and over)

Pocahontas

Under age 3 Free
$5.00 (Age 3 through 12)
$6.00 (Age 13 and over)

Under age 3 Free
$7.00 (Age 3 through 12)
$8.00 (Age 13 and over)

Group campers utilizing primitive group camps. All parks where available unless otherwise noted.

$1.00 (all ages)

$1.00 (all ages)

Pocahontas (Group Cabin Guests)

$3.00 (all ages)

$3.00 (all ages)

Chippokes Plantation: Recreation/Education Fun Package: Swimming, Mansion, and Farm & Forestry Museum (Memorial Day – Labor Day: Wed. – Sun.)

$3.50 (Age 3 through 12)
$6.00 (Age 13 and over)

$3.50 (Age 3 through 12)
$6.00 (Age 13 and over)

Deposit on all locker keys: Refunded when key is returned.

$2.00 each

Swimming Coupon Book: (Age 3 and over). All parks where available unless otherwise noted.

$21 per 10 coupons
$40 per 20 coupons

Staunton River, Natural Tunnel, and Westmoreland

$28 per 10 coupons
$53 per 20 coupons

Pocahontas

$45 per 10 coupons
$86 per 20 coupons

WEEKDAYS

WEEKENDS

Group Swimming: per person (10 persons or more). All parks where available unless otherwise noted.

$1.50 (Age 3 through 12)
$2.50 (Age 13 and over)

$2.00 (Age 3 through 12)
$3.00 (Age 13 and over)

Staunton River, Natural Tunnel, and Westmoreland Group Swimming (20 persons or more). Five-day advanced registration required.

$2.50 (all ages)

$3.50 (all ages)

Pocahontas Group Swimming (20 persons or more). Five-day advanced registration required.

$4.00 (all ages)

$5.00 (all ages)

Season Swimming Permit: All parks where available unless otherwise noted.

$40 (Age 3 through 12)
$50 (Age 13 and over)

Staunton River, Natural Tunnel, and Westmoreland

$50 (Age 3 through 12)
$60 (Age 13 and over)

Pocahontas

$60 (Age 3 through 12)
$70 (Age 13 and over)

After-Hours Exclusive Use of Pool or Swimming Area: All parks where available. Requires prior reservation. Rental period of approximately 1-2 hours, depending upon operating schedule and amount of available daylight. Cancellation fee charged if reservation is cancelled less than 3 days before the date of event unless cancellation is for inclement weather or cancelled by the park.

$100 (up to 25 persons)
$125 (26 to 50 persons)
$175 (51 to 75 persons)
$200 (76 to 100 persons)
$35 to open food concessions with rental
$50 cancellation fee

Swimming lessons. All parks where available unless otherwise noted.
Package of eight 45-minute lessons (includes parking)

$30 per person
$25 per person if two or more from same family

Notes on swimming fees:

1. Nonswimming adults in street clothes admitted to swimming areas free when supervising children age 12 and under.

2. Rain check Policy for Swimming: All state parks will issue a rain check, good for a period of 12 months from the date of issue, to any paying customer (does not apply to free swimming vouchers) if the swimming area is forced to close for 40 minutes or more due to inclement weather. Rain checks may be issued only to patrons present at the swimming area at the time of closure.

3. A full refund is available for a group reservation only if the park or swimming area contractor is notified three days in advance of the time of the reservation. In the event that the group is unable to complete their reservation due to inclement weather, rain checks will be issued to the individual members of the group in the same manner as other park patrons.

4. All Season Swimming Permits include parking during the swimming season only.

5. Weekend rates apply on Memorial Day, Fourth of July, and Labor Day holidays.

4VAC5-36-80. Commercial and nonprofit user fees.

COMMERCIAL AND NONPROFIT ORGANIZATIONAL USERS FEES (NONTAXABLE)

PERMIT TYPE:

DAILY FEE

ANNUAL FEE

Commercial Parking and State Park Use Permit Fees: Required for for-profit companies and businesses that use the lands and/or facilities of a state park to deliver services to the public for a fee, and when such use is similar or the same as the general public use, unless permitted by other means. May not be used to establish exclusive or continuous concession-type services. Activities of this type include but are not limited to canoe, horse, bicycle, or hiking trip outfitters and rental agencies (if they deliver equipment or services on park property), caterers, and for-profit day care centers (note that some day care centers are government or nonprofit). The agency reserves the right to withhold this or any other permit or license for commercial use of parks when such use is deemed to be not in keeping with the mission or intended purpose of the park, conflicts or interferes with other use of the park, or creates an unreasonable burden on the management of the park. Licensed commercial fishermen are not required to pay this fee, but are required to pay the applicable public user fee for the use of state park boat launches.

For 1 or 2 vehicles (passenger vehicles up to 15-passenger vans) or one bus and one passenger vehicle

$10

NA

For 1 to 6 vehicles (passenger vehicles up to 15-passenger vans) or two buses and two passenger vehicles

NA

$250

Commercial Parking/Launching/Horse Riding Fees: Required for for-profit companies and businesses that use the lands and/or facilities of a state park to deliver services to the public for a fee, and when such use is similar or the same as the general public use, unless permitted by other means. May not be used to establish exclusive or continuous concession-type services.

For 1 or 2 vehicles (passenger vehicles up to 15-passenger vans) and/or passenger vehicle with trailer combinations; or one bus and one passenger vehicle and/or passenger vehicle with trailer combination

$14

NA

For 1 to 6 vehicles (passenger vehicles up to 15-passenger vans) and/or passenger vehicle with trailer combinations; or two buses and two passenger vehicles and/or passenger vehicle with trailer combinations

NA

$300

Nonprofit Organization Parking Fees: These fees may be utilized only by nonprofit organizations engaged in the activities or purposes of the organization.

For 1 or 2 vehicles (passenger vehicles up to 15-passenger vans) or one bus and one passenger vehicle

$4.00

$30

For 1 to 6 vehicles (passenger vehicles up to 15-passenger vans) or two buses and two passenger vehicles

$9.00

$70

Nonprofit Organization Parking/Launching Fees: These fees may be utilized only by nonprofit organizations engaged in the activities or purposes of the organization.

For 1 or 2 vehicles (passenger vehicles up to 15-passenger vans) and/or passenger vehicle with trailer combinations; or one bus and one passenger vehicle and/or passenger vehicle with trailer combination

$6.00

$65

For 1 to 6 vehicles (passenger vehicles up to 15-passenger vans) and/or passenger vehicle with trailer combinations; or two buses and two passenger vehicles and/or passenger vehicle with trailer combinations

$10

$130

Notes on commercial and nonprofit user fees:

Annual permits issued under this section are not transferable but may be used by the employees, volunteers, or agents of the company, business, or organization to which the permit was issued provided that such use is limited to the official business or activities of the company, business, or organization.

4VAC5-36-90. Camping fees.

CAMPING FEES (TAXABLE, Price here does not include tax)

Camping fees include free use of dump station and free swimming and boat launching for members of the camping party during their stay at the property, when and where available, except that at Kiptopeke State Park guest is subject to applicable launch fee unless the trailer is returned to the campsite immediately after launching. The number of campers per campsite is limited to six individuals except when all campers are members of the same household.

ALL SEASONS
(Per site fees)

Standard Sites: No hookup; access to bathhouse and restrooms.

All parks with standard sites unless noted below.

$16 per night

Hungry Mother, Grayson Highlands, Staunton River, Westmoreland, Occoneechee (nonwaterfront), Claytor Lake, Raymond R. "Andy" Guest, Jr. Shenandoah River, Smith Mountain Lake.

$20 per night

Occoneechee Waterfront Sites.

$23 per night

Douthat, Kiptopeke, First Landing, Lake Anna.

$24 per night

Water and Electric Sites: Access to water and electric hookups; access to bathhouse and restrooms.

All parks where available unless noted below.

$22 per night

Chippokes Plantation, Claytor Lake, Douthat, Fairy Stone, Grayson Highlands, Hungry Mother, Occoneechee (nonwaterfront), Staunton River, Westmoreland, Pocahontas, Smith Mountain Lake, Belle Isle, James River.

$25 per night

Occoneechee Waterfront Sites.

$28 per night

Kiptopeke, First Landing, Lake Anna, Shenandoah.

$30 per night

Water, Electric, and Sewage Sites: Access to water, electric, and sewage hookups; access to bathhouse and restrooms.

Kiptopeke.

$35 per night

Hungry Mother.

$28 per night

Primitive Camping Sites: primitive restrooms; no showers.

All parks where available unless noted below.

$11 per night

James River, Sky Meadows.

$13 per night

Grayson Highlands: Sites with electricity (November, March and April when bathhouses are closed).

$15 per night

Occoneechee (persons renting the entire equestrian campground will receive a 10% discount on the combined price for sites and stalls, including transaction fees).

$15 per night

New River Trail Primitive camping sites at Foster Falls and Cliffview, Primitive Sites at Sky Meadows.

$15 per night

New River Trail Water Trail Camping (no potable water).

$12 per night

Horse Camping

Horse Stall Fee.

$7.00 per night (Outside Stalls)
$9.00 per night (Inside Stall)

Standard Rates

Primitive Group Camp Rental (camping in special primitive group areas). All parks where available.

Up to 20 campers.

$61 for entire area per night

Up to 30 campers.

$91 for entire area per night

31 or more campers, up to maximum capacity of group camp area.

$122 for entire area per night

Grayson Highlands: Primitive camping is available in the stable area November, March, and April.

$15 per site per night

Special Group Camping Areas:

Fairy Stone Group Campsites.

$20 per site per night

Chippokes Plantation: All 4 Sites; Group Rate; 24 persons maximum.
Natural Tunnel Group Area.
Grayson Highlands Group Area.
James River Group Area.
Shenandoah Group Area.
Sky Meadows Group Area.

$67 per night (only available as entire group area)

Sky Meadows 6 Site Group Area.

$100 per night

Westmoreland Group Area.

$122 per night

Standard Buddy Sites: All parks where available unless noted below.

$78 per night

Douthat Buddy Sites.
Holliday Lake Group Camp.

$97 per night

James River Equestrian Group Area (persons renting the entire equestrian campground will receive a 10% discount on the combined price for sites and stalls, including transaction fees).

$216 per night

Camping – Other Fees

Camping Site Transaction Fee: Applies to each purchase transaction of a camping visit to a campsite (i.e., one transaction fee per camping visit per site no matter how many nights). Applies to Internet, reservation center, and walk up visits.

$5.00

Pet Dog Fees (this fee does not apply to service or hearing dogs identifiable in accordance with § 51.5-44 of the Code of Virginia).

$5.00 per pet dog per night

Dump Station Fee: Free to state park campers during stay.

$5.00 per use

Camping Reservation Cancellation Fee Individual Site.

$10 per reservation

Camping Reservation Cancellation Fee Group Sites.

$30 per reservation

Hiker or noncamper Shower Fee at Virginia State Parks.

$5.00 per person

Notes on camping:

1. Check-out time is 3 p.m. and check-in time is 4 p.m.

2. Camping Transfer/Cancellation/Early Departure Policy.

a. Any fees to be refunded are calculated less the applicable cancellation fee(s).

b. Fees paid to the reservation center by credit card will be refunded to the original credit card charged.

c. Fees paid by check or money order to the reservation center, or by any method at the park, will be refunded by state check.

d. A customer may move a camping reservation to another date or park, referred to as a transfer, through the reservation center only, and prior to 4 p.m. on the scheduled date of arrival. If the reservation center will not be open again prior to the start date of the reservation, transferring is not an option. There is no fee to transfer.

e. A camping reservation may be canceled until 4 p.m. on the scheduled date of arrival but campers will be charged the cancellation fee. This cancellation fee applies to each separate reservation made.

f. Once the 4 p.m. check-in time is reached on the scheduled day of arrival, any adjustment to a reservation is considered an early departure.

g. After the check-in time is reached, the first night is considered used whether the site is occupied or not.

h. There is a one-night penalty, deducted from any amount available for refund, for early departure.

3. Campers are allowed two vehicles per campsite per day without charge of a parking fee. Additional vehicles, beyond two, must pay the prevailing parking fee in effect at the park for each day that the vehicle(s) is parked in the park. The number of vehicles allowed to park on the campsite varies according to site design and size of other camping equipment. No vehicles shall park on a campsite in other than the designated area for this purpose. Camper vehicles that do not fit on the site, whether or not they require the special camper vehicle fee, must park in the designated overflow parking area.

4. Each member of the camping party, except in primitive group areas, up to the maximum allowable per site, may receive an entrance pass to the park's swimming facility on the basis of one pass per night of camping. Passes only issued during days and seasons of operation of the swimming facility and only good during the member's registered stay.

5. Damage to campsites, not considered normal wear and tear, will be billed to the person registered for the campsite on an itemized cost basis.

6. At honor collection sites, the stated camping fees on this list shall be considered as having tax included. Honor collection is defined as the payment of the camping fee on-site at the park at a nonelectronic collection point at which the payment is placed in a box or safe provided for that purpose.

7. Horse stalls may only be rented in conjunction with the rental of a campsite in the equestrian campground and a person must occupy the campsite. All horses brought to the park by overnight guests must be kept in rental stalls except in primitive equestrian areas at New River Trail and James River State Parks.

4VAC5-36-100. Cabin fees.

CABIN RENTALS (TAXABLE, Price here does not include tax)

BASE RATE

VIRGINIA RESIDENTS

PRIME SEASON CABIN AND LODGE RATES

Cabin/Lodge Type

Per-Night Rental Fee

Per-Week Rental Fee

Per-Night Rental Fee

Per-Week Rental Fee

Efficiency

$84

$502

$75

$450

One Bedroom, Standard

$98

$589

$88

$529

One Bedroom, Waterfront or Water View

$108

$652

$97

$582

One Bedroom, Chippokes Plantation

$113

$686

$104

$617

Two Bedroom, Standard, all parks where available unless noted below

$112

$680

$102

$613

Two Bedroom, Bear Creek Lake, James River, Occoneechee, Lake Anna, Shenandoah, Natural Tunnel

$118

$713

$106

$643

Two Bedroom, Waterfront or Water View, all parks where available unless noted below

$125

$749

$112

$674

Two Bedroom, Waterfront or Water View, Bear Creek Lake, Occoneechee, Lake Anna

$130

$784

$118

$706

Two Bedroom, First Landing, Chippokes Plantation

$132

$791

$119

$712

Three Bedroom, Standard, all parks where available unless noted below

$129

$771

$116

$692

Three Bedroom, Chippokes Plantation, Bel Air Guest House

$149

$898

$134

$809

Three Bedroom, Claytor Lake, Bear Creek Lake, James River, Occoneechee, Lake Anna, Southwest Virginia Museum Poplar Hill Cottage, Shenandoah, Natural Tunnel, Douthat

$149

$888

$130

$798

Hill Lodge (Twin Lakes)

$167

$1,002

$150

$902

Fairy Stone Lodge (Fairy Stone), Creasy Lodge (Douthat), Bel Air Mansion (Belle Isle)

$301

$1,802

$270

$1,622

Douthat Lodge (Douthat), Hungry Mother Lodge (Hungry Mother), Potomac River Retreat (Westmoreland)

$354

$2,124

$318

$1,913

6-Bedroom Lodge, Kiptopeke, James River, Claytor Lake, Occoneechee, Bear Creek Lake, Shenandoah, Natural Tunnel, Douthat

$371

$2,226

$334

$2,004

MID-SEASON CABIN AND LODGE RATES

Cabin/Lodge Type

Per-Night Rental Fee

Per-Week Rental Fee

Per-Night Rental Fee

Per-Week Rental Fee

Efficiency

$74

$446

$67

$401

One Bedroom, Standard

$87

$523

$80

$470

One Bedroom, Waterfront or Water View

$96

$574

$86

$519

One Bedroom, Chippokes Plantation

$101

$611

$93

$549

Two Bedroom, Standard, all parks where available unless noted below

$101

$605

$91

$545

Two Bedroom, Bear Creek Lake, James River, Occoneechee, Lake Anna, Shenandoah, Natural Tunnel

$105

$634

$96

$570

Two Bedroom, Waterfront or Water View, all parks where available unless noted below

$111

$666

$100

$599

Two Bedroom, Waterfront or Water View, Bear Creek Lake, Occoneechee, Lake Anna

$117

$697

$104

$627

Two Bedroom, First Landing, Chippokes Plantation

$117

$704

$106

$634

Three Bedroom, Standard, all parks where available unless noted below

$113

$686

$104

$617

Three Bedroom, Chippokes Plantation, Bel Air Guest House

$133

$799

$119

$720

Three Bedroom, Claytor Lake, Bear Creek Lake, James River, Occoneechee, Lake Anna, Southwest Virginia Museum Poplar Hill Cottage, Shenandoah, Natural Tunnel, Douthat

$133

$790

$116

$710

Hill Lodge (Twin Lakes)

$149

$891

$133

$802

Fairy Stone Lodge (Fairy Stone), Creasy Lodge (Douthat), Bel Air Mansion (Belle Isle)

$267

$1,603

$240

$1,442

Douthat Lodge (Douthat), Hungry Mother Lodge (Hungry Mother), Potomac River Retreat (Westmoreland)

$315

$1,892

$284

$1,702

6-Bedroom Lodge, Kiptopeke, James River, Claytor Lake, Occoneechee, Bear Creek Lake, Shenandoah, Natural Tunnel, Douthat

$331

$1,982

$297

$1,783

OFF-SEASON CABIN AND LODGE RATES

Cabin/Lodge Type

Per-Night Rental Fee

Per-Week Rental Fee

Per-Night Rental Fee

Per-Week Rental Fee

Efficiency

$62

$372

$57

$335

One Bedroom, Standard

$72

$436

$65

$392

One Bedroom, Waterfront or Water View

$81

$478

$71

$432

One Bedroom, Chippokes Plantation

$84

$508

$77

$457

Two Bedroom, Standard, all parks where available unless noted below

$84

$504

$75

$454

Two Bedroom, Bear Creek Lake, James River, Occoneechee, Lake Anna, Shenandoah, Natural Tunnel

$88

$528

$79

$475

Two Bedroom, Waterfront or Water View, all parks where available unless noted below

$92

$554

$83

$499

Two Bedroom, Waterfront or Water View, Bear Creek Lake, Occoneechee, Lake Anna

$97

$581

$87

$522

Two Bedroom, First Landing, Chippokes Plantation

$98

$585

$88

$527

Three Bedroom, Standard, all parks where available unless noted below

$95

$570

$85

$512

Three Bedroom, Chippokes Plantation, Bel Air Guest House

$110

$664

$99

$597

Three Bedroom, Claytor Lake, Bear Creek Lake, James River, Occoneechee, Lake Anna, Southwest Virginia Museum Poplar Hill Cottage, Shenandoah, Natural Tunnel, Douthat

$110

$657

$96

$591

Hill Lodge (Twin Lakes)

$124

$741

$111

$667

Fairy Stone Lodge (Fairy Stone), Creasy Lodge (Douthat), Bel Air Mansion (Belle Isle)

$222

$1,332

$201

$1,199

Douthat Lodge (Douthat), Hungry Mother Lodge (Hungry Mother), Potomac River Retreat (Westmoreland)) (Westmoreland)

$263

$1,573

$237

$1,415

6-Bedroom Lodge, Kiptopeke, James River, Claytor Lake, Occoneechee, Bear Creek Lake, Shenandoah, Natural Tunnel, Douthat

$275

$1,649

$249

$1,483

CAMPING CABINS, CAMPING LODGES, YURTS, AND TRAVEL TRAILERS (camping cabins, camping lodges, yurts, and travel trailers located in campgrounds and operated in conjunction with the campground)

Per-Night Rental Fee

Per-Week Rental Fee

Per-Night Rental Fee

Per-Week Rental Fee

Camping Cabin rental rate: (2-night minimum rental required)

$49

NA

$45

NA

Yurt rental: Standard fee

$98

$589

$88

$529

Travel Trailers: 25-30' Standard fee

$98

$589

$88

$529

Camping Lodges: Standard fee

$98

$589

$88

$529

Additional Cabin Fees:

Cabin Transaction Fee: Applies to each purchase transaction of a visit to a cabin (i.e., one transaction fee per cabin visit per site no matter how many nights). Applies to Internet, reservation center, and walk up visits.

$5.00

Additional Bed Rentals

$3.00 per rental night

Additional linens at all parks unless otherwise noted. One set of linens is 1 sheet set (1 fitted sheet, 1 flat sheet, and 1 pillowcase) or 1 towel set (1 bath towel, 1 hand towel, and 1 washcloth or 2 bath towels and 1 washcloth)

$2.00 per sheet set
$2.00 per towel set

Cabin Cancellation Fee: Applies to all lodging in this section except as described below in "Lodge Cancellation Fee"

$20 per cancellation period: See notes on Cabin Transfer/Cancellation/Early Departure Policy.

Lodge Cancellation Fee: Applies to Fairy Stone Lodge, Douthat Lodge, Hungry Mother Lodge, Potomac River Retreat, and all 6-bedroom park lodges

$50 per cancellation period: See notes on Cabin Transfer/Cancellation/Early Departure Policy

Pet Fee (this fee does not apply to service or hearing dogs identifiable in accordance with § 51.5-44 of the Code of Virginia).

$10 per pet per night

Pocahontas Group Cabins

DAY

WEEK

Algonquian Ecology Camp Dining Hall: 8 a.m. to 10 p.m. for day use, 24-hour use when rented with cabins

$236

$1,181

Swift Creek Dining Hall: 8 a.m. to 10 p.m. for day use, 24-hour use when rented with cabins

$275

$1,375

Dining Hall: fee for partial day rental when associated with full day rental as noted above

$140

NA

Cabin Units: per unit, per night

$112

$560

Complete Algonquian Ecology Camp (4 units: 112 capacity) with Dining Hall

$460

$2,300

Complete Swift Creek Camp (2 units: 56 capacity) with Dining Hall

$375

$1,875

Refundable security deposit charged for all reservations

$100 per reservation

Notes on Pocahontas Group Cabins:

Pocahontas Group Cabins: Reservations of $200 or more require a 25% prepayment, due within 14 days of making the reservation. Balance of fees is due 60 days prior to the reservation start date. Reservations of less than $200 require payment in full to confirm the reservation, due within 14 days of making the reservation. Cancellations made 30 days or more prior to the first day of the reservation shall receive a refund less a $30 per unit cancellation fee. Cancellations made less than 30 days prior to the first date of the reservation receive no refund unless the units are subsequently rented, in which case the refund shall be full price minus $30 per unit.

Notes on cabins and lodges:

1. Seasonal cabin and lodge rates shall be in effect according to the following schedule, except for camping cabins, camping lodges, yurts, and travel trailers, which operate on the same schedule and season as the campground at that particular park. In the event that a weekly rental period includes two seasonal rates, the higher rate will apply for the entire weekly rental period.

PARK

PRIME SEASON

MID-SEASON

OFF-SEASON

Bear Creek Lake
Belle Isle
Chippokes Plantation
First Landing
Kiptopeke
Lake Anna
Occoneechee
Southwest Virginia Museum
Staunton River
Twin Lakes
Westmoreland

Friday night prior to Memorial Day through the Sunday night prior to Labor Day

April 1 through the Thursday night prior to Memorial Day, and Labor Day through November 30

December 1 through March 31

Claytor Lake
Douthat
Fairy Stone
Hungry Mother
James River
Smith Mountain Lake
Shenandoah
Natural Tunnel

Friday night prior to Memorial Day through the Sunday night prior to Labor Day, and October 1 through October 31

April 1 through the Thursday night prior to Memorial Day, and Labor Day through September 30, and November 1 through November 30

December 1 through March 31

2. All dates refer to the night of the stay; checkout time is 10 a.m. and check-in time is 3 p.m.

3. The following holiday periods are charged prime season weekend rates: the Wednesday, Thursday, Friday, and Saturday period that includes Thanksgiving Day; and Christmas Eve and Christmas Day; and New Year's Eve and New Year's Day.

4. Cabin guests are allowed two vehicles per for a one or two bedroom cabin, and three vehicles for a three bedroom cabin per day without charge of parking fee. Additional vehicles must pay the prevailing parking fee for each day that the vehicle is parked in the park. The number of vehicles allowed to park at the cabin varies according to site design and other factors. All vehicles must park in designated parking areas, either at the cabin or in the designated overflow parking area.

5. Lodge Six-bedroom lodge guests are allowed six vehicles per lodge per day without charge of parking fee. Additional vehicles must pay the prevailing vehicle parking fee for each day the vehicle is parked in the park. The number of vehicles allowed to park at the lodge varies according to site design and other factors. All vehicles must park in designated parking areas, either at the lodge or in the designated overflow parking area.

6. Damage to cabins and other rental units under this section, not considered normal wear and tear, may be billed to the person registered for the cabin or rental unit on an itemized cost basis.

7. Each member of the cabin rental party, up to the maximum allowable for the rented unit, may receive an entrance pass to the park's swimming facility on the basis of one pass per night of rental. Passes are only issued during days and seasons of operation of the swimming facility and are only good during the member's registered stay.

8. Employees of DCR and the members of committees and boards of DCR shall receive a discount of 50% on applicable cabin or lodge rates for any season, when the rental of such cabins or lodge is in connection with the official business of DCR or its committees or boards.

Notes on cabin or lodge transfer/cancellation/early departure policy:

1. Any fees to be refunded are calculated less the applicable cancellation fees listed below.

2. Fees paid to the reservation center by credit card will be refunded to the original credit card charged.

3. Fees paid by check or money order to the reservation center, or by any method at the park, will be refunded by state check.

4. A customer may move a cabin or lodge reservation to another date or park, referred to as a transfer, through the reservation center only, and prior to 5 p.m. on the Monday before the scheduled date of arrival. After 5 p.m. on the Monday before the scheduled date of arrival, cancellation is the only option (see note 5 below) except that transfers to a different cabin or lodge for the same rental nights shall be allowed, subject to availability, up to the check in time for the original reservation.

5. Once the reservation is paid for, a customer may cancel in full with payment of the required cancellation fee if there are more than 30 days before the scheduled arrival date. As long as the reservation is not during the one-week minimum stay requirement period, the length of stay may be reduced without a fee as long as there are more than 30 days before the scheduled arrival. However, the length of stay cannot be less than two nights. During the 30 days prior to the scheduled arrival date, the cancellation fee is charged for each night cancelled or reduced from the stay. Once the official check-in time on the scheduled arrival date is reached, the cancellation policy is no longer in effect and the early departure policy applies.

6. Once the 3 p.m. check-in time is reached on the scheduled day of arrival, any adjustment to a reservation is considered an early departure. There is a two night minimum charge associated with all cabin, lodge, camping cabin, travel trailer, and camping lodge stays. Reducing the total nights stayed will incur a $20 per night fee. If the original reservation was for a week, the weekly discount will no longer be valid and the fee will be adjusted to the nightly rate before any refunds are calculated.

4VAC5-36-110. Picnic shelters and event tents fees.

PICNIC SHELTERS AND EVENT TENTS (TAXABLE)

The shelter rental periods shall be from park opening until park closing, unless otherwise specified.

DAY

Standard Small Picnic Shelter Rental Fee: Bear Creek Lake, Belle Isle, Caledon, Chippokes Plantation, Claytor Lake (including gazebo), Douthat, Holliday Lake, Hungry Mother (half shelter), Lake Anna, Natural Tunnel, New River Trail, Occoneechee, Pocahontas, Smith Mountain Lake, Twin Lakes, Westmoreland, York River, and all other small park picnic shelters.

$53

Standard Large Picnic Shelter Rental Fee: Belle Isle, Chippokes Plantation, Claytor Lake, Douthat Fairy Stone, First Landing, Grayson Highlands, Hungry Mother (full shelter), James River, Kiptopeke, Lake Anna, Natural Tunnel, Occoneechee, Pocahontas, Shenandoah, Smith Mountain Lake (Pavilion), Staunton River, Staunton River Battlefield, Twin Lakes, Westmoreland, York River, and all other large park picnic shelters.

$84

Shenandoah Large Group Shelter

$95

Leesylvania Shelter Rental

$126

Leesylvania: Lee's Landing Picnic Area Rental

$58

Leesylvania: Lee's Landing Picnic Shelter

$315

With 15 tables and 100 chairs

$735

Mason Neck Picnic Area Rental

Without tent shelter

$58

With tent shelter (seasonably available)

$126

Chippokes Plantation Conference Shelter (with kitchen)

$105 per function

Chippokes Plantation Conference Shelter (without kitchen)

$63 per function

Mini-Shelter: All parks where available unless otherwise noted.

$21

Event Tent Rental: Full day in-park rental only. Price includes set up and take down.

Standard fee: All parks where available unless otherwise noted.

$0.38 $0.45 per square foot

Chippokes Plantation, Douthat, Kiptopeke, Lake Anna, Pocahontas, Shenandoah River, Smith Mountain Lake, York River.

$0.45 $0.55 per square foot

False Cape, First Landing, Leesylvania, Mason Neck.

$0.50 $0.60 per square foot

Standard 10' x 10' event tent

$25 per day

Westmoreland, Caledon Natural Area: 20' x 40' tent with tables and chairs

$400 per day

White String Lights for Tent

$0.80 per foot

Side Panels for Tent

$1.50 per foot

Standard Shelter Cancellation Fee: Cancellation fee deducted from refund if refund is made more than 14 days prior to the reservation date. No refunds if cancellation made within 14 days prior to date. Shelter reservation may be transferred without penalty if the change is made through the reservations center prior to scheduled use.

$10

4VAC5-36-120. Amphitheater and gazebo fees.

AMPHITHEATERS AND GAZEBOS (TAXABLE, Price here does not include tax)

Amphitheater or Gazebo Rental Fee: The amphitheater or gazebo rental periods shall be from park opening until park closing unless otherwise specified.

DAY

Leesylvania, Fairy Stone, Staunton River, Kiptopeke and all other amphitheaters and gazebos unless noted below.

$32

Hungry Mother, Occoneechee, Westmoreland, New River Trail, Shenandoah River (overlook).

$53

Smith Mountain Lake, Natural Tunnel (gazebo at Cove Ridge), James River, First Landing (gazebo at Chesapeake Bay Center).

$74

Claytor Lake (gazebo), First Landing (gazebo at Chesapeake Bay Center).

$84

York River and Douthat Amphitheater.

$105

Shenandoah Overlook Rental

$16 per half-day
$32 per full day

Natural Tunnel and First Landing Amphitheaters: Private group or company rate:

$315

Natural Tunnel and First Landing Amphitheaters: Educational group.

$158

Natural Tunnel Amphitheater Wedding Package: Three consecutive half-day rental periods.

$420 per package

First Landing: Courtyard at Chesapeake Bay Center; includes amphitheater and gazebo.

$788

First Landing: Additional hourly charge for hours beyond 10 p.m. for gazebo.

$11 per hour

First Landing: Additional hourly charge for hours beyond 10 p.m. for Courtyard.

$53 per hour

Fishing Tournament Staging. All parks where available.

$26

Pocahontas Amphitheater Area: Without Heritage Center. Includes Amphitheater, Exhibit Area, Restrooms and use of sound system.

$630

Pocahontas Amphitheater Area Plus Heritage Center

$840

Parking Attendant (per attendant).

$11 per hour

Law Enforcement Officer (per officer).

$26 per hour

Natural Tunnel: Rental of Observation Deck at mouth of tunnel for dinner parties. Includes use of chairlift for transportation of guests and supplies and set-up/take-down of tables and chairs.

$300 per 4 hours

Natural Tunnel Amphitheater Concession Building

$42

Natural Tunnel: Sound System Rental

$32

Standard Amphitheater/Gazebo Cancellation Fee: Cancellation fee deducted from refund if refund is made more than 14 days prior to the reservation date. No refunds if cancellation made within fourteen days prior to date.

$11

All parks unless listed below.

$11

Pocahontas Amphitheater or First Landing Courtyard

$105

4VAC5-36-140. Interpretive canoe, boat, and paddleboat fees.

INTERPRETIVE CANOE, BOAT, AND PADDLEBOAT PROGRAMS (NONTAXABLE)

Interpretive Canoe, Boat, and Paddleboat Tours:

FEE

Environmental Education Group Canoe Tour: Available only to bona fide educational groups. Requires previous reservation and arrangements. Minimum 10 persons. Mason Neck and all other parks where available unless otherwise noted.

$3.00 per person

Standard Canoe Interpretive Tour Fee for Individuals: Applies to canoe, rowboat, or paddleboat tours. Child riding as third passenger, where allowed, is free.

Individuals at all parks unless noted below.

$5.00 per person

Individuals at Leesylvania, York River, Pocahontas, Kiptopeke, Chippokes.

$9.00 per person

Individuals at Mason Neck.

$15 per person

Individuals at Natural Tunnel.

$12 per person

Individuals at False Cape: Back Bay Interpretive Tour.

$16 per person

Family Groups at all parks unless noted below. Minimum 4 paying customers.

$4.00 per person

Family Groups at Leesylvania, Pocahontas, York River, Kiptopeke. Minimum 4 paying customers.

$6.00 per person

Family Groups at Mason Neck.

$9.00 per person

Group rate at Natural Tunnel (minimum 10 paying customers).

$12 per person

Sunset, Moonlight, Dawn, or Extended Canoe Interpretive Tour Fee for Individuals: Applies to canoe, rowboat, or paddleboat tours.

All parks where offered unless noted below.

$6.00 per person

Sunset, Dawn, Extended Canoe Interpretive Tour Fee for Individuals: Leesylvania, York River, Chippokes, Kiptopeke.

$11 per person

Sunset, Dawn, Extended Canoe Interpretive Tour Fee for Individuals:
New River Trail, Mason Neck.

$15 per person

Extended Canoe Interpretive Tour Fee for Individuals:
Grayson Highlands, Hungry Mother, New River Trail.

$25 per person

Moonlight/Night Canoe Interpretive Tour Fee for Individuals:
Leesylvania, York River, Chippokes.

$13 per person

Moonlight/Night Canoe Interpretive Tour Fee for Individuals:
Mason Neck.

$20 per person

Sunset, Moonlight, Dawn, or Extended Canoe Interpretive Tour Fee for Family Groups: Applies to canoe, rowboat, or paddleboat tours. Minimum four paying customers.

All parks where offered unless otherwise noted.

$5.00 per person

Sunset, Dawn, or Extended Canoe Interpretive Tour Fee for Family Groups: Leesylvania, York River, Chippokes. Requires 4 or more paying customers.

$7.00 per person

Sunset, Dawn, or Extended Canoe Interpretive Tour Fee for Family Groups: New River Trail, Mason Neck.

$11 per person

Moonlight/Night Canoe Interpretive Tour Fee for Family Groups:
Leesylvania, York River. Requires 4 or more paying customers.

$8.00 per person

Extended Canoe Interpretive Tour Fee for Family Groups:
Grayson Highlands.

$25 per person

Bear Creek Lake: Willis River Interpretive Canoe Tour

Short Trip.

$8.00 per person

Long Trip.

$10 per person

Natural Tunnel Clinch River:

Half-Day Trip Group Rate. Requires 10 or more paying customers.

$12 per person

Full-Day Trip. Group Rate. Requires 10 or more paying customers.

$20 per person

Half-Day Trip. Individuals.

$15 per person

Full-Day Trip. Individuals.

$25 per person

Overnight Trip. Individuals.

$45 per person

Short Trip. Clinchport to Copper Creek

$7.00 per person

Interpretive Kayak Tour, Solo Kayak: All parks where available unless otherwise noted.

$16 per person

Interpretive Kayak Tour, Solo Kayak: Westmoreland, Caledon

$19 per person

Interpretive Kayak Tour, Tandem Kayak: All parks where available unless otherwise noted.

$22 per kayak

Interpretive Kayak Tour, Tandem Kayak: Westmoreland, Caledon

$25 per kayak

Tag-along Fee: Participant provides their own canoe or kayak. Not available at all sites.

$10 per person

Interpretive Pontoon Boat Tour: All parks where available.

$2.00 (Age 3 through 12)
$3.00 (Age 13 and over)

Interpretive Tube Tour: all parks where available unless otherwise noted.

$6.00 per person

Lake Excursion and Ecology Tour

Claytor Lake

$10 (Age 13 and over)
$7.00 (Age 3 through 12)

Rental of Entire Boat (Exclusive Use): All parks where available

$60 per tour

Notes on Interpretive Canoe, Boat, and Paddleboat Programs:

1. Cancellation Policy for group reservations: Guest must cancel four days prior to the tour date in order to receive a refund. Any guest canceling less than four days before the start of the reservation will not be eligible for a refund. A one-time $10 cancellation fee will apply per reservation regardless of number of boats reserved. In the event of inclement weather where the park must cancel, the guest will be offered either a complete refund or reservation transfer to another date.

2. Additional costs for supplies and materials may apply.

4VAC5-36-150. Interpretive and educational tours and program fees.

INTERPRETIVE AND EDUCATIONAL TOURS AND PROGRAMS (NONTAXABLE)

Interpretive and Educational Tours and Programs

PARK

PROGRAM

FEE

All parks unless otherwise noted:

Standard Interpretive Program or Tour: (Fee does not apply to informational programs such as typical staff led nature hikes or campfire programs or roving interpretation).

$2.00 per person
$6.00 per family
Free

Fee-based Interpretive Program or Tour: (Fee only applies to programs or tours that have unusual costs or require special equipment, personnel, marketing, or other special arrangements).

$2.00 per person
$6.00 per family

Standard Fee-based Night Hike or Evening Program or Evening Tour: (Fee only applies to programs or tours that have unusual costs or require special equipment, personnel, marketing, or other special arrangements).

$3.00 per person
$8.00 per family

Standard Workshop Fee

$5.00 per child (Age 12 and under)
$15 per adult (Age 13 and over)

Standard Wagon Ride Program

$3.00 per person
$8.00 per family
$25 exclusive group

Extended or Special Event Wagon Ride Program

$4.00 per person
$10 per family
$75 exclusive group booking

Park Outreach Program: Price per park staff member conducting program

$10 for under 2 hours
$25 for 2 to 3 hours
$50 for 4 hours plus

Standard Junior Ranger Program: 4-day program. All parks unless noted below.

$10 full program
$3.00 per day

Haunted Hike

$1.00 (Age 3 through 12)
$3.00 (Age 13 and over)

Geo Caching or Orienteering Interpretive Program.

$3.00 per person
$8.00 per family
$25 per group

Nature-Themed Birthday Party: Includes a nature talk, hike, games, songs, and time in the Nature Center for gifts and cakes. At least one staff member is present to conduct activities.

$96 per hour plus materials cost for 12 children
$8.00 per additional child

Standard Orienteering Program

$3.00 per person

$25 per group (20 maximum)

Standard Women's Wellness Weekend Program

$149 per person

Chippokes

Photography Class

$45 per person

Grayson Highlands

Junior Ranger Program

$5.00 per person per day

Hayrides

$2.00 per child
$3.00 per adult

Adventure Rangers Interpretive Program

$10 per person per day

Make a Birdhouse Program

$5.00 per person

Make Your Own Hiking Stick Program

$3.00 per person

2-Day Photography Class

$35 per person

Occoneechee, Caledon, Sky Meadows

Individual interpretive program pass: (Allows admission for one person to 4 interpretive programs valued at $3.00 or less)

$6.00 per pass

Family interpretive program pass: (Allows admission for members of the same family to 4 interpretive programs valued at $8.00 or less)

$18 per pass

Pocahontas

Nature Camps

$100 per child per program plus materials cost
$30 per child plus materials cost for Jr. Assistant. The Jr. Assistant helps the park staff in conducting camp programs.

Curious Kids

$3.00 per program

Nature and Discovery Programs (School/Groups Outreach)

$4.00 per child

$80 minimum
$15 additional if program is outside of Chesterfield County

Sky Meadows

Interpretive Program Series: 6-program series

$15 per person per program
$45 per person per 4 programs
$60 per person per 6 programs

Nature and Discovery Programs (School/Groups Outreach)

$2.00 per child
$50 minimum
$15 additional if program is outside of the following counties: Fauquier, Frederick, Clark, and Loudoun

House and Grounds Tour

$3.00 per person age 13 and older
$2.00 per child age 6 through 12
$8.00 per family

Smith Mountain Lake

Nature and Discovery Programs (School/Groups Outreach)

$10 per school visit

Southwest Virginia Museum

How Our Ancestors Lived

$5.00 per person

Special Themed Interpretive Program

$10 per person

Music or Literary Event

$5.00 per person

Workshop (Adult)

$10 per person

Workshop (Children)

$5.00 per person

Nature and Discovery Programs (School/Groups Outreach)

$25 for under 2 hours
$50 from 2 hours to under 4 hours
$75 for 4 or more hours

Guided Tour or Activity

School Groups: $1.50 per person
Public Groups: $2.50 per person

Step-On Tour Guide Service

$7.00 per person

Caledon

Caledon Eagle Tours

$6.00 per person
$50 Flat Rate (minimum: 10; maximum: 20)

All Group Programs up to 2 hours long

$5.00 per person

Haunted Hay Ride

$5.00 per person (age 7 and over)
Children under 7 free

Special Program Bus Fee: Programs involving transportation within the natural area.

$3.00 per person

Workshop (Adult)

$15 per person

Workshop (Children)

$5.00 per person

Natural Tunnel: Cove Ridge

Guided Programs

$25 per program (Maximum 30 participants)
$25 facility fee (If applicable)

Environmental Education (Children's Activities)

$25 per program (Maximum 30 participants)
$25 facility fee (If applicable)

Environmental Education (Adult Facilitation)

$15 per person

Hungry Mother/ Hemlock Haven

Junior Naturalist Program

$4.00 per person per week
$12 unlimited participation in interpretive season

Kiptopeke

Birding Program (Hawk observatory/bird banding station)

$4.00 per person

Birding Program (Group Rates)

$35 (Corporate)
$25 (Nonprofit)

York River

Guided Adventure Programs

$4.00 per person
$40 per group (Minimum 12 persons)

York River Children's Programs

$2.00 per person, single program
$10 unlimited participation throughout Interpretive Season

"Nature Party": Nature Themed Birthday Party for Children

$10 per person

Westmoreland

Guided Program Fee

$25 per person

Natural Tunnel

Junior Ranger Program (Includes T-Shirt)

$35 per person

Wagon Ride Program

$50 Exclusive Education Group Booking

Hay Wagon and Hot Dog Roast

$10 per person

Bike Tours - 2 hours

$10 per person

Extended Bike Tours - 4 hours

$15 per person

Canoe and Bike Tour - 4 hours

$20 per person

Halloween Haunted House/Hay Wagon Ride

$3.00 (Age 3 through 12)
$5.00 (Age 13 and over)

Mason Neck

Junior Ranger Program

$50 per person

Holliday Lake

Field Archaeology Workshop

$25 per person

Junior Ranger Program (3 half-day workshop) (Ages 6 to 13)

$25 per child

False Cape

Wildlife Watch Tour – Per Person

$8.00 per person

Astronomy Program

$10 per person

Staunton River

Interpretive Craft

$2.00 per person

First Landing

Junior Ranger Program
3 Hour Program|
6 Hour Program

$25 per person
$50 per person

Bear Creek Lake

Junior Ranger Program

$20 per person

Leesylvania

Junior Ranger Program

$50 per person

Halloween Haunted Hike

$2.00 per person
$6.00 per group (4 person maximum)

Interpretive Programs

$2.00 per person

Kids Fishing Tournament

$2.00 per child

Natural Tunnel

Pannel Cave Tour

$10 per person
$7.00 per person (Family-Group; 8-person minimum)

Bolling Cave Tours

$15 per person
$12 per person (Family-Group; 8-person minimum)

Stock Creek Tunnel Tour

$5.00 per person

New River Trail

New River Trail Seniors Van Tour Full Day

$25 per person

New River Trail Seniors Van Tour Half Day

$15 per person

Bertha Cave Tour

$10 per person

James River

Haunted Wagon Ride

$5.00 per person (Age 7 and over)
Children 6 and under free

Belle Isle

Triple Treat Program: Hayride/Canoe/Campfire

$10 per person

Junior Ranger 3-day program

$5.00 per class

Bike Tour: visitors can supply their own bike or rent separately

$2.00 per person
$6.00 per family

Notes on interpretive and educational tours and programs:

Additional costs for supplies and materials may apply.

4VAC5-36-160. Outdoor skill program fees.

OUTDOOR SKILL PROGRAMS (NONTAXABLE)

Outdoor Skill Programs

FEE

Grayson Highlands

Outdoor Survival Skills and Backpacking

$95 per person

Basic Map and Compass

$25 per person

Beginning Rock Climbing and Backpacking

$95 per person

Advanced Map and Compass Skills

$25 per person

Westmoreland, Douthat, Hungry Mother, False Cape

Photography Workshop, with meals and lodging

$325 per person

Photography Workshop, with meals, no lodging

$295 per person

Photography Workshop, no meals, no lodging

$225 per person

Nonparticipant Lodging and Food

$235 per person

Nonparticipant Meals only

$125 per person

Lake Anna

Prospecting for Gold Workshop

$50 per person

Hungry Mother

Mountain Empire Fly Fishing School

$225 per person

Grayson Highlands

Guided Fly Fishing Trip: Half-day
Guided Fly Fishing Trip: Full-day

$50 per person
$75 per person

Sky Meadows

Outdoor Skills Workshop

$5.00 per class per person

$10 per class per family

Primitive Camping Series
(3 classes = 1 series)

$15 per series per person

$30 per series per family

Backpacking Series
(4 classes = 1 series)

$20 per series per person

$40 per series per family

4VAC5-36-180. State park performing arts events fees.

STATE PARK PERFORMING ARTS EVENTS (NONTAXABLE)

State Parks Performing Arts Events:

FEE

All parks unless otherwise noted below:

Under age 3 is free
$3.00 (Age 3 through 12)
$5.00 (Age 13 and over)

Pocahontas Premier Shows

$8.00 per person advance tickets, includes daily parking fee
$10 per person day of show
Children 12 and under free
$40 per person season tickets-includes daily parking fee for day of all Premier shows

$5.00 per person the day of show with coupon and the purchase of one ticket at full price

Natural Tunnel Gospel Singing Festival

$5.00 per vehicle

Douthat Performing Arts in the Park

Under age 3 is free
$4.00 (Age 3 through 12)
$9.00 (Age 13 and over)

Smith Mountain Lake: Music in the Park (per event)

Under age 12 is free
$3.00 (Age 13 and over)

Pass for 10 events

$20

Pass for 15 events

$28

Note on Performing Arts Event Fees:

Cancellation Policy for Performing Arts Programs:

1. Generally, all events go on rain or shine and no refunds will be given. If an event is canceled by management, a full refund will be provided to ticket holders if rescheduling is not an option. No refunds will be given for any reason other than event cancellation.

2. "Ticket as Voucher" policy for Performing Arts Series: Generally, all events go on rain or shine. Should a specific event/program in the series be canceled by management, the cancellation policy regarding refunds (see 1 above) applies. However, unused tickets, including tickets not used due to purchaser's own decision, retain face value that may be applied to entry to subsequent events, including events in future seasons. No refunds will be given for any reason other than event cancellation.

4VAC5-36-190. Environmental education center fees.

ENVIRONMENTAL EDUCATION SERVICES AND FACILITIES FEES (TAXABLE unless otherwise noted)

PARK

SERVICE OR FACILITY

FEE

Caledon

Rental of Environmental Education Center

$60 per day
$40 per half-day

First Landing

Chesapeake Bay Center Exhibit Area. Fee required after 5 p.m. or after regular operating hours

$25 per hour

False Cape State Park

Wash Woods Environmental Education Center - Use by educational group

$200 per night
$60 day use

Wash Woods Environmental Education Center - Use by noneducational group

$300 per night
$100 day use

Deposit to accompany reservation application

$40

Environmental Education Programs (Nontaxable)

$75

Bus transportation for educational group (Nontaxable)

$36 round trip
$18 one way

Bus transportation for noneducational group (Nontaxable)

$48 round trip
$24 one way

Bus transportation within the park (Nontaxable)

$18 per hour

Beach vehicle transportation for educational group (10 person minimum)

$100 round trip

Beach vehicle transportation for noneducational group (10 person minimum)

$160 round trip

Beach vehicle transportation, individual rate on regularly scheduled dates

$8.00 round trip per person

Transportation, Additional Park Vehicle (Nontaxable)

$36 round trip

Transportation for nonemergency but unplanned trips out of park:

Transportation for Camper

$18 per trip

Transportation for Camper with Canoe or Kayak

$24 per trip

Kayak/Canoe Trailer Transportation for Campers

$100 per trip

After hours transportation surcharge

$8.00 per trip

Equipment Rental

$25

Mason Neck

Hartwell Environmental Education Center Mason Neck State Park Conference Room (Includes wet lab sampling and A.V. equipment)

$50 per half-day
$80 per full-day

Environmental Education Equipment only: Excludes center and wet lab conference room – outdoor activity only

$25 per half-day
$40 per full-day

Leesylvania

Discovery Room

Teacher-Led Programs Up to 4 hours (Nontaxable)

$50

Ranger-Led Programs Up to 4 hours (Nontaxable)

$85

Menu Programs: Picked by instructor – led by ranger; 1-hour 15-minute minimum (Nontaxable)

$30

Equipment Rental: For use outside of Visitor Center; 4 hour maximum

$20

Note on Environmental Education Center Fees:

Environmental Education Center Cancellation Policy: For day-use E.E.C. cancellation policy, Picnic Shelter cancellation policy shall apply. For overnight-use E.E.C. cancellation policy, cabin cancellation policy shall apply.

4VAC5-36-200. Miscellaneous rental fees.

RENTALS (TAXABLE; Price here does not include tax)

Bike Rentals (includes helmet)

FEE

All parks where available unless otherwise noted

$3.00 per hour
$8.00 per half-day
$15 per full-day

Claytor Lake

$4.00 per hour
$25 per day

New River Trail, James River, Mason Neck

$5.00 per hour
$12 per half-day
$18 per day

First Landing

$5.00 per hour
$16 per day

Bike Helmet without bike rental

$1.00

Child Cart for bike

$5.00

Boat Rentals

Standard Paddle Boat Rental:

All parks where available unless otherwise noted

$4.00 per half-hour
$6.00 per hour

Fairy Stone, Westmoreland, Hungry Mother

$5.00 per half-hour
$8.00 per hour

Smith Mountain Lake

$10 per half-hour
$15 per one hour
$80 for 24 hours
$30 additional for each day after first day

Standard Canoe Rental:

All parks where available unless otherwise noted.

$8.00 per hour
$15 per half-day
$25 per full-day
$40 for 24 hours
$100 per week

Smith Mountain Lake

$8.00 per half-hour
$12 per one hour
$60 for 24 hours
$30 additional for each day after first day

Claytor Lake

$10 $12 per hour
$35 per half-day
$50 per day

Leesylvania, Mason Neck

$7.00 per half-hour
$12 per hour
$35 per half-day
$50 per day

James River

$10 per hour (does not include shuttle)
$40 per day (does not include shuttle)
$120 per week (does not include shuttle)
$12 per half hour past return time

Standard Float Trips:

James River

Bent Creek to Canoe Landing:

Canoe

$45 Max 3 people

Single Kayak

$35 per kayak

Double Kayak

$45 per kayak

Canoe Landing to Dixon Landing:

Tubes

$12 per tube

Group of four or more

$10 per tube

Canoe

$15 per canoe

Single Kayak

$15 per kayak

Double Kayak

$15 per kayak

Bent Creek to Dixon Landing:

Canoe

$50 per canoe

Single Kayak

$40 per kayak

Double Kayak

$50 per kayak

Shuttle Service Only:

Canoe Landing to Dixon Landing, canoe or single kayak, scheduled or unscheduled

$2.00 per person
$5.00 per canoe/kayak

Bent Creek Shuttle (Scheduled)

$5.00 per boat (canoe/kayak)
$5.00 per person

Bent Creek Shuttle (Unscheduled)

$15 per boat (canoe/kayak)
$15 per person

Tubes

$5.00 per person/Bent Creek Shuttle
$2.00 between landings in park

Late Rental Fee

$15 per half hour past return time

New River Trail

$7.00 per hour
$20 per half-day
$30 per day
$35 per half-day, includes canoe rental and shuttle
$50 per full day, includes canoe rental and shuttle

Canoe Rental (includes shuttle)

Trip A: Austinville to Foster Falls

$35 per canoe

Trip B: Ivanhoe to Austinville

$45 per canoe

Trip C: Ivanhoe to Foster Falls

$50 per canoe

Trip D: Foster Falls to Route 100

$45 per canoe

Trip E: Route 100 to Allisonia

$50 per canoe

Trip F: Foster Falls to Allisonia

$55 per canoe

Kayak Rental (includes shuttle)

Trip A: Austinville to Foster Falls

$25 per kayak

Trip B: Ivanhoe to Austinville

$35 per kayak

Trip C: Ivanhoe to Foster Falls

$40 per kayak

Trip D: Foster Falls to Route 100

$35 per kayak

Trip E: Route 100 to Allisonia

$40 per kayak

Trip F: Foster Falls to Allisonia

$45 per kayak

Standard Rowboat Rental, without motor:

All parks where available unless otherwise noted

$6.00 per hour
$12 per half-day
$22 per full-day
$36 per 24 hours
$80 per week

Hungry Mother: Rowboats

$4.00 per hour
$15 per day
$40 per week

New River Trail: Rafts and flat-bottom boats

$7.00 per hour
$20 per half-day
$30 per day

Standard Rowboat Rental with electric motor and battery: All parks where available unless otherwise noted

$10 per hour
$20 per 4 hours
$36 per day
$100 per 4 days
$150 per week

Standard Motorboat Rental, 16-foot console steering, 25-45 horsepower outboard. All parks where available.

$18 per hour
$90 per day

Standard Fishing Boat Rental with gasoline motor and one tank of fuel: All parks where available.

$10 per hour (2-hour minimum)
$50 per day

Pedal Craft Rental: (Hydro-Bike, Surf-Bike, etc.) All parks where available unless otherwise noted.

One person.

$8.00 per hour

Two person.

$10 per hour

Smith Mountain Lake: Hydro Bike

$8.00 per half hour
$12 per hour
$4.00 additional per hour after first hour
$60 per 24 hours
$30 additional per day after first day

Barracuda Boat. All parks where available

$10 per hour

Solo Kayak Rental:

All parks where available unless otherwise noted

$8.00 per hour
$20 per half-day
$30 per day
$40 for 24 hours
$100 per week

Westmoreland

$9.00 per hour
$17 per half-day
$30 per day

Smith Mountain Lake

$8.00 per half hour
$12 per hour
$60 per 24 hours
$30 additional per day after first day

Mason Neck

$6.00 per half-hour
$10 per hour
$35 per half-day
$50 per day

James River

$7.00 per hour (does not include shuttle)
$20 per day (does not include shuttle)
$80 per week (does not include shuttle)
$12 per half hour past return time

Claytor Lake

$8.00 $10 per hour
$25 per half-day
$40 per day

Tandem Kayak Rental:

All parks where available unless otherwise noted.

$10 per hour
$20 per half-day
$30 per full-day
$45 for 24 hours
$120 per week

Claytor Lake

$10 per hour
$35 per half-day
$50 per day

Westmoreland

$12 per hour
$22 per half-day
$36 per day

Smith Mountain Lake

$10 per half-hour
$15 per hour
$80 for 24 hours
$30 additional for each day after first day

Mason Neck

$8.00 per half-hour
$15 per hour
$45 per 4 hours
$60 per day

Smith Mountain Lake: 14-foot fishing boat with 5 hp (3 person capacity). Rental does not include fuel and oil. Damage deposit of $200 required.

$50 for 3 hours
$10 additional per hour after first 3 hours
$150 for 24 hours
$30 additional per day after first day

Claytor Lake: 14-foot v-hull boat with 25 16-foot Bass Tracker with 60 hp motor. Damage deposit of 50% required

$25 $30 per hour
$65 $75 per half-day
$100 $115 per day

Claytor Lake: 17-foot bowrider with 135 hp motor. Damage deposit of 50% required

$40 $45 per hour
$115 $120 per half day
$180 $185 per day

Claytor Lake: 20-foot pontoon boat with 90 hp motor. Damage deposit of 50% required

$40 $45 per hour
$110 $120 per half-day
$175 $185 per day

Claytor Lake: 24-foot pontoon boat with 75 hp motor. Damage deposit of 50% required

$45 $50 per hour
$125 $140 per half-day
$200 $210 per day

Claytor Lake: 30-foot pontoon boat with 115 hp motor. Damage deposit of 50% required

$60 per hour
$160 $165 per half-day
$250 per day

Claytor Lake: 18-foot bowrider with 190 hp motor. Damage deposit of 50% required

$45 $50 per hour
$125 $135 per half-day
$200 $205 per day

Claytor Lake: 19-foot bowrider with 220 hp motor, Damage deposit of 50% required.

$50 $55 per hour
$135 $150 per half-day
$220 $225 per day

Occoneechee: 17-1/2-foot fishing boat. Rental includes 30 gallons of fuel. Damage deposit of $200 required

$85 per hour
$20 additional per hour after first hour
$175 per 8 hours
$875 per 7 day week

Occoneechee: 20-foot pontoon boat with motor (8 person capacity) Rental includes 30 gallons of fuel. Damage deposit of $200 required.

$85 per hour
$20 additional per hour after first hour
$175 per 8 hours
$875 per 7 day week

Occoneechee: 22-foot pontoon boat with motor (10 person capacity) Rental includes 30 gallons of fuel. Damage deposit of $200 required.

$95 per hour
$20 additional per hour after first hour
$185 per 8 hours
$925 per 7 day week

Occoneechee: 25-foot pontoon boat with motor (14 person capacity) Rental includes 30 gallons of fuel. Damage deposit of $200 required.

$110 per hour
$25 additional per hour after first hour
$230 per 8 hours
$1,150 per 7 day week

Smith Mountain Lake: 18-20-foot Runabout with 190 hp (8 person capacity). Rental does not include fuel and oil. Damage deposit of $200 required.

$165 for 3 hours
$20 additional per hour after first 3 hours
$255 per 8 hours
$320 for 24 hours
$100 additional per day after first day

Claytor Lake: 18-foot pontoon boat (7 person capacity) or 21-foot pontoon boat (9 person capacity). Damage deposit of 50% required

$35 $40 per hour
$100 $110 per half-day

$165 $170 per day

Claytor Lake: Jet Ski 15.5 hp (for use with rental of pontoon boat only).

$125 $110 per half-day
$200 $170 per day

Smith Mountain Lake: 24-foot pontoon boat with 40 hp (10-12 person capacity). Damage deposit of $200 required.

$90 for 3 hours
$20 additional per hour after first 3 hours
$165 per 8 hours
$215 for 24 hours
$80 additional each day after first day

Smith Mountain Lake: Personal Watercraft (Waverunner 700). Rental does not include fuel and oil. Damage deposit of $500 required.

$180 for 3 hours
$20 additional per hour after first 3 hours
$270 per 8 hours
$335 for 24 hours
$130 additional per day after first day

Belle Isle: Motorboat less than 25 horsepower (3 gallons of fuel included, 2 hour minimum)

$15 per hour
$60 per half-day
$100 per day

Belle Isle: Motorboat 25-49 horsepower (11 gallons of fuel included, 2 hour minimum)

$22 per hour
$70 per half-day
$110 per day

Standard Damage/Replacement Fees: All parks where available unless otherwise noted. Not required for damage due to normal wear and tear.

Paddle

$20

Anchor/Rope

$40

Fuel Tank/Hose

$60

Fire Extinguisher

$25

Throw Cushion

$10

Propeller (small)

$100

Propeller (large)

$135

Personal Flotation Device (PFD): replacement fee for lost/damaged PFD

$25 each

Other Rentals:

Personal Flotation Device (PFD): When separate from boat rental.

$1.00 per day

Smith Mountain Lake, James River: Personal Floatation Device, type II.

$5.00 for first day
$1.00 additional days

Smith Mountain Lake: Personal Floatation Device, type III

$7.00 for first day
$2.00 additional days

Canoe/Kayak Paddles: All parks where available unless otherwise noted.

$5.00 per day

New River Trail: Float Tubes

$5.00 per hour
$12 per half-day
$18 per day

James River:

Cooler Tubes

$3.00 per day

Seat Backs (kayaks)

$3.00 per day

Tubes

$8.00 per hour (does not include shuttle)
$20 per day (does not include shuttle)
$12 per half hour past return time

Claytor Lake: 2-person tow tube and towrope (with rental of boat only)

$20 per 2 hours
$25 per half-day
$30 per day

Claytor Lake: Water skis and towrope (with rental of boat only)

$20 per 2 hours
$25 per half-day
$30 per day

Claytor Lake: Kneeboard and towrope (with rental of boat only)

$15 per 2 hours
$20 per half-day
$25 per day

Smith Mountain Lake: Tow tube; Water Skis; Knee Board

$15 per day with boat rental
$5.00 per additional day
$25 per day without boat rental

Smith Mountain Lake: Wake Board

$25 per day with boat rental
$10 per additional day
$30 per day without boat rental

Mobile Pig Cooker: All parks where available unless otherwise noted.

$40 per day

GPS Units

$6.00 per unit per half-day
$10 per unit per day

Volleyball Net and Ball Rental: All parks where available.

$10

Binocular Rentals (2 hours): All parks where available.

$2.00

Beach Floats: All parks where available.

$1.00 per hour
$3.00 for 4-hours
$5.00 for full-day

Surf Lounge Floating Chair Rental. All parks where available.

$2.00 per hour, single chair
$5.00 per half-day, single chair
$7.00 per full day, single chair
$3.00 per hour, double chair
$7.00 per half-day, double chair
$10 per full day, double chair

Body Board: First Landing

$6.00 per day

Beach Umbrella: All parks where available unless otherwise noted.

$3.00 per hour
$8.00 for 4 hours
$15 for full-day

First Landing

$6.00 per day

Beach Chair: All parks where available

$5.00 per day

First Landing

$6.00 per day

Fishing Rods: All parks where available unless otherwise noted.

$5.00 per half-day

First Landing

$6.00 per day
$3.00 per rod per fishing program

Tents with a group camp reservation. All parks where available.

2-person tent

$12 per day

3-person tent

$20 per day

4-person tent

$25 per day

5-person tent

$30 per day

Coleman Camp Stove Rental, includes fuel

$10 per day

Tabletop Propane Grill, includes fuel

$15 per day

Coin-Operated Washing Machine: All parks where available unless otherwise noted.

$1.25 per load, tax included

First Landing

$1.50 per load, tax included

Coin Operated Dryer: All parks where available unless otherwise noted.

$1.25 per load, tax included

First Landing

$1.50 per load, tax included

6-Foot Table (Includes 6 chairs)
Additional chairs: All parks where available unless otherwise noted.

$20 per rental period
$3.00 each per rental period

Caledon

$8.00 per 6' round table
$1.50 per white padded seat chair

Pump Out: All parks where available unless otherwise noted.

$5.00

Horse Rentals:

All parks where available unless otherwise noted.

$20 per one-hour ride
$40 per two-hour ride
$100 per full day ride

Pony Rides: All parks where available unless otherwise noted.

$5.00 per 15 minutes

Horseback Riding Lessons: All parks where available unless otherwise noted.

$25 per lesson on group basis
$30 per lesson for individual

Horseback Summer Day Camp: All parks where available unless otherwise noted.

$180 per person per week

Horseshoe or Croquet Rental for Campers. All parks where available.

$1.00 per hour
$5.00 per day
$20 deposit

4VAC5-36-210. Conference center and meeting facility fees.

CONFERENCE CENTERS (TAXABLE)

Prices may be discounted and/or waived by the director when necessary to create competitive bids for group sales.

FEE

Hemlock Haven Conference Center at Hungry Mother

Main Hall (Capacity: 375)

$275 per day

Upper Level (Capacity: 50)

$175 per day

Redbud Room: (Capacity 35)

$75 per day

Laurel Room (Capacity: 20)

$40 per day

Entire Meeting Room Complex

$420 per day

Day Use Recreational Package (Includes all outside recreational facilities)

0 – 250 Persons

$300 per half-day
$600 per full-day

250 – 500 Persons

$425 per half-day
$850 per full-day

500 + persons

$575 per half-day
$1,200 per full-day

Cedar Crest Conference Center at Twin Lakes

Complex: Doswell Hall with deck, grounds, volleyball, horseshoes; Kitchen, Latham and Hurt Rooms NOT included.

$229 per 4 hours
$459 per day
$53 each extra hour

Doswell Meeting Room: Meeting Room Only; no kitchen or dining room.

$164 per room per 4 hours
$328 per room per day
$37 each extra hour

Small breakout rooms with main room: Latham and Hurt.

$65 per room per 4 hours
$131 per room per day
$21 each extra hour

Small breakout rooms without main room.

$98 per room per 4 hours
$196 per room per day
$37 each extra hour

Picnic Shelter or Gazebo at Cedar Crest.

$68 per 4 hours
$131 per day
$11 each extra hour

Kitchen rental Only available with complex rental.

$105 per event

Kitchen Cleaning Fee: Deposit.

$150 per event

Chippokes Plantation Meeting, Conference, and Special Use Facilities

Mansion Conference Room.

$26 per hour

Mansion or Historic Area Grounds (Includes parking for party rental).

$525 per 4 hours

Mansion Board Room

$105 per 4 hours

Chippokes Plantation Conference Shelter (Available on reservation basis only).

$105 per 4 hours

Wedding Package (includes historic area grounds, gardens, tent set up and take down, 10 60-inch round tables, 10 standard size rectangle tables, 100 folding chairs, Wedding Coordinator, changing room for bride and groom, Mansion kitchen area, boardroom, no fee for wedding rehearsal).

$1,412 per 4 hours
$2,073 per 8 hours
$50 nonrefundable reservation fee

Southwest Virginia Museum – Victorian Parlor Room Rental (Based on 4-hour rental)

DAY

EVENING

Victorian Parlor

Up to 30 People (8 tables – 30 chairs) OR Up to 50 people (50 chairs and head table)

$42

$68

Additional meeting rooms: Victorian Parlor must be rented in order to rent additional rooms.

Hallway (downstairs) (Includes three existing tables with linens)

$11

$11

Additional Hours

$10 per hour

$10 per hour

Exceeding approved hours

$20 per hour

$20 per hour

Wedding Portraits

$52 per 2 hours

$78 per 2 hours

Wedding Packages

EVENT

Wedding Package A: Accommodates 100 people. Use of arbor in Victorian Garden. Setup of 100 chairs. One parking attendant. Use of wedding space for previous night's rehearsal. Bride and groom dressing rooms. Free use of facilities for wedding portrait (must be scheduled).

$500

Wedding Package B: Accommodates 100 people. Use of a 40x40 Tent. Small platform stage (4"H x 8'W x 8'L). Accent rope lighting. Setup of 100 chairs. One parking attendant. Use of wedding space for previous night's rehearsal. Bride and groom dressing rooms. Free use of facilities for wedding portrait (must be scheduled).

$1,500

Wedding Package C: Accommodates 200 people (this requires an off-site reception area). Use of a 40x60 tent. Small platform stage (4"H x 8'W x 8'L). Accent rope lighting. Setup of 200 chairs. Two parking attendants. Use of wedding space for previous night's rehearsal. Bride and groom dressing rooms. Free use of facilities for wedding portrait (must be scheduled).

$2,500

Reception Packages

Casual Reception Package A: May be reserved with Wedding Package A or B. Use of Victorian Parlor or foyer; parlor set with serving tables and linens. Use of serving kitchen.

$200

Casual Reception Package B: May be reserved with Wedding Package A or B. Use of 20x30 tent; set with tables and linens. Use of serving kitchen.

$300

Formal Reception Package C: May be reserved with Wedding Package A or B. Use of 40x60 tent; sit-down reception for 100 to include tables, linens and chairs. Use of serving kitchen.

$2,250

Wedding and Reception Combination Package

Wedding and Reception Combination Package: Accommodates 100 people. Both wedding and reception are held under the same tent. Use of a 40x60 tent. Small platform stage (4"H x 8'W x 8'L). Accent rope lighting. Setup of 100 chairs. One parking attendant. Use of wedding space for previous night's rehearsal. Bride and groom dressing rooms. Free use of facilities for wedding portrait (must be scheduled). Back of tent set with serving tables and linens. Use of serving kitchen.

$2,500

Damage Fee: a minimal damage fee will be accessed the person(s) renting the property for damage to the site.

$200

Wilderness Road (Mansion and Ground Rental)

Mansion or Lawn: separately

$63 for 4 hours

Mansion and Lawn: combined

$105 for 4 hours

Additional hours beyond scheduled operating hours

$11 per hour

Karlan Mansion and Grounds Rental

$350 for first day
$150 for each additional day

Cove Ridge Center at Natural Tunnel:

PRIVATE FEE

EDUCATIONAL FEE

Cove Ridge Center Annual Membership: Membership entitles organization to a 25% discount on facility rental fees and group rates on all programming offered through the center.

$1,050 per year

$525 per year

Day Use: Exclusive use of the auditorium, meeting room, resource library, catering kitchen, great room with stone fireplace and deck for two consecutive half-day rental periods, and parking passes.

$315

$210

Overnight Use of one dorm: Includes Day Use Package plus one dorm rooms for one night and swimming (in season).

$683

$498

Overnight Use of both dorms: Includes Day Use Package plus two dorm rooms for one night and swimming (in season).

$892

$656

Wedding Package Day Use: Exclusive use of the auditorium, meeting room, resource library, catering kitchen, great room with stone fireplace and deck for three consecutive half-day rental periods, and parking passes.

$525

NA

Wedding Package Overnight: Includes Day Use Package plus one dorm for one night and swimming (in season).

$919

NA

Wedding Package Overnight: Includes Day Use Package plus both dorms for one night and swimming (in season).

$1,102

NA

Wedding Package with Amphitheater: Rental of the park amphitheater in conjunction with any of the above wedding packages.

$236 for the rental period

NA

Removal of furniture from great room (only available with exclusive use of the center).

$42

$42

Additional seating on deck (only available with exclusive use of the center).

$42

$0

Auditorium

$126 per half day
$231 per full day

$99 per half day
$183 per full day

Classroom – Library (half-day)

$63

$47

One dorm: Overnight lodging for up to 30, includes swimming (in season) and parking passes.

$420 per night
April 1-October 31
$378 per night
November 1-March 31

$315 per night April 1-October 31
$283 per night November 1-March 31

Both Dorms: Overnight lodging for up to 60, includes swimming (in season) and parking passes.

$630 per night April 1-October 31
$567 per night November 1-March 31

$472 per night April 1-October 31
$425 per night November 1-March 31

Per Person Student Rate for Overnight Dorm Use

$13 per person

$13 per person

Kitchen Use (when not included in package)

$50 per event

$50 per event

Heritage Center at Pocahontas: All reservations require 50% down at time of reservation (Nonrefundable within 14 days of event)

PRIVATE FEE

EDUCATIONAL FEE

Large Room (Capacity: seated at tables 50; reception style 125, auditorium 80: includes tables, chairs, and warming kitchen)

$131 per 4 hours
$236 per full-day
$26 each extra hour

$78 per 4 hours
$141 per full-day
$15 each extra hour

Westmoreland

FEE

Tayloe and Helen Murphy Hall Meeting Facility: Includes Main Meeting Room, Kitchen, and Grounds

$500 (8 a.m. to 10 p.m.)
$350 additional rental days after first day
$75 per hour for usage beyond reservation period

Potomac Overlook Rental

$55 per day

Breakout Meeting Room (May be rented separately from main meeting room only within 45 days of event.

$75 (8 a.m. to 10 p.m.)

Kitchen Clean Up Fee: (Waived if renter cleans facility)

$250 per event

Wedding Package - Includes half-day rental for wedding rehearsal, and a full-day rental for wedding/reception

$300

Potomac River Retreat: Table and Chair Set-up

$40

Fairy Stone

Fayerdale Hall Meeting Facility Weekend Rental. Includes Friday, Saturday, and Sunday

One Day Rental

$236 (8 a.m. to 10 p.m.)

Two Consecutive Days Rental

$315

Three Consecutive Days Rental

$366

Fayerdale Hall Meeting Facility Weekday Rental. Includes Monday through Thursday only.

One Day Rental

$75 (8 a.m. to 10 p.m.)

Two Consecutive Days Rental

$125

Three Consecutive Days Rental

$174

Four Consecutive Days Rental

$225

Douthat

Restaurant (includes table set-up)

$236

Allegheny Room: Up to 30 persons.

$158 per day

Wedding Package: Conference room and amphitheater (see "amphitheater section") on day of wedding, plus an extra half-day amphitheater for rehearsal.

$289

First Landing

Trail Center Conference Room (Capacity: 45)

$42 per half-day
$63 per full-day

Lake Anna

Visitor Center

$32 per half-day
$53 per full day

Concessions Building Rental

$100 per day

Bear Creek Lake

Meeting facility

$236 per day
$25 each extra hour

Wedding Package

$315 per day

Claytor Lake

Marina Meeting Facility: Includes facility, chairs, and tables.

$550 per day
$825 per two days

Wedding Package: Includes rental of facility, chairs, tables, gazebo, and special use permit ($10 permit fee is waived with package).

$625 per day package
$995 per two-day package

Leesylvania Wedding/Function Package: Includes Rental of: Lee's Landing Picnic Shelter, 100 Chairs, 15 Tables, and Parking for up to 50 vehicles

$840 per half-day
$945 per full-day

Mason Neck

Wedding Package: 20 foot by 40 foot tent, 100 chairs, parking for up to 50 cars

$788 per event

Parking Attendant

$53 per 4 hours

Smith Mountain Lake

Meeting room at Visitor Center

$158 per day

Exceeding approved hours. All parks unless otherwise noted below.

$25 per hour

Sky Meadows

Timberlake House Meeting Room
Capacity 15 people

$50 per day 8 a.m. to 5 p.m.
$75 per evening beyond 5 p.m.

Timberlake House Kitchen (in conjunction with rental of meeting room)

$25 per day or part of day

Equipment and Services Associated with Meetings and Rentals:

Microphone/Podium Rental

$15 per day

Chair Rentals

White, padded

$3.00

White, plastic event chair

$1.50

Standard folding chair

$1.00

Table Rentals

Rectangular, 6'

$7.50

Rectangular, 8'

$8.00

Round, 4'

$7.50

Round, 5'

$8.75

Round, 6'

$15

Linen Rentals:

Table cloth only
Place settings

$3.00 per table
$2.00 each

Twin Lakes

Overlay

$1.25 per table

Napkins

$0.40 per napkin

Fax

First 2 pages free
$2.00 each extra page

Copies

Single copy free
$0.15 each extra copy

Lost Key Fee

$10

Easels

$5.00 per day

Overhead Projector

$10 per day

TV with VCR

$10

Second TV

$10

Overhead Projector with Screen

$10

Slide Projector with Screen

$10

Flip Chart

$10

Event Clean Up Fees

Park labor to clean up after special events and facility rentals if not done in accordance with rental agreement or use permit

$50 per hour

Notes on conference and meeting facilities fees:

1. Conference and meeting facilities require a 30% prepayment due 10 days after making reservation, and payment of the full balance prior to or on the first day of the reservation. Cancellations made 14 or more days prior to the first day of the reservation shall be charged the lesser of 10% of the total fee or $100. Cancellations made less that 14 days prior to the first date of the reservation shall be charged 30% of the total fee.

2. Alcohol use during weddings at the Southwest Virginia Museum: Weddings held during public operating hours of the museum will not be allowed to serve alcohol. Weddings held after regular operating hours of the museum must comply with ABC permit laws and have alcohol in the designated reception areas.

VA.R. Doc. No. R11-2624; Filed November 2, 2010, 3:42 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
VIRGINIA SOIL AND WATER CONSERVATION BOARD
Final Regulation

REGISTRAR'S NOTICE: The Virginia Soil and Water Conservation Board is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The Virginia Soil and Water Conservation Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 4VAC50-20. Impounding Structure Regulations (amending 4VAC50-20-30, 4VAC50-20-50, 4VAC50-20-105, 4VAC50-20-175, 4VAC50-20-220; adding 4VAC50-20-53).

Statutory Authority: § 10.1-605 of the Code of Virginia.

Effective Date: December 22, 2010.

Agency Contact: 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.

Summary:

Chapters 249 and 270 of the 2010 Acts of Assembly resulted in modifications to certain technical elements of the Virginia Dam Safety Act requiring amendments to the Virginia Impounding Structure Regulations. Specifically, this action makes the following amendments to the regulations:

In 4VAC50-20-30, definitions are added that explain the difference between an existing impounding structure and new construction for the purposes of defining to which impounding structures the 0.9 PMP is applicable.

In 4VAC50-20-50, Table 1, the newly defined terms (new construction and existing impounding structures) are used to delineate spillway design standards, and a column is added to set out the revised spillway standards for existing impounding structures. The primary change is the reduction from a PMF spillway design flood standard to 0.90 PMP for high hazard dams. Also in Table 1, under the Minimum Threshold for Incremental Damage Analysis column, the threshold floor for high hazard dams is changed from 0.50 PMF to 100-year. Finally in Table 1, the action adds (i) subsection F to point to the location of the new definitions for existing impounding structures and for new construction; (ii) subsection G to indicate that a 0.6 PMP spillway design flood may be acceptable if the owner meets the requirements set out in a new section, 4VAC50-20-53; and (iii) subsection H that explains what probable maximum precipitation (PMP) means.

4VAC50-20-53 is a new section that sets out special criteria and certification requirements for a high hazard dam owner that wants to utilize a 0.6 PMP spillway design flood standard.

In 4VAC50-20-105, a requirement is added for the inclusion of the certification statement as part of a dam owner's regular operation and maintenance certificate application if the owner is claiming the 0.6 PMP standard that is set out in the new 4VAC50-20-53.

Also in 4VAC50-20-105, in the subsection regarding inspection frequency, a statement is added that references the annual inspection requirement by a licensed professional engineer for a dam owner who is claiming the 0.6 PMP standard pursuant to the new 4VAC50-20-53. Under 4VAC50-20-53, the inspections for a high hazard dam are annual rather than every two years.

4VAC50-20-175 clarifies via reference to the new 4VAC50-20-53 that a table-top exercise needs to be done at least once every two years if the dam owner is claiming the 0.6 PMP standard. The current standard is once every six years.

In 4VAC50-20-220, a statement is included regarding the ability for a dam owner to submit to the board his own plan to address deficiencies. This standard practice already is within the Dam Safety Program and the statement adds clarity.

4VAC50-20-30. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Acre-foot" means a unit of volume equal to 43,560 cubic feet or 325,853 gallons (equivalent to one foot of depth over one acre of area).

"Agricultural purpose" means the production of an agricultural commodity as defined in § 3.1-249.27 of the Code of Virginia that requires the use of impounded waters.

"Agricultural purpose dams" means impounding structures which are less than 25 feet in height or which create a maximum impoundment smaller than 100 acre-feet, and operated primarily for agricultural purposes.

"Alteration" means changes to an impounding structure that could alter or affect its structural integrity. Alterations include, but are not limited to, changing the height or otherwise enlarging the dam, increasing normal pool or principal spillway elevation or physical dimensions, changing the elevation or physical dimensions of the emergency spillway, conducting necessary structural repairs or structural maintenance, or removing the impounding structure. Structural maintenance does not include routine maintenance.

"Alteration permit" means a permit required for any alteration to an impounding structure.

"Board" means the Virginia Soil and Water Conservation Board.

"Conditional Operation and Maintenance Certificate" means a certificate required for impounding structures with deficiencies.

"Construction" means the construction of a new impounding structure.

"Construction permit" means a permit required for the construction of a new impounding structure.

"Dam break inundation zone" means the area downstream of a dam that would be inundated or otherwise directly affected by the failure of a dam.

"Department" means the Virginia Department of Conservation and Recreation.

"Design flood" means the calculated volume of runoff and the resulting peak discharge utilized in the evaluation, design, construction, operation and maintenance of the impounding structure.

"Director" means the Director of the Department of Conservation and Recreation or his designee.

"Drill" means a type of emergency action plan exercise that tests, develops, or maintains skills in an emergency response procedure. During a drill, participants perform an in-house exercise to verify telephone numbers and other means of communication along with the owner's response. A drill is considered a necessary part of ongoing training.

"Emergency Action Plan or EAP" means a formal document that recognizes potential impounding structure emergency conditions and specifies preplanned actions to be followed to minimize loss of life and property damage. The EAP specifies actions the owner must take to minimize or alleviate emergency conditions at the impounding structure. It contains procedures and information to assist the owner in issuing early warning and notification messages to responsible emergency management authorities. It shall also contain dam break inundation zone maps as required to show emergency management authorities the critical areas for action in case of emergency.

"Emergency Action Plan Exercise" means an activity designed to promote emergency preparedness; test or evaluate EAPs, procedures, or facilities; train personnel in emergency management duties; and demonstrate operational capability. In response to a simulated event, exercises should consist of the performance of duties, tasks, or operations very similar to the way they would be performed in a real emergency. An exercise may include but not be limited to drills and tabletop exercises.

"Emergency Preparedness Plan" means a formal document prepared for Low Hazard impounding structures that provides maps and procedures for notifying owners of downstream property that may be impacted by an emergency situation at an impounding structure.

"Existing impounding structure" means any impounding structure in existence or under a construction permit prior to July 1, 2010.

"Freeboard" means the vertical distance between the maximum water surface elevation associated with the spillway design flood and the top of the impounding structure.

"Height" means the hydraulic height of an impounding structure. If the impounding structure spans a stream or watercourse, height means the vertical distance from the natural bed of the stream or watercourse measured at the downstream toe of the impounding structure to the top of the impounding structure. If the impounding structure does not span a stream or watercourse, height means the vertical distance from the lowest elevation of the downstream limit of the barrier to the top of the impounding structure.

"Impounding structure" or "dam" means a man-made structure, whether a dam across a watercourse or structure outside a watercourse, used or to be used to retain or store waters or other materials. The term includes: (i) all dams that are 25 feet or greater in height and that create an impoundment capacity of 15 acre-feet or greater, and (ii) all dams that are six feet or greater in height and that create an impoundment capacity of 50 acre-feet or greater. The term "impounding structure" shall not include: (a) dams licensed by the State Corporation Commission that are subject to a safety inspection program; (b) dams owned or licensed by the United States government; (c) dams operated primarily for agricultural purposes which are less than 25 feet in height or which create a maximum impoundment capacity smaller than 100 acre-feet; (d) water or silt retaining dams approved pursuant to § 45.1-222 or § 45.1-225.1 of the Code of Virginia; or (e) obstructions in a canal used to raise or lower water.

"Impoundment" means a body of water or other materials the storage of which is caused by any impounding structure.

"Life of the impounding structure" and "life of the project" mean that period of time for which the impounding structure is designed and planned to perform effectively, including the time required to remove the structure when it is no longer capable of functioning as planned and designed.

"Maximum impounding capacity" means the volume of water or other materials in acre-feet that is capable of being impounded at the top of the impounding structure.

"New construction" means any impounding structure issued a construction permit or otherwise constructed on or after July 1, 2010.

"Normal or typical water surface elevation" means the water surface elevation at the crest of the lowest ungated outlet from the impoundment or the elevation of the normal pool of the impoundment if different than the water surface elevation at the crest of the lowest ungated outlet. For calculating sunny day failures for flood control impounding structures, stormwater detention impounding structures, and related facilities designed to hold back volumes of water for slow release, the normal or typical water surface elevation shall be measured at the crest of the auxiliary or emergency spillway.

"Operation and Maintenance Certificate" means a certificate required for the operation and maintenance of all impounding structures.

"Owner" means the owner of the land on which an impounding structure is situated, the holder of an easement permitting the construction of an impounding structure and any person or entity agreeing to maintain an impounding structure. The term "owner" may include the Commonwealth or any of its political subdivisions, including but not limited to sanitation district commissions and authorities, any public or private institutions, corporations, associations, firms or companies organized or existing under the laws of this Commonwealth or any other state or country, as well as any person or group of persons acting individually or as a group.

"Planned land use" means land use that has been approved by a locality or included in a master land use plan by a locality, such as in a locality's comprehensive land use plan.

"Spillway" means a structure to provide for the controlled release of flows from the impounding structure into a downstream area.

"Stage I Condition" means a flood watch or heavy continuous rain or excessive flow of water from ice or snow melt.

"Stage II Condition" means a flood watch or emergency spillway activation or impounding structure overtopping where a failure may be possible.

"Stage III Condition" means an emergency spillway activation or impounding structure overtopping where imminent failure is probable.

"Sunny day dam failure" means the failure of an impounding structure with the initial water level at the normal reservoir level, usually at the lowest ungated principal spillway elevation or the typical operating water level.

"Tabletop Exercise" means a type of emergency action plan exercise that involves a meeting of the impounding structure owner and the state and local emergency management officials in a conference room environment. The format is usually informal with minimum stress involved. The exercise begins with the description of a simulated event and proceeds with discussions by the participants to evaluate the EAP and response procedures and to resolve concerns regarding coordination and responsibilities.

"Top of the impounding structure" means the lowest point of the nonoverflow section of the impounding structure.

"Watercourse" means a natural channel having a well-defined bed and banks and in which water normally flows.

4VAC50-20-50. Performance standards required for impounding structures.

A. In accordance with the definitions provided by § 10.1-604 of the Code of Virginia and 4VAC50-20-30, an impounding structure shall be regulated if the impounding structure is 25 feet or greater in height and creates a maximum impounding capacity of 15 acre-feet or greater, or the impounding structure is six feet or greater in height and creates a maximum impounding capacity of 50 acre-feet or greater and is not otherwise exempt from regulation by the Code of Virginia. Impounding structures exempted from this chapter are those that are:

1. Licensed by the State Corporation Commission that are subject to a safety inspection program;

2. Owned or licensed by the United States government;

3. Operated primarily for agricultural purposes that are less than 25 feet in height or that create a maximum impoundment capacity smaller than 100 acre-feet;

4. Water or silt-retaining dams approved pursuant to § 45.1-222 or 45.1-225.1 of the Code of Virginia; or

5. Obstructions in a canal used to raise or lower water.

Impounding structures of regulated size and not exempted shall be constructed, operated and maintained such that they perform in accordance with their design and purpose throughout the life of the project. For impounding structures, the spillway(s) capacity shall perform at a minimum to safely pass the appropriate spillway design flood as determined in Table 1. For the purposes of utilizing Table 1, Hazard Potential Classification shall be determined in accordance with 4VAC50-20-40.

TABLE 1
Impounding Structure Regulations

Applicable to all impounding structures that are 25 feet or greater in height and that create a maximum impounding capacity of 15 acre-feet or greater, and to all impounding structures that are six feet or greater in height and that create a maximum impounding capacity of 50 acre-feet or greater and is not otherwise exempt from regulation by the Code of Virginia.

Hazard Potential Class of Dam

Spillway Design Flood (SDF)B for New ConstructionF

Spillway Design Flood (SDF)B for Existing Impounding StructuresF,G

Minimum Threshold for Incremental Damage Analysis

High

PMFC

0.9 PMPH

.50 PMF 100-YRD

Significant

.50 PMF

.50 PMF

100-YRD

Low

100-YRD

100-YRD

50-YRE

B. The spillway design flood (SDF) represents the largest flood that need be considered in the evaluation of the performance for a given project. The impounding structure shall perform so as to safely pass the appropriate SDF. Reductions in the established SDF may be evaluated through the use of incremental damage analysis pursuant to 4VAC50-20-52. The SDF established for an impounding structure shall not be less than those standards established elsewhere by state law or regulations, including but not limited to the Virginia Stormwater Management Program (VSMP) Permit Regulations (4VAC50-60). Due to potential for future development in the dam break inundation zone that would necessitate higher spillway design flood standards or other considerations, owners may find it advisable to consider a higher spillway design flood standard than is required.

C. PMF: Probable Maximum Flood is the flood that might be expected from the most severe combination of critical meteorologic and hydrologic conditions that are reasonably possible in the region. The PMF is derived from the current probable maximum precipitation (PMP) available from the National Weather Service, NOAA. In some cases, a modified PMF may be calculated utilizing local topography, meteorological conditions, hydrological conditions, or PMP values supplied by NOAA. Any deviation in the application of established developmental procedures must be explained and justified by the owner's engineer. The owner's engineer must develop PMF hydrographs for 6-, 12-, and 24-hour durations. The hydrograph that creates the largest peak outflow is to be used to determine capacity for nonfailure and failure analysis. Present and planned land-use conditions shall be considered in determining the runoff characteristics of the drainage area.

D. 100-Yr: 100-year flood represents the flood magnitude expected to be equaled or exceeded on the average of once in 100 years. It may also be expressed as an exceedence probability with a 1.0% chance of being equaled or exceeded in any given year. Present and planned land-use conditions shall be considered in determining the runoff characteristics of the drainage area.

E. 50-Yr: 50-year flood represents the flood magnitude expected to be equaled or exceeded on the average of once in 50 years. It may also be expressed as an exceedence probability with a 2.0% chance of being equaled or exceeded in any given year. Present and planned land-use conditions shall be considered in determining the runoff characteristics of the drainage area.

F. For the purposes of Table 1 "Existing impounding structure" and "New construction" are defined in 4VAC50-20-30.

G. An existing impounding structure as defined in 4VAC50-20-30, that is currently classified as high hazard, or is subsequently found to be high hazard through reclassification, shall only be required to pass the flood resulting from 0.6 PMP instead of the flood resulting from the 0.9 PMP SDF if the dam owner meets the requirements set out in 4VAC50-20-53.

H. PMP: Probable maximum precipitation means the theoretically greatest depth of precipitation for a given duration that is meteorologically possible over a given size storm area at a particular geographical location at a particular time of year with no allowance made for future long-term climatic trends. In practice, this is derived over flat terrain by storm transposition and moisture adjustment to observed storm patterns. In Virginia, the 0.9 PMP is meant to characterize the maximum recorded rainfall event within the Commonwealth.

4VAC50-20-53. Special criteria for reduced SDF requirement for certain high hazard dams.

A. An existing impounding structure that is currently classified as high hazard, or is subsequently found to be high hazard through reclassification, shall be allowed to pass the flood resulting from 0.6 PMP instead of the flood resulting from 0.9 PMP SDF if the dam owner certifies annually that such impounding structure meets each of the following conditions:

1. The owner has a current emergency action plan that is approved by the board and that is developed and updated in accordance with 4VAC50-20-175;

2. The owner has exercised the emergency action plan in accordance with 4VAC50-20-175 and conducts a table-top exercise at least once every two years;

3. The department has verification that both the local organization for emergency management and the Virginia Department of Emergency Management have on file current emergency action plans and updates for the impounding structure;

4. The conditions at the impounding structure are monitored on a daily basis and as dictated by the emergency action plan;

5. The impounding structure is inspected at least annually by a professional engineer and all observed deficiencies are addressed within 120 days of such inspection. Such inspection reports shall be completed in accordance with 4VAC50-20-105 E and be submitted to the department with the owner's certification;

6. The owner has a dam break inundation zone map developed in accordance with the regulations that is acceptable to the department;

7. The owner is insured in an amount that will substantially cover the costs of downstream property losses to others that may result from a dam failure; and

8. The owner has the impounding structure's emergency action plan posted on his website, or upon the request of the owner, the department or another state agency responsible for providing emergency management services to citizens agrees to post the plan on its website. If the department or another state agency agrees to post the plan on its website, the owner shall provide the plan in a format suitable for posting.

A dam owner who meets the conditions of subdivisions 1 through 8 of this subsection, but has not provided record drawings to the department for his impounding structure, shall submit a complete record report developed in accordance with 4VAC50-20-70 J, excluding the required submittal of the record drawings.

B. The dam owner must retain documents for a six-year period that supports the certification of the elements set out in subsection A.

Part III
Certificate Requirements

4VAC50-20-105. Regular Operation and Maintenance Certificates.

A. A Regular Operation and Maintenance Certificate is required for an impounding structure. Such six-year certificates shall include the following based on hazard classification:

1. High Hazard Potential Regular Operation and Maintenance Certificate;

2. Significant Hazard Potential Regular Operation and Maintenance Certificate; or

3. Low Hazard Potential Regular Operation and Maintenance Certificate.

B. The owner of an impounding structure shall apply for the renewal of the six-year Regular Operation and Maintenance Certificate 90 days prior to its expiration. If a Regular Operation and Maintenance Certificate is not renewed as required, the board shall take appropriate enforcement action.

C. Any owner of an impounding structure that does not have a Regular Operation and Maintenance Certificate or any owner renewing a Regular Operation and Maintenance Certificate shall file an Operation and Maintenance Certificate Application. A form for the application is available from the department (Operation and Maintenance Certificate Application for Virginia Regulated Impounding Structures). Such application shall be signed by the owner and signed and sealed by a licensed professional engineer. The following information shall be submitted on or with the application:

1. The application shall include the following required information:

a. The name of structure and inventory number;

b. The proposed hazard potential classification;

c. Owner's name or representative if corporation, mailing address, residential and business telephone numbers, and other means of communication;

d. An operating plan and schedule including a narrative on the operation of control gates and spillways and the impoundment drain;

e. For earthen embankment impounding structures, a maintenance plan and schedule for the embankment, principal spillway, emergency spillway, low-level outlet, impoundment area, downstream channel, and staff gages;

f. For concrete impounding structures, a maintenance plan and schedule for the upstream face, downstream face, crest of dam, galleries, tunnels, abutments, spillways, gates and outlets, and staff gages;

g. An inspection schedule for operator inspection, maintenance inspection, technical safety inspection, and overtopping situations;

h. A schedule including the rainfall amounts, emergency spillway flow levels or storm event that initiates the Emergency Action or Preparedness Plan and the frequency of observations;

i. A statement as to whether or not the current hazard potential classification for the impounding structure is appropriate and whether or not additional work is needed to make an appropriate hazard potential designation;

j. For newly constructed or recently altered impounding structures, a certification from a licensed professional engineer who has monitored the construction or alteration of the impounding structure that, to the best of the engineer's judgment, knowledge, and belief, the impounding structure and its appurtenances were constructed or altered in conformance with the plans, specifications, drawings and other requirements approved by the board;

k. Certification by the owner's engineer that the Operation and Maintenance Certificate Application information provided pursuant to subdivision 1 of this subsection is true and correct in their professional judgment. Such certification shall include the engineer's signature, printed name, Virginia number, date, and the engineer's Virginia seal; and

l. Owner's signature certifying the Operation and Maintenance Certificate Application information provided pursuant to subdivision 1 of this subsection and that the operation and maintenance plan and schedule shall be conducted in accordance with this chapter.

2. An Inspection Report (Annual Inspection Report for Virginia Regulated Impounding Structures) in accordance with subsection E of this section;

3. An Emergency Action Plan in accordance with 4VAC50-20-175 or an Emergency Preparedness Plan in accordance with 4VAC50-20-177 and evidence that the required copies of such plan have been submitted to the local organization for emergency management and the Virginia Department of Emergency Management; and

4. Any additional analysis determined necessary by the director, the board or the owner's engineer to address public safety concerns. Such additional analysis may include, but not be limited to, seismic stability, earthen spillway integrity, adequate freeboard allowance, stability assessment of the impoundment's foundation, potential liquefaction of the embankment, overturning or sliding of a concrete structure and other structural stress issues.; and

5. If applicable, a current certification from the dam owner in accordance with 4VAC50-20-53.

D. If the Operation and Maintenance Certificate Application submittal is found to be not complete, the director shall inform the applicant within 30 days and shall explain what changes are required for an acceptable submission. Within 60 days of receipt of a complete application the board shall act upon the application. Upon finding that the impounding structure as currently operating is in compliance with this chapter, the board shall issue a Regular Operation and Maintenance Certificate. Should the board find that the impounding structure as currently operating is not in compliance with this chapter, the board may deny the permit application or issue a Conditional Operation and Maintenance Certificate in accordance with 4VAC50-20-150.

E. Inspections shall be performed on an impounding structure annually.

1. Inspection Reports (Annual Inspection Report for Virginia Regulated Impounding Structures) signed and sealed by a licensed professional engineer shall be submitted to the department in accordance with the following schedule:

a. For a High Hazard Potential impounding structure, every two years,;

b. For a Significant Hazard Potential impounding structure, every three years,;

c. For a Low Hazard Potential impounding structure, every six years.; or

d. For a High Hazard Potential impounding structure, annually in accordance with 4VAC50-20-53, where applicable.

In years when an Inspection Report signed and sealed by a licensed professional engineer is not required, an owner shall submit the Annual Inspection Report for Virginia Regulated Impounding Structures.

2. The Inspection Report shall include the following required information:

a. Project information including the name and inventory number of structure, name of the reservoir, and purpose of the reservoir;

b. City or county where the impounding structure is located;

c. Owner's name or representative if corporation, mailing address, residential and business telephone numbers, and other means of communication;

d. Owner's engineer's name, firm, professional engineer Virginia number, mailing address, and business telephone number;

e. Inspection observation of the impounding structure including the following:

(1) Earthen embankment information including any embankment alterations; erosion; settlement, misalignments or cracks; seepage and seepage flow rate and location;

(2) Upstream slope information including notes on woody vegetation removed, rodent burrows discovered, and remedial work performed;

(3) Intake structure information including notes on deterioration of concrete structures, exposure of rebar reinforcement, need to repair or replace trash rack, any problems with debris in the reservoir, and whether the drawdown valve operated;

(4) Abutment contacts including notes on seepage and seepage flow rate and location;

(5) Earthen emergency spillway including notes on obstructions to flow and plans to correct, rodent burrows discovered, and deterioration in the approach or discharge channel;

(6) Concrete emergency spillway including notes on the deterioration of the concrete, exposure of rebar reinforcement, any leakage below concrete spillway, and obstructions to flow and plans to correct;

(7) Downstream slope information including notes on woody vegetation removed, rodent burrows discovered, whether seepage drains are working, and any seepage or wet areas;

(8) Outlet pipe information including notes on any water flowing outside of discharge pipe through the impounding structure and a description of any reflection or damage to the pipe;

(9) Stilling basin information including notes on the deterioration of the concrete, exposure of rebar reinforcement, deterioration of the earthen basin slopes, repairs made, and any obstruction to flow;

(10) Gates information including notes on gate malfunctions or repairs, corrosion or damage, and whether any gates were operated and if so how often and to what extreme;

(11) Reservoir information including notes on new developments upstream of the dam, slides or erosion of lake banks, and general comments to include silt, algae, or other influence factors;

(12) Instruments information including any reading of instruments and any installation of new instruments; and

(13) General information including notes on new development in the downstream dam break inundation zone that would impact hazard classification or spillway design flood requirements, the maximum stormwater discharge or peak elevation during the previous year, whether general maintenance was performed and when, and actions that need to be completed before the next inspection.

f. Evaluation rating of the impounding structure and appurtenances (excellent, good, or poor), general comments, and recommendations;

g. Certification by the owner and date of inspection; and

h. Certification and seal by the owner's engineer and date of inspection, as applicable.

F. The owner of an impounding structure shall notify the department immediately of any change in the use of the area downstream that would impose hazard to life or property in the event of failure.

4VAC50-20-175. Emergency Action Plan (EAP) for High and Significant Hazard Potential impounding structures.

A. In order to protect life during potential emergency conditions at an impounding structure, and to ensure effective, timely action is taken should an impounding structure emergency occur, an EAP shall be required for each High and Significant Hazard Potential impounding structure. The EAP shall be coordinated with the Department of Emergency Management in accordance with § 44-146.18 of the Code of Virginia. The EAP required by these regulations shall be incorporated into local and interjurisdictional emergency plans pursuant to § 44-146.19 of the Code of Virginia.

B. It is the impounding structure owner's responsibility to develop, maintain, exercise, and implement a site-specific EAP.

C. An EAP shall be submitted every six years. The EAP shall be submitted with the owner's submittal of their Regular Operation and Maintenance Certificate application (Operation and Maintenance Certificate Application for Virginia Regulated Impounding Structures).

D. The owner shall update and resubmit the EAP immediately upon becoming aware of necessary changes to keep the EAP workable. Should an impounding structure be reclassified, an EAP in accordance with this section shall be submitted.

E. A drill shall be conducted annually for each high or significant hazard impounding structure. To the extent practicable, the drill should include a face-to-face meeting with the local emergency management agencies responsible for any necessary evacuations to review the EAP and ensure the local emergency management agencies understand the actions required during an emergency. A Except as set out in 4VAC50-20-53, a table-top exercise shall be conducted once every six years, although more frequent table-top exercises are encouraged. Drills and table-top exercises for multiple impounding structures may be performed in combination if the involved parties are the same. Owners shall certify to the department annually that a drill, a table-top exercise, or both has been completed and provide any revisions or updates to the EAP or a statement that no revisions or updates are needed.

F. Impounding structure owners shall test existing monitoring, sensing, and warning equipment at remote or unattended impounding structures at least twice per year or as performed by the Virginia Department of Emergency Management pursuant to § 10.1-609.1 of the Code of Virginia and maintain a record of such tests.

G. An EAP shall contain the following seven basic elements unless otherwise specified in this subsection.

1. Notification chart. A notification chart shall be included for all classes of impounding structures that shows who is to be notified, by whom, and in what priority. The notification chart shall include contact information providing 24-hour telephone coverage for all responsible parties including, but not limited to, the impounding structure operator or manager, state and local emergency management officials, local police or sheriffs' departments, and the owner's engineer. The notification chart shall also identify the process by which downstream property owners will be notified, and what party or parties will be responsible for making such notifications.

2. Emergency Detection, Evaluation, and Classification. The EAP shall include a discussion of the procedures for timely and reliable detection, evaluation, and classification of emergency situations considered to be relevant to the project setting and impounding features. Each relevant emergency situation is to be documented to provide an appropriate course of action based on the urgency of the situation. Where appropriate, situations should address impounding structure failures that are imminent or in progress, a situation where the potential for impounding structure failure is rapidly developing, and a situation where the threat is slowly developing.

3. Responsibilities. The EAP shall specify responsibilities for EAP-related tasks. The EAP shall also clearly designate the responsible party for making the decision that an emergency condition no longer exists at the impounding structure. The EAP shall include procedures and the responsible parties for notifying to the extent possible any known local occupants, owners, or lessees of downstream properties potentially impacted by the impounding structure's failure.

4. Preparedness. The EAP shall include a section that describes preparedness actions to be taken both before and following development of emergency conditions.

5. Dam Break Inundation Maps. The EAP shall include dam break inundation maps developed in accordance with 4VAC50-20-54.

6. Appendices. The appendices shall contain information that supports and supplements the material used in the development and maintenance of the EAP such as analyses of impounding structure failure floods; plans for training, exercising, updating, and posting the EAP; and other site-specific concerns.

7. Certification. The EAP shall include a section that identifies all parties with assigned responsibilities in the EAP pursuant to subdivision 3 of this subsection. This will include certification that the EAP has been received by these parties. The preparer's name, title, and contact information shall be printed in this section. The preparer's signature shall also be included in the certification section. The local organization for emergency management shall provide the owner and the department with any deficiencies they may note.

H. The development of the EAP shall be coordinated with all entities, jurisdictions, and agencies that would be affected by an impounding structure failure or that have statutory responsibilities for warning, evacuation, and postflood actions. Consultation with state and local emergency management officials at appropriate levels of management responsible for warning and evacuation of the public shall occur to ensure that there is awareness of their individual and group responsibilities. The owner shall also coordinate with the local organization for emergency management to identify properties that upon failure of the impounding structure would result in economic impacts.

I. The EAP, or any updates to an existing EAP, shall be submitted to the department, the local organization for emergency management, and the Virginia Department of Emergency Management. Two copies shall be provided to the department.

J. The following format shall be used as necessary to address the requirements of this section.

Title Page/Cover Sheet

Table of Contents

I. Certifications

II. Notification Flowchart

III. Statement of Purpose

IV. Project Description

V. Emergency Detection, Evaluation, and Classification

VI. General Responsibilities Under the EAP

A. Impounding Structure Owner Responsibilities

B. Responsibility for Notification

C. Responsibility for Evacuation

D. Responsibility for Termination and Follow-Up

E. EAP Coordinator Responsibility

VII. Preparedness

VIII. Inundation Maps

IX. Appendices

A. Investigation and Analyses of Impounding Structure Failure Floods

B. Plans for Training, Exercising, Updating, and Posting the EAP

C. Site-Specific Concerns

4VAC50-20-220. Unsafe conditions.

A. No owner shall maintain an unsafe impounding structure. Designation of an impounding structure as unsafe shall be made in accordance with § 10.1-607.1 of the Code of Virginia.

B. Imminent danger.

1. If an owner or the owner's engineer has determined that circumstances are impacting the integrity of the impounding structure that could result in the imminent failure of the impounding structure, temporary repairs may be initiated prior to approval from the board. The owner shall notify the department within 24 hours of identifying the circumstances impacting the integrity of the impounding structure. Such emergency notification shall not relieve the owner of the need to obtain an alteration permit as soon as may be practicable, nor shall the owner take action beyond that necessary to address the emergency situation.

2. When the director finds that an impounding structure is unsafe and constitutes an imminent danger to life or property, he shall immediately notify the Virginia Department of Emergency Management and confer with the owner who shall activate the Emergency Action Plan or Emergency Preparedness Plan if appropriate to do so. The owner of an impounding structure found to constitute an imminent danger to life or property shall take immediate corrective action to remove the imminent danger as required by § 10.1-608 of the Code of Virginia.

C. Nonimminent danger. The owner of an impounding structure who has been issued findings and recommendations, by the board, for the correction of deficiencies that may threaten life or property if not corrected, shall undertake to implement the recommendations for correction of deficiencies according to a schedule of implementation contained in that report as required by § 10.1-609 of the Code of Virginia. A dam owner may submit to the board his own plan, consistent with this chapter, to address the recommendations for correction of deficiencies and the schedule of implementation contained in the department's safety inspection report. The board shall determine if the submitted plan and schedule are sufficient to address deficiencies.

VA.R. Doc. No. R11-2417; Filed November 2, 2010, 3:41 p.m.
TITLE 9. ENVIRONMENT
DEPARTMENT OF ENVIRONMENTAL QUALITY
Final Regulation

Title of Regulation: 9VAC15-40. Small Renewable Energy Projects (Wind) Permit by Rule (adding 9VAC15-40-10 through 9VAC15-40-140).

Statutory Authority: § 10.1-1197.6 of the Code of Virginia.

Effective Date: December 22, 2010.

Agency Contact: Carol C. Wampler, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4579, FAX (804) 698-4346, or email carol.wampler.renewable.energy@gmail.com.

Summary:

This action implements the requirements of Chapters 808 and 854 of the 2009 Acts of Assembly requiring the Department of Environmental Quality (DEQ) to develop one or more permits by rule for wind-energy projects with rated capacity not exceeding 100 megawatts. The permit by rule establishes requirements for potential environmental impacts analyses, mitigation plans, facility site planning, public participation, permit fees, interagency consultations, compliance, and enforcement. This final regulation constitutes DEQ's permit by rule for wind energy projects. Changes from the proposed include clarification of the public notice/meeting requirements and incorporation of specific requirements for offshore/coastal wind energy projects based on the recommendations of the offshore/coastal regulatory advisory panel.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

CHAPTER 40
SMALL RENEWABLE ENERGY PROJECTS (WIND) PERMIT BY RULE

Part I
Definitions and Applicability

9VAC15-40-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Applicant" means the owner or operator who submits an application to the department for a permit by rule pursuant to this chapter.

[ "Coastal zone" means the jurisdictions of Tidewater Virginia, as follows: the counties of Accomack, Arlington, Caroline, Charles City, Chesterfield, Essex, Fairfax, Gloucester, Hanover, Henrico, Isle of Wight, James City, King George, King and Queen, King William, Lancaster, Mathews, Middlesex, New Kent, Northampton, Northumberland, Prince George, Prince William, Richmond, Spotsylvania, Stafford, Surry, Westmoreland, and York; and the cities of Alexandria, Chesapeake, Colonial Heights, Fairfax, Falls Church, Fredericksburg, Hampton, Hopewell, Newport News, Norfolk, Petersburg, Poquoson, Portsmouth, Richmond, Suffolk, Virginia Beach, and Williamsburg.

"Coastal Avian Protection Zones" or "CAPZ" means the areas designated on the map of "Coastal Avian Protection Zones" generated on the department's Coastal GEMS geospatial data system (9VAC15-40-120 C 1). ]

"Department" means the Department of Environmental Quality, its director, or the director's designee.

"DCR" means the Department of Conservation and Recreation.

"DGIF" means the Department of Game and Inland Fisheries.

"Disturbance zone" means the area within the site directly impacted by construction and operation of the wind energy project, and within 100 feet of the boundary of the directly impacted area.

"Ecological core" means an area of nonfragmented forest, marsh, dune, or beach of ecological importance that is at least 100 acres in size and identified in DCR's Natural Landscape Assessment web-based application [ (9VAC15-40-120 B 2) (9VAC15-40-120 C 2) ].

"Historic resource" means any prehistoric or historic district, site, building, structure, object, or cultural landscape that is included or meets the criteria necessary for inclusion in the Virginia Landmarks Register pursuant to the authorities of § 10.1-2205 of the Code of Virginia and in accordance with 17VAC5-30-40 through 17VAC5-30-70.

[ "Important Bird Areas" means the designation of discrete sites by the National Audubon Society as having local, regional, continental or global importance for birds because they support significant numbers of one or more high priority avian species (e.g., T&E, SGCN) during the breeding, wintering, or migration seasons. ]

"Interconnection point" means the point or points where the wind energy project connects to a project substation for transmission to the electrical grid.

"Invasive plant species" means non-native plant species that cause, or are likely to cause, economic or ecological harm or harm to human health as established by Presidential Executive Order 13112 (64 FR 6183, February 3, 1999) and contained on DCR's Invasive Alien Plant Species of Virginia [ (9VAC15-40-120 A 3) (9VAC15-40-120 B 3) ].

[ "Migratory corridors" means major travel routes used by significant numbers of birds during biannual migrations between breeding and wintering grounds.

"Migratory staging areas" means those sites along migratory corridors where significant numbers of birds stop to feed and rest during biannual migrations between breeding and wintering grounds that are essential to successful migration. ]

"Natural heritage resource" means the habitat of rare, threatened, or endangered plant and animal species, rare or state significant natural communities or geologic sites, and similar features of scientific interest benefiting the welfare of the citizens of the Commonwealth.

[ "Nearshore waters" means all tidal waters within the Commonwealth of Virginia and seaward of the mean low-water shoreline to three nautical miles offshore in the Atlantic Ocean. ]

"Operator" means the person responsible for the overall operation and management of a wind energy project.

[ "Other avian mitigation factors" means Important Bird Areas, migratory corridors, migratory staging areas, and wintering areas within the Coastal Avian Protection Zones. ]

"Owner" means the person who owns all or a portion of a wind energy project.

"Permit by rule" means provisions of the regulations stating that a project or activity is deemed to have a permit if it meets the requirements of the provision.

"Person" means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town, or other political subdivision of the Commonwealth, any interstate body, or any other legal entity.

"Phase of a project" means one continuous period of construction, startup, and testing activity of the wind energy project. A phase is deemed complete when 90 calendar days have elapsed since the last previous wind turbine has been placed in service, except when a delay has been caused by a significant force majeure event, in which case a phase is deemed complete when 180 calendar days have elapsed since the last previous wind turbine has been placed in service.

"Post-construction" means any time after the last turbine on the wind energy project or phase of that project has been placed in service.

"Pre-construction" means any time prior to commencing land-clearing operations necessary for the installation of energy-generating structures at the small wind energy project.

"Rated capacity" means the maximum capacity of a wind energy project based on the sum total of each turbine's nameplate capacity.

"SGCN" or "species of greatest conservation need" means any vertebrate species so designated by DGIF as Tier 1 or Tier 2 in the Virginia Wildlife Action Plan [ (9VAC15-40-120 A 6) (9VAC15-40-120 B 6) ].

"Site" means the area containing a wind energy project that is under common ownership or operating control. Electrical infrastructure and other appurtenant structures up to the interconnection point shall be considered to be within the site.

"Small renewable energy project" means (i) an electrical generation facility with a rated capacity not exceeding 100 megawatts that generates electricity only from sunlight, wind, falling water, wave motion, tides, or geothermal power, or (ii) an electrical generation facility with a rated capacity not exceeding 20 megawatts that generates electricity only from biomass, energy from waste, or municipal solid waste.

"Small wind energy project," "wind energy project," or "project" [ (i) ] means a small renewable energy project that [ (i) ] generates electricity from wind, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, post-construction meteorological towers, electrical infrastructure, and other appurtenant structures and facilities within the boundaries of the site; and (ii) is designed for, or capable of, operation at a rated capacity equal to or less than 100 megawatts. Two or more wind energy projects otherwise spatially separated but under common ownership or operational control, which are connected to the electrical grid under a single interconnection agreement, shall be considered a single wind energy project. Nothing in this definition shall imply that a permit by rule is required for the construction of meteorological towers to determine the appropriateness of a site for the development of a wind energy project.

[ "State-owned submerged lands" means lands that lie seaward of the mean low-water mark in tidal waters or that have an elevation below the ordinary mean high-water elevation in nontidal areas that are considered property of the Commonwealth pursuant to § 28.2-1200 of the Code of Virginia. ]

"T&E," "state threatened or endangered species," or "state-listed species" means any wildlife species designated as a Virginia endangered or threatened species by DGIF pursuant to the § 29.1-563-570 of the Code of Virginia and 4VAC15-20-130.

"VLR" means the Virginia Landmarks Register [ (9VAC15-40-120 A 1) (9VAC15-40-120 B 1) ].

"VLR-eligible" means those historic resources that meet the criteria necessary for inclusion on the VLR pursuant to 17VAC5-30-40 through 17VAC5-30-70 but are not listed in VLR.

"VLR-listed" means those historic resources that have been listed in the VLR in accordance with the criteria of 17VAC5-30-40 through 17VAC5-30-70.

[ "VMRC" means the Virginia Marine Resources Commission. ]

"Wildlife" means wild animals; except, however, that T&E insect species shall only be addressed as part of natural heritage resources and shall not be considered T&E wildlife.

[ "Wintering areas" means those sites where a significant portion of the rangewide population of one or more avian species overwinter annually. ]

9VAC15-40-20. Authority and applicability.

This regulation is issued under authority of Article 5 (§ 10.1-1197.5 et seq.) of Chapter 11.1 of Title 10.1 of the Code of Virginia. The regulation contains requirements for wind-powered electric generation projects consisting of wind turbines and associated facilities with a single interconnection to the electrical grid that are designed for, or capable of, operation at a rated capacity equal to or less than 100 megawatts. The department has determined that a permit by rule is required for small wind energy projects with a rated capacity [ equal to or ] greater than 5 megawatts and this regulation contains the permit by rule provisions for these projects in Part II (9VAC15-40-30 et seq.) of this chapter. The department has also determined that a permit by rule is not required for small wind energy projects with a rated capacity [ less than of ] 5 megawatts [ or less ] and this regulation contains notification [ and other ] provisions for these projects in Part III (9VAC15-40-130) of this chapter.

Part II
Permit by Rule Provisions

9VAC15-40-30. Application for permit by rule for wind energy projects.

A. The owner or operator of a small wind energy project with a rated capacity [ equal to or ] greater than 5 megawatts shall submit to the department a complete application, in which he satisfactorily accomplishes all of the following:

1. In accordance with § 10.1-1197.6 B 1 of the Code of Virginia, [ and as early in the project development process as practicable, ] furnishes to the department a notice of intent, to be published in the Virginia Register, that he intends to submit the necessary documentation for a permit by rule for a small renewable energy project;

2. In accordance with § 10.1-1197.6 B 2 of the Code of Virginia, furnishes to the department a certification by the governing body of the locality or localities wherein the small renewable energy project will be located that the project complies with all applicable land use ordinances;

3. In accordance with § 10.1-1197.6 B 3 of the Code of Virginia, furnishes to the department copies of all interconnection studies undertaken by the regional transmission organization or transmission owner, or both, on behalf of the small renewable energy project;

4. In accordance with § 10.1-1197.6 B 4 of the Code of Virginia, furnishes to the department a copy of the final interconnection agreement between the small renewable energy project and the regional transmission organization or transmission owner indicating that the connection of the small renewable energy project will not cause a reliability problem for the system. If the final agreement is not available, the most recent interconnection study shall be sufficient for the purposes of this section. When a final interconnection agreement is complete, it shall be provided to the department. The department shall forward a copy of the agreement or study to the State Corporation Commission;

5. In accordance with § 10.1-1197.6 B 5 of the Code of Virginia, furnishes to the department a certification signed by a professional engineer licensed in Virginia that the maximum generation capacity of the small wind energy project, as designed, does not exceed 100 megawatts;

6. In accordance with § 10.1-1197.6 B 6 of the Code of Virginia, furnishes to the department an analysis of potential environmental impacts of the small renewable energy project's operations on attainment of national ambient air quality standards;

7. In accordance with § 10.1-1197.6 B 7 of the Code of Virginia, furnishes to the department, where relevant, an analysis of the beneficial and adverse impacts of the proposed project on natural resources. The owner or operator shall perform the analyses prescribed in 9VAC15-40-40. For wildlife, that analysis shall be based on information on the presence, activity, and migratory behavior of wildlife to be collected at the site for a period of time dictated by the site conditions and biology of the wildlife being studied, not exceeding 12 months;

8. In accordance with § 10.1-1197.6 B 8 of the Code of Virginia, furnishes to the department a mitigation plan pursuant to [ 9VAC15-4060 9VAC15-40-60 ] that details reasonable actions to be taken by the owner or operator to avoid, minimize, or otherwise mitigate such impacts, and to measure the efficacy of those actions; provided, however, that the provisions of 9VAC15-40-30 A 8 shall only be required if the department determines, pursuant to 9VAC15-40-50, that the information collected pursuant to § 10.1-1197.6 B 7 of the Code of Virginia and 9VAC15-40-40 indicates that significant adverse impacts to wildlife or historic resources are likely. The mitigation plan shall be an addendum to the operating plan of the wind energy project, and the owner or operator shall implement the mitigation plan as deemed complete and adequate by the department. The mitigation plan shall be an enforceable part of the permit by rule;

9. In accordance with § 10.1-1197.6 B 9 of the Code of Virginia, furnishes to the department a certification signed by a professional engineer licensed in Virginia that the project is designed in accordance with 9VAC15-40-80;

10. In accordance with § 10.1-1197.6 B 10 of the Code of Virginia, furnishes to the department an operating plan that includes a description of how the project will be operated in compliance with its mitigation plan, if such a mitigation plan is required pursuant to 9VAC15-40-50;

11. In accordance with § 10.1-1197.6 B 11 of the Code of Virginia, furnishes to the department a detailed site plan meeting the requirements of 9VAC15-40-70;

12. In accordance with § 10.1-1197.6 B 12 of the Code of Virginia, furnishes to the department a certification signed by the applicant that the small wind energy project has applied for or obtained all necessary environmental permits;

13. Prior to authorization of the project and in accordance with §§ 10.1-1197.6 B 13 and 10.1-1197.6 B 14 of the Code of Virginia, conducts a 30-day public review and comment period and holds a public meeting pursuant to 9VAC15-40-90. The public meeting shall be held in the locality or, if the project is located in more than one locality, in a place proximate to the location of the proposed project [ ; however, for projects located in nearshore waters or on state-owned submerged lands, the meeting shall be held in the locality that is the closest distance from the approximate center of the project's disturbance zone ]. Following the public meeting and public comment period, the applicant shall prepare a report summarizing the issues raised by the public and include any written comments received and the applicant's response to those comments. The report shall be provided to the department as part of this application; and

14. In accordance with 9VAC15-40-110, furnishes to the department the appropriate fee.

B. Within 90 days of receiving all of the required documents and fees listed in subsection A of this section, the department shall determine, after consultation with other agencies in the Secretariat of Natural Resources, whether the application is complete and whether it adequately meets the requirements of this chapter, pursuant to § 10.1-1197.7 A of the Code of Virginia.

1. If the department determines that the application meets the requirements of this chapter, then the department shall notify the applicant in writing that he is authorized to construct and operate a small wind energy project pursuant to this chapter.

2. If the department determines that the application does not meet the requirements of this chapter, then the department shall notify the applicant in writing and specify the deficiencies.

3. If the applicant chooses to correct deficiencies in a previously submitted application, the department shall follow the procedures of this subsection and notify the applicant whether the revised application meets the requirements of this chapter within 60 days of receiving the revised application.

4. Any case decision by the department pursuant to this subsection shall be subject to the process and appeal provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

9VAC15-40-40. Analysis of the beneficial and adverse impacts on natural resources.

A. Analyses of wildlife. To fulfill the requirements of § 10.1-1197.6 B 7 of the Code of Virginia, the applicant shall conduct pre-construction wildlife analyses. The analyses of wildlife shall include the following:

1. Desktop surveys and maps. The applicant shall obtain a wildlife report and map generated from DGIF's Virginia Fish and Wildlife Information Service [ or Wildlife Environmental Review Map Service ] web-based application [ (9VAC15-40-120 B 3) (9VAC15-40-120 C 3) or from a data and mapping system including the most recent data available from DGIF's subscriber-based Wildlife Environmental Review Map Service ] of the following: (i) [ known ] wildlife species and [ habitats known to occur habitat features ] on the site or within two miles of the boundary of the site; (ii) [ known ] bat hibernacula [ known to occur ] on the site or within five miles of the boundary of the site; and (iii) [ known ] maternity and bachelor bat colonies [ known to occur ] on the site or within 12 miles of the boundary of the site [ and (iv) known or potential sea turtle nesting beaches located within one mile of the disturbance zone ].

2. Breeding bird surveys. If the desktop analyses prescribed in subdivision 1 of this subsection indicate the presence of or habitat for a state-listed T&E bird species or a Tier 1 or Tier 2 bird SGCN within the disturbance zone, then the applicant shall conduct a breeding bird survey to identify state T&E bird species and Tier 1 and Tier 2 bird SGCN occurring within the disturbance zone during the species' annual breeding season.

3. Field survey of nonavian resources. If the desktop analyses prescribed in subdivision 1 of this subsection indicate the presence of or habitat for a Tier 1 or Tier 2 vertebrate SGCN, other than a bird, within the disturbance zone, then the applicant shall conduct field surveys of suitable habitats for that species within the disturbance zone to determine the species' occurrence and relative distribution within the disturbance zone.

4. Raptor migration surveys. The applicant shall conduct one year of raptor migration surveys, in both the spring and fall seasons, to determine the relative abundance of migrant raptors moving through the general vicinity of the disturbance zone.

[ 5. Desktop surveys and maps of coastal avian migration corridors. When a proposed wind energy project site will be located in part or in whole within the coastal zone of Virginia, the applicant shall obtain a desktop report and maps generated from the department's Coastal GEMS geospatial data system (9VAC15-40-120 B 1) showing essential wildlife habitats, important bird areas, and migratory songbird stopover habitat.

5. Map and field studies for avian resources in Coastal Avian Protection Zones (CAPZ).

a. The applicant shall consult the "Coastal Avian Protection Zones" map generated on the department's Coastal GEMS geospatial data system (9VAC15-40-120 C 1) and determine whether the proposed wind energy project site will be located in part or in whole within one or more CAPZ.

b. When a proposed wind energy project site will be located in part or in whole within one or more Coastal Avian Protection Zones, then the applicant shall perform avian field studies, or shall rely on existing scientific analysis as reflected on the CAPZ map, for each zone where the project is located, as follows:

(1) Zone 1: Nearshore waters extending 1 - 4.83 km (0.62 - 3 mi) from Virginia's ocean-facing shoreline, excluding the mouth of the Chesapeake Bay. In this zone, the relevant avian species and other avian mitigation factors are: T&E species (migratory Piping Plovers, Wilson's Plovers, Peregrine Falcons, Gull-billed Terns, and Roseate Terns); hemispherically important migratory corridor for shorebirds, seabirds and waterfowl; and hemispherically important migratory staging area and wintering area for seabirds and waterfowl. The applicant shall either perform avian field studies regarding the actual or likely occurrence of these resources, or rely on existing scientific analysis as reflected on the CAPZ map.

(2) Zone 2: Nearshore waters that extend from Virginia's ocean-facing shoreline out to 1 km (0.62 mi), excluding the mouth of the Chesapeake Bay. In this zone, the relevant avian species and other avian mitigation factors are: T&E species (migratory and breeding Piping Plovers, Wilson's Plovers, Peregrine Falcons and Gull-billed Terns, and migratory Roseate Terns) and hemispherically important migratory corridor, migratory staging area, and wintering area for shorebirds, seabirds and waterfowl. The applicant shall either perform avian field studies regarding the actual or likely occurrence of these resources or rely on existing scientific analysis as reflected on the CAPZ map.

(3) Zone 3: Barrier island/seaside lagoon system, including a 100 m (328 ft) offshore buffer. In this zone, the relevant avian species and other avian mitigation factors are: T&E species (breeding and migratory Piping Plovers, Wilson's Plovers, Gull-billed Terns, Peregrine Falcons and Bald Eagles) and hemispherically important staging area and wintering area for shorebirds, seabirds, and waterfowl. The applicant shall either perform avian field studies regarding the actual or likely occurrences of these resources or rely on existing scientific analysis as reflected on the CAPZ map.

(4) Zone 4: Southern end of the Delmarva Peninsula (mainland only), including a 10 km long (6.21 mi) strip along the western (bayside) fringe of the peninsula that extends from Wise Point to (and including) Savage Neck. In this zone, the relevant avian species and other avian mitigation factors are: T&E species (migratory Peregrine Falcons and breeding and migratory Bald Eagles), the designation as an Important Bird Area, and hemispherically important migratory staging area for passerines and other landbirds. The applicant shall either perform avian field studies regarding the actual or likely occurrence of these resources or rely on existing scientific analysis as reflected on the CAPZ map.

(5) Zone 5: Delmarva Peninsula, excluding zones 3 and 4. In this zone, the relevant avian species and other avian mitigation factors are: T&E species (breeding Bald Eagles) and regionally to hemispherically important fall migratory staging area for landbirds. The applicant shall either perform avian field studies regarding the actual or likely occurrence of these resources or rely on existing scientific analysis as reflected on the CAPZ map.

(6) Zone 6: Southern end and mouth of the Chesapeake Bay, including the waters off of the western shore of the Delmarva Peninsula that extend from Wise Point north to the mouth of Craddock Creek. In this zone, the relevant avian species and other avian mitigation factors are: migratory staging area and wintering area for seabirds and waterfowl that may be of hemispheric importance. The applicant shall conduct aerial transect surveys for waterfowl and seabirds during the fall migration, spring migration, and wintering seasons to determine the distribution, density, and relative abundance of these species within this zone throughout the nonbreeding season.

(7) Zone 7: Lower portions of the James, York, and Rappahannock Rivers and small tributaries along the south side of the lower Potomac River. In this zone, relevant avian species and other avian mitigation factors are: T&E species (breeding Bald Eagles), regionally important fall migratory staging areas and wintering areas for waterfowl, and spring migratory staging areas of unknown significance. The applicant shall conduct aerial transect surveys for waterfowl during the spring migration season to determine the distribution, density, and relative abundance of these species within this zone during the spring season. The applicant shall either perform avian field studies regarding the actual or likely occurrences of breeding Bald Eagles and waterfowl during the fall and winter seasons or rely on existing scientific analysis as reflected on the CAPZ map.

(8) Zone 8: Western portions of the Chesapeake Bay. In this zone, the relevant avian species and other avian mitigation factors are: migratory staging area and wintering area for seabirds and waterfowl of unknown significance. The applicant shall conduct aerial transect surveys for waterfowl and seabirds in the fall migration, spring migration, and wintering seasons to determine the distribution, density, and relative abundance of these species within this zone throughout the nonbreeding season.

(9) Zone 9: Virginia's northeast sector of the Chesapeake Bay, including all nearshore waters, marshes, and islands within Tangier and Pocomoke Sounds and all islands and marshes located along the western fringe of the Delmarva Peninsula from Craddock Creek north to the Virginia/Maryland border. This zone is recognized as a migratory staging area and wintering area for seabirds and waterfowl of unknown significance. The applicant shall conduct aerial transect surveys for waterfowl and seabirds during the fall migration, spring migration, and wintering seasons to determine the distribution, density, and relative abundance of these species within this zone throughout the nonbreeding season. In this zone, additional relevant avian species and other avian mitigation factors are: T&E species (breeding Bald Eagles and Peregrine Falcons) and the designation as an Important Bird Area. The applicant shall either perform avian field studies regarding the actual or likely occurrence of these additional resources or rely on existing scientific analysis as reflected on the CAPZ map.

(10) Zone 10: Upper reaches of the James, Rappahannock, and Potomac Rivers. In this zone the relevant avian species and other avian mitigation factors are T&E species (breeding Bald Eagles and continentally important Bald Eagle concentration areas), the designation as Important Bird Areas, and locally to continentally important waterfowl wintering areas. The applicant shall either perform avian field studies regarding the actual or likely occurrence of these resources or rely on existing scientific analysis as reflected on the CAPZ map.

(11) Zone 11: Lower reaches of the Mattaponi and Pamunkey tributaries. In this zone, the relevant avian species and other avian mitigation factors are: T&E species (breeding Bald Eagles) and the designation as an Important Bird Area. The applicant shall either perform avian field studies regarding the actual or likely occurrence of these resources or rely on existing scientific analysis as reflected on the CAPZ map.

(12) Zone 12: Outer fringes of the lower, middle, and northern peninsulas. In this zone, the relevant avian species and other avian mitigation factors are: T&E species (breeding Bald Eagles). The applicant shall either perform avian field studies regarding the actual or likely occurrence of these resources or rely on existing scientific analysis as reflected on the CAPZ map.

(13) Zone 13: Interior portions of the lower, middle, and northern peninsulas. In this zone, the relevant avian species and other avian mitigation factors are: T&E species (breeding Bald Eagles, for which little information currently exists in this zone). The applicant shall perform ground surveys for breeding Bald Eagles to determine distribution and abundance of Bald Eagle nests within the disturbance zone and within .25 mile of the perimeter of the disturbance zone.

(14) Zone 14: Back Bay and surrounding private lands. In this zone, the relevant avian species and other avian mitigation factors are: T&E species (breeding Bald Eagles), the designation as Important Bird Area, and locally to continentally important migratory staging area and wintering area for waterfowl. The applicant shall either perform avian field studies regarding the actual or likely occurrence of these resources, or rely on existing scientific analysis as reflected on the CAPZ map. ]

6. Bat acoustic surveys. The applicant shall conduct bat acoustic surveys to determine the presence of and level of bat activity and use within the disturbance zone.

7. Mist-netting or harp-trapping surveys. If the applicant identifies potential for T&E bat species [ to occur ] within the disturbance zone, the applicant shall conduct a season-appropriate mist-netting survey or harp-trapping survey or both.

8. Wildlife report. The applicant shall provide to the department a report summarizing the relevant findings of the desktop and field surveys conducted pursuant to subdivisions 1 through 7 of this subsection [ , along with all data and supporting documents ]. The applicant shall assess and describe the expected beneficial and adverse impacts, if any, of the proposed project on wildlife resources identified in subdivisions 1 through 7 of this subsection.

B. Analyses of historic resources. To fulfill the requirements of § 10.1-1197.6 B 7 of the Code of Virginia, the applicant shall also conduct a pre-construction historic resources analysis. The analysis shall be conducted by a qualified professional meeting the professional qualification standards of the Secretary of the Interior's Standards for Archeology and Historic Preservation [ (9VAC15-40-120 A 2) (9VAC15-40-120 B 2) ] in the appropriate discipline. The analysis shall include each of the following:

1. Compilation of known historic resources. The applicant shall gather information on known historic resources within the disturbance zone and within five miles of the disturbance zone boundary and present this information on the context map referenced in 9VAC15-40-70 B, or as an overlay to this context map, as well as in tabular format.

2. Architectural survey. The applicant shall conduct a field survey of all architectural resources, including cultural landscapes, 50 years of age or older within the disturbance zone and within 1.5 miles of the disturbance zone boundary and evaluate the eligibility of any identified resource for listing in the VLR [ ; however, for wind energy projects located in nearshore waters, this field study shall include all architectural resources 50 years of age or older within five miles of the disturbance zone boundary, but shall not extend more than 1.5 miles inland from the mean low water mark ].

3. Archaeological survey. The applicant shall conduct an archaeological field survey of the disturbance zone and evaluate the eligibility of any identified archaeological site for listing in the VLR [ ; however, the requirements of this subdivision shall not apply to any portion of the disturbance zone located on state-owned submerged lands that are subject to VMRC permitting pursuant to Title 28.2 of the Code of Virginia ].

4. Historic resources report. The applicant shall provide to the department a report presenting the findings of the studies and analyses conducted pursuant to subdivisions 1 through [ 4 3 ] of this subsection [ along with all data and supporting documents ]. The applicant shall assess and describe the expected beneficial and adverse impacts, if any, of the proposed project on historic resources identified in subdivisions 1, 2, and 3 of this subsection.

C. Analyses of other natural resources. To fulfill the requirements of § 10.1-1197.6 B 7 of the Code of Virginia, the applicant shall also conduct pre-construction analyses of the impact of the proposed project on other natural resources, which have not been addressed pursuant to subsection A or B of this section, and as are specified in subdivisions 1 and 2 of this subsection. The analyses shall include:

1. Natural heritage resources. An analysis of the impact of the project on natural heritage resources, which shall include the following:

a. A desktop survey of natural heritage resources within the site and within two miles of the boundary of the site.

b. Field surveys within the disturbance zone mapping: (i) the ecological community groups as classified in accordance with DCR's The Natural Communities of Virginia, Classification of Ecological Community Groups [ (9VAC15-40-120 A 4) (9VAC15-40-120 B 4) ]; (ii) natural heritage resources to include species and community identification, location, age, size, spatial distribution, and evidence of reproduction; (iii) caves; (iv) mines; (v) rock outcrops; (vi) cliffs; (vii) wetlands; and (viii) invasive plant species.

2. Scenic resources. An analysis of the impact of the project on scenic resources, as follows:

a. Pursuant to 9VAC15-40-70, for the area within the site and within five miles of the boundary of the site, a viewshed analysis of the impact of the proposed project on existing federally designated or state-designated scenic resources, including national parks, national forest-designated scenic areas, state parks, state natural area preserves, national scenic trails, national or state-designated scenic roads, national or state-designated scenic rivers, and those resources identified as potential candidates for such designation in DCR's Virginia Outdoors Plan [ (9VAC15-40-120 A 5) (9VAC15-40-120 B 5) ].

b. The applicant shall conduct these analyses and shall show the potential impact of the proposed project on the viewshed from such identified resources, where applicable.

3. Other natural resources report. The applicant shall provide to the department a report, including maps, documenting the results of the analyses conducted pursuant to subdivisions 1 and 2 of this subsection. The applicant shall assess and describe the expected beneficial and adverse impacts, if any, of the proposed project on natural resources identified in subdivisions 1 and 2 of this subsection.

9VAC15-40-50. Determination of likely significant adverse impacts.

A. The department shall find that significant adverse impacts to wildlife are likely whenever the wildlife analyses prescribed in 9VAC15-40-40 A document that either of the following conditions exists:

1. Bats have been detected, or a hibernaculum exists, within the disturbance zone.

2. State-listed T&E wildlife are found to occur within the disturbance zone [ ; or the disturbance zone is located on or within one mile of a known or potential sea turtle nesting beach.

3. Within the Coastal Avian Protection Zones, the applicant's field studies indicate that significant adverse impacts to avian resources are likely, or the applicant stipulates that existing scientific analysis, as reflected on the CAPZ map, supports a conclusion that significant adverse impacts to avian resources are likely ].

B. The department shall find that significant adverse impacts to historic resources are likely whenever the historic resources analyses prescribed by 9VAC15-40-40 B indicate that the proposed project is likely to diminish significantly any aspect of a historic resource's integrity.

9VAC15-40-60. Mitigation plan.

A. If the department determines that significant adverse impacts to wildlife or historic resources or both are likely, then the applicant shall prepare a mitigation plan. The mitigation plan shall include a description of the affected wildlife or historic resources, or both, and the impact to be mitigated; a description of actions that will be taken to avoid the stated impact; and a plan for implementation. If the impact cannot reasonably be avoided, the plan shall include a description of actions that will be taken to minimize the stated impact and a plan for implementation. If neither avoidance nor minimization is reasonably practicable, the plan shall include a description of other measures that may be taken to offset the stated impact; and a plan for implementation.

B. Mitigation measures for significant adverse impacts to wildlife shall include:

1. For state-listed T&E wildlife, the applicant shall take all reasonable measures to avoid significant adverse impacts, or shall demonstrate in the mitigation plan what significant adverse impacts cannot practicably be avoided and why additional proposed actions are reasonable. These additional proposed actions may include best practices to avoid, minimize, or offset adverse impacts to resources analyzed pursuant to 9VAC15-40-40 A or 9VAC15-40-40 C 1.

[ 2. For proposed projects where the disturbance zone is located on or within one mile of a known or potential sea turtle nesting beach, the applicant shall take all reasonable measures to avoid significant adverse impacts, or shall demonstrate in the mitigation plan what significant adverse impacts cannot practicably be avoided and why additional proposed mitigation actions are reasonable. Mitigation measures shall include the following:

a. Avoiding construction within likely sea turtle crawl or nesting habitats during the turtle nesting and hatching season (May 20 - October 31). If avoiding construction during this period is not possible, then conducting daily crawl surveys of the disturbance zone (May 20 - August 31) and one mile beyond the northern and southern reaches of the disturbance zone (hereinafter "sea turtle nest survey zone") between sunrise and 9 a.m. by qualified individuals who have the ability to distinguish accurately between nesting and non-nesting emergences.

b. If construction is scheduled during the nesting season, then including measures to protect nests and hatchlings found within the sea turtle nest survey zone.

c. Minimizing nighttime construction during the nesting season and designing project lighting during the construction and operational phases to minimize impacts on nesting sea turtles and hatchlings.

3. For avian resources within any of the Coastal Avian Protection Zones that are referenced in 9VAC15-40-40 A 5, the applicant shall take all reasonable measures to avoid significant adverse impacts, or shall demonstrate in the mitigation plan what significant adverse impacts cannot be practicably be avoided and why additional proposed mitigation actions are reasonable. ]

[ 2. 4. ] For bats, the mitigation plan shall include measures to curtail operation of wind turbines on low wind speed nights when bats are likely to be active within the disturbance zone and to monitor the efficacy of these measures; however, the combined cost of mitigation and post-construction monitoring, in each year after year one, shall not exceed 120 hours of curtailment per year per turbine, averaged. The combined cost of mitigation shall consist of lost revenue from curtailment of wind turbines, including lost production tax credits.

[ 3. 5. ] Post-construction monitoring shall be designed to achieve the following:

a. Estimate the level of avian and bat fatalities associated with the wind energy project, accounting for scavenger removal and searcher efficiency [ ; however, estimates of avian and bat fatalities shall not be required for areas seaward of the mean low-water shoreline ].

b. Investigate the correlation of bat fatalities with project operational protocols, weather-related variables, and the effectiveness of operational adjustments to reduce impacts.

[ 4. 6. ] Post-construction wildlife mitigation and management shall include the following:

a. Post-construction mitigation. After completing the initial one year of post-construction monitoring, the owner or operator shall submit [ the first year's monitoring data and ] a [ revised mitigation ] plan [ consisting of his proposed detailing the ] monitoring and mitigation actions expected to be implemented for the remainder of the project's operating life. [ Such mitigation actions shall be designed to address the impacts revealed by the initial year of post-construction monitoring. One year after the revised mitigation plan is submitted, and annually thereafter, the owner or operator shall submit a report consisting of the results of ongoing monitoring, including data and supporting documents, an explanation of how the mitigation measures reflect results indicated by the monitoring data, and documentation showing expenditures and lost revenues attributable to curtailment, other mitigation actions, and monitoring. ]

b. Amendment of mitigation plan. After three years of post-construction mitigation efforts, the owner or operator of the project may initiate a consultation with the department to propose amendments to the mitigation plan. The owner or operator shall submit any proposed amendments of the mitigation plan to the department. The department may approve the proposed amendments if the department determines that the proposed amendments will avoid or minimize adverse impacts to a demonstrably equal or greater extent as the mitigation measures being implemented at that time. Alternatively, the department may approve the proposed amendments to the mitigation plan if the owner or operator demonstrates that the mitigation measures being implemented at that time are not effectively avoiding or minimizing adverse impacts, [ and the owner's or operator's proposed amendments are preferable methods to mitigate for ongoing adverse impacts. For example, proposed amendments may include in which case the owner or operator may propose and the department may approve ways of offsetting ongoing adverse impacts, such as ] funding research or preserving habitats.

C. Mitigation measures for significant adverse impacts to historic resources shall include:

1. Significant adverse impacts to VLR-eligible or VLR-listed architectural resources shall be minimized, to the extent practicable, through design of the wind energy project or the installation of vegetative or other screening.

2. If significant adverse impacts to VLR-eligible or VLR-listed architectural resources cannot be avoided or minimized such that impacts are no longer significantly adverse, then the applicant shall develop a reasonable and proportionate mitigation plan that offsets the significantly adverse impacts and has a demonstrable public benefit and benefit for the affected or similar resource.

3. If any identified VLR-eligible or VLR-listed archaeological site can not be avoided or minimized to such a degree as to avoid a significant adverse impact, significant adverse impacts of the project will be mitigated through archaeological data recovery.

9VAC15-40-70. Site plan and context map requirements.

A. The applicant shall submit a site plan that includes maps showing the physical features [ , topography, ] and land cover of the area within the site, both before and after construction of the proposed project. The site plan shall be submitted at a scale sufficient to show, and shall include, the following: (i) the boundaries of the site; (ii) the location, height, and dimensions of all existing and proposed wind turbines, other structures, fencing, and other infrastructure; (iii) the location, grades, and dimensions of all temporary and permanent on-site and access roads from the nearest county or state maintained road; [ (iv) existing topography; ] and [ (v) (iv) ] water bodies, waterways, wetlands, and drainage channels. [ For any part of a site that is located in nearshore waters, the site plan shall also include bathymetry; the location and depth of underground cables, transmission lines, and pipelines; navigational channels; and beaches, marshes, and other emergent terrestrial features. ]

B. The applicant shall submit a context map including the area encompassed by the site and within five miles of the site boundary. The context map shall show state and federal resource lands and other protected areas, [ Coastal Avian Protection Zones, ] historic resources, state roads, waterways, locality boundaries, forests, open spaces, and transmission and substation infrastructure. [ If any part of a site is located in nearshore waters, the context map shall also include bathymetry; navigational channels; commercially licensed fixed fishing devices; permitted aquaculture operations; shellfish leases; public shellfish grounds; artificial reefs; and submerged aquatic vegetation. ]

9VAC15-40-80. Small wind energy project design standards.

The design and installation of the small wind energy project shall incorporate any requirements of the mitigation plan that pertain to design and installation, if a mitigation plan is required pursuant to 9VAC15-40-50.

9VAC15-40-90. Public participation.

A. Before the initiation of any construction at the small wind energy project, the [ owner or operator applicant ] shall [ comply with this section. The owner or operator shall first ] publish a notice once a week for two consecutive weeks in a major local newspaper of general circulation informing the public that he intends to construct and operate a project eligible for a permit by rule. No later than the date of newspaper publication of the initial notice, the owner or operator shall submit to the department a copy of the notice along with electronic copies of all documents [ that the applicant plans to submit ] in support of the application. The notice shall include:

1. A brief description of the proposed project and its location, including the approximate dimensions of the site, approximate number of turbines, and approximate maximum blade-tip height;

2. A statement that the purpose of the public participation is to acquaint the public with the technical aspects of the proposed project and how the standards and the requirements of this chapter will be met, to identify issues of concern, to facilitate communication, and to establish a dialogue between the owner or operator and persons who may be affected by the project;

3. Announcement of a 30-day comment period in accordance with subsection [ D C ] of this section, and the name, telephone number, address, and email address of the [ owner's or operator's representative applicant ] who can be contacted by the interested persons to answer questions or to whom comments shall be sent;

4. Announcement of the date, time, and place for a public meeting held in accordance with subsection [ C D ] of this section; and

5. Location where copies of the documentation to be submitted to the department in support of the permit by rule application [ are located in accordance with 9VAC15-40-90 B will be available for inspection ].

B. The owner or operator shall place a copy of the documentation in a location accessible to the public [ during business hours for the duration of the 30-day comment period ] in the vicinity of the proposed project.

[ C. The public shall be provided at least 30 days to comment on the technical and the regulatory aspects of the proposal. The comment period shall begin no sooner than 15 days after the applicant initially publishes the notice in the local newspaper. ]

[ C. D. ] The [ owner or operator applicant ] shall hold a public meeting not earlier than 15 days after the [ initial publication of the notice required in subsection A of this section beginning of the 30-day public comment period ] and no later than seven days before the close of the 30-day comment period. The meeting shall be held in the locality or, if the project is located in more than one locality, in a place proximate to the location of the proposed project [ ; however, for projects located in nearshore waters or on state-owned submerged lands, the meeting shall be held in the locality that is the closest distance from the approximate center of the project's disturbance zone ].

[ D. The public shall be provided at least 30 days to comment on the technical and the regulatory aspects of the proposal. The comment period shall begin on the date the owner or operator initially publishes the notice in the local newspaper. ]

E. For purposes of this chapter, the applicant and any interested party who submits written comments on the proposal to the [ owner's or operator's representative applicant ] during the public comment period or who signs in and provides oral comments at the public meeting shall be deemed to have participated in the proceeding for a permit by rule under this chapter and pursuant to § 10.1-1197.7 B of the Code of Virginia.

9VAC15-40-100. Change of ownership, project modifications, termination.

A. Change of ownership. A permit by rule may be transferred to a new owner or operator if:

1. The current owner or operator notifies the department at least 30 days in advance of the transfer date by submittal of a notice per subdivision 2 of this subsection;

2. The notice shall include a written agreement between the existing and new owner or operator containing a specific date for transfer of permit responsibility, coverage, and liability between them; and

3. The transfer of the permit by rule to the new owner or operator shall be effective on the date specified in the agreement described in subdivision 2 of this subsection.

B. Project modifications. Provided project modifications are in accordance with the requirements of this permit by rule and do not increase the rated capacity of the small wind energy project, the owner or operator of a project authorized under a permit by rule may modify its design or operation or both by furnishing to the department new certificates prepared by a professional engineer, new documentation required under 9VAC15-40-30, and the appropriate fee in accordance with 9VAC15-40-110. The department shall review the received modification submittal in accordance with the provisions of subsection B of 9VAC15-40-30.

C. Permit by rule termination. The department may terminate the permit by rule whenever the department finds that:

1. The applicant has knowingly or willfully misrepresented or failed to disclose a material fact in any report or certification required under this chapter; or

2. After the department has taken enforcement actions pursuant to 9VAC15-40-140, the owner or operator persistently operates the project in significant violation of the project's mitigation plan.

Prior to terminating a permit by rule pursuant to subdivision 1 or 2 of this subsection, the department shall hold an informal fact-finding proceeding pursuant to § 2.2-4019 of the Virginia Administrative Process Act in order to assess whether to continue with termination of the permit by rule or to issue any other appropriate order. If the department determines that it should continue with the termination of the permit by rule, the department shall hold a formal hearing pursuant to § 2.2-4020 of the Virginia Administrative Process Act. Notice of the formal hearing shall be delivered to the owner or operator. Any owner or operator whose permit by rule is terminated by the department shall cease operating his small wind energy project.

9VAC15-40-110. Fees.

A. Purpose. The purpose of this section is to establish schedules and procedures pertaining to the payment and collection of fees from any applicant seeking a new permit by rule or a modification to an existing permit by rule for a small wind energy project.

B. Permit fee payment and deposit. Fees for permit by rule applications or modifications shall be paid by the applicant as follows:

1. Due date. All permit application fees or modification fees are due on submittal day of the application or modification package.

2. Method of payment. Fees shall be paid by check, draft, or postal money order made payable to "Treasurer of Virginia/DEQ" and shall be sent to the Department of Environmental Quality, Receipts Control, P.O. Box 10150, Richmond, VA 23240.

3. Incomplete payments. All incomplete payments shall be deemed nonpayments.

4. Late payment. No application or modification submittal will be deemed complete until the department receives proper payment.

C. Fee schedules. Each application for a permit by rule and each application for a modification of a permit by rule is a separate action and shall be assessed a separate fee. The amount of the permit application fee is based on the costs associated with the permitting program required by this chapter. The fee schedules are shown in the following table:

Type of Action

Fee

Permit by rule application (including first three years of operation)

$16,000

Permit by rule modification (after first three years of operation)

$5,000

D. Use of fees. Fees are assessed for the purpose of defraying the department's costs of administering and enforcing the provisions of this chapter including, but not limited to, permit by rule processing, permit by rule modification processing, and inspection and monitoring of small wind energy projects to ensure compliance with this chapter. Fees collected pursuant to this section shall be used for the administrative and enforcement purposes specified in this section and in § 10.1-1197.6 E of the Code of Virginia.

E. Fund. The fees, received by the department in accordance with this chapter, shall be deposited in the Small Renewable Energy Project Fee Fund.

F. Periodic review of fees. Beginning July 1, 2012, and periodically thereafter, the department shall review the schedule of fees established pursuant to this section to ensure that the total fees collected are sufficient to cover 100% of the department's direct costs associated with use of the fees.

9VAC15-40-120. Internet accessible resources.

[ A. ] This chapter refers to resources to be used [ by applicants in gathering information to be submitted to the department ]. These resources are available through the Internet; therefore, in order to assist the applicants, the uniform resource locator or Internet address is provided for each of the references listed in this section.

[ A. B. ] Internet available resources.

1. The Virginia Landmarks Register, Virginia Department of Historic Resources, 2801 Kensington Avenue, Richmond, Virginia. Available at the following Internet address: http://www.dhr.virginia.gov/registers/register.htm.

2. Professional Qualifications Standards, the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation, as amended and annotated (48 FR 44716-740, September 29, 1983), National Parks Service, Washington, DC. Available at the following Internet address: http://www.nps.gov/history/local-law/arch_stnds_9.htm.

3. Invasive alien plant species of Virginia, Virginia Department of Conservation and Recreation, Division of Natural Heritage, Richmond, Virginia. Available at the following Internet address: http://www.dcr.virginia.gov/natural_heritage/invspinfo.shtml.

4. The Natural Communities of Virginia, Classification of Ecological Community Groups, Second Approximation, [ 2006, Version 2.3, 2010, ] Virginia Department of Conservation and Recreation, Division of Natural Heritage, Richmond, VA. Available at the following Internet address: http://www.dcr.virginia.gov/natural_heritage/ncintro.shtml.

5. Virginia Outdoors Plan, 2007, Virginia Department of Conservation and Recreation, Richmond, Virginia. Available at the following Internet address: http://www.dcr.virginia.gov/recreational_planning/vop.shtml.

6. Virginia's Comprehensive Wildlife Conservation Strategy, 2005 [ (referred to as the Virginia Wildlife Action Plan) ], Virginia Department of Game and Inland Fisheries, 4010 West Broad Street, Richmond, Virginia. Available at the following Internet address: http://www.bewildvirginia.org/wildlifeplan/.

[ B. C. ] Internet applications.

1. Coastal GEMS application, 2010, Virginia Department of Environmental Quality. Available at the following Internet address: http://www.deq.virginia.gov/coastal/coastalgems.html.

NOTE: This website is maintained by the department. Assistance and information may be obtained by contacting Virginia Coastal Zone Management Program, Virginia Department of Environmental Quality, 629 E. Main Street, Richmond, Virginia 23219, (804) 698-4000.

2. Natural Landscape Assessment, 2010, Virginia Department of Conservation and Recreation. Available at the following Internet address: for detailed information on ecological cores go to http://www.dcr.virginia.gov/natural_heritage/vclnavnla.shtm. Land maps may be viewed at DCR's Land Conservation Data Explorer Geographic Information System website at http://www.vaconservedlands.org/gis.aspx.

NOTE: The website is maintained by DCR. Actual shapefiles and metadata are available for free by contacting a DCR staff person at vaconslands@dcr.virginia.gov or DCR, Division of Natural Heritage, 217 Governor Street, Richmond, Virginia 23219, (804) 786-7951.

3. [ Virginia ] Fish and Wildlife Information Service [ or Wildlife Environmental Review Map Service ], 2010, Virginia Department of Game and Inland Fisheries. Available at the following Internet address: http://www.vafwis.org/fwis/.

NOTE: This website is maintained by DGIF and [ it requires registration for use is accessible to the public as "visitors" or to registered subscribers. Registration, however, is required for access to resource-specific or species-specific locational data and records ]. Assistance and information may be obtained by contacting DGIF, Fish and Wildlife [ Information ] Service, 4010 West Broad Street, Richmond, Virginia 23230, [ (804) 367-1000 (804) 367-6913 ].

Part III
Notification
[ and Other ] Provisions [ for Projects of 5 Megawatts or Less ]

9VAC15-40-130. Small wind energy projects [ less than of ] 5 megawatts [ or less ].

[ A. ] The owner or operator of a small wind energy project with a rated capacity equal to or less than 500 kilowatts is not required to submit any notification or certification to the department.

[ B. ] The owner or operator of a small wind energy project with a rated capacity greater than 500 kilowatts and [ equal to or ] less than 5 megawatts shall [ notify :

1. Notify ] the department by submitting a certification by the governing body of the locality or localities wherein the project will be located that the project complies with all applicable land use ordinances and applicable local government requirements [ ; and

2. For projects located in part or in whole within zones 1, 2, 3, 4, 5, 10, 11, 12, or 14 on the Coastal Avian Protection Zones (CAPZ) map, contribute $1,000 per megawatt of rated capacity, or partial megawatt thereof, to a fund designated by the department in support of scientific research investigating the impacts of projects in CAPZ on avian resources ].

Part IV
Enforcement

9VAC15-40-140. Enforcement.

The department may enforce the provisions of this chapter and any permits by rule authorized under this chapter in accordance with §§ 10.1-1197.9, 10.1-1197.10, and 10.1-1197.11 of the Code of Virginia. In so doing, the department may:

1. Issue directives in accordance with the law;

2. Issue special orders in accordance with the law;

3. Issue emergency special orders in accordance with the law;

4. Seek injunction, mandamus or other appropriate remedy as authorized by the law;

5. Seek civil penalties under the law; or

6. Seek remedies under the law, or under other laws including the common law.

DOCUMENTS INCORPORATED BY REFERENCE (9VAC15-40)

The Natural Communities of Virginia, Classification of Ecological Community Groups, Second Approximation (Version [ 2.2), 2006 2.3), 2010 ], Virginia Department of Conservation and Recreation, Division of Natural Heritage, Richmond, [ VA Virginia ].

Virginia Outdoors Plan, 2007, Virginia Department of Conservation and Recreation, Richmond, Virginia.

Virginia's Comprehensive Wildlife Conservation Strategy, 2005, Virginia Department of Game and Inland Fisheries, Richmond, Virginia.

VA.R. Doc. No. R09-2090; Filed November 2, 2010, 1:04 p.m.
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Fast-Track Regulation

Title of Regulation: 9VAC25-260. Water Quality Standards (amending 9VAC25-260-185).

Statutory Authority: § 62.1-44.15 of the Code of Virginia; 33 USC § 1251 et seq. of the federal Clean Water Act; 40 CFR Part 131.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: December 22, 2010.

Effective Date: January 6, 2011.

Agency Contact: Alan Pollock, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4002, FAX (804) 698-4116, or email alan.pollock@deq.virginia.gov.

Basis: Section 62.1-44.15 of the Code of Virginia mandates and authorizes the State Water Control Board to establish water quality standards and policies for any state waters consistent with the purpose and general policy of the State Water Control Law, and to modify, amend, or cancel any such standards or policies established. The federal Clean Water Act at § 303(c) mandates the State Water Control Board to review and, as appropriate, modify and adopt water quality standards. The promulgating entity is the State Water Control Board.

The corresponding federal water quality standards regulation at 40 CFR 131.6 describes the minimum requirements for water quality standards. The minimum requirements are use designations, water quality criteria to protect the designated uses, and an antidegradation policy. All of the citations mentioned describe mandates for water quality standards.

The U.S. Environmental Protection Agency (EPA) Water Quality Standards regulation (40 CFR 131.11) is the regulatory basis for the EPA requiring states to establish water quality criteria to protect designated uses and the criteria are used to assess whether a waterbody is meeting those uses.

Purpose: The proposed amendments to the regulation are essential to protect the health, safety, and welfare of the citizens of the Commonwealth by protecting the water quality and living resources of the Chesapeake Bay and its tidal rivers. EPA has continued to refine the assessment procedures as scientific research and management applications reveal new insights and knowledge about the Chesapeake Bay. The EPA's procedure documents being incorporated into Virginia regulation by this action replace or otherwise supersede similar criteria assessment procedures published in earlier documents, but not all of them. Therefore, it is necessary for the Virginia water quality standards to refer to each of the addenda published by EPA.

Rationale for Using Fast-Track Process: The proposed amendment to 9VAC25-260-185 B references assessment protocol documents published by EPA. These protocols have been developed by EPA through a collaborative process within the Chesapeake Bay Program. Other amendments are to correct reference to water quality standard sections, misspellings, and grammar and to add clarity. The proposed amendments are expected to be non-controversial and therefore justify using the fast track process.

Substance: The proposed substantive amendment to 9VAC25-260-185 B of the Water Quality Standards is a reference to the October 2007, September 2008, and May 2010 Chesapeake Bay Criteria Assessment Protocols Addenda. These recently published protocols are being used by EPA to develop the total maximum daily loads (TMDLs) for the Chesapeake Bay and its tidal rivers. TMDLs must be developed in accordance with approved water quality standards. Therefore, it is necessary for the Virginia water quality standards to refer to each of the addenda published by EPA.

Issues: There are no primary advantages or disadvantages to the public. The primary advantage to the agency and the Commonwealth is having improved methods for assessing attainment of designated uses in the Chesapeake Bay. There is no disadvantage to the agency or the Commonwealth that will result from the adoption of this amendment.

The Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The State Water Control Board (Board) proposes to incorporate the latest United States Environmental Protection Agency (EPA) Chesapeake Bay Criteria Assessment Protocols Addenda into these regulations.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. In reference to whether various specified criteria for the protection of the Chesapeake Bay are met, the current and proposed regulations state that

Attainment of these criteria shall be assessed through comparison of the generated cumulative frequency distribution of the monitoring data to the applicable criteria reference curve for each designated use. If the monitoring data cumulative frequency curve is completely contained inside the reference curve, then the segment is in attainment of the designated use.

The regulations list the EPA documents that specify the reference curves and procedures to be followed. The Board proposes to add the October 2007, September 2008, and May 2010 Chesapeake Bay Criteria Assessment Protocols Addenda to the list of EPA documents that specify the reference curves and procedures to be followed.

In practice this will produce three changes. First, chlorophyll level data will be averaged with a geometric mean rather than an arithmetic mean. This will reduce the likelihood that a spike in the data will produce an average that is not reflective of the most common data readings. This will slightly reduce the chance that chlorophyll levels for a Chesapeake Bay segment will be deemed unacceptable due to a single outlier reading. Second, a different methodology that will more accurately reflect levels of dissolved oxygen will be used. Third, reference curves have been updated to reflect the best current available information. Neither the different methodology for measuring dissolved oxygen nor the updating of reference curves is expected to greatly affect the likelihood of whether a Chesapeake Bay segment will be deemed to be meeting water quality standards, but will be beneficial in that the accuracy of information produced for consideration will likely be moderately improved.

Businesses and Entities Affected. These regulations affect entities with point source permitted discharges greater than 0.5 million gallons per day (MGD) with nutrients and oxygen demanding substances in their discharge. This includes sewage treatment plants, food processing (poultry and seafood), chemical and pulp and paper industries.

Localities Particularly Affected. These regulations particularly affect localities containing or adjacent to the Chesapeake Bay, Potomac River, Rappahannock River, Corrotoman River, Piankatank River, Mattaponi River, Pamunkey River, York River, Mobjack Bay, James River, Appomattox River, Chickahominy River, Elizabeth River, Lafayette River, Lynnhaven River, Pocomoke River, and Tangier Sound.

Projected Impact on Employment. The proposal amendments are unlikely to significantly affect employment.

Effects on the Use and Value of Private Property. The proposed amendments are unlikely to significantly affect the use and value of private property.

Small Businesses: Costs and Other Effects. The proposed amendments are unlikely to significantly affect small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments are unlikely to significantly affect small businesses.

Real Estate Development Costs. The proposed amendments are unlikely to significantly affect real estate development costs.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

Agency's Response to the Department of Planning and Budget's Economic Impact Analysis: The department has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has no comment.

Summary:

The proposed amendment to the Chesapeake Bay nutrient criteria section (9VAC25-260-185) of the Water Quality Standards regulation incorporates the October 2007, September 2008, and May 2010 Chesapeake Bay Criteria Assessment Protocols Addenda. The amendment also corrects grammatical errors to footnote 1 of 9VAC25-260-185 B and in 9VAC25-260-185 D 1.

9VAC25-260-185. Criteria to protect designated uses from the impacts of nutrients and suspended sediment in the Chesapeake Bay and its tidal tributaries.

A. Dissolved oxygen.

Designated Use

Criteria Concentration/ Duration

Temporal Application

Migratory fish spawning and nursery

7-day mean ≥ 6 mg/l (tidal habitats with 0-0.5 ppt salinity)

February 1 - May 31

Instantaneous minimum ≥ 5 mg/l

Open water1

30 day mean ≥ 5.5 mg/l (tidal habitats with 0-0.5 ppt salinity)

year-round2

30 day mean ≥ 5 mg/l (tidal habitats with > 0.5 ppt salinity)

7 day mean ≥ 4 mg/l

Instantaneous minimum ≥ 3.2 mg/l at temperatures < 29°C

Instantaneous minimum ≥ 4.3 mg/l at temperatures ≥ 29°C

Deep water

30 day mean ≥ 3 mg/l

June 1 - September 30

1 day mean ≥ 2.3 mg/l

Instantaneous minimum ≥ 1.7 mg/l

Deep channel

Instantaneous minimum ≥ 1 mg/l

June 1 - September 30

1In applying this open water instantaneous criterion to the Chesapeake Bay and its tidal tributaries where the existing water quality for dissolved oxygen exceeds an instantaneous minimum of 3.2 mg/l, that higher water quality for dissolved oxygen shall be provided antidegradation protection in accordance with 9 VAC 25-610-30 A 2 9VAC25-260-30 A 2.

2Open-water dissolved oxygen criteria attainment is assessed separately over two time periods: summer (June 1- September 30) and nonsummer (October 1-May 31) months.

B. Submerged aquatic vegetation and water clarity. Attainment of the shallow-water submerged aquatic vegetation designated use shall be determined using any one of the following criteria:

Designated Use

Chesapeake Bay Program Segment

SAV Acres1

Percent Light-Through-Water2

Water Clarity Acres1

Temporal Applica-tion

Shallow Water Submerged Aquatic Vegetation Use

CB5MH

7,633

22%

14,514

April 1 - October 31

CB6PH

1,267

22%

3,168

March 1 - November 30

CB7PH

15,107

22%

34,085

March 1 - November 30

CB8PH

11

22%

28

March 1 - November 30

POTTF

2,093

13%

5,233

April 1 - October 31

POTOH

1,503

13%

3,758

April 1 - October 31

POTMH

4,250

22%

10,625

April 1 - October 31

RPPTF

66

13%

165

April 1 - October 31

RPPOH

4

13%

10

April 1 - October 31

RPPMH

1700

22%

5000

April 1 - October 31

CRRMH

768

22%

1,920

April 1 - October 31

PIAMH

3,479

22%

8,014

April 1 - October 31

MPNTF

85

13%

213

April 1 - October 31

MPNOH

-

-

-

-

PMKTF

187

13%

468

April 1 - October 31

PMKOH

-

-

-

-

YRKMH

239

22%

598

April 1 - October 31

YRKPH

2,793

22%

6,982

March 1 - November 30

MOBPH

15,901

22%

33,990

March 1 - November 30

JMSTF2

200

13%

500

April 1 - October 31

JMSTF1

1000

13%

2500

April 1 - October 31

APPTF

379

13%

948

April 1 - October 31

JMSOH

15

13%

38

April 1 - October 31

CHKOH

535

13%

1,338

April 1 - October 31

JMSMH

200

22%

500

April 1 - October 31

JMSPH

300

22%

750

March 1 - November 30

WBEMH

-

-

-

-

SBEMH

-

-

-

-

EBEMH

-

-

-

-

ELIPH

-

-

-

-

LYNPH

107

22%

268

March 1 - November 30

POCOH

-

-

-

-

POCMH

4,066

22%

9,368

April 1 - October 31

TANMH

13,579

22%

22,064

April 1 - October 31

1The assessment period for SAV and water clarity acres shall be the single best year in the most recent three consecutive years. When three consecutive years of data are not available, a minimum of three years within the data assessment window shall be used.

2Percent Light through Water = 100e(-KdZ) where Kd is water column light attenuation coefficient and can be measured directly or converted from a measured secchi depth where Kd = 1.45/secchi depth. Z = depth at location of measurement of Kd.

C. Chlorophyll a.

Designated Use

Chlorophyll a Narrative Criterion

Temporal Application

Open Water

Concentrations of chlorophyll a in free-floating microscopic aquatic plants (algae) shall not exceed levels that result in undesirable or nuisance aquatic plant life, or render tidal waters unsuitable for the propagation and growth of a balanced, indigenous population of aquatic life or otherwise result in ecologically undesirable water quality conditions such as reduced water clarity, low dissolved oxygen, food supply imbalances, proliferation of species deemed potentially harmful to aquatic life or humans or aesthetically objectionable conditions.

March 1 - September 30

*See 9VAC25-260-310 special standard bb for numerical chlorophyll criteria for the tidal James River.

D. Implementation.

1. Chesapeake Bay program segmentation scheme as described in Chesapeake Bay Program, 2004 Chesapeake Bay Program Analytical Segmentation Scheme-Revisions, Decisions and Rationales: 1983—2003, CBP/TRS 268/04, EPA 903-R-04-008, Chesapeake Bay Program, Annapolis, Maryland, and the Chesapeake Bay Program published 2005 addendum (CBP/TRS 278-06; EPA 903-R-05-004) is listed below and shall be used as the spatial assessment unit to determine attainment of the criteria in this section for each designated use.

Chesapeake Bay Segment Description

Segment Name1

Chesapeake Bay Segment Description

Segment Name1

Lower Central Chesapeake Bay

CB5MH

Mobjack Bay

MOBPH

Western Lower Chesapeake Bay

CB6PH

Upper Tidal Fresh James River

JMSTF2

Eastern Lower Chesapeake Bay

CB7PH

Lower Tidal Fresh James River

JMSTF1

Mouth of the Chesapeake Bay

CB8PH

Appomattox River

APPTF

Upper Potomac River

POTTF

Middle James River

JMSOH

Middle Potomac River

POTOH

Chickahominy River

CHKOH

Lower Potomac River

POTMH

Lower James River

JMSMH

Upper Rappahannock River

RPPTF

Mouth of the James River

JMSPH

Middle Rapphannock Rappahannock River

RPPOH

Western Branch Elizabeth River

WBEMH

Lower Rapphannock Rappahannock River

RPPMH

Southern Branch Elizabeth River

SBEMH

Corrotoman River

CRRMH

Eastern Branch Elizabeth River

EBEMH

Piankatank River

PIAMH

Lafayette River

LAFMH

Upper Mattaponi River

MPNTF

Mouth of the Elizabeth River

ELIPH

Lower Mattaponi River

MPNOH

Lynnhaven River

LYNPH

Upper Pamunkey River

PMKTF

Middle Pocomoke River

POCOH

Lower Pamunkey River

PMKOH

Lower Pocomoke River

POCMH

Middle York River

YRKMH

Tangier Sound

TANMH

Lower York River

YRKPH

1First three letters of segment name represent Chesapeake Bay segment description, letters four and five represent the salinity regime of that segment (TF = Tidal Fresh, OH = Oligohaline, MH = Mesohaline and PH = Polyhaline) and a sixth space is reserved for subdivisions of that segment.

2. The assessment period shall be the most recent three consecutive years. When three consecutive years of data are not available, a minimum of three years within the the data assessment window shall be used.

3. Attainment of these criteria shall be assessed through comparison of the generated cumulative frequency distribution of the monitoring data to the applicable criteria reference curve for each designated use. If the monitoring data cumulative frequency curve is completely contained inside the reference curve, then the segment is in attainment of the designated use. The reference curves and procedures to be followed are published in the USEPA, Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and Its Tidal Tributaries, EPA 903-R-03-002, April 2003 and the 2004 (EPA 903-R-03-002 October 2004) and , 2007 (CBA/TRS (CBP/TRS 285-07, EPA 903-R-07-003), 2007 (CBP/TRS 288/07, EPA 903-R-07-005), 2008 (CBP/TRS 290-08, EPA 903-R-08-001), and 2010 (CBP/TRS 301-10, EPA 903-R-10-002) addenda. An exception to this requirement is in measuring attainment of the SAV and water clarity acres, which are compared directly to the criteria.

DOCUMENTS INCORPORATED BY REFERENCE (9VAC25-260)

Chesapeake Bay Program Analytical Segmentation Scheme -- Revisions, Decisions and Rationales 1983-2003, EPA 903-R-04-008, CBP/TRS 268/04, October 2004, US EPA Region III Chesapeake Bay Office.

Chesapeake Bay Program Analytical Segmentation Scheme -- Revisions, Decisions and Rationales 1983-2003, EPA 903-R-05-004, CBP/TRS 278-06, 2005 Addendum, December 2005, US EPA Region III Chesapeake Bay Office.

Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and Its Tidal Tributaries, EPA 903-R-03-002, April 2003 and 2004 Addendum, October 2004, US EPA Region III Chesapeake Bay Office

Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and Its Tidal Tributaries, EPA 903-R-07-003, CBP/TRS 285/07 2007 Addendum, July 2007, US EPA Region III Chesapeake Bay Office.

Technical Support Document for Identification of Chesapeake Bay Designated Uses and Attainability, EPA 903-R-03-004, October 2003 and 2004 Addendum, October 2004, US EPA Region III Chesapeake Bay Office.

Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and its Tidal Tributaries - 2007 Chlorophyll Criteria Addendum, EPA 903-R-07-005, CBP/TRS 288/07, November 2007, U.S. EPA Region III Chesapeake Bay Office.

Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and its Tidal Tributaries - 2008 Technical Support for Criteria Assessment Protocols Addendum, EPA 903-R-08-001, CBP/TRS 290-08, September 2008, U.S. EPA Region III Chesapeake Bay Office.

Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and its Tidal Tributaries - 2010 Technical Support for Criteria Assessment Protocols Addendum, EPA 903-R-10-002, CBP/TRS 301-10, May 2010, U.S. EPA Region III Chesapeake Bay Office.

VA.R. Doc. No. R11-2439; Filed November 2, 2010, 1:06 p.m.
TITLE 10. FINANCE AND FINANCIAL INSTITUTIONS
STATE CORPORATION COMMISSION
Proposed Regulation

REGISTRAR'S NOTICE: The State Corporation Commission is exempt from the Administrative Process Act in accordance with § 2.2-4002 A 2 of the Code of Virginia, which exempts courts, any agency of the Supreme Court, and any agency that by the Constitution is expressly granted any of the powers of a court of record.

Title of Regulation: 10VAC5-200. Payday Lending (amending 10VAC5-200-100).

Statutory Authority: §§ 6.2-1815 and 12.1-13 of the Code of Virginia.

Public Hearing Information: A public hearing will be held upon request.

Public Comment Deadline: December 10, 2010.

Agency Contact: E. J. Face, Jr., Bureau of Financial Institutions Commissioner, State Corporation Commission, P.O. Box 640, Richmond, VA 23218, telephone (804) 371-9659, FAX (804) 371-9416, or email joe.face@scc.virginia.gov.

Summary:

Based on Chapter 477 of the 2010 Acts of Assembly, which became effective on October 1, 2010, the State Corporation Commission is proposing changes to 10VAC5-200-100, which governs the conduct of other business in payday lending offices. The amendments to 10VAC5-200-100 A 2 prohibit the business of making loans under an open-end credit plan from a licensee's payday lending office. However, amendments to 10VAC5-200-100 F retain certain conditions for open-end auto title lending because Chapter 477 permits lenders to continue collecting payments on their outstanding open-end auto title loans. Amendments to 10VAC5-200-100 B clarify the standards for approving the conduct of other business in payday lending offices, and the amendments to 10VAC5-200-100 G prescribe the uniform conditions that would be applicable to conduct a motor vehicle title lending business from a licensee's payday lending office. An additional disclosure requirement is added at the end of 10VAC5-200-100 J and K. Lastly, based on Chapter 794 of the 2010 Acts of Assembly, which recodified Title 6.1 of the Code of Virginia as Title 6.2 of the Code of Virginia effective October 1, 2010, the amendments update Code of Virginia citations.

AT RICHMOND, NOVEMBER 2, 2010

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. BFI-2010-00253

Ex Parte: In re: other business
in payday lending offices

ORDER TO TAKE NOTICE

Section 6.2-1815 of the Code of Virginia provides that the State Corporation Commission ("Commission") shall adopt such regulations as it deems appropriate to effect the purposes of Chapter 18 (§ 6.2-1800 et seq.) of Title 6.2 of the Code of Virginia. The Commission's payday lending regulations are set forth in Title 10 of the Virginia Administrative Code.

The Bureau of Financial Institutions ("Bureau") has submitted to the Commission proposed amendments to 10 VAC 5-200-100 ("Section 100") of the Virginia Administrative Code, which governs the conduct of other business in payday lending offices. The impetus for the proposed amendments is Chapter 477 of the 2010 Virginia Acts of Assembly ("Chapter 477"), which became effective on October 1, 2010, and primarily established a licensing and regulatory framework for motor vehicle title lenders and motor vehicle title loans. More significant to Section 100 is that Chapter 477 also amended Virginia's open-end lending statute, § 6.2-312 of the Code of Virginia (formerly § 6.1-330.78 of the Code of Virginia). As amended, § 6.2-312 C provides in pertinent part as follows:

(i) A licensee, as defined in § 6.2-1800, shall not engage in the extension of credit under an open-end credit plan described in this section and, (ii) a third party shall not engage in the extension of credit under an open-end credit plan described in this section at any office, suite, room, or place of business where a licensee conducts the business of making payday loans.

The proposed regulation reflects this amendment, but retains certain conditions for open-end auto title lending because other business operators are permitted by Chapter 477 to continue collecting payments on any outstanding open-end loans. Also included in the proposal as a result of Chapter 477 is a set of uniform conditions that would be applicable to the conduct of a motor vehicle title lending business from a licensee's payday lending offices. Notably, the proposed conditions for motor vehicle title lending are largely a subset of the conditions in Section 100 that have been applicable to the conduct of an open-end auto title lending business from a licensee's payday lending offices.

Another source of proposed changes to Section 100 is 10 VAC 5-210-70 of the Virginia Administrative Code, which was adopted by the Commission effective October 1, 2010, and governs the conduct of other business in motor vehicle title lending offices. Although 10 VAC 5-210-70 was initially proposed to mirror Section 100, the Commission ultimately clarified the standards for approving other business in motor vehicle title lending offices (subsection B) and added a disclosure requirement at the end of subsections E, H, and I when it adopted 10 VAC 5-210-70. Accordingly, in order to similarly clarify Section 100 and promote consistency between these two regulations, the proposal also includes modifications that track the Commission's changes to 10 VAC 5-210-70.

Lastly, based on Chapter 794 of the 2010 Virginia Acts of Assembly, which recodified Title 6.1 of the Code of Virginia as Title 6.2 of the Code of Virginia effective October 1, 2010, the Bureau is also proposing to update the affected statutory references that are found throughout Section 100.

NOW THE COMMISSION, based on the information supplied by the Bureau, is of the opinion and finds that the proposed regulation should be considered for adoption with an effective date of January 1, 2011.

Accordingly, IT IS ORDERED THAT:

(1) The proposed regulation, entitled "Other Business in Payday Lending Offices," is appended hereto and made a part of the record herein.

(2) Comments or requests for a hearing on the proposed regulation must be submitted in writing to Joel H. Peck, Clerk, State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218, on or before December 10, 2010. Requests for a hearing shall state why a hearing is necessary and why the issues cannot be adequately addressed in written comments. All correspondence shall contain a reference to Case No. BFI-2010-00253. Interested persons desiring to submit comments or request a hearing electronically may do so by following the instructions available at the Commission's website: http://www.scc.virginia.gov/case.

(3) This Order and the attached proposed regulation shall be posted on the Commission's website at http://www.scc.virginia.gov/case.

(4) The Commission's Division of Information Resources shall send a copy of this Order, including a copy of the attached proposed regulation, to the Virginia Registrar of Regulations for publication in the Virginia Register of Regulations.

AN ATTESTED COPY hereof, together with a copy of the proposed regulation, shall be sent by the Clerk of the Commission to the Commission's Office