GENERAL NOTICES/ERRATA
Vol. 27 Iss. 6 - November 22, 2010

GENERAL NOTICES/ERRATA

DEPARTMENT OF ENVIRONMENTAL QUALITY

Environmental Study on Eight Stream Segments Within the James River Watershed

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

Public meeting information: The meeting will be held on Thursday, December 9, 2010, in the Community Room of the Lynchburg Public Library, 2315 Memorial Avenue, Lynchburg, VA, from 6:30 p.m. to 8:30 p.m.

Comment period: December 10, 2010, to January 10, 2011.

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

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

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

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

How to comment: DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period. DEQ also accepts written and oral comments at the public meeting announced in this notice. Written comments should be directed to Paula Nash, Department of Environmental Quality, 7705 Timberlake Road, Lynchburg, VA 24502, email paula.nash@deq.virginia.gov, or telephone (434) 582-5120, or to Kelly Hitchcock, Virginia's Region 2000 Local Government Council, 828 Main Street, 12th Floor, Lynchburg, VA 24504, email khitchcock@region2000.org, or telephone (434) 845-3491.

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

PCB Total Maximum Daily Load (TMDL) Study in the Elizabeth River and Lower James River Watersheds

The Virginia Department of Environmental Quality (DEQ) will host a public meeting on a water quality study for the Elizabeth River mainstem, branches, and several tributaries as well as the middle-lower portions of the James River and major tributaries, on Wednesday, December 1, 2010. The meeting will start at 6 p.m. in the DEQ, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA.

There are several impaired estuarine and tributary segments in the James River and Elizabeth River watersheds that were identified in the 2006 and 2008 Water Quality Assessment and Integrated Reports due to violations of Virginia's water quality standards for PCB (polychlorinated biphenyl) in fish tissue. The PCB-impaired segments include the entire mainstem of the James River, from the fall line to the mouth and major tributaries: Nansemond River, Pagan River, Jones Creek, Chuckatuck and Brewers Creeks, and Bennett Creek. For the purpose of this meeting, the portion of the James River covered in this region will extend southward from the Chickahominy River. Included in the Elizabeth River watershed are the main channel, the Western, Southern and Eastern Branches, St. Julian's Creek, Deep Creek, Broad Creek, and Willoughby Bay.

The purpose of the study will be to identify sources in the watersheds and to determine the reductions in loadings needed to meet the water quality goals. The TMDL will be used to determine a water quality endpoint. Because violations of Virginia's water quality standards for PCB in fish tissue have been detected, the objective of the PCB TMDL will be to ensure the "fishing" designated use in the river is supported to allow consumption of fish protective of human health.

Section 303(d) of the Clean Water Act and ยง 62.1-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's 303(d) TMDL Priority List and Report and subsequent Water Quality Assessment Reports.

The public comment period on materials presented at this meeting will extend from December 2, 2010, to January 3, 2011. For additional information or to submit comments, contact Jennifer Howell, Virginia Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, by telephone (757) 518-2111, or by email jennifer.howell@deq.virginia.gov. Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

Total Maximum Daily Load Implementation Plan for Hays Creek, Walker Creek, Moffatts Creek, and Otts Creek in Augusta and Rockbridge Counties

The Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation (DCR) seek written and oral comments from interested persons on the development of a total maximum daily load (TMDL) implementation plan for Hays Creek, Walker Creek, Moffatts Creek, and Otts Creek in Augusta and Rockbridge counties. Hays Creek was listed on the 1998 303(d) TMDL Priority List and Report as impaired due to violations of the state's water quality standard for bacteria. This impairment extends for 11.99 miles from Moffatts Creek to the confluence with the Maury River. Tributaries of Hays Creek, including Moffatts Creek, Walker Creek, and Otts Creek are also listed on the 2006 303(d) TMDL Priority List and Report for violations of the state's water quality standard for bacteria. These TMDLs were approved by EPA on May 19, 2008, and are available on DEQ's website at http://gisweb.deq.virginia.gov/tmdlapp/tmdl_report_search.cfm.

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

DEQ and DCR will hold a final public meeting on Thursday, December 2, 2010, at 7 p.m. to inform the public of the IP development and to solicit comments on the draft document. The meeting will be held at the Rockbridge Baths Volunteer Fire Department, 5024 Maury River Road, Rockbridge Baths, VA.

The draft implementation plan will be available for review on DEQ's website no later than December 2, 2010, at http://www.deq.virginia.gov/tmdl/iprpts.html. The public comment period for this final public meeting will end on Monday January 3, 2011. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Nesha McRae, Department of Conservation and Recreation, 44 Sangers Lane, Suite 102, Staunton, VA 24401, telephone (540) 332-9238, or email nesha.mcrae@dcr.virginia.gov.

DEPARTMENT OF HEALTH

Drinking Water State Revolving Fund Program - Intended Use Plan for FY2010

The Virginia Department of Health (VDH) received numerous funding requests and set-aside suggestions following the January 2009 announcement regarding funds available from the Drinking Water State Revolving Fund Program. Through the Safe Drinking Water Act, Congress authorizes capitalization grants to the states but authorization has not been finalized.

VDH's Office of Drinking Water (ODW) has prepared a draft intended use plan (IUP) using information submitted via the funding requests and set-aside suggestions. This draft IUP is for review and comment by the public. The document entitled "Virginia Drinking Water State Revolving Fund Program Design Manual" (dated January 12, 2009) is a part of the IUP. This document was mailed in the January announcement and is available at: http://www.vdh.virginia.gov/drinkingwater/financial.

As previously announced, VDH will hold a public meeting. The meeting will be on Wednesday, December 15, 2010, from 8:30 a.m. to 10:30 a.m. at the Office of Drinking Water East Central Field Office, 300 Turner Road, Richmond, VA 23225. In addition, comments from the public are to be postmarked by Friday, December 24, 2010.

Those parties planning to attend may contact Theresa Hewlett at (804) 864-7501 by the close of business on Monday, December 13, 2010. Please direct your requests for information and forward written comments to: Steven D. Pellei, P. E., Virginia Department of Health, Office of Drinking Water, James Madison Building, Room 622, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7489, FAX (804) 864-7521.

Contact Information: Steven D. Pellei, P.E., Program Manager, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7489, FAX (804) 864-7521, or email steve.pellei@vdh.virginia.gov.

STATE LOTTERY DEPARTMENT

Director's Orders

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on November 3, 2010. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, VA.

Director's Order Number Ninety-Two (10)

Virginia's Instant Game Lottery 1205; "Tis The Season" Final Rules for Game Operation (effective nunc pro tunc to November 2, 2010)

Director's Order Number Ninety-Six (10)

Virginia's Twenty-Fourth On-Line Game "Virginia's New Year Millionaire Raffle" Final Rules for Game Operation (effective nunc pro tunc to November 2, 2010)

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; FAX (804) 692-0625; Email: varegs@dls.virginia.gov.

Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at http://www.virginia.gov/cmsportal3/cgi-bin/calendar.cgi.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/cumultab.htm.

Filing Material for Publication in the Virginia Register of Regulations: Agencies are required to use the Regulation Information System (RIS) when filing regulations for publication in the Virginia Register of Regulations. The Office of the Virginia Register of Regulations implemented a web-based application called RIS for filing regulations and related items for publication in the Virginia Register. The Registrar's office has worked closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.

The Office of the Virginia Register is working toward the eventual elimination of the requirement that agencies file print copies of regulatory packages. Until that time, agencies may file petitions for rulemaking, notices of intended regulatory actions, and general notices in electronic form only; however, until further notice, agencies must continue to file print copies of proposed, final, fast-track, and emergency regulatory packages.