GENERAL NOTICES
Vol. 28 Iss. 7 - December 05, 2011

GENERAL NOTICES/ERRATA

DEPARTMENT OF ENVIRONMENTAL QUALITY

Notice of Intent from Poseidon Atlantic LLC for a Small Wind Energy Project

On October 31, 2011, Poseidon Atlantic LLC (Poseidon Atlantic) submitted a notice of intent (NOI) to the Department of Environmental Quality (DEQ) for a small wind energy project. In accordance with 9VAC15-40-30 A 1 of the Small Renewable Energy Projects (Wind) Permit by Rule Regulations, an NOI is to be furnished, as early in the project development process as practicable, to the DEQ and is to be published in the Virginia Register as notification that Poseidon Atlantic intends to submit the necessary documentation for a permit by rule for a small renewable wind energy project in accordance with 9VAC15-40.

Proposed project: Poseidon Atlantic is proposing to develop and construct a wind turbine electric energy generation and testing facility in Northampton County, Virginia. This will be an on-land development but mainly meant for energy generation by new offshore wind turbines, including measurement and certification services for those turbines.

Proposed site location: Near Eastville, Virginia, in Northampton County. Boundary coordinates of the proposed site are:

37d 24m 50s N, 75d 53m 00s W
37d 24m 50s N, 75d 55m 50s W
37d 20m 14s N, 75d 54m 20s W
37d 20m 14s N, 75d 56m 10s W

Proposed turbine size: In detailed field studies, there are three possible turbine lines of up to 4-6 turbines per line positioned in the polygon area limited by the above coordinates. The final goal is develop up to 10 turbine positions; therefore, not all of the identified lines will be fully used. The turbines will have tip heights of up to 750 feet and range in size from 2MW to 10MW per turbine. When fully populated, the site is expected to generate up to 50MW of wind energy production power.

Current project status: Poseidon Atlantic is in the initial stage of discussions with land owners and has signed letters of intent with some owners. The letter of intent stipulates the company's intentions to negotiate a land lease agreement for the project. The Northampton County Board of Supervisors and a Special Planning Commission have prepared and adopted a Wind Ordinance. Poseidon Atlantic has worked constructively with Northampton County over the last months and expects that its plans will comply with the county ordinance. Additionally, the company has announced its plans to the Department of Defense, the National Oceanic and Atmospheric Administration, the Department of Energy, and the Federal Aviation Administration.

Company information: Poseidon Atlantic has strong partners with Ecofys, which owns and operates a European wind test lab, and Fugro, which is contracted on 80% of all global offshore wind projects, and is sponsored by the Virginia Economic Development Partnership and the Virginia Port Authority. For more information, please visit www.poseidon-atlantic.com.

Contact information: Carol Wampler, Renewable Energy Policy Manager, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4579, FAX (804) 698-4346, TDD (804) 698-4021, or email carol.wampler@deq.virginia.gov.

Total Maximum Daily Load for Sugarland Run, Mine Run, and Pimmit Run

Announcement of a total maximum daily load (TMDL) study to restore water quality in the bacteria impaired waters of Sugarland Run, Mine Run, and Pimmit Run.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Virginia Department of Conservation and Recreation (DCR) announce a public meeting to present the results of TMDL studies on Sugarland Run, Mine Run, and Pimmit Run.

Public meetings: Wednesday, December 14, 2011, 7 p.m. to 9 p.m., Great Falls Library, Meeting Room, 9830 Georgetown Pike, Great Falls, VA 22066.

Meeting description: This is the final public meeting for this project. The purpose of this meeting is to discuss the study with community members and present the project results.

Description of study: Portions of the following streams have been identified as impaired on the Clean Water Act § 303(d) list for not supporting Virginia's water quality recreational use standard due to exceedances of the bacteria criterion:

Waterbody Name

Watershed Location

Segment Size

Cause

Segment Description

Sugarland Run

Fairfax County
Loudoun County
Town of Herndon

0.95 miles

Escherichia coli

Segment begins at the confluence with Folly Lick Branch, at approximately rivermile 5.75, and continues downstream until the boundary of the PWS designation area, at rivermile 4.82.

Sugarland Run

Fairfax County
Loudoun County
Town of Herndon

4.77 miles

Escherichia coli

Segment begins at the boundary of the PWS designation area, at rivermile 4.82, and continues downstream until the confluence with the Potomac River.

Mine Run

Fairfax County 

0.93 miles

Escherichia coli

Segment begins at the confluence with an unnamed tributary to Mine Run, approximately 0.5 rivermile upstream from River Bend Road, and continues downstream until the confluence with the Potomac River.

Pimmit Run

Arlington County
Fairfax County

1.62 miles

Escherichia coli

Segment begins at the confluence with Little Pimmit Run, approximately 0.1 rivermile downstream from Route 695, and continues downstream until the confluence with the Potomac River.

Pimmit Run

Arlington County
Fairfax County

2.46 miles

Escherichia coli

Segment begins at the Route 309 bridge crossing, at rivermile 4.16, and continues downstream until the confluence with Little Pimmit Run, approximately 0.1 rivermile downstream from Route 695.

Pimmit Run

Arlington County
Fairfax County

3.29 miles

Escherichia coli

Segment begins at the headwaters of Pimmit Run, approximately 0.12 rivermile upstream from Route 7, and continues downstream until the Route 309 bridge crossing, at rivermile 4.16.

Virginia agencies are working to identify the sources of bacteria contamination in these stream segments. During this study, DEQ developed a total maximum daily load (TMDL) for each of the impaired stream segments. A TMDL is the total amount of a pollutant a water body can receive and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL allocated amount.

How to comment: The public comment period on materials presented at the public meeting will extend from December 14, 2011, to January 13, 2012. DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting, and be received by DEQ during the comment period. Please send all comments to the contact listed below.

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


STATE LOTTERY DEPARTMENT

Director's Order

The following Director's Order of the State Lottery Department was filed with the Virginia Registrar of Regulations on November 15, 2011. The order 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-Nine (11)

Virginia's Instant Game Lottery 1286; "Ol' Man Winner" Final Rules for Game Operation (effective on November 15, 2011)

STATE WATER CONTROL BOARD

Proposed Consent Order for Mr. Kenneth Dotson and Mrs. Lora Dotson

An enforcement action has been proposed for Mr. Kenneth Dotson and Mrs. Lora Dotson for violations of the State Water Control Law and Regulations at the Locust Grove Town Center Sewage Treatment Plant (STP) in Orange County. The State Water Control Board proposes to issue a consent order to Mr. Kenneth Dotson and Mrs. Lora Dotson to resolve permit effluent violations at the STP. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Daniel Burstein will accept comments by email at daniel.burstein@deq.virginia.gov, FAX at (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from December 6, 2011, through January 5, 2012.

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.