GENERAL NOTICES/ERRATA
Vol. 35 Iss. 1 - September 03, 2018

DEPARTMENT OF CONSERVATION AND RECREATION

Virginia Outdoors Foundation - Forest and Community Opportunities for Restoration and Enhancement Fund Review

Virginia Outdoors Foundation (VOF) is requesting feedback on draft material for a new grant initiative focusing on offsetting the impact of forest fragmentation caused by the path of two natural gas pipelines. A press release and the draft material can be found on the VOF website at http://www.virginiaoutdoorsfoundation.org/2018/08/vof-seeking-input-for-development-of-new-grant-initiative/.

VOF is calling the initial fund the Forest and Community Opportunities for Restoration and Enhancement Fund (Forest CORE Fund). The name is to represent both the forest cores (large acreage tracts of forest with high ecological integrity) that are being targeted for protection as well as to represent the importance of involving the community in this work.

This notice is to make the public aware of the material and to request feedback. There is no deadline to provide input, but written comments submitted after August 21, 2018, will be reviewed and considered for subsequent grant rounds. The VOF Board of Trustees will meet August 22, 2018, to review and approve the fund materials. The program will be announced publicly by the end of August.

If you have questions, please contact Emily White at email ewhite@vofonline.org or telephone (434) 282-7054.

Contact Information: Bobbie Cabibbo, Executive Assistant, Executive Office of Virginia Outdoors Foundation, 324 Waterloo Street, Warrenton, VA 20186, telephone (540) 347-7727 ext. 226, FAX (540) 347-7711, or email bcabibbo@vofonline.org.

CRIMINAL JUSTICE SERVICES BOARD

Committee on Training Approved Performance Outcomes for Dispatchers

The Department of Criminal Justice Services' Committee on Training approved comprehensive revisions to the performance outcomes, training objectives, testing criteria, and lesson plan guides for dispatchers on June 14, 2018. The Committee on Training approved three additional revisions during this meeting. These revisions can be found at https://www.dcjs.virginia.gov/sites/dcjs.virginia.gov/files/cot_approved_performance_outcomes_for_dispatchers_6_1420_18.pdf. All basic dispatcher training will need to conform to the approved revisions by March 30, 2019.

Contact Information: Barbara Peterson-Wilson, Law Enforcement Program Coordinator, Department of Criminal Justice Services, Washington Building, 1100 Bank Street, 12th Floor, Richmond, VA 23219, telephone (804) 225-4503, or email barbara.peterson-wilson@dcjs.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Danville Farm LLC Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule - Pittsylvania County

Danville Farm LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Pittsylvania County, Virginia, pursuant to 9VAC15-60. The Danville Solar Project is located on 191 acres on property previously used as a golf course with an address of 1493 Ringgold Road, Ringgold, Virginia 24586 (36°35'28.40" N, 79°18'1.53" W). The rated capacity of the facility at the point of interconnection will be 12 megawatts alternating current, with approximately 40,000 solar panels on single axis tracker technology.

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4319, or email mary.major@deq.virginia.gov.

Hickory Solar Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule -
Chesapeake, Virginia

Hickory Solar has filed a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Chesapeake pursuant to 9VAC15-60. The project is located on a single parcel (Lat: 36.626042°; Long: -76.192255°) totaling 154.5 acres off Ballentine Road near Battlefield Boulevard in Hickory, Chesapeake, Virginia. The project will have a rated capacity of 32 megawatts alternating current and comprise approximately 91,000 solar photovoltaic panels situated on approximately 150 acres. This project was previously noticed as two separate projects (Hickory Solar 1 LLC and Hickory Solar 2 LLC) in the Virginia Register of Regulations on March 6, 2017.

Contact Information: Mary E. Major, Department of Environmental Quality,1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4319, or email mary.major@deq.virginia.gov.

Hickory Solar 1 LLC and Hickory Solar 2 LLC Withdrawal of Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule -
Chesapeake, Virginia

Hickory Solar 1 LLC and Hickory Solar 2 LLC have withdrawn notices of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Chesapeake pursuant to 9VAC15-60. The notices were previously published in the Virginia Register of Regulations on March 6, 2017. A new notice, combining Hickory Solar 1 LLC and Hickory Solar 2 LLC into a single project, has been filed with the Department of Environmental Quality and will be published in the Virginia Register of Regulations on September 3, 2018.

Contact Information: Mary E. Major, Department of Environmental Quality,1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4319, or email mary.major@deq.virginia.gov.

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on August 15, 2018. The orders may be viewed at the Virginia Lottery, 600 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia.

Director's Order Number One Hundred Seventeen (18)

Virginia Lottery's "Ultimate Miami and Vegas Racing Adventures with Hermie Sadler" Final Rules for Operation (effective August 9, 2018)

STATE WATER CONTROL BOARD

Proposed Consent Order for
Frederick-Winchester Service Authority and
Frederick County Sanitation Authority

An enforcement action has been proposed for Frederick-Winchester Service Authority (FWSA) and Frederick County Sanitation Authority (FCSA) for violations at the Parkins Mill Waste Water Treatment Facility in Winchester, Virginia. The State Water Control Board proposes to issue a consent order dually to FWSA and FCSA to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Tiffany Severs will accept comments by email at tiffany.severs@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, Virginia, 22801, from September 3, 2018, to October 3, 2018.

Proposed Consent Order for Piedmont Neighborhoods LP

An enforcement action has been proposed for Piedmont Neighborhoods LP for violations at the Whittington residential development in Albemarle County, Virginia. The State Water Control Board proposes to issue a penalty only consent order to Piedmont Neighborhoods LP to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Tiffany Severs will accept comments by email at tiffany.severs@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, from September 3, 2018, to October 3, 2018.

Proposed Consent Order for the City of Waynesboro

An enforcement action has been proposed for the City of Waynesboro for violations in Augusta County, Virginia. A proposed amendment to order by consent describes a settlement to further address inflow and infiltration in the city's sewage collection system. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Tiffany Severs will accept comments by email at tiffany.severs@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, VA 22801, from September 3, 2018, to October 3, 2018.

Public Meeting for Total Maximum Daily Load for Barbours Creek, Craig Creek, Catawba Creek, Little Patterson Creek, Sinking Creek, Lapsley Run, and Part of the James River

Public informational meeting: A community meeting will be held on Tuesday, September 11, 2018, from 6 p.m. until 8 p.m. at the Eagle Rock Library. The address is Eagle Rock Library, 55 Eagles Nest Drive, Eagle Rock, VA 24085. In the case of inclement weather, the meeting will be rescheduled for September 13, 2018, from 6 p.m. until 8 p.m. at the Eagle Rock Library. This meeting is open to the public and all are welcome. For more information, please contact Lucy Baker at email lucy.baker@deq.virginia.gov or telephone (540) 562-6718.

Purpose of notice: The Department of Environmental Quality (DEQ) and its contractors, Virginia Tech's Biological Systems Engineering Department, will discuss the results of a water quality study, known as a total maximum daily load (TMDL) for Barbours Creek, Craig Creek, Catawba Creek, Little Patterson Creek, Sinking Creek, Lapsley Run, and a section on the James River in Craig and Botetourt Counties. These streams are listed on the § 303(d) TMDL Priority List and Report as impaired due to violations of Virginia's water quality standards for recreational use and general standard (benthics). Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia requires DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report. This is an opportunity for local residents to learn about the condition of these streams, share information about the area, and become involved in the process of local water quality improvement. A 30-day public comment period on the draft TMDL will follow the meetings from September 11, 2018, through October 10, 2018. To access the draft TMDL document, visit http://bit.do/VADEQdraftTMDL.

Description of study: In Botetourt and Craig Counties, portions of the James River, Catawba Creek, Craig Creek, Barbours Creek, Sinking Creek, Lapsley Run, and Little Patterson Creek are impaired for the "recreational use" water quality standard, meaning there is too much E. Coli bacteria present in these waterbodies. A section of Catawba Creek does not have a healthy and diverse community of aquatic organisms and subsequently does not meet the "aquatic life" water quality standard. Excessive bacteria levels may pose a threat to human health; therefore, a bacteria standard was established to preserve recreational uses in Virginia's waterbodies. This water quality study will report on the sources of bacteria and recommend reductions to meet TMDLs for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, bacteria levels need to be reduced to the TMDL amount. A component of a TMDL is the wasteload allocation (WLA); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Administrative Process Act for any future adoption of the TMDL WLAs.

Stream

Impairment length

Location description

County

Impairment

Craig Creek

7.91 miles

Mainstem from the mouth of Turnpike Creek extending downstream to the Rt. 311 crossing

Craig County

Bacteria

Craig Creek

11.43 miles

Craig Creek from the mouth of Johns Creek downstream to the Barbours Creek confluence

Craig County

Bacteria

Craig Creek

27.56 miles

Craig Creek mainstem from the mouth of Wilson Branch downstream confluence with the James River

Botetourt County

Bacteria

Barbours Creek

7.15 miles

Barbours Creek from just downstream of the Rt. 617 and Rt. 611 junction at the mouth of Valley Branch on downstream to its mouth on Craig Creek

Craig County

Bacteria

Little Patterson Creek

4.24 miles

Little Patterson Creek from just upstream of the Rt. 684 (Sugar Tree Hollow Rd.) crossing downstream to its confluence with Patterson Creek

Botetourt County

Bacteria

Lapsley Run

9.01 miles

Lapsley Run from its confluence with the James River upstream to its headwaters

Botetourt County

Bacteria

James River

7.63 miles

James River from the confluence of the Jackson and Cowpasture Rivers downstream to the mouth of Stull Run

Botetourt County

Bacteria

Sinking Creek

6.42 miles

Sinking Creek mainstem from its mouth on the James River upstream to the Rt. 697 crossing

Botetourt County

Bacteria

Catawba Creek

13.46 miles

Catawba Creek from the confluence of Little Catawba Creek downstream to the Town of Fincastle publicly owned treatment works

Botetourt County

Bacteria

Catawba Creek

3.23 miles

Catawba Creek from Buchanan Branch downstream to the confluence with Little Catawba Creek

Botetourt County

Aquatic Life

How to comment and participate: The meetings of the TMDL process are open to the public and all interested parties are welcome. Written comments will be accepted through July 25, 2018, and should include the name, address, and telephone number of the person submitting the comments. For more information or to submit written comments, please contact Lucy Baker, Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, telephone (540) 562-6718, FAX (540) 562-6725, or email lucy.baker@deq.virginia.gov.

VIRGINIA WASTE MANAGEMENT BOARD AND STATE WATER CONTROL BOARD

Proposed Consent Order for W.E.L. Inc.

An enforcement action has been proposed for W.E.L. Inc. for violations in Concord, Roanoke, and Winchester, Virginia. The Virginia Waste Management Board and State Water Control Board propose to issue a special order by consent to W.E.L. Inc. to address noncompliance with the Virginia Waste Management Act, State Water Control Law, and regulations. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Kristen Sadtler will accept comments by email at kristen.sadtler@deq.virginia.gov or postal mail at Department of Environmental Quality, Central Office, P.O. Box 1105, Richmond, VA 23218, from September 3, 2018, to October 3, 2018.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor, Richmond, VA 23219; Telephone: (804) 698-1810; 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 https://commonwealthcalendar.virginia.gov.

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/documents
/cumultab.pdf
.

Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works 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.

ERRATA

MARINE RESOURCES COMMISSION

Title of Regulation: 4VAC20-430. Pertaining to the Marking and Minimum Mesh Size of Gill Nets.

Publication: 21:18 VA.R. 2373-2374 May 16, 2005

Correction to Final Regulation:

Page 2373, second column, 4VAC20-430-65, subsection B, after "Chincoteague" replace "(37° 56.0')" with "(37° 56.0' N)"

VA.R. Doc. No. R05-184; Filed August 22, 2018

STATE BOARD OF HEALTH

Title of Regulation: 12VAC5-481. Virginia Radiation Protection Regulations.

Publication: 32:12 VA.R. 1906-1924 February 8, 2016

Corrections to Final Regulation:

Page 1920, 12VAC5-481-451, first column, subdivision 9 a, after "business hours and" change "804-624-2400" to "804-674-2400"

Page 1920, 12VAC5-481-451, second column, subdivision 9 b, beginning of line 8, change "624-2400" to "674-2400"

VA.R. Doc. No. R16-4629; Filed August 16, 2018

BOARD OF HOUSING AND COMMUNITY DEVELOPMENT

Title of Regulation: 13VAC5-51. Virginia Statewide Fire Prevention Code.

Publication: 34:18 VA.R. 1617-1744 April 30, 2018

Corrections to Final Regulation:

Page 1632, 13VAC5-51-81 L 6, second column, line 5, after "explosives" replace "(unrestricted), blasting agents, and fireworks" with "(Restricted)"

Page 1632, 13VAC5-51-81, L 6, second column, line 6, after "permit" replace "$250" with "$20"

Page 1741, 13VAC5-51-154.7 C, after "Sections" replace "6505.1" with "6504.1"

VA.R. Doc. No. R16-4665; Filed August 16, 2018