GENERAL NOTICES
Vol. 26 Iss. 23 - July 19, 2010

GENERAL NOTICES/ERRATA

DEPARTMENT OF CONSERVATION AND RECREATION

Total Maximum Daily Load for Lewis Creek in Russell County and the Town of Honaker

The Virginia Department of Conservation and Recreation (DCR) seeks written and oral comments from interested persons on the development of an implementation plan (IP) for total maximum daily loads (TMDLs) to address the water quality impairment on Lewis Creek in Russell County and the Town of Honaker. This stream was identified as impaired due to a violation of Virginia's general standard for aquatic life and therefore does not support the aquatic life standard. The impaired segment is 4.84 miles in length and extends from the Lewis Creek and Stone Branch confluence downstream to the confluence with the Clinch River. The TMDL for Lewis Creek was completed and approved by EPA in 2004 and is available on the Department of Environmental Quality's (DEQ) website at http://www.deq.virginia.gov/tmdl.

Section 62.1-44.19.7 C of the Code of Virginia requires the development of an implementation plan for approved TMDLs. The plan should provide measurable goals and the date of expected achievement of water quality objectives. The plan should also include the corrective actions needed and their associated costs, benefits, and environmental impacts.

The final public meeting on the development of the implementation plan for the Lewis Creek impairment will be held on Thursday, July 22, 2010, from 6 p.m. to 8 p.m. at the Town of Honaker office. The purpose of the meeting is to discuss the proposed sediment reductions and to present the draft plan.

The public comment period for this phase of the IP development will end on August 23, 2010. Questions or information requests should be addressed to Martha Chapman. Written comments and inquires should include the name, address, and telephone number of the person submitting the comments and should be sent to Martha Chapman, Virginia Department of Conservation and Recreation, Abingdon Regional Office, 252 West Main Street, Suite 3, Abingdon, VA 24210, telephone (276) 676-5529, email martha.chapman@dcr.virginia.gov.

STATE CORPORATION COMMISSION

Bureau of Financial Institutions

AT RICHMOND, JUNE 22, 2010

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. BFI-2010-00144

Ex Parte: In re: annual assessment
of licensed money order sellers and
money transmitters

ORDER DIRECTING RESPONSE TO COMMENTS

On May 17, 2010, the State Corporation Commission ("Commission") entered an Order to Take Notice relative to certain revisions to Chapter 120 of Title 10 of the Virginia Administrative Code that have been proposed by the Bureau of Financial Institutions ("Bureau"). The Commission's Order to Take Notice directed persons desiring to comment upon or request a hearing relative to the proposed revisions to file such comments and/or requests for hearing, in writing, on or before June 18, 2010.

On June 18, 2010, the Commission received written comments from Randy Mersky on behalf of Global Express Money Orders, Inc. Mr. Mersky suggested that a hearing be held to consider the proposed revisions.

NOW THE COMMISSION, upon consideration of this matter, is of the opinion and finds that the comments filed by Mr. Mersky on June 18, 2010, should be considered and that it would be beneficial to receive a written response from the Bureau to Mr. Mersky's comments.

Accordingly, IT IS ORDERED THAT on or before June 28, 2010, the Bureau shall file a written response to the comments that were filed by Mr. Mersky in connection with this matter.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to the Commission's Office of General Counsel and to the Bureau of Financial Institutions.

DEPARTMENT OF CRIMINAL JUSTICE SERVICES

Changes to the Compulsory Minimum Training Standards for Entry Level Court Security Officer

The Committee on Training of the Criminal Justice Services Board has approved changes to the compulsory minimum training standards for entry level court security officer training as part of its annual review under 6VAC20-50-25. Copies of the changes may be obtained at: www.dcjs.virginia.gov/standardsTraining/compulsoryMinimumTraining/jail.cfm.

Contact Information: Judith Kirkendall, Office of Planning, Training and Research, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA telephone (804) 786-8003, FAX (804) 225-3853, or email judith.kirkendall@dcjs.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Consent Order for Dominion Campground, Inc.

An enforcement action has been proposed for Dominion Campground, Inc. for alleged violations in Spotsylvania County at the Dominion Campground Sewage Treatment Plant. The amended consent order describes a settlement to resolve permit effluent violations at the Dominion Campground Sewage Treatment Plant. A description of the proposed action is available at the Department of Environmental Quality (DEQ) office named below or online at www.deq.virginia.gov. Daniel Burstein will accept comments by email at daniel.burstein@deq.virginia.gov, FAX (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from July 20, 2010, to August 19, 2010.

Total Maximum Daily Load for Hunting Creek, Cameron Run, and Holmes Run

Announcement of a total maximum daily load (TMDL) study to restore water quality in the bacteria impaired waters of Hunting Creek, Cameron Run, and Holmes Run.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Virginia Department of Conservation and Recreation (DCR) announce a public meeting regarding the Hunting Creek, Cameron Run, and Holmes Run Bacteria TMDL Studies.

Public meeting: Thursday, July 29, 2010, 7 p.m., City of Alexandria, Charles E. Beatley Central Library, Main Community Room, 5005 Duke Street, Alexandria, VA 22304-2903.

Meeting description: This meeting is the third 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 Hunting Creek, Cameron Run, and Holmes Run have been identified as impaired on the Clean Water Act § 303(d) list for not supporting the primary contact recreation use due to elevated levels of E. coli bacteria. Virginia agencies are working to identify the sources of bacteria contamination in these stream segments. The Hunting Creek, Cameron Run, and Holmes Run watersheds are located within Arlington County, the City of Alexandria, the City of Falls Church, and Fairfax County. Below are descriptions of the impaired segments that will be addressed in this study:

Stream
Name

Impairments

Area

Upstream
 Limit

Downstream Limit

Hunting Creek

(Tidal)

Recreational use Impairment due to E. coli bacteria

0.53
square miles

Route 241 (Telegraph Road) Bridge Crossing

Confluence with the Potomac River

Cameron Run

(Non-Tidal)

Recreational use Impairment due to E. coli bacteria

2.08
miles

Confluence with Backlick Run

Route 241 (Telegraph Road) Bridge Crossing

Holmes Run

(Non-Tidal)

Recreational use Impairment due to E. coli bacteria

3.58
miles

Mouth of Lake Barcroft

Confluence with Backlick Run

During this study, DEQ will develop a 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 the draft TMDL report will extend from July 19, 2010, to August 18, 2010. 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, Virginia Department of Environmental Quality, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3804, email katie.conaway@deq.virginia.gov.

Proposed Consent Order for the Town of Monterey

An enforcement action has been proposed for the Town of Monterey for alleged violations in Highland County. A proposed consent order amendment describes a settlement to resolve certain consent order violations including effluent limitation violations and failure to complete the new plant upgrade in accord with the order at its sewage treatment plant. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Steven W. Hetrick will accept comments by email at steven.hetrick@deq.virginia.gov, FAX (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 July 19, 2010, to August 18, 2010.

STATE LOTTERY DEPARTMENT

Director's Orders

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on June 17, 2010, June 21, 2010, and June 29, 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 Fifty-Eight (10)

"On The Spot Awards" Virginia Lottery Retailer Incentive Program Rules (effective June 17, 2010)

Director's Order Number Fifty-Nine (10)

Virginia Lottery's "Redskins Legacy Sweepstakes" Final Rules for Game Operation (effective June 18, 2010)

Director's Order Number Sixty (10)

Virginia's Instant Game Lottery 1138; "Dreamin' of Dollar$" Final Rules for Game Operation (effective June 18, 2010)

Director's Order Number Sixty-One (10)

"Virginia Lottery's "Redskins Legacy Stay In The Game Sweepstakes" Final Rules for Game Operation (effective June 28, 2010)

DEPARTMENT OF MINES, MINERALS AND ENERGY

DMME Seeks Candidates to Serve as Arbitrators to Resolve Conflicting Claims for Coalbed Methane Gas Ownership

The Virginia Department of Mines, Minerals and Energy (DMME) is seeking qualified candidates to serve as arbitrators to administer a new program to resolve disputes over ownership of coalbed methane gas.

During its most recent session, the General Assembly passed House Bill 1344 creating a voluntary arbitration program to determine ownership of coalbed methane. That legislation establishes the qualifications individuals must possess in order to serve as an arbitrator.

In order to qualify, an individual must be an attorney licensed in the Commonwealth of Virginia with at least 10 years of experience in real estate law. Substantial expertise in mineral title examination is also required. Additionally, candidates will be required to certify that they have not derived more than 10% of their income during any of the preceding three years from any party to the arbitration, or their family members or other affiliated entities. Candidates shall also disclose to the board whether they have been engaged within the preceding three years by any person in matters under the Virginia Gas and Oil Act subject to the jurisdiction of the board or the department.

Circuit courts will use this list of qualified candidates maintained by DMME when appointing arbitrators to hear and resolve disputes regarding coalbed methane ownership.

More information concerning the process of selecting qualified arbitrators, including a form that potential candidates can complete online, is posted on DMME's website at www.dmme.virginia.gov. Questions may also be directed to Michael Skiffington, DMME Program Support Manager, at (804) 692-3212.

Contact Information: Michael Skiffington, Regulatory Coordinator, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219-3402, telephone (804) 692-3212, FAX (804) 692-3237, TDD (800) 828-1120, or email mike.skiffington@dmme.virginia.gov.

STATE BOARD OF SOCIAL SERVICES

Notices of Periodic Review

22VAC40-700, Child Protective Services Central Registry Information

22VAC40-720, Child Protective Services Release of Information to Family Advocacy Representatives of the United States Armed Forces

Pursuant to Executive Order Number 107 (2009), the Department of Social Services (DSS) is currently reviewing the regulations listed above to determine if they should be terminated, amended, or retained in their current form. The review will be guided by the principles listed in Executive Order Number 14 (2010) and in DSS's Plan for Review of Existing Agency Regulations.

DSS seeks public comment regarding the regulations' interference in private enterprise and life, essential need of the regulation, less burdensome and intrusive alternatives to the regulations, specific and measurable goals that the regulations are intended to achieve, and whether the regulations are clearly written and easily understandable.

Written comments may be submitted until August 9, 2010, to Mary Wilson, Child Protective Services Policy Specialist, Division of Family Services, Department of Social Services, 801 East Main Street, Richmond, VA 23219, or by facsimile to (804) 726-7499, or by email to mary.m.wilson@dss.virginia.gov.


STATE WATER CONTROL BOARD

Proposed Consent Special Order for the Town of Alberta

An enforcement action has been proposed for the Town of Alberta for alleged violations of the town's wastewater treatment plant in Alberta, Virginia. The State Water Control Board proposes to issue a consent special order to the Town of Alberta to address noncompliance with Virginia pollutant discharge elimination system (VPDES) regulations. A description of the proposed action is available at the Department of Environmental Quality (DEQ) office named below or online at www.deq.virginia.gov. Cynthia Akers will accept comments by email at e.cynthia.akers@deq.virginia.gov, FAX (804) 527-5106, or postal mail to Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060 from July 19, 2010, to August 20, 2010.

Proposed Special Order for Eagle Transport of Virginia, Inc.

An enforcement action has been proposed for Eagle Transport of Virginia, Inc. for violations in Bluefield, Virginia. The special order by consent describes a settlement for violations related to an oil discharge to groundwater and soils. A description of the proposed action is available at the Department of Environmental Quality (DEQ) office named below or online at www.deq.virginia.gov. Dallas R. Sizemore will accept comments by email at dallas.sizemore@deq.virginia.gov, FAX (276) 676-4899, or postal mail at Department of Environmental Quality, Southwest Regional Office, P.O. Box 1688, Abingdon, VA 24212, from July 19, 2010, to August 18, 2010. The office is located at 355 Deadmore Street, Abingdon, VA.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed

Beginning with Volume 26, Issue 1 of the Virginia Register of Regulations dated September 14, 2009, the Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed will no longer be published in the Virginia Register of Regulations. The cumulative table may be accessed on the Virginia Register Online webpage 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.

ERRATA

STATE BOARD OF EDUCATION

Title of Regulation: 8VAC20-40. Regulations Governing Educational Services for Gifted Students (amending 8VAC20-40-10, 8VAC20-40-20, 8VAC20-40-40, 8VAC20-40-60, 8VAC20-40-70; adding 8VAC20-40-55; repealing 8VAC20-40-30, 8VAC20-40-50).

Publication: 26:22 VA.R. 2598-2604 July 5, 2010.

Correction to Final Regulation:

Page 2598, column 2, Effective Date, change "August 4, 2010" to "July 21, 2010"

VA.R. Doc. No. R07-94; Filed July 6, 2010, 11:57 a.m.