Final environmental impact statement and the Virginia Coastal Resources Management Program

[From the U.S. Government Printing Office, www.gpo.gov]

Virginia Coastal Resources'
Management Program
Final Environmental Impact Statement

prepared by

Office of Ocean and Coastal Resource Management
National Oceanic and Atmospheric Administration
U.S. Department of Commerce
and
Council on the Environment
Commonwealth of Virginia

(On April 1, 1993, the Council on the Environment was consolidated
into the Virginia Department of Environmental Quality.)

Reprinted May 1994
Grant Number NA 270ZO312-01

V1 NIA AAW&
COASTAL RESOURCES
pq-
MANAGEMENT PROGRAM
RGI

'he Virginia Coastal Resources Management Program links state programs to manage coastal resources
'he program's coastal boundary includes the 29 counties and 15 cities within Tidewater Virginia. The
@rogram is coordinated and monitored by the Virginia Department of Environmental Quality.

UNITED STATES DEPARTMENT OF COMMERCE

FINAL ENVIRONMENTAL IMPACT STATEMENT

ANDTHE

VIRGINIA COASTAL RESOURCES MANAGEMENT PROGRAM

JULY 1985

Prepared by:

Office of Ocean and Coastal Resource Management
National Oceanic and Atmospheric Administration
U.S. Department of Commerce
1305 East West Highway
Silver Spring, Maryland 209 10

and

Commonwealth of Virginia Council on the Environment

(On April 1, 1993, the Council on the Environment was
consolidated into the Virginia Department of Environmental Quality.)

629 East Main Street
Richmond, Virginia 23219

The preparation of this publication was financed by the
Office of Ocean and Coastal Resource Management, NOAA.

This report was printed on recycledpaper.

L)E SI GNAT I ON: Final Env! onnqental Impact Statement

rITLE: Proposed Federal Approval of tne Virginia Coastal
Resources Management Program

ABSTRACT: The Commmonwealtn of Virginia has submitted its Coastal
Resources Management Program to the Jffice of Ocean and
Coastal Resource Management for approval. Approval would
al low program administrative grants to be awarded to the
Commonwealth and would require that Federal actions be
consistent with the program. This document includes a
copy of the pr.oyram wnicn is a comprehensive management
program for coastal land and water use activities. It
consists of numerous policies on diverse management issues
which are administered under existing Commonwealth laws and
is the culmination of several years of program development.
Virginia's coastal management program either promotes the
beneficial use of coastal resources, prevents their impairment,
or deals with major activities that substantially affect
numerous resources. The program will enhance decision-making
processes used for determining the appropriateness of actions
in the coastal area.

Approval and implementation of the program will enhance
governance of Commonwealth coastal land and water uses
according to the coastal policies and standards contained
in the existing statues, authorities and rules. Federal
alternatives to program approval include delaying or deny-
ing approval, if certain requirements of the Coastal Zone
Management Act have not been met. The Commonwealth could
modify parts of the program or withdraw their application
for Federal approval if either of'the above Federal alter-
natives results from circulation of this document.
A draft Environmental linpact Statement was prepared in mid
1985. The comment,period for the draft program and DEIS
ended in October 198b. This final program EIS is prepared
in response to comments received on the draft program EIS
in anticipating of Federal approval of the proposed Virginia
Coastal Resources Management Program.

APPLICANT: Commonwealth of Virginia, Council on the Environment

LEAD AGENCY: U.S. DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Office of Ocean and Coastal Resource Management

CONTACT: Joseph A. Uravitch
NOAA - U.S. Department of Commerce
Washington, D.C. 2U236
(202) 6 73-5136

NOTE TO REAJERS

rne Nationdl Environmental Policy Act (NEPA) of 1969 requi res tndt an
environmental impact statement be prepared as part of tne review and approval
process by Federal government agencies of major actions which significantly
affect tne quality of tne numan environment. It is tne general policy of the
Federal Office of Ocean and Coastal Resource Mangement (OCRM) to issue combined
environmental impact statements and program documents.,

Part I of this Final Environmental Impact Statement (FEIS) was prepared
by the office of Ocean and Coastal Resource Management and provides summary
information concerning the Virginia Coastal Resources Management Program (VCRMP)
including now the Commonwealth has addressed tnerequiremets of the Federal
Coastal Zone Management Act (FCZMA). Part 11 if the DEIS is a description of
the Commonwealth's Coastal Management Program and was prepared by the
Commonwealth of Virginia; it has been reviewed t)y the JCRM and is relied upon
as a description of tne proposed action for purposes of NEPA. Parts III
through V fulfill the remaining NEPA requirements for a HIS and were prepared
by the Jffice of Ocean and Coastal Resource Management with assistance from
the Lommonwealtn of Virginia. Part IV contains the comments received by the
OURM on the Draft EIS and program document and responses prepared by tne JCRM
and the Virginia Council on the Environinent.

The Federal action contemplated is approval of t-he Virginia Coastal
Resources Management Program under Section 3U6 of the Federal Coastal Zone
Management Act of i9/Z, as amended (CZMA). An immediate effect of approval
is the qualification of the Commonwealth for Federal matching of funds for
use in administering the projram. In addition, the CZMA provides a procedure
for the state to review Federal actions for consistency with its approved
coastal management program.

For purposes of reviewing this proposed action, the key questions are:

- whether the Virginia program is consistent with the object ions
and policies of the national legislation;

- whether the award of Federal funds under Section 306 of the Federal
Act will help Virginia to meet those objectives;

- whether Virginia's management authorities are adequate to implement
the program;

whether there wil I be a net environmental gain as a result of
program approval and implemention.

.0CRM has made a preliminary determination'that the answers to these
questions dre affirmative. UCRM wants the widest possible circulation
of this document to al 1 interested agencies and parties in order to
receive tne fullest expression of opinion on these questions. OCRM thanks
those participatinj in the review of the VCRMP and this FEIS.

The appendices were presented with the Uraft EIS and nave not been
been included in the final EIS. An errata sheet has been prepared for
the Appendices, and it is found dS the last page in this document. The
Compendium of comments received on the DEIS/VCRMP is located in Part IX
of this document.

Commonwealth of Virginia Coastal Resources Management Program
Final Environmental Impact Statement

Table of Contents

Part I overview

A. Summary of the Virginia Coastal Resource Management Program

B6. Changes of the Program Will Make

C. The Federal Coastal Zone Management Act

D. Cross Reference to Program Requirements

- How the Virginia Coastal Resources Management Program Meets
the Requirements of the Coastal Zone Management Act

Part II Description of the Virginia Coastal Resources Managment Program

Governor's Executive Order

Assistant Attorney General's Opinion

Preface

Introduction

Chapter I. Program overview

Chapter 11. Boundaries

Chapter 111. Core Regulatory Program

Chapter IV. Organizational Structure

Chapter V. Geographic Areas of Particular Concern

Chapter VI. Shorefront Access

Chapter VII. Energy Facility Planning

Chapter VIII. Shoreline Erosiun Mitigation

Chapter IX. Uses of Regional Benefit

Chapter X. Federal Consistency

Chapter XI. Public Participation

TABLE CONTENTS (CONTINUED)

Part III - Alternatives to the Proposed Action

Part IV - Description of the Affected Environment

Part V - Probable Impacts of the Proposed Action on the Environment

Part VI - Comments Received on the Draft Virginia Coastal Resource
Management Program and the JCRM/Commonwealth Responses.

Part VII - Distribution List

Part VIII - Document Preparers

Part IX - Compendium of Comments Received on the DEIS-VCRMP

Part X - Addendum
Errata Sheet
Virginia Code Sections

List of Figures

Figure Title Page

II-1 Virginia's CRM Program Management Area 11-2

II-2 Planning Districts II-3

IV-1 Organization of Virginia State Government - 1986 IV-11

VIII-1 Areas of Significant Shoreline Erosion VIII-2

List of Tables

Table Title Page

II-1 Federal Land Acreage in Virginia by Planning Districts II-6

II-2 Federal Land in Tidewater Virginia by Federal Agency II-7

IX-1 Facilities in Whicn There is a National Interest IX-5

IX-2 Early Federal Participation IX-7

IX-3 Federal Agencies Receiving Draft CRM Document
for Federal Scoping Review IX-8

GLOSSARY OF ABBREVIATIONS

ASMFC - Atlantic States Marine Fisheries Commission
BMP - Best Management Practice
CGIF - Commission of Game and Inland Fisheries
COE - Council on the Environment
DCHR - Department of Conservation and Historic Resources
DMME - Department of Mines, Minerals and Energy
DOH - Department of Health
UPR - Division of Parks and Recreation
EIS - Environmental Impact Statement
EPA - Environmental Protection Agency
FEMA - Federal Emergency Management Agency
FIA - Flood Insurance Administration
GAPC - Geographic Area of Particular Concern
L&WCF - Land and Water Conservation Funds
MAFMC - Mid-Atlantic Fisheries Management Council
MLW - Mean Low Water
MUTC - Minerals Other Than Coal
MRC - Marine Resources Commission
NEPA - National Environmental Policy Act
NPDES - National Pollutant Discharge Elimination System
PBCDC - Public Beach Conservation and Development Act
SAPCB - State Air Pollution Control Board
SCC - State Corporation Commission
SCORP - State Comprehensive Outdoor Recreation Plan
SEAS - Shoreline Erosion Advisory Services
SWCB - State Water Control Board
SWCC - Soil and Water Conservation Commission
VCRMP - Virginia's Coastal Resources Management Program
VIMS - Virginia Institute of Marine Science
VOP - Virginia Outdoors Plan
WMA - Wildlife Management Area

PART I: OVERVIEW

PART 1: OVERVIEW

A. SUMMARY OF THE VIR'GINIA COASTAL RESOURCES MANAGEMENT PROGRAM

The Commonwealth of Virginia has developed a Coastal Resources Management
Program describing current coastal legislation and management policies. The
Program proposes no new stAte programs, organizations, regulations, or laws.
It is based on an approach termed "networking," which is a framework and
process for linking existing Commonwealth programs, agencies, and laws into a
system that will meet Federal requirements for an effective Commonwealth
Coastal Resources Management Program.

Part II of this document describes the core regulatory programs and
legislation that are the basis of the Virginia Coastal Resources Management
Program (VCRMP). It also includes 25 statements, which set forth the goals
of coastal management in Virginia, and various policies embodied in statute
and regulations. This summary briefly defines the core programs and addresses
some key aspects, of the program, such as benefits of participation in the
Federal program, proposals for public access, energy facility planning
processes, and shoreline erosion mitigation planning.

Virginia's initial participation in the planning phase of the Federal
program ended in 1979 due to the failure of a comprehensive state coastal
zo'ne management bill to gain approval from the General Assembly. As a result,
the Commonwealth did not receive Federal approval of its management program.
Since that time several key elements of the 1979 bill have been enacted
separately -- the Primary Coastal Sand Dunes Act in 1980 and non-vegetated
wetlands statute in 1982. The Commonwealth also has adopted a set of coastal
management goals and a biennial process of review and evaluation of activities
which help achieve those goals. Having enhanced its management capability,
the Commonviealth has now decided to seek Federal approval of its program.

1. Core Regulatory Program

The central feature of Virginia's Coastal Resources Management Program is
a core of eight existing regulatory programs which ensure that critical land
and water uses are subject to regulation by the Commonwealth. Tne core
programs include:

0 Fisheries Management, administered by the Marine Resources
Commission and the Commission of Game and Inland Fisheries;

0 Subaqueous Lands Management, administered by the Marine
Resources Commission;

0 Wetlands Management, administered by the Marine Resources
Commission;

0 Ounes Management, administered by the Marine Resources
Commission;

0 Nonpoint Source Pollution Control, enforced by the Department
of Conservation and Historic Resources;

Point Source Pollution Control, implemented by the State
Water Control board;

Shoreline Sanitation, administered by the Department of Health;
and

0
Air Pollution Control, implemented by the Air Pollution Control
Board.

The above programs are summarized below.

a. Fisheries Management. A newly adopted fisheries management policy
administered by the Marine Resources Commission provides a comprehensive
approach and clear direction for wise use of these important resources. The
policy stresses the conservation and enhancement of finfish and shellfish
resources and the promotion of commercial and recreational fisheries to maximize
food production and recreational opportunities. The purpose is to achieve
maximum benefit and long-term use by present and future generations. With a
pol'icy established, pre-existing state laws provide the means for achieving
those policy directives through strict control of virtually all dctivities Which
involve the taKingof living resources from Virginia waters.

U. Subaqueous Lands Mana@ement. Subaqueous lands ddministered by the
Marine Resources Commission, includ-ing the Peds of bays, oceans, rivers,.streams
or 6reeks, are the property Of the Commonwealth unless conveyed by special grant.
The management policy for Such lands establishes conditions for granting or
denying permits for use based on t,he following considerations:

� the effect on other permissible uses of state waters and
bottomlands;

� the effect on marine and fisheries resources, wetlands,
and adjacent or nearby propertie s;

0 anticipated public and private benefits; and,

water quality standards established by the State Water
Control Board.

Statutes also prevent building, dumping, encroaching or otherwise tres-
passing upon the subaqueous lands of Virginia unless Such acts are authorized
under state law or permitted by the Marine Resources Commission (MRC). MRC has
adopted a specific set of guidelines that informs the general public of the
usual terms and conditions under which subaqueous activities are permitted in
state waters.

c . Wetlands Management. The wet lands management po I icy, a I so admin! stered
by the Marine Resources Commission, is aimed at preserving wetlands, preventin@
their destruction, and accommodating necessary economic development in a manner
consistent with wetlands preservation. It stems from the Wetlands Act of 1972
a-nd was strengthened by the passage of the non-vegetated wetlands statutes
adopted in 1982.

The Wetlands Act establishes a permit program and authorizes the
creation of Local Wetlands Boards to administer it. The local Wetlands Boards
review permit applications and make decisions, which may be reviewed by the
Marine Resources Commission, to ensure that standards of the Wetlands Act are
achieved. The Marine Resources Commission administers the Act in communities
which do not have Wetlands Boards. Thirty local governments have established
such Boards which oversee approximately 94% of non-state-owned wetlands.
The VIMS provides day-to-day technical and scientific advice to the local
wetlands boards.

d. Dunes Management. Dune protection is carried out pursuant to the
Coastal Pr-ii-na-F-y-9-and Dune Protection Act passed in 198U. It is intended to
prevent destruction of dunes, and "whenever practical to accommodate necessary
economic development in a manner consistent with the protection of such features."

Local Wetlands Boards may elect to undertake the responsibility of reviewing
proposed projects which may affect primary dunes. After review, the boards may
grant or deny permits to alter dunes in accordance with the policies of the Act.
As is the case with wetlands management, the Marine Resources Commission retains
oversight of the program and administers it in localities where. Wetlands boards
choose not to undertake this management.

e. No i t Source Pollution Control. The Commonwealth has recognized
the value o-f-its Chesapeake Bay trlbuta-rles@as important natural resources-,
and knows that erosion of soils increases the input of chemical nutrients and
sediments to the rivers and the Bay. This increase can adversely affect
finfish, shellfish, other aquatic life, recreation, commercial fisheries,. ,and
other Uses of the Chesapeake bay and its tributaries. Therefore, the State
has established and implemented an erosion and sediment control program to
conserve and protect these natural resources. This.program is administered
by the Department of Conservation and Historic Resources.

Under the Virginia Erosion and Sedident Control Law, the Department has
established minimum standards, guidelines and criteria for the effective
control of soil erosion and non-agricultur 'al runoff. Erosion control programs
are administered through local Soil and Water Conservation Districts, and
adhere to state guidelines. In addition, the Districts provide monies for
the control of nonpoint source pollutants from agricultural and urban areas
through the Best Management Practices Program, a voluntary state program.

f. Point Source Water Pollution Control. The State Water Control Board
is charged with the implementation of Virginia' s State Water Control Law. The
state accomplishes this task, in part, through the implementation of the National
Pollutant Discharge Elimination System (NPOES), Permit Program and the issuance
of No-Oischarge Certificates.

The NPDES permits are issued for al I djscnar@es into groundwaters and
surface waters. All discharges must meet.either EPA specifications or Virjinia's
Water Quality Standards, whichever are more stringent.

No-Discharye Certificates for facilities which contain Substances which
could cause polluti.on if accidentally released to state waters. These must
be obtained by anyone "who handles, stores, distributes, or produces" such
substances.

g. Shoreline Sanitation. The Viryi'nia State Department of Health has
responsibility for the safe and sanitary collection and disposal of sewage. The
board of Health regulates the installation of septic tanks', sets standards con-
cerniny soil types suitable for septic tanks, and specifies minimum distances
that tanKS may be placed from streams, rivers, and other waters.

h. Air Pollution. The State Air Pollution Control Board has the authority
to is.sue regulations governing air quality throughout the Commonwealth. Regula-
tions have been adopted to implement the *Commonwealth's policy to achieve health
and safety. The Board fulfills the Commonwealth's responsibilities under the
maintain such levels of air quality as will protect human health, welfare and
Federal Clean Air Act to provide a legally enforceable State Implementation
Plan for the attainment and maintenance of the National Ambient Air Quality
Standards.

2. Geographic Areas of Parti.cular Concern

The Virginia Coastal Resources Management Program.has designated some
areas where land and tidal water meet, to be worthy of special consideration
in any planning or management process. These special areas are identified as
"Geographic Areas of Particular Concern (GAPC)" and were developed through a
study of environmental functions and values of coastal resources, including a
review of coastal hazard areas. Three categories of GAPCs have been identified:
1) Natural Resource,Areas of Particular Concern; 2) Natural Hazard Area's of
Particular Concern; and 3) Waterfront Developrfient Areas of Particular Concern.

Natural Resource Areas of Particular Concern include those areas that
are vital to estuarine and marine ecosystems- or are of yreat importance to
areas immediately inland of the Shoreline. These areas include vegetated and
nonveyetated wetlands, spawning and nursery areas, coastal sand dunes, barrier
islands, and special wildlife management areas.

Natural Hazard Areas of Particular Concern include those areas vulnerable
to continuing and severe erosion, and areas susceptible to potential damage
from wind, tidal and storm-related events including flooding.

Virginia has numerous mechanisms for the preservation or restoration of
Geographic Areas of Particular Concern. Such areas receive special attention
from the state because of their conservation, recreational, ecological and
aesthetic values.

Finally, Waterfront Development Areas of Particular Concern have been
identified as improtant because of Virginia's limited number of areas suitable
for waterfront activities. This class of GAPC includes ports, commercial
fishing piers and community waterfronts.

3. Shorefront Access Planning

Recreational activities in coastal areas are dependent upon two types
of access: 1) access to the shoreline, and 2) access to the water. Planning
for Shorefront access under the Virginia Coastal Resources Management Program
is provided' by the existing planning process, the Virginia Outdoors Plan, and
is implemented through a grants-in-aid program administered by the Department
of Conservation and Historic Resources. The Department also manages state
parks, natural and wildlife areas, game refuges, and the Virginia Outdoors
Fund, a major source of money for the acquisition and development of recrea-
tional lands. Boat ramps for water access are provided by the Commission of
Game and Inland Fisheries, and each year two additional ramps are planned for
construction.

4. Energy Facility Planning Process

Based on established trends and projected growth, the major types of
energy that will be consumed in the state will be electricity and petroleum,
and the major type of energy that will be exported will be coal. Therefore,
Virginia's planning process focuses on facilities involved in the production
of electricity and petroleum, and in the export of coal.

The management program recognizes the importance of identifying energy
facilities IiKely to locate in and significantly affect Virginia's coastal zone
and assessing potential sites for such facilities. The Council on the Environ-
ment is developing an energy facility inventory system and preliminary facility
assessment process to address coastal energy facilities which have been formally
proposed and/or are under consideration. The Commonwealth also is involved
in environmental impact reviews developed in accordance with the National
Environmental Policy Act (NEPA) for energy facilities.

A state EIS is required for all state government projects costing $100,000 or
more. These assessments include the consideration of alternative sites.

The management policies,'authorities and techniques incorporated in the
main body of Virginia's coastal program serve to manage energy facilities and
their impacts.

b. Shoreline Erosion Mitigation Planning

The Coastal Resources Management Program addresses the need for continued
assistance to the private and public sectors in the form of erosion abatement
programs. The Shoreline Erosion Advisory Service (SEAS), established through
the Shore Erosion Control Act, assesses the effects of shoreline erosion and
provides technical assistance to property owners. The Public Beach Conservation
and Development Commission (PBCDC) determines which public beaches are suffering
from erosion, and provides monies to localities most in need of relief. With
SEAS providing technical advice for all shoreline areas other than public

beacnes, PBCOC providing tecnnical advice and iiiunies for public beaches,
and the Vir@jnia Institute of Marine Science providing tecnnical assistance,
advice, research.and training in all areas.of snoreline erosion, Virginia nas
a c omprene nsi ve ,continuing program for the identification, control and
mitigation of snoreline erosion.

6. CHANGES THE PROGRAM WILL MAKE

Existing Commonwealth authorities will be used to implement and enforce
tne Virginia Coastal Resources Management Program. Tne Program will result in
changes in the way coastal resources are managed in the Commonwealth by requiring
the Council on the Environment to monitor all state actions which could affect
cuastal resources, and to resolve all conflicts between state agency decisions
and the provisions of the Coastal Resources Management Program.

The Commonwealth's objective in developing a coastal resources inanag ement
program is to establish a comprehensive, coordinated approach for the protection,
preservation and orderly development of the Commonwealth's coastal resources.
The Virginia Coastal Resources Management Program incorporates three levels of
responsibiliti-es. Specific management activities, including the operation of
Virginia's core regulatury programs, are conducted by a variety of individual
agencies. This collection of individual activities, is tied together into a
comprehensive program or "network" which is directed by the Secretary of Ndtural
Resources. The Council on the Environment assists the Secretary by administering
the details of the Program and acting 'as "lead agency" for purposes of Federal
consistency and program enforcement and monitoring. The Program's goals and
policies also provide the framework for cooperative action among governmental
agencies to address coastal problems and resolve coastal policy questions.

The specific program goals a'nd policies mentioned above will assume
particular importance in Virginia as a result uf the Governor's Executive Order
which explicitly states that all State executive agencies must carry out
their legally established duties in a manner consistent with and supportive
of the Virginia Coastal Resources Management Program. The Executive Order
directs the staff of the Council on the Environment to monitor all Commonwed1th
actions which could affect coastal resources. Further, the Order states that
the Secretary of Natural Resources shall resolve all conflicts between
Commonwealth agency decisions and the Coastal Resources Management Program.
A process is provided for appealing decisions by the Secretary to the Governor.

The CZMA provides incentives and a national direction that cannot be
provided by the states alone in addressing coastal issues and problems.
The following are some additional anticipated affects of Federal program
approval:

0 Financial assistance to the Commonwealth to assure
adequate program implementation activities by Common-
wealth and local -entities; and

0 The use of the Federal consistency provision of the CZMA
to ensure that Federal activities, federally licensed
and permitted activities, Outer Continental Shelf (OCS)
plans, ana Federal assistance to Commonwealth and local
governments are consistent with the Virginia Coastal
Resources Management Program.

C. THE FEDERAL COASTAL ZONE MANAGEMENT ACT

In response to intense pressure on coastal resources, and because of the
importance of coastal areas of the United States, Congress passed the Coastal
Zone Management Act of 1972 (P.L. 92-583, as amended CCZMAJ, 16 USC 1451).
The Act authorizes a @ederal grant-in-aid Program to be administered by the
Secretary of Commerce, Who in turn delegated this responsibility to the
National Oceanic and Atmospheric Administration's (NOAA) Office of Ocean and
Coastal Resource Management (OCRM).

The CZMA was amended July 16, 1976 (P.L. 94-370) September 18, 1978
(P.L. 9!D-372), October 1, 198U (P.L. 96-464). and the Act and its amendments
affirm a national interest in the effective protection and careful development
of the coastal zone by providing assistance and encouragement to coastal states,
(and U.S. territories) to voluntarily develop and implement management programs
for their coastal areas. Financial assistance grants under Sections 305 for
.program development and 306 for program implementation were authorized by the
CZMA to provide coastal states and territories with the means for achieving
these obJectives.

Sections 30S, 3U6, and 307 of the CZMA and implementing regulations
published on March 28, 1979 (44 FR 18596) as codified at 15 CFR Part 923,
provide the requirements and procedures for state management program development
and Federal approval. In summary, the requirements for program approval are
that a state develop a management program that among other thin,@s:

a. ident.ifies and evaluates those coastal resources recognized in
the Act that require management or protection by the state or
territorial government;

b. re-examines existing policies or develops new policies to manage
these resources. These policies must be specific, com'prehensive,
and enforceable, and must provide an adequate degree of pre-
dictaoility as to how coastal resources will be managed;

c. determines specific uses and special geographic areas that are to
be subject to the management program, based on the nature of
identified coastal concerns. Uses and areas to be subject to
management should be based on resource capability and suitability
analyses and socio-economic considerations;

d. identifies the inland and seaward areas Subject to the management
program;

e. provides for the consideration of the national interest in the
planning for and siting of facilities that meet more than local
requirements; and

f . i nc I udes su f f i ci ent I egal aut no ri ti es and organi zat i o nal
structure to implement the program and to ensure conformance
to it.

In arri viny at these substantive aspects of the management program, states
are obliged to follow an open process Which involves provjdin@j information to
and considering the tnterests of the general public, interest groups, local
governments, and regional, state, interstate, and federal agencies.

Section 3U3 of the CZ14A provides guidance on specific national objectives
that warrant full consideration during the implementation of approved state
coastal management programs.

Section 305 of the CZMA authorizes a maximum of four annual grants to
develop a coastal management program. After its management program receives
federal approval, the state is then eligible for annual grants under Section 306
to implement its management program. If a program has deficiencies which
need to be remedied or has not received approval by the time Section 305
program development grants have expired, a state may continue development of
a federally approvable coastal management program using only state funding.
Federal funding assistance for program development under section 305 was
terminated by the 1980 CZMA amendments.

Section 3U6 of the CZMA requi-res states to devote increasing portions
(up to 30 percent) of their grant funds to activities leading' to significant
improvements in 'achieving national coastal management Objectives specified in
sections 3U3(2)(A) through (1). Section 3U6A of the CZMA also authorizes
the award of grants for preservation of important natural areas, public access
and urban development. Section 306(i) encourages states to inventory coastal
resources of national significance and develop standards to protect them.
Section 3U7 contains the Federal'consistency review provis .ions of th*e CZMA
to ensure that Federal actions are consistent with the state 's federally
approved management program. Paragraph (1) and (2) of section 30(c) require
that Federal activities and development projects in or directly affecting the
coastal zone be consistent to the maximum extent practicable with a federally
approved state management program. Subparagraphs (A) and (6) of section 307(c)
require that federally licensed and permitted activ*i,ties affecting the coastal
zone, which are described in detail in Outer Continental Shelf plans, also is
consistent with a federally approved state management programs. Section 307(d)
requires Federal assistance to state and local governments-for projects i
affecting the coastal zone to be consistent with a federally approved state
management program.

Section 3U8 of the CZMA contains provisions for grants and loans to
coastal states to enable them to plan for and respondto onshore impacts
resulting from coastal energy activities including grants to mitigate the
coastal impacts of coal transportation and alternative ocean energy activities.
To be eligible for assistance under Section 308, coastal states must be
receiving Section 305 or 306 grants, or, in the Secretary's view, be developing
a management program consistent 'With the policies and objectives contained in
Section 3U3 of the CZMA.

Section 3U9 allows the Secretary to maKe grants -to states to coordinate,
study, plan, and implement interstate coastal inanayement programs.

Section 312 directs tne Secretary to evaluate the performance of state
coastal management programs on a continuing basis.

Section 316 allthorizes grants to states to acquire lands for access to
beaches and other public coastal areas of environmental, recreational, historical,
aesthetic, ecological, or cultural value. It p-rovides for the acquisition of
islands for preservation, and for an estuarine sanctuary program to preserve a
representative series of undisturbed estuarine areas for long-term scientific
and educational purposes.

0. CROSS REFERENCE TO PROGRAM REQUIREMENTS

How the Virginia Coastal Resources Management Program Meets the Requirements of the Coastal Zone Management Act:

Sections of
Requirements Approval Regulations Program Document

Sec. 306(a), which includes the requirements of Sec. 305:,

305(b)(1): Boundaries . . . . . . . . . . . . . . .. 923.31 923.34 Ch. 11

305(b)(2): Uses subject to management . . . . . . . 923.11 Ch. III

3U5(b)(3): Areas of particular concern . . ... . . 923.21, 923.22 Ch. V

306(b)(4): Means of control . . . . . . . . . . . . 923.41 Ch. 111, IV

30b(b)(5): Guidelines on priorities of uses . . . . 923.21 Ch. V

305(b)(6): Organizational structure . . . ... . . . 923.46 Ch. IV, I

3U5(b)(7): Shorefront planning process . . . . . . 923.24 Ch. V1

305(b)(8): Energy facility planning process . . . . 923.13 Ch. VII

305(b)(9): Erosion planning process . . . . . . . . 923.25 Ch. VIII

Sec. 306(c), which includes:

3U6(c)(1): Notice; full participation; consistent
With Sec. 303 . . . . . . . . . . . . . 923.3, 923.51,
[email protected], 923.58 Ch. XI

306(c)(2)(A): Plan coordination . . . . . . . . . . 923.56 Ch. XI

306(c)(2)(6): Continuing consultation mechanisms 923.67 Ch. XI

3U6(c)(3): Public hearings . . . . . . . . . . . . 923.58 Ch. XI

3U6(c)(4): Gubernatorial review and approval . . . 923.48 Inside Cover

Sec. 306(c) Continued:

3U6(c) (5) : Designation of recipient agency . . . . 923.47 Ch. IV

306(c)(6): organization . . . . . . . . . . . . . . 923-46 Ch. IV

306(c)(7): Authorities . . . . . . . . . . . . . . 923.41 Ch. III, IV,

306(c)(8): Adequate consideration of national
interests . . . . . . . . . . . . . . . 923.52 Ch. VII, XI

.306(c)(9): Areas for preservation/ res to ration . . . 923.22 Ch. V

Sec. 306(d), which includes:

-306(d)(1): Administer regulations, control
development; resolve conflicts 923.41 Ch. III

306(d)(2): Powers of acquisition, if necessary 923.41 Ch. Vi

Sec. 306(e), which includes:

3U6(e)(1): Techniques of control . . . . . . . . .. 923.41 923.44 Ch. 111, IV

3U6(e)(2): Uses of regional benefit . . . ... . . . 923.12 Ch. IX

Sec. 307, Which includes:

307(b): Adequate consideration of Federal
agency views . . . . . . . . . . . . . . 923.51 Ch. XI

307(f): Incorporation of air and water
quality requirements . . . . . . . . . . 923.45 Ch. 111, 1

PART II DESCRIPTION OF THE VIRGINIA COASTAL RESOURCES
MANAGEMENT PROGRAM

FYI cc: WOLFF/CAREY/CRITCHFIELD
COMMONWEALTH of VIRGINIA
Office of the Govenor
Gerald L Baliles
govenor
richmond 23219
June 23, 1986
Mr. Paul Wolff
Assistant Administrator for
ocean Services
National Ocean Service
NOAA
G.S. Department of Commerce
Washington, D.C. 20230
Dear Mr. Wolff:
I am pleased to submit for your review and approval the Virginia Coastal Resources Management Program.
I have examined the Program, and as Governor, approve it. The public and officials from all levels of government have had an opportunity to review and comment on two drafts of the Program document. where appropriate, revisions have been made in response to comments offered during the course of those reviews.
The Program represents state policy as it applies to Virginia's coastal area, and, as Governor, I further certify that:
a) The Council on the Environment is lead agency for implementation of the Program;
b) The Council on the Environment Administrator is Program Manager for all matters relating to the Coastal Zone Management Act, and
c) The Commonwealth has the authorities and the organizational capability to implement the virginia Coastal Resources Management Program.
with kindest regards, I am
Sincerely,
Gerald L. Baliles

COMMONWEALTH of VIRCjINIA
Office of the Governor
Gerald L. Baliles
Governor Richmond 23219

EXECUTIVE ORDER NUMBER THIRTEEN (86)

ESTABLISHMENT OF VIRGINIA COASTAL RESOURCES MANAGEMENT PROGRAM

By virtue of the authority vested in me by the Constitution of Virginia
and Sections 2.1-39.1 and 2.1-41 .1 of the Code of Virginia, and subject to my
continuing and ultimate authority and responsibility to act in such matters, I
hereby establish the Virginia Coastal Resources Management Program. I hereby
direct all state agencies to carry out their legally established duties
consistently with this program and in a manner which promotes coordination
among those agencies in achieving its goals and objectives.

COASTAL RESOURCES POLICY

State.agencies having'responsibility for the Commonwealth's coastal
resources shall promote the Program consistently with the following goals and
objectives:

Prevention of Environmental Pollution and Protection of Public Health

1. To maintain, protect and improve the quality of coastal waters
suitable for the propagation of aquatic life and recreation involving
body contact.

2. To reduce non-point pollution, caused by inappropriate land uses and
inadequate land management practices, in tidal streams, estuaries,
embayments and coastal waters.

3. To reduce the potential for damage to coastal resources from toxic
and other hazardous materials through effective site selection and
planning as well as*improved containment and cleanup programs.

4. To prevent significant deteriuration of air quality.

5. To protect the public health from contan,':nated seafood.

Executive Order Number 13 (86)
Page 2

Prevention of Damage to Natural Resource Base

6. To protect ecologically significant tidal marshes from despoliation
or destruction.

7. To minimize damage tolthe productivity and diversity of the marine
environment resulting from alteration of subaqueous lands and aquatic
vegetation.

8. To minimize damage to the productivity and diversity of the marine
environment resulting from the disruption of finfish and shellfish
population balances.

9. To reduce the adverse effects of sedimentation on productive marine
systems.

10. To maintain areas of wildlife habitat and to preserve endangered
species of fish and-wildlife.

Protection of Public and Private Investment

11. To conserve coastal sand dune systems.

12. To reduce or prev6nt losses of property, tax base and public
facilities caused by shorefront erosion.

13. To minimize dangers to life and property from coastal flooding and
storms.

Promotion of Resources Development

14. To promote the wise use of coastal resources for the economic benefit
and employment of the citizens of the Commonwealth.

15. To protect and.maintain existing uses of estuarine waters for
shellfish propagation and marketing.

16. To encourage provision of commercial and industrial access to coastal
waters where essential'to desired economic activities.

17. To coordinate the Commonwealth's planning processes for major
project *s so as to facilitate consideration of alternative locations
for such facilities within the context of long-term development
patterns and implications.

18. To improve or maintain productive fisheries.

Executive Order Number 13 (86)
Page 3

19. To encourage expl-oration and production of outer continental shelf
energy reserves.

20. To provide for the extraction of mineral resources in a manner
consistent with proper environmental practices.

Promotion of Public Recreation Opportunities

21. To provide and increase.public recreational access to coastal waters
and shorefront lands.

Promotion of Efficient Government Operation

22. To provide a shoreline permitting procedure, administered at the
local level wherever possible, which-assures both adequate review and
mitigation of probable impacts as well as timely response to
applicants.

Provision of Technical Assistance and Information

23. To provide state and local governing officials and private citizens
with technical advice necessary to make wise decisions regarding-uses
of and impacts on coastal resources.

24. To conduct continuing educational programs in Coastal Resources
Management for local and state officials.

25. To maintain and improve base data, maps and photoimagery.supportive
of decision-makers' needs.

ENFORCEMENT

The following agencies shall have primary responsibility for implementing
the enforceable policies of the program:

Marine Resources Commission
Commission of Game and Inland Fisheries
Department of Conservation and Historic Resources
State Water Control Board
Department of Health
State Air Pollution Control Board
Council on the Environment

Executive Order Number 13 (86)
Page 4

In- additi.on, other agencies that conduct activities which may affect
coastal resources shall conduct such activities in a manner consistent with
and supportive of Virginia's Coastal Resources' Management Program. For
purposes of this Program, the Coastal Area shall mean Tidewater Virginia as
defined in Section 62.1-13.2(d) of the Code of Virginia.
a
The Administrator of the Council on the Environment (COE) shall monitor
all state actions which affect coastal resources. When, in the judgment of
the COE Administrator, a state agency or regulatory board or commission is
ready to act in a manner that appears to be inconsistent with the Program or
has established a pattern of actions that appears to be inconsistent with the
Program, the Administrator shall discuss the situation with the agency head to
determine if a consistency problem in fact exists.

If, after discussion, the agency head and the Administrator are in
disagreement about the existence of a consistency problem, the Administrator
will inform the Secretary of Natural Resources of the disagreement. The
Secretary shall then determine if a state consistency problem exists.

If the agency head and the Administrator agree that a consistency problem
exists, the agency head shall attempt its resolution. If the agency head
cannot resolve the. problem, the Administrator shall advise the Secretary that
a state consistency problem exists.

Upon notification of the existence of a consistency problem, the Secretary
shall review the problem, determine how it would. best be resolved, and effect
such resolution within the Secretariat of Natural Resources or consult with
other Cabinet offices to resolve consistency problems with agencies not within
that Secretariat. If the Secretary is unable to resolve the problem, he shall
report the problem to the Governor with recommendations for appropriate
action. The Governor shall have ultimate responsibility for resolving any
consistency problem which cannot be resolved by the agency head or by the
Secretary.

Any person having authority to resolve consistency problems under the
terms of this Executive Order shall resolve those problems in a manner which
furthers the goals and objectives of the Program as set forth above and in
accordance with existing state law, regulations and administrative procedures.

EFFECTIVE DATE

This Executive Order will become effective upon federal approval of the
Program and will remain in full force and effect until June 30, 1990, unless
superseded or rescinded by further executive order.

Executive Order Number 13 (86)
Page 5

Given nder my hand and under the Seal of the Commonwealth of Virginia on
this day of June, 1986.
LA.LA

Governor

Atte d:

the Commonwealth

Mary Sue Terry COMMONWEALTH of VIRGINIA R Claire Guthrie
@ttcrney General
Office of the A ttorney General @'man & Natural Pesources @-Slon
H. Lane Kneepler Gail Sta riing Marshall
ief Deruty Atl:,rney (3,@reral :@eputy Attorney General
Francs C. Lee May 30,.1986 Judical Aftairs Division
'@ounsel to the Attorney General Walter A. McFarlane
Deputy Attorney General
F.nance & Transportation Division

Stephen 0. Rosenthal
Deputy Attorney General
Mr. Keith J. Buttleman cir-nal Law Enforcerneril Division
Administrator, Council on the.Environment
Marian W. SChutrumpf
903 Ninth Street office Building Director of Aaminstration
Richmond, Virginia 23219

Re: Legal Authority to Manage Virginia's Proposed
Coastal Resources Management Program

Dear Keith:

You have asked that I evaluate the enforceability of
Virginia's coastal policies, and of the administrative procedures
necessary to network existing coastal policy enforcement authori-
ties to carry out the proposed Virginia Coastal Resources
Management. Program. This program designates certain uses of
Virginia's coastal resources for coordinated management under
authority contained in existing law. The regulations needed for
the administration of such statutes are already in place. The
first part of this letter will identify the Program's enforceable
coastal policies and the existing legal authority 'to enforce
those policies. The second part will address the networking of
these authorities to carry out the proposed Virginia Coastal
Resources Management Program. This letter reflects my
professional views and does not constitute an official opinion of
the Attorney General, which is not required in this situation.

The identified means of enforcing the State's coastal
policies provide for effective State control. In each case
enforcement by injunction is authorized. In each case the policy
and usually the execution is done at the State level or subject
to State.review. In many cases there are criminal penalties for
violation of the law, regulations, and permit or plan conditions.

VIRGINIA'S ENFORCEABLE COASTAL POLICIES

The uses subject to management identified by Virginia's
Coastal Resources Management Program are commercial fishing;
recreational fishing in freshwater tidal rivers; encroachments on
subaqueous lands; encroachments on wetlands; encroachments on
sand dunes; land disturbing activities needing erosion and
sediment control; actual or potential wastewater discharges;

Supreme Court Building - 101 North Eighth Street - Richmond, Virginia 23219 - 804-786-2071

Mr. Keith J. Buttleman
May 30, 1986
Page 2

control of septic and other on-site domestic waste systems; and
air pollution control. The enforceable policies for each use are
discussed below.

1. Commercial Fishing

Title 28.1 of the Code of Virginia gives the Marine Resources
Commission jurisdiction over all commercial fishing up to the
fall line of all tidal rivers and streams. Section 28.1-23 sets
the policy which is "to promote the general welfare of the
seafood industry and to conserve and promote the seafood and
marine resources of the State and it gives the marine
Resources Commission authority to make regulations including
regulations as to the taking of seafood. That same section makes
the violation of any such regulation a misdemeanor. See 9 7
below for the State Water Control Board's authority to protect
Virginia's water quality standards for all beneficial uses which
specifically include protection of all aquatic life.

2. Recreational Fishing in Tidal Freshwater Rivers

Section 29-13 sets forth the State's policy of protecting and
preserving all "fish in the inland waters ... which ... shall be
construed to mean and to include ... the brackish and freshwater
streams, creeks, bays, including Back Bay, inlets and ponds in-
the tidewater counties," and it gives the 'Commission of Game and
Inland Fisheries the power to enforce all laws to accomplish such
purposes. Sections 29-125 and 29-127 provide authority to adopt
regulations to control fishing; 5 29-129 provides that it shall
be a misdemeanor to violate a regulation of the Game Commission;
and S 29-51 requires fishing licenses. Section 29-129.1 provides
the power "to prescribe [by regulation] the seasons and ...
limits for fishing ... or otherwise taking fish...." Section 29-
130 provides authority to close or shorten a season when extreme
weather threatens the birds, animals or fish. Section 29-14
directs the Commission to "prosecute all persons who violate" the
fish and game laws.

3. Encroachment on Subaqueous Lands

Section 62.1-1 states the Commonwealth's subaqueous lands
policy:

All the beds of the bays, rivers, creeks and
the shores of the sea within the jurisdiction
of this Commonwealth, and not conveyed by
special grant or compact according to law,

Mr. Keith J. Buttleman
May 30, 1986
Page 3

shall continue and remain the property of the
Commonwealth of Virginia, and may be used as a
common by all the people of the State for the
purpose of fishing and fowling, and of taking
and' catching oysters and other shellfish,
subject to the provisions of Title 28.1, and
any future laws that may be passed by the
General Assembly.

Section 62.1-3 makes it unlawful "for anyone to build, dump or
otherwise trespass upon or over or encroach upon or take or use
any materials from the beds of the bays and oceans, rivers,
streams, creeks, which are the property of the Commonwealth
unless such act is pursuant to statutory authority or a permit
from the Marine Resources Commission." It gives the Marine
Resources Commission authority to issue permits for all
reasonable uses of state-owned bottom lands which are not
st@tutorily permitted. Such permits shall be in writing and
shall specify ' such conditions as the Commission deems
appropriate. It directs that the Commission be guided by S 1 of
Article XI of the Virginia Constitution and

consider, among other things, the effect of
the proposed project upon other reasonable and
permissible uses of State waters and St4te-
owned lands, its effect upon the marine and
fisheries resources of the Commonwealth, its
effect upon the wetlands of the Commonwealth,
except when its effect upon said wetlands has
been or will be determined under the provi-
sions of Chapter 2.1 (S 62.1-13.1 et seq.) of
this title and its effect upon a-73acent or
nearby properties, its anticipated public and
private benefits, and, in addition thereto,
the Commission shall give due consideration to
standards of water quality as established by
the State Water Control Board.

No permit for a marina or boat yard for com-
mercial use shall be granted unless the owner
or other applicant prior to issue presents a
plan for sewage treatment or disposal facili-
ties which is approved by the State Department
of Health. The Marine Resources Commission
shall consult with any State agency, including
the Virginia Institute of Marine Science, the
Water Control Board, the State Department of

Mr. Keith J. Buttleman
May 30, 1986
Page 4

Highways and Transportation and the State
Corporation Commission whenever the decision
of the Marine Resources Commission on an
application for a permit relates to or affects
the particular concerns or activities of other
State agencies....

Section 62.1-3.1 gives the Marine Resources Commission the
authority to go to court to seek an injunction against any act
which violates S 62.1-3 and gives the court authority to dir*ect
the guilty person or the Marine Resources Commission, "at the
cost of the person. found to have acted unlawfully, to remove,
tear down or otherwise take such steps as are necessary to pro-
n
tect and preserve the subject property of the Commonwealth.

4. Encroachments on Wetlands

Section 62.1-13.1 declares that Virginia's public policy is'
"to preserve the wetlands and to prevent their despoliation and
destruction and to accommodate necessary economic development in
a manner consistent with wetlands preservation." The Virginia
Wetlands Act, 62.1-13.1 et seq., authorizes local governments
to set up a wetlands b6-a-rd to issue permits for wetlands
development, 62.1-13.6, and to adopt the wetlands zoning
ordinance set forth in S 62.1-13.5. Section 62.1-13.3 provides
the-following standards for the use and development.of wetlands:

(1) Wetlands of primary ecological significance
shall- not be altered so that the ecological
systems in the wetlands are unreasonably dis-
turbed;

(2) Development in Tidewater Virginia, to the
maximum extent possible, shall be concentrated
in wetlands of lesser ecological significance,
in vegetated wetlands which have been irre-
versibly disturbed before July 1, 1972, in
nonvegetated wetlands as described herein
which have been irreversibly disturbed prior
to January 1, 1983, and in areas of Tidewater
Virginia apart from the wetlands.

Sections 62.1-13.5(4) and 62.1-13.9 prohibit the use or develop-
ment of any wetland without a permit except for those uses
specified in S 62.1-13.5(3).

if a locality does not elect to set up a wetlands board,

Mr. Keith J. Buttleman
May 30, 1986
Page 5

permits for wetlands development must be obtained from the Marine
Resources Commission, S 62.1-13.9. Under S5 62.1-13.10 and 62.1-
13.11(2) the Commissioner reviews all decisions of local wetlands
boards and notifies the Marine Resources Commission of any
decision which in his opinion should be re'viewed because he feels
it does not follow the policy, standards and guidelines. Section
62.1-13.13 empowers the Commission to modify, remand or reverse
the decision of a local wetlands board.

Section 62.1-13.16 gives the Commission "the power to prose-
cute all violations of any order, rule or regulation of the
Commission or of a wetlands board" or of the Wetlands Act.
Wetlands boards may prosecute violations of their orders or of
the wetlands zoning ordinance. Section 62.1-13.18 *makes the
violation of "any order,-rule or regulation of the Commission or
of a wetlands board ... for of] any provision of this chapter or
of a wetlands zoning ordinance '... or any provision of a permit
granted by a wetlands board or the Commissionn a misdemeanor.
Each day of violation following conviction is a separate
offense.' Section 62.1-13.18:1 provides injunctive relief for any
act unlawful under the Wetlands Act.

5. Coastal Primary Sand Dunes

Section 62.1-13.21 declares Virginia's public policy:

[I]n order to *reasonably protect the public
interest, promote public health, safety, the
general welfare of the Commonwealth, protect
private and public property from erosion and
flooding and protect wildlife and the natural
environment, it is declared to be the public
policy of the Commonwealth whenever reasonably
necessary to preserve and protect coastal
primary sand dunes and to prevent their
despoliation and destruction and whenever
practical to accommodate necessary economic
development in a manner consistent with the
protection of such features.

Section 62.1-13.23 provides that "[n]o permanent alteration of or
construction upon any coastal primary sand dune shall take place
which would: (i) impair the natural functions of the dune as
described herein; (ii) physically alter the contour of the dunes;
(iii) destroy vegetation growing thereon as defined herein unless
the wetlands board" or in its absence the Commission, determines
that there will be no significant adverse ecological impact, or

Mr. Keith J. Buttleman
May 30, 1986
Page 6

that the granting of a permit hereunder is clearly necessary and
consistent with the public interest considering all material
factors."

Section 62.1-13.25( 4) provides that "{alny person who desires
to use or alter any coastal primary sand dune, .... shall first
file an application with the wetlands board...." Section 62.1-
13.27 provides that the Sand Dune Act shall be enforced as
provided in 59 62.1-13.7 through 62.1-13.19 of the Wetlands
Act. This gives the Marine Resources Commission the same power
to modify, remand or reverse local sand dune decisions which it
has with respect to wetlands decisions.

6. Land Disturbing Activities Needing Erosion and Sediment
Control.

The Erosion and Sediment Control Law, S 21-89.1 et seq. ,
provides control over erosion and sedimentation caused by
development. Section 21-89.2 sets forth the Commonwealth's
policy of conserving and protecting the land, water, air and
other natural resources of the Commonwealth. Section 21-89.4
provides- that the Virginia Soil and Water Conservation Board
"shall establish minimum standards, guidelines and criteria for
the effective control of soil erosion, sediment deposition and
nonagricultural runoff which must be met in any control pro-
gram.." Section 21-89.5 requires either the local Soil and Water
Conservation District or the county, city or town, to adopt an
erosion and sediment control program which is consistent with the
state program and guidelines. Section 21-89.6 provides that
except for State plans filed with the Board and for agricultural
operations, "no person may engage in any land-disturbing activity
after the adoption of the conservation standards by the
districts, counties, cities or towns until he has submitted to
the district, county, city or town an erosion and sediment con-
trol plan for such land-disturbing activity and such plan has
been reviewed and approved by the plan-approving authority."

Section 21-89.7 provides that "no agency authorized under any
other law to issue grading, building, or other permits for
activities involving land-disturbing activities may issue any
such permits unless the applicant therefor submits with his
application the approved erosion and sediment control plan or
certification of such approved plan from the local plan-approving
authority or from the Board where appropriate, as well as
certification that such plan will be followed." Provision is
also made for requiring a reasonable performance bond.

Mr. Keith J. Buttleman
May 30, 1986
Page 7

Section 21-89.8 provides for the inspection of land-dis-
turbing activities to ensure compliance with the erosion and
sediment control plan. It provides that where the plan is not
being complied with, the permittee shall be notified and if he
fails to comply his permit is subject to revocation and he
becomes subject to the other penalties provided. To insure that
land-disturbing activities are controlled in accordance with the
State program, 5 21-89.11 provides that the Soil and Water
Conservation Board may sue in circuit court for an injunction
against a violation or threatened violation under 9 21-89.6
(having an approved plan before disturbing land) or S 21-89.8
(complying with the plan); that the Attorney General shall, upon
request of the Soil and Water Conservation Board, take appro-
priate legal action to enforce the provisions of the Erosion and
Sediment Control Law; and that a violation of such sections-is a
misdemeanor, punishable by a fine up to $1,000 and/or 30 days
imprisonment for each violation.

7. Actual or Potential Discharges of Waste Water Into
State Waters

Section 62.1-44.2 provides that

It is the policy of the. Commonwealth of
Virginia ... to: (1) protect existing 'high
quality State waters and restore all other
State waters to such condition of quality that
any such waters will permit all reasonable
public uses and will support the propagation
and growth of all 'aquatic life, including game
fish, which might reasonably be expected. to
inhabit them, (2) safeguard the clean waters of
the State from pollution, (3) prevent any
increase in pollution, (4) reduce existing
pollution, and (5) promote water resource
conservation, management and distribution, and
encourage water consumption reduction in order
to provide for the health, safety, and welfare
of the present and future citizens of the
Commonwealth.

Section 62.1-44.15 gives the State Water Control Board (the
Water Board) authority "to exercise general supervision and
control over the quality ... of all state waters...." Section
62.1-44.3 broadly defines "state waters" to mean wall water, on
the surface and under the ground, wholly or partially within or
bordering the State or within its jurisdiction .... Section

Mr. Keith J. Buttleman
May 30, 1986
Page 8

62.1-44.15(3) (a) gives the Water Board authority to set "such
standards of quality and policies for any state waters consistent
with the general policy set forth in this chapter ... and to take
all appropriate steps to prevent quality alteration contrary to
the public interest or to standards or policies thus
established."

Subsection 5 gives the Water Board authority "[tlo issue
certificates for the discharge of sewage, industrial wastes and
other wastes into or adjacent to or the alteration otherwise
the physical, chemical or biological properties of state waters
under prescribed conditions and to revoke or amend such certifi-
cates." Section 62.1-44.16(l) provides that "[a]ny owner who
erects, constructs, opens, reopens, expands or employs new pro-
cesses in or operates any establishment from which there is a
potential or actual discharge of industrial wastes or other
wastes to State waters shall first provide facilities approved by
the Board for the treatment or control of such industrial wastes
or other wastes."

Pursuant to its authority, the Water Board has adopted
Regulation 6 which requires that all discharges to state waters
must have a na 'tional pollution discharge elimination system
(NPDES) permit. All other operations involving wastes which will
not be discharged require a no-discharge certificate. Procedural
Rule #2 sets forth the procedures to be followed in connection
with securing a no-discharge certificate. Section 62.1-44.23
authorizes the Water Board to sue for an injunction against the
violation of "any rule, regulation, order, water quality
standard,"or ... provision of any certificate issued by the Board
or any provisions of the Water Control Law." Section 62.1-44.31
makes it unlawful not to comply wi'th a Water Board special order,
or to discharge sewage, industrial wastes or other wastes in
violation of a certificate. Section 62.1-44.32 provides civil
and criminal penalties for the violation of the Water Control Law
or of a special final order of the Board, or a final court order.

Section 62 1-44.33 gives the Water Board power to adopt rules
and regulations to control discharges from boats on all waters
within the State, but such regulation must not be more restric-
tive than federal regulations unless needed to limit or avoid the
closing of shellfish grounds. Violating such rules and regula-
tions is a misdemeanor. Every law-enforcement officer of the
State and its subdivisions has the authority to enforce such
rules and regulations. Additional provisions control and pro-
hibit the discharge of oil to state waters. Section 62.1-44.34:1
et seg.

Mr. Keith J. Buttleman
May 30, 1986
Page 9

8. Shoreline Sanitation Program

Section 32.1-2 gives the Commonwealth's policy to "provide a
comprehensive program of ... environmental health services ...
thereby improving the quality of life in the Commonwealth," and
directs the State Board of Health and the State Health Commis-
sioner to provide a comprehensive program to protect the public
health.

Unless shoreline domestic waste systems are properly super-
vised, they form a potential source of water pollution. Section
32.1-164 provides that the Board of Health

shall have supervision and control over the
safe and sanitary collection, conveyance,
transportation, treatment and disposal of
sewage, all sewerage systems and treatment
works as they affect the public health and
Yelfare .... B. The regulations of the Board
shall govern the collection, conveyance,
transportation, treatment and disposal of
sewage. Such regulations shall be designed to
protect the public health and promote the
public welfare and may include, without limi-
t6tion:

5. Standards specifying the minimum distance.
.betweem sewerage systems or treatment works
and: ...

8. A prohibition against the discharge of
untreated sewage onto land or into waters of
the Commonwealth.

9. A requirement that such residences,
buildings, structures and other places designed

Mr. Keith J. Buttleman
May 30, 1986
Page 10

for human occupancy as the Board may prescribe
be provided with a sewerage system or treatment
works.

Pursuant to its responsibilities, the Health Department
administers a program to inspect the shoreline adjacent to shell-
fish growing waters to detect failing septic systems.

Section 32.1-165 provides that "Inlo county, city, town or
employee thereof shall issue a permit for a building designed for
human occupancy without the prior written authorization of the
Commissioner or his agent." Section 32.1-246 provides that the
Board of Health "is empowered and directed to adopt and promul-
gate all necessary regulations establishing minimum requirements
for adequate sewerage facilities at marinas and other places
where boats are moored according to the number of boat slips and
persons such marinas and places are designed to accommodate.*

Section 32.1-12 provides that the Board of Health "may make,
adopt, promulgate and enforce such regulations and provide for
reasonable variances and exemptions therefrom as may be necessary
to carry out" the laws it administers. Section 32.1-26 autho-
rizes the Board to issue orders to require. any person to comply
with the laws and regulations it administers. Section 32.1-27
makes failure to comply with such orders or Any regulation a
misdemeanor. It also provides for relief by injunction, mandamus
or other appropriate remedy, and provides a civil penalty not to
exceed $10,000 for each violation.

9. Air Pollution Control.

Section 10-17.18(b) gives the Air Pollution Control Boatd
"the power to formulate,, adopt and promulgate, amend and repeal
rules and regulations abating, controlling and prohibiting air
pollution throughout the State or in such areas of the State as
shall be affected thereby ..... Section 10-17.10 defines "air
pollution" to mean "the presence in the outdoor atmosphere of one
or more substances which are or may be harmful or injurious to
human health, welfare o safety, to animal or plant life, or to
property, or which unreasonably interfere with the enjoyment by
the people of life or property." Section 10-17.18(d) gives the
Board the power to "enter orders diminishing or abating the
causes of air pollution and orders for the purpose of enforcement
of its rules and regulations... ; institute legal proceedings,
including suits for injunctions for the enforcement of its
orders, rules and regulations and the abatement and control of
air pollution and for the enforcement of penalties, all in

K7@ i th 7 . Butti-eman
3 0 , i 9 i", 6

accordai-ice with this chapter." 3ection 10-17.23 provides that
"any owner violating, failing, neglecting or refusing to obey any
rule, requia ti,)n or order of the Board may be compelled to obey
the same and comiDly therewith by Injunction, mandamus or other
appropriate remedy." It also provides for a civil penalty not to
exceed @25,000 for each violation, with each day of violation
constituting a separate offense.

Pursuant to its authority, the State Air Pollution Control
11oard has adopte.-3 regulations to control a.Jr pollution which,
FA,onq ot.ier things, meet the requirements of the Clean Air Act.

NETWORKING AND CONFLICT RESOLUTION

Each of the uses subject to management can be controlled by
the State agencies identified. Can administrative procedures be
developed which will network these authorities and provide the
conflict resolution mechanisms called for by 44 C.F.R.
923.43(c)?. The discussion above demonstrates that existing
authorities can be used to implement the full range of policies
and management purposes as required by 9 923.43(c)(1). Paragraph
(2) of subsection (c) requires that the State must bind each
party exercising statutory authority which.is part of the manage-
ment program to conform with the policies and management
techniques.

The policies are s'et forth in the, statutes and regulations
governing the vai:ious State agencies. What is needed is central
coordination, and a central statement of the Coastal Resources
Management program policies to provide a unified Coastal
R
I
esources 'Management Program. This can best be done 'through an
executive order. This would establish a substantial amount of
uniformity since the Governor appoints all of *the State agency
heads concerned with coastal resources except the Executive
oirector of the Comm'ission of Game and Inland Fisheries. Those
he appoints serve at his pleasure. Section 2.1-41.2. The
members of the Ccmmission of Game and Inland Fisheries elect
their own executive director, but the Governor still has effec-
tive control because S 29-4 permits the Governor to remove a
member from the Commission during his term. Section 2.1-43
authorizes the Governor to remove the members of any state board
or commission for failure to carry out a lawful directive, and
makes the Governor the sole judge of the sufficiency of the cause
for removal.

In order to see that the General Assembly's intent to use and'
protect Virginia's Coastal Resources is properly carried out, the

Mr. Keith J. Buttleman
May 30, 1986
Page 12

Governor will promulgate the Coastal Resources Management Program
pursuant to his responsibility under 5 2.1-41.1 "for the formula-
tion and administration of the policies of the executive branch,
including resolution of policy and administrative conflicts
between and among agencies." Section 2.1-39.1 authorizes the
Governor to delegate any of his powers to any cabinet
secretary. The proposed Executive Order delegates authority to
the Secretary of Natural Resources to resolve conflicts
concerning the Coastal Resources Management Program. If unable
to resolve a conflict, the Secretary of Natural Resources will
report it to the Governor with recommendations for any needed
action.

With kindest regards, I remain

Sincerely,

Frederick S. Fisher
Assistant Attorney General

63:53-c648

PREFACE

In 1979 Virginia's participation Lu the planning phase of the
.Lederal Coastal Zone Management Program came to an end. That phase
Of the state-federal. relationship ended because of the failure of a.
compreben&ive sLate coastal zone management bill to gain General
Assembly approval. The legislative gaps which would have been ad-
dressed by that bill finally prevented the development of a state
coastal resource management program that could have met the re-
quirements of the federal Coastal Zone Management Act. Conse-
quently, VirgLnia did not become eligible for further participation
and funding under the implementation phase of the program.

However, several key elements of that bill have since been
enacted separately. Dunes and non-vegetated wetlands statutes were
passed in 1980 and 1982 respectively. Also, in 1980, Vir 'ginia ad-
ministratively adopted. a set of coastal management goals and a pro-
cess to biennially review and evaluate activities which help
achieve tl)oso goalss. Arid in his firsf@ address to the. General As-
sembl@,7" M Govornor Robb endorsed strong management of Vir-
ginia's coa--tal resources as a priority of his administration.

On the basis of these state actions, the Federal Office of
Coastal Resources Management determined that Virginia was once
again "making satisfactory progress" toward a coastal management
program that would meet the criteria for approval under the fe'deral
Coastal Zone Management Act.

The Commonwealth has developed this state program,document to
qualify for the federal Coastal Zone Management Program for the
fol1cwing reasons:

(1) As a condition for receiving Coastal Energy Impact Pro-
gram (CEIP) Funds,

(2) To become eligible for CYM Program implementation funds;

(3) To increase the state's -@-Jiare of potential federal Outer
Continental Shelf (OCS) revenue-sbaring funds.

(4) To be able to take advantage of the "federal consi-s-
tency" element of the Coastal Zone Management Act (CZMA)
which requires that any federal activity which directly
affects, or any -federally permitted activity which af-
fe--ts the coastal zone, be consistent with a state's
federally approved coastal zone management program. This
federal consistency requirement, applies not only to fed-
eral facilities and federal permits but also to the crea-*
tion, modification and elimination of federal regulations
if they directly affect the coastal zone of Virginia (see
Chapter X).

(5) To supplement and improve its coastal resource manage-
ment program through the addition of these funds and the
Federal consistency mechanism.

The Commonwealth anticipates using these federal funds for a
number of types of activities. Any regulatory activity of the pro-
gram would be eligible, including associated research and moni--
toring activities. Physic.al development projects for federal fund-
ing could include, but not be limited to: public access; the man-
agement of GAPCs; and improvement or revitalization of waterfront
facilities, including urban waterfronts, commercial fishing ports
and docking facilities.

This Virginia Coastal Resources Management Program document
includes no new State programs, staff, organizations, regulations,
or laws except for an Executive Order. It is based on an approach
termed "networking" which provides a framework and process for
linking existing state programs, agencies, laws, etc., into a
system that the Commonwealth anticipates will meet Federal require-
ments for an effective State coastal zone management program. The
core regulatory programs described in the document augmented by the
executive order constitute the Virginia Coastal Resources Manage-
ment Program submitted to the Office of Ocean and Coastal Resources
Management (OCHM) for approval under the requirements of the
Federal Coastal Zone Management Act.

INTRODUCTION

The Commonwealth's commitment to maintaining a sound program
of coastal management stems from the unique importance of our
C02@@I,al @@_rea. Geo@uraphically, 29 percent of Virginia's land area
lies within Tidewater Virginia. Over 60 percent of our population
resides within the coastal area. The great wealth. of coastal re-
sources is derived from extensive estuarine waters, their fringing
shorelands, and the Chesapeake Bay and the access its natural har-
bors provide to the commercial centers of the world.

The Virginia shoreline along the four great tidal rivers
(Potomac, Rappahannock, York, James) and the Chesapeake Bay, into
which they drain, along with the Atlantic Ocean, totals approxi-
mately 5,000 miles in length. Approximately 250,000 acres of
tidal wetlands form the biological base of productive nursery and
spawning grounds, act as natural buffers against flooding and storm
dainage, and perform a role in water quality maintenance that has
only recently begun to be understood and appreciated.

The most productive seed oyster grounds in the United States
are found in the James River. Virginia's marine waters yield mil-
lions of dollars worth of finfish and shellfish annually (over $80
million in 1983). The land of Tidewater Virginia is relatively
level and fertile, ideally suited for agricultural and forest pro-
duction. Its rivers are natural highways for commerce, attracting
diverse industries to the port areas. And the natural beauty of
the land and water makes Tidewater Virginia one of the most pleas-
ant living environments in the United States.

The very features th.at make Virginia's coastal area so attrac-
tive, however, have resulted in competing, and sometimes con-
flicting, use of its resources. Although some reso 'urces axe renew-
able, overuse and.improper use can and has resulted in their deple-
tion or degradati6n. Careful stewardship of Tidewater's resources
is essential. An estuarine system is comprised of complex physi-
cal, chemical, and biological cycles and is highly susceptible to
damage. The transition area between shorelands and tidal waters is
an especially fragile ecosystem, the equilibrium of which is easily
upset by man's activities. Drain&ge from upland are-as i can have
particularly detrimental effects on the marine environment.

There has long been a recognition in Virginia that the im-
proper use of coastal resources risks destruction of a fragile en-
vironment, and possible loss of much of the State's economic base.
The conservation and wise use of Virginia's coastal resources is a
basic goal which stems from a widespread , concern for the future
well-being. of Virginians, and is reflected in Article XI of the
Virginia Constitution:

"To the end that the people have clean air, pure
water, and the use and enjoymciit for recreation of ade-
quate public lands, waters, and other natural resources,

it shall be the policy of the Commonwealth to conserve,
develop, and utilize its natural resources, its public
lands, and its historical sites and buildings. Further,
it shall be the Commonwealth's policy to protect its at-
mosphere, lands, and waters from pollution, impairment,
or destruction, for the benefit, enjoyment and general
welfare of the people of the Commonwealth."

Toward implementation of this mandate, the Virginia Environ-
mental Quality Act (�10-178) specifies that:

"In furtherance of Article XI of the Constitution of
Virginia and in-recognition of the vital need of citizens
of the Commonwealth to live in a healthful and pleasant
environment, it is hereby declared to be the policy of
the Commonwealth to promote the wise use of its air,
water, land and other natural resources and to protect
them from pollution, impairment or destruction so as to
improve the quality of its environment." .

With respect to coastal resources management, a variety of
statutes have been enacted, policies stated and governmental pro-
grams undertaken toward fulfilling these mandates. These various
responses have traditionally arisen as individual problems and
needs have become apparent and generally have not evolved or , de-
veloped as integral parts of a comprehensive management effort.
Although generally operating effectively for their individual pur-
poses, occasional overlaps, gaps or conflicts are inevitable. The
:Virginia Environmental Quality Act (�10-178) recognizes that-deal-
ing with such situations requires special emphasis by the State:

"It shall be the continuing policy of the government
of the Commonwealth -- in cooperation with"the federal
gover-nment, other state governments, local governments,
other public and private organizations, and individuals
-- to initiate, implement, improve, and coordinate envi-
ronmental plans, programs, and functions of the State in
order to promote the general welfare of the people of the
Commonwealth and fulfill the State's responsibility as
trustee of the environment for the present and future
generations."

.It is in direct response to this statutory mandate and the
overriding importance of our coastal resources base that the Com-
monwealth -has developed and will implement its Coastal Resources
Management Program.

The.Virginia Coastal Resources Management Program relies pri-
marily on a core of eight regulatory programs. It ties these and
other state activities which contribute to the management of coast-
al resources into a network coordinated by the Secretary of Natural
Resources, with ultimate executive oversight by the Governor.

CHAPTER I

OVERVIEW

A Goals

B. Activities

1. General

2. Core Regulatory Programs

a. Fisheries Management
b. Subaqueous Lands Management
C. Wetlands Management
d. Dunes Management
e. Nonpoint Source Pollution Control
f. Point Source Water Pollution Control
9. Shoreline Sanitation
h. Air Pollution Control

3. Geographic Areas of Particular Concern

a. Coastal Natural Resource Areas of Particular
Concern

(1) Wetlands
(2) Spawning, Nursery and Feeding Grounds
(3) Coastal Primary Sand Dunes
(4) Barrier Islands
(5) Significant Wildlife Habitat Areas
(6) Significant Public Recreation Areas
(7) Significant Mineral Resource Deposits
(8) Underwater Historic Sites

b. Coastal Natural Hazard Areas of Particular Concern

(1) Highly Erodible Areas
(2) Coastal High Hazard Areas

C. Waterfront Development Areas

C. Coordination and Oversight

CHAPTER I

OVERVIEW

Virginia's Coastal tiesources Management Program (VCRMP) con-
sists of three basic elements. These are:

1) GOALS AND POLICIES - a set of 25 statements which set
forth the goals of coastal management in Virginia and
various. policies embodied in statute and regulation;

2) ACTIVITIES - those activities and programs undertaken
by state agencies, local governments and regional plan-
ning district commissions, which, directly or indirectly,
affect coastal resources and thus serve, in varying de-
grees, to accomplish the goals of coastal resources man-
agement; and

3) COORDINATION AND OVERSIGHT - the executive manage-
ment, policy direction, conflict resolution, and admini-
stration which directs the individual activities toward
goals and policies of the VCRMP and keeps the overall
programs running.

A. GOALS'

The Commonwealth has established a set of twenty-five goals,
whicn set forth a policy framework within which Virginia's network
of regulatory and other programs will opera.te when coastal re '-
sources are involved. These goals have evolved from the Governor's
Guidance Package: Areas of -Emphasis for 1982-84 Biennium Budget,
and from an earlier four-year coastal resources management planning
program. [NOTE: These goals are intended to provide general
guidance to agencies undertaking activities which affect Virginia's
coastal resources. They should apply in cases where agencies are
allowed discretion in the operation, of programs or in individual
decisions and where these goals are not inconsistent with statutory
or regulatory policies. These goals are not intended to be "en-
forceable policies" as required in 15 CFR 923.11.]

Prevention of Environmental Pollution
and Protection oT -Public Health

1. To maintain, protect and improve the quality of coastal
waters suitable for the propagation of aquatic life and rec-
reation involving body contact.

1-1

2. To reduce non-point pollution in tidal streams, estu-
aries, embayments and coastal waters caused by inappropriaie
land uses and ina.dequate land management practices.

3. To reduce the potential for aamage to coastal resources
from toxic and other bazardbus materials through effective
site selection and planning as well as improved containment
and cleanup programs.

4. To prevent significant deterioration of air quality.

5. . To protect the public health from contaminated seafood.

Prevention of Uamage to Natural Resource Base

6. To protect ecologically significant tidal marshes from
despoilation or destruction.

7. To minimize damage to the productivity and diversity of
the marine environment resulting from alteration of sub-
aqueous lands and aquatic vegetation.

8. To-minimize damage to the productivity and diversity of
the marine environment resulting from the disruption of fin-
fish and shellfish population balances.

9. To reduce the adverse effects' of sedimentation on produc-'
tive marine systems.

10. To maintain areas of wildl.ife habitat and to preserve en-:
dangered species of fish and wildlife.

Protection of Public and Private Investment'

11. To conserve coastal sand dune systems.

12. To reduce or prevent losses of pro"perty, tax base and
public facilities caused by shorefront erosion.

13. To minimize dangers to life and property. from coastal
flooding and storms.

Promotion of Resources Development

14. To promote the wise use of coastal resources for the eco-
nomic benefit and employment of our citizens.

1-2

15. To protect and maintain existing uses of estuarine waters
for shellfish propogation and marketing.

16. To encourage provision of commercial and industrial ac-
cess to coastal waters where essential to desired economic
activities.

17. To coordinate State planning processes for major projects
so as to facilitate consideration of alternative locations for
such facilities within the context of long-term development
patterns and implications.

18. To improve or maintain productive fisheries.

19. To encourage exploration and production of outer con-
tinental shelf energy reserves.

20. To provide for the extraction of mineral resources in a
manner consistent with proper environmental practices.

Promotion of Public Recreation,Opportunities

21. To provide and increase public recreational access to
coastal waters and shorefront lands.

Promotion of Efficient Government Operation

22. To provide a shoreline permitting procedure which as-
sures both adequate review and mitigation of probable impacts
as well as timely re9ponse to applicants, administered at the
local level wherever possible.

Provision of Technical Assistance and Information

23. To provide state and local governing officials and pri-
vate citizens with technical advice necessary to make wise
decisions regarding uses of and impacts on coastal resources.

24. . To conduct continuing educational programs in Coastal.
Resources Management for local and state officials.

25. To maintain and improve base data, maps and photo-
imagery supportive of decision-makers' needs.

B. ACTIVITIES

1. General

Coastal resources management is not new to Virginia. Vir-
ginians have long recognized the importance of the land and water
resources which are the basis for the State's unique coastal heri-
tage and they have taken many initiatives over the years to pro-
mote the wise use and protection of those resources. Much of the

1-3

population of the state lives and works along the coastal water-
ways, wnich serve as avenues of commerce and which provide -nursery
grounds for Virginia's fisheries as well as recreation areas for
its citizens. The' Commonwealth has long regulated its fisheries
and controlled encroachments - into submerged public lands. The
Marine Resources Commission has managed -Virginia's extensive coin-
mercial fisheries si.i.'ice before the turn of the century. With the.
enactment of the Wetlands Act in 1972, the Commission's authority
was expanded to include the permitting of development in vegetated
wetlands. Recent amendments have further extended that authority
to protect coastal primary sand dunes and non-vegetated wetlands.

In all, over 20 state agencies as well as many localities, un-
der the authorization of numerous state laws, conduct numerous
activities which contribute to the management of Virginia's coastal
resources. These activities are listed in Appendix I-1. While
these activities form the basis for Virginia's Coastal Resources
Management Program, and all contribute to accomplishing the goals
of coastal management to varying degrees, there are certain activi-
ties or sets of activities which can be identified as making key
contributions in a number of areas. These are discussed below.

2. Core Regulatory Programs

The neart of Virginia's Coastal Resources Management Program
is a core of eight regulatory programs through which.critical land
and water uses and activities are subject to the control of the-
state. These are listed below, by geographic area. The "enforce-
able policies" necessary to manage the land and water uses listed
below are thos"e contained in the state and federal statutes, and
agency regulations adopted pursuant to them, which @pply to the
operation of these core regulatory programs. All are incorporated
into Virginia's coastal management program.

State law provides for the strict control of virtually all
uses and activities which involve the taking of living resources
from or encroachment into the water portion of the Virginia's
coastal area; for complete control of Virginia's entire tidal
shoreline through strict local regulation, with state overview, of
all encroachments onto tidal wetlands and coastal dunes; and for
the regulation of selected significant uses and activities in up-
land areas along Virginia's shoreline.

a. Fisheries Management - Regulatory Authority Over
Commercial and Recreational Fishing -- Marine Re-
sources Commission (MRC); Commission of Game and In-
land Fisheries (CGIF).

b. Subaqueous Lands Management - Regulatory Authority
Uver All EncroachRients In, On, or Over State-Owned
Subaqueous Lands Marine Resources Commission
(MRC).

1-4

C. Wetlands Management - Regulatory Authority-Over
All Encroachments Into Vegetated and.Non-Vegetated
Wetlands -- Marine Resources Commission (MRC).

d. Dunes Management - Regulatory Authority Over All
Encroachments Into Coastal Primary Sand Dunes
Marine Resources Commission (MRC).

e. Nonpoint Source Pollution Control - Regulatory
Authority Over Erosion and Sedimentation From Non-
Agricultural Upland Land Disturbing Activities --
Department of Conservation and Historic Resources
(DCHR).

f. Point Source Water Pollution Control - Regulatory
Authority Over Existing, Planned or Potential -Dis-
charges to State Waters -- State Water Control Board
(SWCB).

.9- Shoreline Sanitation - Regulatory Authority Over
Shoreline Use of Septic or Other On-Site Domestic
Waste Systems --@- State Department of Health (DOH).

h. Air Pollution Control -- Regulatory Authority Over
Emissions Affecting Air Qual-ity. -- State Air
Pollution Control Board (SAPC'B)

3-. Geographic Areas of Particular Concern

Virginia's Coastal Resources Management Program gives special
attention to the management of special areas.-- areas which contain
particularly important resources or in which natural conditions
pose particular threats to man and his investments. Virginia's
program (Chapter V of this document) identifies eleven categories
of Geographic Areas of Particular Concern (GAPC) and describes the
special management treatment afforded them under law and regula-
tion.

1-5

a. Coastal Natural Resource Area's of Particular Concern

(1) Wetlands

(Protected under Virginia Wetlands Act by
state regulation or local regulation with
Marine Resources Commission (MRC) oversight.
See Core Regulatory Program)

(2) Spawning, Nursery and Fqeding Grounds

- James River Oyster Seed Beds
- Public Oyster Grounds
- Blue Crab Sanctuary
- Striped Bass Spawning Sanctuaries
Protected under special regulations of the
'Virginia Marine Resources Commission and
selected state statutes.

(3) Coastal Primary Sand Dunes

Protected under Coastal Primary Sand Dune Pro-,
tection Act --- see Core Regulatory Program.

(4) Islands

Protected under a variety of state, federal and
private conservation organization ownerships.

(5) Significant Wildlife Habitat Areas

Ten areas protected and managed as Wildlife
Management Areas by Commission of Game and
Inland Fisheries.

(6) Significant Public Recreation Areas

Fourteen areas owned and managed by Division of
State Parks and Recreation -- ongoing planning
through Virginia Outdoors Plan -- acquisition
may-be by condemnation.

(7) Significant Mineral Resource De208114

Extraction activities regulated under Minerals
Other Than Coal Surface Mining Law administered
by Department of Conservation and Economic
Development.

1-6

b. Coastal Natural Hazard Areas of Particular Concern

(1) Highly Erodible Areas

Technical assistance to private owners through
Shoreline Erosion Advisory Service under Shore-
line Erosion Control Act -- financial assist-
ance to local governments under Public Beach
Conservation and Development Act.

(2) Coastal High Hazard Areas

Development in floodplains and coastal high
hazard areas restricted by Uniform Statewide
Building Code and through local zoning -- en-
couraged under Virginia Flood Damage Reduction
Act.

C. Waterfront Development Areas

Availability of pass-through CZM funds to localities
which ask for GAPC designation of waterfront areas and
which develop special management programs for those,
areas.

C. COORDINATION AND OVERSIGHT

Coastal management is a mix of three different levels of re-
sponsibilities. Individual management activities, including the
operation of Virginia's core regulatory programs, are conducted by
a variety of individual agencies. This collection of individual
activities is tied together into a comprehensive program or "net-
work" by the overview, direction and coordination supplied by the
Secretary of Natural hesources. The Council on the Environment
assists the Secretary by administering the details of the program
and acting as "lead agency" for purposes of program management,
monitoring and reporting and grant management.

1-7

CHAPTER II

BOUNDARIES

A. Inland Boundary

B. Seaward Boundary

C. Boundaries at the Edges

D. Boundaries of Federal Lands

E. Interstate Boundaries

CHAPTER II

BOUNDARIES

A. INLAND BOUNDARY

One of the more important considerations in the development
of Virginia's Coastal Resources Management Program is the delinea-
tion of, those areas within which provisions in the plan will
apply. For purposes of this program, the coastal area of Vir-
ginia's Management Area shall be defined to include all counties
which border upon tidal waters: 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, Spot-
sylvania, Stafford, Surry, Westmoreland, and York; and the cities
of Alexandria, Chesapeake, Colonial Heights, Fredericksburg,
Hampton, Hopewell, Newport News, Norfolk, Petersburg, Portsmouth,
Poquoson, Richmond, Suffolk, Virginia Beach, and Williamsburg
(Figure II-1). This coastal management area thus embraces all of
Tidewater Virginia as defined in 562.1-13.2 of the C-ode of Vir-
ginia. Figure 11-2 indicates the jurisdictions of the local plan-
ning districts in the coastal management area.

Tidewater Virginia is a clear and exact legal description un-
der Virginia law sufficient to permit a determination whether pro-
perty or an activity is located within the management area and in-
cludes the following areas required by regulation:

(1), Those areas the management of which are necessary to con-
trol uses which have direct and significant impacts on coastal
waters;

(2) Areas of Particular Concern;

(3) Waters under Saline Influence;

(4) Salt Marshes and Wetlands;

(5) Beaches;

(6) Transition and Intertidal Areas; and

(7) Islands.

B. SEAWARD BOUNDARY

The seaward limit of the Virginia Coastal boundary is the
three-mile outer limit of the United States territorial sea.

II-1

FICURE 11-1
VIRGINIA'S CRM PROGRAN,11 MiANAGEMENIT AREA

A Jq'ir A X
liii@

SYAFVORD

GEORGIE
KING

C A it 0 L I Is Lr I,

0 V

c I oe

"IEW KIE $t. e

Jr. L.JD
@HAPLZS CITY

0'r
)"r4c
J. lp
Pal m c E C9
GEORCE
3 u a Illv

4,
F-L
1@ rA

H-2

FIGURE 11-2

PLANNING DISTRICTS

SLENOWISCO I
COMBERLA 0 PLMEA 2
aq4l ROGERS 2
Ne" R VA LEY A
11ITM PLANNYVE1
INa OIS1 RICI 6
CENTRAL S*sSUANDOAH
LORD FAIRFAX I wc.,
WOOTHEAN Vkl)@MIA 6 f 8 r
AAPIAMANNOC. TWIDA
HOMAS JEFFERSON 10
CFNTAAL,,Vk%OlMA 11
WES1 'EDMO T 12
Sour"Sl'I'A 13
I
ON
9""M
WCHMOUD AEGOONAL 15 0 6 c
9.010 1$
NOR ff4f%ll %IC K 17
f
DOLS. PEW SULA 19 ro e
Af
CRAIERPL4 N-G
9szll'o
0
SOUTi ASTER14 I's A 2
PtN)N$Lii A 21
@OMAC, No ATHAM@so% 42

4%
22

.......... ......

...... 21

r I c x k 0 1 0
S Is S 5 f

@44 Itt-
13
49-
@'2 21

r r W.-

C. BOUNDARIES AT THE EDGES

The mean low water (MLW) line marks the seaward limit of pri-
vate property ownership in Virginia. However, pursuant to the Vir-
ginia Wetlands Act of 1972 as amended ownership of the shorelLne
does not entitle one to make alterations along the shoreline, un-
less these alterations are statutorily allowed, or unless one ob-
tains a permit through the Marine Resources Commission. The upper
limits of vegetated wetlands have been established in Virginia by
the Virginia Wetlands Act of 1972 which, 'in addition to a biolog-
ical definition, establishes an elevation equal to 1.5 times the
mean tide range measured above mean low water at a site. The mean
tide range is the difference in elevation between mean lower water
and mean high water. In 1982 nonvegetated wetlands were included
within the regulatory program afforded by the Wetlands Act. Non-
vegetated wetlands were defined to include all lands between mean
low water and mean high water not included in the definition of
vegetated wetlands. Thus, though-private individuals may own in-
tertidal shorelines, they may riot make significant alterations in
them without a permit.

D. BOUNDARIES OF FEDERAL LANDS

Pursuant to �304(l) of the CZMA, excluded -from the coastal
area are those lands the use of which is by law subject solely to
the discretion of or which is held in trust by the federal govern-
.ment, its officers or agents..

Sizable land areas are therefore excluded from Virginia's
coastal area and management by virtue of federal ownership and/or
jurisdiction. Indeed, one of the largest single users of land in
Tidewater Virginia is the federal government. Maps and charts de-
picting federal lands have been developed with the cooperation of
federal agencies which hold land in Tidewater. From these indivi-
dual agency maps, Table II-1 and 11-2 indicating total federal
holdings have been compiled. A catalog of all federal holdings is
found in Appendix II-1.

E. INTERSTATE BOUNDARIES

Interstate (lateral) boundaries -determining the extent of ad-
jacent state sovereignty in coastal waters have been established by
compact and approved by Congress. They are defined in the Code of
Virginia as follows:

11-4

'17.1-4.1. Boundary line between Virginia and North
Carolina eastward from low-water mark of Atlantic Ocean.
--The Boundary line between Virginia and North Carolina
eastward from the low-water mark of the Atlantic Ocean
shall be and hereby is a line beginning at the inter-
section with the low-water mark of the Atlantic Ocean
and the existing North Carol ina-Virginia boundary line;
thence due east to the seaward jurisdictional limit of
Virginia; such boundary line to be extended on the true
ninety degree bearing as far as a need for further de-
limitation may arise;

S7.1-7.1. Boundary line between Virginia and Maryland
eastward from Assateague Island. --The boundary line
between Maryland and Virginia eastward from Assateague
Island shall be, and hereby is, established and de-
scribed as follows: Beginning at a point on the
Maryland-Virginia line located on Assateague Island
designated as station "Pope Island Life Saving Station
(1907)" defined by latitude 38-01' 36.93", and longitude
75914'47.105"; thence due east (true) to the Maryland-
Virginia jurisdictional limit."

Thus, Maryland owns most of the Potomac River below mean low
water, except for numerous embayments on the Virginia side of the
river.

Initial contacts have been made with Maryland and North
Carolina on the questions of interstate boundaries so that any is-
sue relating to compatible management of common resources and in-
compatible uses occurring at the juncture of state boundaries may
be identified and resolved.

11-5

TABLE II-I

Federal Land Acreage in Virginia by Planning District

District Total Area Federal Acres Percent

8 .508,2781 74,190.32 14.60
15 1,015,5522 5,238.22 .50

16 899,392 120,595.56 13.40

17 477,120 406.52 .08

18 827,584 956.31 .11
19 373,7093 8,378..08 .2.20
20 898,8804 91,0 93.66. 10.10

21 292,361 41,673.64 14.70

22, 445,504 19,918.07 4.50

5,738,380 362,456.38

IDoes not inclu -de Loudoun County
2Does not include Goochland and Powhatan
31)oes not include Dinwiadie, Greenville, and Sussex Counties
and Emporia City
4uoes not include Franklin.City and Southampton County

11-6

TABLE 11-2

Federal Land in Tidewater Virginia by Federal Agencyl

Agency Acres

U. S. Army 113,685.96

U. S. Navy 108,418.43

Department of Interior (Fisn & Wildlife Service) 79,090.00

Department of Interior (National Park Service) 36,861.17

Department of Interior (Bureau of Land Management) .1,332.05

Federal Aviation Administration 11,875.06

U. S. Air Force
.).583.00

NASA 6,772.00

Coast Guard 680.36

Department of Commerce 6.90

Federal Highway Administration 4.20

TOTAL FEDERAL ACREAGE 362,309.13

TOTAL ACRES IN TIDEWATER VIRGINIA 5,738,380-.00

PEItCENTAGE FEDERALLY OWNED 6.3%

lIncludes fee simple and land where federal government has
lesser interests such as leases, permits, and licenses.

11-7

CHAPTER III

CO.RE REGULATORY PROGRAM:

Uses and Activities Subject to
Management
and
Means of Exerting State Control

Fisheries Management

1. Fisheries Management Plans
2. Commercial Harvesting
3. Marine Recreational Fishing
4. Federal, Interstate Coordination
0. Research
6. Artificial Reefs
7. Tidal Freshwater Recreational Fishing

B. Subaqueous Lands Management

C. Wetlands Management

1 Definition
2. Permit Program
3. Uuidelines and Technical Assistance

D. Dunes Management

E. Nonpoint Source Pollution Control

F. Point Source Water Pollution Control

G. Shoreline Sanitation

H.- Air Pollution Control

ChAPTER III

CORE REGULATORY PROGRAM:.

Uses and Activities Subject to Management
and Means of Exerting State Control

The heart of Virginia's Coastal Resources Management Program
is a core of eight regulatory programs through which critical land
and water uses and activities are subject to the control of the
state. This chapter lists, by geographic area, those uses and ac-
tivities and describes the legal and institutional means (programs
and authorities) by which they are controlled. The Attorney Gen-
eral's Office of Virginia has reviewed these policies an&has cert-
ified their enforceability (see Appendix II.I-1). All state stat-
utes and all agency regulations adopted pursuant to them and pur-
suant to applicable federal laws which apply to the operation of
these core regulatory programs are incorporated into Virginia's
coastal management program. The texts of key statutes and regula-
tions are in the Appendices to Chapter III and the FEIS Addendum.

The Federal CZM Act (Section 305(e)) requires that a state
program provide for any one of a combination of the following gen-
eral techniques for control of land and water uses within its
.coastal area.

Technique A: State establishmen 't of criteria and standards
for local implementation

Technique B: Direct state land and water use planning and
regulatidn

Technique C: State review on a case-by-case basis of actions
affecting land and water uses subject to the
Program

In its coastal resource management program the Commonwealth relies
on a mix of Techniques A and B. The section on each core regula-
tory program in this chapter includes a description of the manage-
ment technique used in that program.

State law provides for the strict control of virtually all
uses and activities which involve the taking of living resources
from or encroachment into the water portion of Virginia's coastal
area; for complete control of Virginia's entire tidal shoreline
through strict local regulation, with state overview, of all en-
croachments onto tidal wetlands and coastal dunes; for the regula-
tion of selected significant uses and activities in upland areas
along Virginia's shoreline and for the control of emissions affect-
ing air quality.

A. FISHERIES MANAGEMENT - Regulatory Authority Over Commercial
and Recreational Fighing - Marine Resources Commission (URC);
Commission of Game and Inland Fisheries (CGIF).

Policy: "It shall be the goal of fisheries
management within the Commonwealth of Virginia to con-
serve and enhance finfish and shellfish resources, and
to preserve and promote both commercial and recreational
fisheries, and, thereby, to maximize food production and
recreational opportunities. The marine resources of the
Commonwealth 'shall be managed for their maximum benefit
and long-term use by present and future generations.
The fishery management plans prepared and implemented
according to law shall also have as a goal the preserva-
tion of the Commonwealth's exclusive right to manage the
fisheries within its territorial jurisdiction.

Fishery management shall be based upon the best
scientific, economic, biological and sociol6gical infor-
mation available, shall be responsive to the needs of
interested and* affected citizens, shall promote effi-
ciency in the utilization of the resources, and shall
draw upon all available capabilities in carrying out
research, administration, management, and enforcement."
(�28.1-23.1).

The Governor and the General Assembly have oversight responsi-
bilities for the appointed bodies that are the Marine Resources
Commission and the Commission of Game and Inland Fisheries. The
Secretary of Natural Resources has direct oversight responsibili-
ties for agency functions of both commissions. Both agencies use
technique "B" to carry out their regulatory responsibilities. For
details of these management relationships see the following program
information as well as Chapter IV, Organizational Structure.

Conservation and promotion of marine resources is accomplished
through the authority of the Virginia Marine Resources Commission
(MHC) to promulgate and enforce regulations and establish licenses.
By statute, "the MHC has the authority to make such regulations as
it deems necessary to promote the seafood and marine resources of
the State, in,cluding regulations as to the taking of seafood, when
regulations do not conflict with the provisions of statutory law"
(528.1-23. All statutes concerning saltwater fisheries management
are contained in Laws of Virginia Relating to the Marine Resources
of the Commonweafth and can be found in Appendix III-2A) and the
FEIS Addendum. Jurisdiction of the MRC extends inland to the fall-
line of all streams and rivers and seaward to the three mile terri-
torial limit. Pursuant to this authority the Commission has issu-ed
numerous Regulations and Orders.

Statutes are currently in effect to conserve certain species
and control a wide range of commercial fishing devices. Crabs,
oysters, striped bass, cobia, fluke and red drum are addressed
specifically in regards to harvestable length. Fixed fishi ng de-
vices and oyster, clamming and crab harvesting equipment are regu-
lated by statutes for resource conservation and to reduce con-
flicts. Examples of programs and activities pertaining to fish-
eries management in Virginia are explained below.

111-2

1. Fisheries Management Plans

As a result of the General Assembly's passage of both
�28.1-23.1 and the Chesapeake Bay Initiatives in 1984, f i s h e r i e s
management plans (FMPs) for the oyster and the blue crab will be
developed in 1984-86. FMPs will be developed for numerous other
species over the coining years,'and a significant effort has already
been expended in the development of background information f o r
these FMPs.

2. Commercial Harvesting

"Commercial harvesting" means all operations involved in
using, setting, taking, catching or operating apparatus employed in
killing, taking or catching fish and shellfish for the purpose of
making a profit. Virginia is actively involved in regulating the
commercial harvesting-of fish and shellfish.

The Commission has explicit authority in the areas of shell-
fish management because shellfish require a high degree of manage7
ment to prevent their depletion. Seasons, gear used, areas har-
vested and catch limits are basic vehicles used in management. The
oyster tax system and State monies provide for oyster shell and
seed planting of public grounds defined in the Baylor Study which
currently comprise approximately 240,000 acres.

A surveyin g grid system has been established state wide for
the accurate survey and resurvey of public and private oyster
ground. Private leaseholds currently comprise approximately
160,000 acres and account for roughly 45 percent of total produc-
tion of market oysters and 17 percent of seed o@ster production.

The WiC has improved its management of shellfish by expanding
its ability to monitor shellfish populations. As of February,
1979, tne MRC became responsible for the collection.of all inshore
fishery statistics in agreement and under contract with the Na-
tional Marine Fisheries Service. These data are of high priority
as decision-making tools.

The Commission enforces the laws and regulations associated
with the transplanting of shellfish from condemned (polluted)
grounds to approved (clean) waters for the natural process of de-
puration.

3. Marine hecreational Fisning,

For particular fish species in need of protection, MHC has is-
sued regulations restricting the recreational taking of certain
marine fish. A saltwater sportfish.ing license is not now required
in Virginia.

111-3

4. Federal, Interstate Coordination.

The Commissioner of the MRC is responsible for coordination
between interstate, regional and federal fisheries programs and
Virginia fisberies management. He is a voting member of the Po-
tomac hiver Fisneries.Commission, Atlantic States Marine Fisheries
.Commission (ASMFC) and the Mid-Atlantic Fisheries Management Coun-
cil (MAFmC).

5. Research

The Virginia Institute of Marine Science (VIMS). may conduct
independent research to be used in support of the management re-
sponsibilities of MRC, the SWCB, ASMFC and MAFMC. Duties of VIMS
include studies and investigations of the commercial and sport-
fishing industries and problems of other sections of the maritime
economy. VIMS advises MRC as to the means by which fishery re-
sources may be conserved, developed and replenished. VIMS is di-
rected to conduct studies and investigations of marine pollution in
cooperation wito the State Water Control Board and the Department
of health, making results and recommendations, available to appro-
priate agencies, including MRC.

6.. Artificial Reefs

The Artificial Reef Program provides for the enhancement of
recreational fishing. A tire baling operation continues to supply
reef material to the Tower Reef site 'locatead in the Atlantic Ocean
off Cape Henry. "Artificial reef" means any structure or materials
placed in the waters-or on the subaqueous land of the State for the
purpose of improving the recreational fishery.

7. Tidal Freshwater Recreational Fishing

The Commission of Game and Inland Fisheries (CGIF) is vested
with jurisdiction over fish located within tidal brackish and
fresnwater creeks (529-13 and 529-125, see Appendix 111-2), and
with enforcement powers of prosecution (�29-14). In addition, the
CGIF nas the authority to prescribe regulations concerning the
taking of those fish (S29-148 to 29-153). All regulations con-
cerning tidal freshwater recreational fishing are contained in
Regulations of the Commission of Game and Inland Fisheries Common-
wealth of Virginia. Some of-the regulations which restrict the use
of these freshwater fish include: . fishing seasons (R 23-1); creel
limits (R 23-2); size limits (R 23-3); sale (R 23-4); and importa-
tion (H 23-6) (see Appendix 111-6).

111-4

Fish stocks are ev aluated by the fishery biologists of the
Commission to assure sufficient and desired reproductive poten-
t i a I .The Commission then patrols these brackish and freshwater
creeks on a routine basis, to insure compliance with the regula-
tions and checking for properiy licensed fishermen. The Commis-
sion, in conjunction with other state agencies, monitors all pro-
jects on all fresh waters to ensure,that they are not detrimental
to migratory stocks of fish. In addition, the Commission has a
commitment to opening Virginia's tidal rivers to the free passage
of anadromous fish to their ancestral spawning grounds in the upper
reaches of these rivers.

B. SUBAQUEOUS LANDS MANAGEMENT - Regulatory Authority Over All
Encroachments In, On or Over State-Owned Subaqueous Lands
Marine Resources Commission (URC).

Policy: "In granting or denying any permit for
the use of state-owned bottomlands, the Commission shall
be guided in its deliberations by the provisions of Sec-
tion I of Article XI of the Constitution of Virginia,
and shall consider, among other things, the effect of
the proposed project upon other reasonable and per-
missible uses of state waters and state-owned bottom-
lands, its effect upon the marine and fisheries re-
sources of the Commonwealth, its effect upon the wet-
lands of the* Commonwealth, except when its effect upon
said wetlands has been or will be determined under the
provisions of Chap.ter 2.i (�62.1-13.1 et seq.) of this
title, and its effect upon adjacent or nearby proper-
ties, its anticipated public and private benefits, and,
in addition thereto, the Commission shall give due con-
siaeration to standard's of water quality as established
by the State Water Control Board." (562.1-3).

The Commission-uses technique "B" to carry out its regulatory
responsibilities in this area.' For details of this management re-
lationship see the following program information as well as Chapter
IV, Organizational Structure.

Subaqueous lands include the beds of the bays, oceans, rivers,
streams and creeks. They are the property of the Commonwealth un-
less conveyea by special grant or compact.* Uses of public sub-
aqueous 'lands are subject to the provisions of Virginia's CRMP.

*There are no official estimates of the amount of these privately
owned subaqueous lands, but from MRC's regulatory viewpoint, they
are insignificant. Regulation of these privately owned subaqueous
lands is essentially not an issue in Virginia.

111-5

A I Istatutes concqrning encroactiments onto state-owned sub-
aqueous lands are contained in Laws of Virginia Relating to -@,he
Marine Hesources of the Commonwealth of Virginia. Section 62 .1-3
of the Virginia Code (see Appendix 111-2) states that it shall be
unlawful and constitute a misdemeanor for anyone- to build, dump or
otherwise trespass upon or over or encroach upon or take or use any
materia:ls from the beds of the bays and ocean, rivers, streams and
creeks which are the property of the Commonwealth unless such act
is pursuant to statutory authority or a permit by the Marine Re-
sources Commission.

In granting or denying any permit for the use of State-owned
subaqueous land, the Marine Resources Commission is guided in its
deliberations by the provisions of Section I of Article XI of the
Constitution of Virginia and considers, among other things, the ef-
fect of the proposed project upon: other reasonable and permiss-
ible uses of State waters and State-owned bottom land; marine and
fisheries resources; wetlands; adjacent or nearby properties; anti-
cipated public and private benefits; and state water quality stand-
ards.

To clarify the normal conditions attached to projects affect-
ing the subaqueous land of Virginia, the Marine Resources Commis-
sion adopted the "Subaqueous Guidelines: Guidelines for the Per-
mitting of Activities which Encroach in, on or over the Subaqueous
Lands of the Commonwealth of Virginia", and can be found in Appen-
dix 111-3. This statement confirms and standardizes the policies
and procedures of the MRC for the pdrmitting of activities affect-
ing subaqueous land., guides the MRC staff in performance of their
duti'es and informs the general public of the usual terms and cou-
ditions under which subaqueous activities are permitted in State
waters.

.Activities specifically regulated by the subaqueous g.uidelines
include: dredging; filling and dredge material placement; the
placement of mooring buoys; the placement of-over'head and submarine
crossings-; and the 'construction of piers, docks and ramps, bulk-
heads, Jetti'es, groins, and marinas and other places where boats
are moored.

"Marina" means any installation operating under public or pri-
vate ownership which provides dockage or moorage for fifteen (15)
or more boats (exclusive of paddle or rowboats) and provides
through sale, rental or fee basis any equipment, supply, or service
for the convenience of the public or their lease, renters or users
of their facilities., "Other places where boats are Moored" means
any installation operating under public or private ownershi,p which
provides dockage, moorage mooring for boats either on a free, reht-
al or fee oasis for the convenience of the public. Facilities
classified as "Marina's" by the Department*of Health (DOH) are re-
quired to meet more stringent sanitary facility and pump out facil-
ity requirements than are "other places where boats are moored."

111-6

Other regulated subaqueous activities include the placement of
artif icial reef s for tne purpose of imp roving the recreational
fisnery ana offshore mining for minerals from subaqueous lands (see
Appendix 111-2, �62.1-3 and 62.1-4 of the Virginia Code).

C. WETLANDS MANAGEMENT - Regulatory Authority Over All En-
croachments Into Vegetated and Non-Vegetated Wetlands - Marine
Resources Commission (MRC).

Policy: "It is declared to be the public policy of
this Commonwealth to preserve the wetlands and to prevent
their despoliation and destruction and to accommodate nec-
essary economic development in a manner consistent with wet-
lands preservation" (�62.1-13.1).

The Wetlands Act (S62.1-13.1 through 62.1-13.20) was enacted
in 1972 and can be found in Laws of Virginia Relating to the Marine
Resources of the Commonwealth. This legislation establishes a
local-state management program which sets forth the clear declara-
tion of public policy above.

The Marine fiesources Commission uses technique "B" to carry
out its regulatory responsibilities when local wetlands boards have
not been established. Where established according to state law,
the local wetlands boards use technique "A" to carry out their reg-
ulatory responsibilities. For details of these management rela-
tionsnips see the following program information as well -as Chapter
IV, organizational Structure.

1. Definition

Wetlands are defined to include both vegetated and non-
vegetated wetlands (f62.1-13.2, Appendix 111-2).

b
2. Permit Program

The Wetlands Act establishes a permit program and authorizes
the creation of local Wetlands Boards to administer it. Any coun-
ty, city or town that enacts a wetlands zoning ordinance pursuant
to Chapter 2.1 of the Code of Virginia, which pertains to wetlands,
may create a wetlands board. The local wetlands board must consist
of five or seven residents of the county, city or town and are ap-
pointed by the governing body of the county, city or town. Terms
of office are for five (5) years. The local wetlands board (if one
has been appointed)* receives the permit application, gives public
notice, holds a public hearing and makes a decision which is re-
viewed by the MRC and can be appealed to MRC.

If the permit applicant indicates that the proposed project
involves wetlands and no local wetlands board exists in the county,

Thirty local governments have established Wetlands Boards, which
cover approximately 94% of non-state-owned wetlands.

111-7

city or town of the project, a public bearing to consider effects
on wetlands is neld in the locality with a member of the MRC staff
acting as bearing officer after notice of that hearing has been ad-
vertised at least once a week for two weeks in a local newspaper.
A written synopsis of the wetlands public bearing is reviewed by
the mhC and a decision to either approve, modify or deny is ren-
dered.

To ensure that local decisions adequately achieve the policies
and standards of the Wetlands Act and follow procedures specified
in law, the Commissioner of Marine Resources reviews all decisions
of local boards and notifies the Marine Resources Commission of any
decision which, in his opinion, the Commission should review. The
Commission must review local wetlands boards' decisions when an ap-
peal is made by the permit applicant or the locality where the wet-
lands are located, or when twenty@five or more freeholders of pro-
perty within the locality petition the appeal or when the commis-
sioner requests the review.

The Commission has the authority to modify, amend or reverse
local decisions when: the local decision will not achieve the pol-
icies of the Wetlands Act or reasonably accommodate the wetlands
guidelines; or the rights of the appellant or the applicant have
been prejudiced because the local decision is in violation of con-
stitutional provisions, in excess of statutory authority, affected
by error of law, unsupported by, evidence or is arbitrary, capri-
cious or an abuse of discretion. The Commission's decision may be
appealed to the courts.

3. Guidelines and Technical Assistance

Tidal marsh Inventories which identify and map vegetated wet-
lands by political jurisdiction, were conducted by the Virginia
Institute of Marine Science (VIMS). This is a continuing responsi-
bility of VIM6. These inventories, assist State and local person -
nel in wetlands management. study of non-vegetated tidal wet-
lands explaining the value of these areas to the natural environ-
ment was also completed by VIMS.

In order to assist local wetlands boards in their decision-
.making, the Marine Resources Commission with the assistance of the
Virginia Institute of Marine Science has promulgated Wetlands
Guidelines, which can be found in Appendix 111-4. These guidelines
list wetlands by type and value and provide criteria for evaluating
alteration of wetlands.

Persons who desire to use or develop any wetlands other than
for the exempted uses listed in Appendix 111-2, 562.1-13.5 of the
Virginia Code must obtain a permit from the local wetlands board or
the Virginia Marine Resources Commission.

The SWCB'Wetlands Policy (see Appendix 111-7) guides that
agency when it issues NPDES discharge permits and approves the con-
struction of wastewater treatment plants.

111-8

D. DUNES MANAGEMENT Regulatory Authority Over All
Encroachments Into doastal Primary Sand Dunes - Marine
Resources Commission (URC).

. Policy: "It is declared to be the public policy of
the Commonwealth whenever reasonably necessary to preserve and
protect coastal primary sand dunes and to prevent their des-
poliation and destruction and whenever practical to accommo-
date necessary economic development in a manner consistent
with the protection of such features." (�62.1-13.21)

The Marine fiesources Commission uses technique "B" to carry
out its regulatory responsibilities when local wetlands boards have
not been established. Where established according to state law,
the local wetlands boards use technique "A" to carry out their
regulatory responsibilities. For details of these management
relationships see the following program information as well as
Chapter IV, Organizational Structure.

The Coastal Primary Sand Dune Protection Act (Virginia Code
@62.1-13.21 through 62.1-13.28) incorporates a permitting process
concerning alterations of dunes into the established permitting
system of the Wetlands Boards. All statutes concerning dunes man-
agement are contained in Laws of Virginia Relatigg to the Marine
Resources of the Commonwealth. The Act provides localities with
the option of administering the Act's policies and provisions.
Local wetlands Boards are given primary authority and responsi-
bility to review projects in sand dunes, and to grant or deny per-
mission to alter sand dunes in accordance with the policies of the
Act. The Marine Resources Commission (MRC) retains oversight of
toe program, and is required to administer the permitting program
in localities that-choose not to administer the Act.

Coastal primary sand dunes are defined in @62.1-13.22 (see
Appendix 111-2).

Since it is the more permanent dunes that the state is pro-
tecting, as opposed to temporary beach features, the requirement
that vegetation be growing on at least part of the dune was in-
cluded in*the law.

Section 62.1-13.23 requires that no permanent alteration of,
or construction upon, any coastal primary sand dune sh-alL take
place which would:

(i) impair the natural functions of the dune.
(ii) physically alter the contour of the dune.
(iii) or destroy the vege@tation of the dune.

Exceptions to this can only be permitted by the MRC when clearly
necessary and consistent with the public interest, considering all
material factors. Only a limited number of uses of*these dunes are
exempted from the permitting process (S62.1-13.25(3)).

-111-9

In order to assist local wetlands boards in their decision-
making, the iviRC with the assistance of tne Virginia Institute of
0
Marine Science has promulgated "Coastal Primary Sand Dune Guide-
lines" (pursuant to Virginia Code �62.1-13.24 concerning the dis-
turbance of sand dunes). These guidelines set forth the biological
and physical consequences of the uses of these dunes, and provide
criteria for evaluating alterations of sand dunes, and are in
Appendix 111-5.

E. NONPOINT SOURCE POLLUTION CONTROL - Regulatory Authority
Over Erosion and Sedimentation From Non-Agricultural Upland
Land Disturbing Activities - Department of Conservation and
Historic Resources (DCHR).

Policy: "The General Assembly has determined that
the lands and waters comprising the watersheds of the State
are great natural resources; that as a result of erosion of
lands and sediment deposition in waters within the watersheds
of the State, said waters are being polluted and despoiled to
such a degree that fish, aquatic life, recreation and other
uses of lands and waters are being adversely affected; that
the rapid shift in land use from agricultural to nonagricul-
tural uses has accelerated the' processes of soil erosion and
sedimentation; and further, it is necessary to establish and
implement a statewide coordinated erosion and sediment,control
program to conserve and to protect the land, water, air and
other natural resources of the Commonwealth." 021-89.2).

The Governor and the General Assembly have oversight responsi-
b-ilities for the Board of Conservation and Historic Resources. The
Secretary of Natural Resources has oversight responsibility for the
Department of Conservation and Historic Resourceg. The Department
has established minimum standards, guidelines and criteria for the
effective control of soil erosion, sediment deposition-and non-
agricultural runof 'f by local governments (Technique "A"). For de-
tails of this management relationship see the following program in-
formation as well as Chapter IV, Organizational Structure.

The 1973 Virginia Erosion and Sediment Control Law (see Appen-
dix 111-2 521-89.1 et. seq. of the Virginia Code), as amended, was
enacted to control Mhe erosion of upland soil to prevent sedimenta-
tion, turbidity and pollutant problems in State waters. The
Department of Conservation and Historic Resources has established
minimum standards, guidelines and criteria for the effective con-
trol of soil erosion, sediment deposition and non-agricultural run-
off pursuant to @21-89.4. That section provides that these minimum
standards, guidelines and criteria must be met in any control pro-
gram. Section 21-89.5 provides that either the local soil and
water conservation district of the local city, town or county must
adopt an erosion and sediment control program which is consistent
with the state program and guidelines. Local erosion and sediment
control programs have in fact been adopted throughout the state.
These local programs must follow the state guidelines.

III-10

Section 21-89.6 provides that no one may
disturbing activity until he has filed
trol plan which has been reviewed and approved by the local author-
ity. The plan must be found to meet the conservation standards in
the local program. These must conform with the state guidelines,
or, under 21.89.12, could be more restrictive. Section 21-89.8
requires periodic inspections of land disturbing activiteis to en-
sure compliance with the approved plan. The Department can insure
land disturbing activities are controlled in accord with the state
program by applying under 21.89.11 to the circuit court to enjoin
a violation or threatened violation under 21-89.6 or 29.89.8.
The State Erosion and Sediment Control Program consists of soil ero-
sion which are set forth in the Virginia Erosion and Sediment
Control Handbook which must be enforced by the local Erosion and
Sediment Control Programs. The general criteria used in this pro-
gram can be found in Appendix III-8.

All "land-disturbing activities" as defined by 21.89.3 are
subject to the Erosion and Sediment Control Program.

F. POINT SOURCE WATER POLLUTION CONTROL- Regulatory Authority
Over Existing, Planned or Potential Discharges to State Waters
- State Water Control Board (SWCB).

Policy:

The State Water Control Board is charged with the implementa-
tion of Virginia's State Water Control Law. To enforce this law,
the SWCB establishes water quality standards, issues waste dis-
charge certificates, adopts regulations, and requires compliance.

"It is...against public policy for an owner who does
not have a certificate issued by the Board to (1) dis-
charge into state waters inadequately treated sewage.
industrial wastes, other wastes, or any noxious or
deleterious substances, or (2) otherwise alter the
physical, chemical or biological properties of such state
waters and make them detrimental to the public health, or
to animal or aquatic life, or to the uses of such waters
for domestic or industrial consumption, or for recre-
ation, or for other uses" (62.1-44.5).

The Governor and the General Assembly have oversight responsi-
bilities for the State Water Control Board. The Secretary of
Natural resources has oversight responsibility for the agancy func-
tions of the State Water Control Board. The Board uses technique
"b" to carry out its regulatory responsibilities. For detail of
this management relationship see the following program information
as well as Chapter IV, Organizational Structure.

1. NPDES Permits

The Board has the authority to issue regulations concerning
water quality of the coastal zone as indicated in Virginia Code
62.1-44.15 (See Appendix III-2).

III-11

Pursuant to these powers, �44.15, it has promulgated Regula-
tion No. 6 which develops Virginia's National Pollutant Discharge
Elimination System (NPDES) Permit Program, (see Appendix 111-9).
EPA has accepted this Program as meeting its requirements, and Vir-
ginia now issues the NPDES permits. Thus the state has direct con-
trol over all discharges to waters, groundwaters and surface
waters, in or affecting the coastal zone.

When NPDES permits are issued which have the potential to de-
trimentally affect wetlands or shellfish waters, the permits must
address the conditions imposed in the Board's Wetlands Policy (see
Appendix 111-7), and the Policy for the Protection of Water Quality
in Virginia's Shellfish-Growing Waters (see Appendix III-10).

All NPUES permits must meet either EPA guidelines, or Vir-
ginia's Water (quality 6tanoards, whichever are more stringent.
There are a number of Water Wuality Standards which apply to waters
of the coastal zone, and 'these can be found in State Water Control
Board, Water Quality Standards, Commonwealth of Virginia (see
Appendix III-11).

All NPDES systems and sewage treatment works are subject to
joint supervision of the SWCB and Virginia Department of health
(L)OH), as provided by the State Water Control Law.' Current Na-
tional Pollutant Discharge Elimination System (NPDES) procedures
require a permit for essentially all sewage discharges to state
waters. Application for the necessary permit is made concurrently
to the SWCB and 'DOH, and both agencies are involved in the deter-
mination regarding approval. (S62.1-44.18 - �62.1-44.19).

Any facility which, upon construction or alteration has the
potential to discharge or will, in fact, discharge industrial
wastes must also receive an NPDES permit before construction or
alteration may begin. The law specifies that such application will
be made to the SWCB which must then process the application
according to a statutorily mandated timetable, The same
application procedure is used in situations where domestic sewage
from the industrial establishment is treated and *disposed of
jointly with industrial wastes. A ruling approving or dis-
approving the application is made within a four-month period from
the date the application is filed. (562.1-44.16)

2. No-Discharge Certificates

To complement the NPDES permit program, which is primarily
applied to point source discharges into State Waters, the State
Water Control Board (SWCB) administers a no-discharge certificate
program. This is keyed to activities that can be operated and
maintained in a manner which reuses or recyles wastewater and which
does not require point source discharges. Thus, anyone "who hand-
les, stores, distributes, or produces" substances which would cause
pollution should they find -their way into state waters, must obtain

111-12

this certificate. For example, a no-discharge certif icate may be
required of a wood treatment facility. The wood treatment facility
in this case would not be producing an effluent but there could be
the potential for water pollution, either as runoff from the land,
or as an overflow or rupture of a holding pond at the facility.

The 6WCB inspects facilities that it believes may cause pollu-
tion problems, despite the lack of any discharge from the facility
to state waters. If the SWCB believes there could be water pollu-
tion problems, then it can require the facility to submit plans to
cuntrol these potential problems. Upon request of the SWCB, such
parties are required to install facilities or adopt measures neces-
sary to prevent the escape, flow, or discharge of the materials in-
volved into state waters. If the measures taken are approved by
the Board, it issues a certificate. This program significantly ex-
ceeds federal requirements in many areas. The SWCB derives its
authority to implement this program from the Virginia State Code
@62.1-44.16 and �62.1-44.17, and has issued Procedural Rule No. 2
explaining the requirements of the program (see Appendix 111-12).

3. Enforcement

The 8WC8 has a variety of administrative and legal mechanisms
to bring about compliance with the State Water Control Law and with
permits. Initial contact regarding non-compliance is generally
mad e @by Regional Offices by telephone, visits, inspections, and
letters.

These contacts are for the purpose of determining the causes
of the violations, offering tech-nical assistance, and impressing on
the violator the need for corrective action. This is often all
that is needed to resolve the problem. Should non-compliance be
protracted, or should the violator.be noncooperative, the Office of
Enforcement contacts the violator. In additio-n to the contacts
made by the.,Hegional Offices, the following actions are followed as
necessary to bring about compliance:

(1) Directives - The Executive Director can issue a Board Direc-
tive which, if violated, is enforceable by issuance of a
Special Order.,

(2) Consent Orders If the violator and SWCB can agree on appro-
priate actions to attain compliance, a Consent Order is is-
sued. This is the same as a Special Order, but is issued with
the consent of the violator who waives his right. to a hearing.
Consent Orders are enforceable by injunction, and civil or
criminal penalties.

(3) Special Orders - These are issued only after a hearing with at
least 30 days notice, and are enforceable by injunction and
civil or criminal penalties.

111-13

(,4 [email protected]:ial Orders - 6ame as a Special Order, but can be
Lm;iiediately Airhout a hearing if gross pollution is oc-
cur@-ing A,nicti threatens the public health, safety or welfare,
the nealti) of animals or aquatic life, a public water supply,
or UedsorlaoLe uses of State waters. . A hearing must be held
a f t e r the issuance of such orders, and they are enf orceable by
I[)jU[1CT.ive Relief.

(5) Injunctive Relief - The Board may go to court to obtain an in-
junction or manaamus to require compliance with the several
types of @!;pecial Orders.

(6) Penalties - both civil penalties and criminal fines are avail-
able as remedies for violations of permits, the Law, and
Special Urders. The maximum civil penalty that can be as-
sessed by a court is $10,000 per day of violation. The maxi-
muni fine for a criminal act that can be assessed by a court is
'@25,000 per day of violation.

G. SHORELINE SANITATION - Regulatory Authority Over Shorellne
Use of Septic or Other On-Site Domestic Waste Systems -
Department of Health.

Policy: "The General Assembly finds that the pro-
tection, improvement and preservation of the public health and
of the environment are essential to the general welfare of the
citizens of the' Commonwealth. For 'this reason, the State
Board of Health and the State Health Commissioner, assisted by
tUe State Department of 'Health, shall administer and provide a
comprehensive program of ... environmental health services, edu-
cate the citizenry in health and environmental matters ... and
abate hazards and nuisances to the health and to the environ-
ment, both emergency and otherwise, thereby improving the
quality of life in the Commonwealth." (532.1-2).

"The regulations of the Board [of Health] shall govern
the collection, conveyance, transportation, treatment and dis-
posal of sewage. Such regulations shall be designed to pro-
tect the public health and promote the public welfare"

The Gover.nor and the General Assembly have oversight responsi-
bilities for the State. board of Health. While the Secretary of
Human Resources has oversight responsibility for the Department of
health, the Secretary of Natural Resources has oversight responsi-
bility for the coastal resources management program which includes
agencies outside of Natural Resources. The Department of Health
works with local governments using a combination of techniques "A"
and "B" to carry out shared regulatory responsibilities. For de-
tails of this management relationship see the following program in-
formation as well.as Chapter IV, Organizational Stucture.

111-14

The Virginia State Board of Health has supervision and control
over the sa.fe and sanitary collection and disposal of sewage. The
regulation'of sewage, as it may affect the public health, is pri-
marily the responsibility of the Board of Health,- though it has
joint responsibility with the State Water Control Board concerning
discharges to State Waters (�32.1-164). The Board of Health-is em-
powered through Virginia Code �32.1-165 to regulate the installa-
tion of septic tanks, (see Appendix 111-2). In addition the Board
sets standards concerning soil types suitable for septic tanks and
specifies minimum distances from streams, rivers and other waters,
and these criteria are contained in, Sewage_ Handling and_Disposal
Regulations. A summary of these regulations can be found in Appen-
dix 111-13.

Though the septic tank permitting program is.run by the County
Health Departments pursuant to 515.1-520, the local sanitarians in
these County Health Departments are state employees. These County
Health Departments receive oversight from the Directors of the
local County health Departments, and these Directors each are re-
sponsible for a region of the State that includes a number of
counties. In addition, there are central office staff in Richmond
that work with the local sanitarians. Thus the entire system is a
State-County coordinated effort, and does have state enforcement
authority.

Before any onsite sewage disposal facility can be installed, a
permit must be first obtained from the County Health Department
stating that the location is suiiable for onsite disposal. Plans
for the sewage disposal facilities must then, be submitted* to, the
County Health Department for approval. Once installed,. but before
being covered up with dirt, the sewage disposal facility must be
inspected and approved by the local sanitarian.

H. AIR POLLUTION CONTROL - Regulatory Authority Over Emissions
Affecting the Quality of the Air.

Policy:

It is declared to be the public policy of the Com-
monwealth to achieve and maintain such levels of air
quality as will protect human health, welfare dnd
safety and to the greatest degree practicable prevent
injury to plant and animal life and property, will
foster the comfort and conveni-ence of its people and
their enjoyment of life and property, and will promote
the economic and social development of the Commonwealth
and facilitate enjoyment of its attractions
(�10.17.10)

111-15

The Governor and the General Assembly exercise oversight re-
sponsibility for the State Air Pollution Control Board. The Secre-
tary of Natural Resources has oversight responsibility for the
agency functions of the Board staff.

The Board has the authority to issue regulations covering air
quality throughout Virginia as indicated in the Virginia Code
510-17.18 (See Appendi.x 111-2).

Air quality regulations are adopted to implement the policy
set forth in the Virginia Air Pollution Control Law and to fulfill
the Commonwealth's responsibilities under the Federal Clean Air Act
to provide a legally enforceable State Implementation Plan for the
attainment and maintenance of the National Ambient Air Quality
Standards. All of the agency's regulations are published in one
basic book called the Regulations for the Control and Abatement of
Air Pollution (See Appendix 111-14). The regulations list the var-
ious types of sources of air pollutants and require that "No owner
or other person shall begin actual construction, reconstruction or
modification of any of (those) types of. sources without first ob-
taining from the Board a permit to construct and operate or to
modify and operate such source."

111-16

CHAPTER IV

ORGANIZATIONAL STRUCTURE

A. Autnorities

b . Administration of the Individual Core Regulatory Prograin6

C. Administration of tne VCRMP

1. General Program Management
2. Monitoring VCRMP Elements

D. Related Coordination and Oversight

1. Cnesapeake Bay Commission
2. The Chesapeake Bay Initiatives
3. The Chesapeake Executive Council
4. The Virginia aiver Basin Committees
5. Biennial Coastal Resources Management Review and

Evaluation Process

CHAPTER IV

ORGANIZATIONAL STRUCTURE

A. AUTHORITIES

The ultimate responsibility for the coordination and oversight
of Virginia's coastal resources management activities rests with
.the Governor and will be exercised by the Secretary of Natural Re-
sources in conjunction with other affected Secretaries.

Virginia Code �2.1-39.1 authorizes the Governor to "designate
and empower any secretary ... to perform..' any function which is
vested in the Governor by law.... it Executive Order Twelve (June
30, 1978), delegates ' to the Governor's Cabinet Secretaries certain
management responsibilities and authorities. These authorities,
listed below, provide the Secretary of Natural Resources* with the
capability to review and evaluate the Commonwealth's numerous CRM
activities:

1) To designate policy priorities and guidelines to effect
comprehensive, long-range and coordinated planning and policy
formulation involving more than a single agency or for the com-
merce and resources function;

2) To direct the formulation of a comprehensive program bud-
get encompassing the programs and activities, for the commerce
And resources function;

3) To direct the preparation of alternative policies, plans,
and budgets for commerce and resources;

4) To resolve administrative, jurisdi ctional, policy, pro-.
gram, or operational conflicts among any of the assigned agen-
cies or officers;

5) To hold assigned agency head(s) accountable for the ad-
ministrative, fiscal, and program performance of such
agency ....

Assisting the Secretary of Natural Resources in carrying out
these responsibilities with respect to CRM is the Council on the
Environment and its staff . Virginia Code SIO-186 clearly mandates
and authorizes the involvement of the Council in this area:

... Advise the Governor and General Assembly ... on
matters relating to environmental quality and the effective-
ness of actions and programs designed Ao enhance that quality;
and recommend ... measures it believes are necessary to enhance
the quality of the State's environment ....

*Effective July 1, 1986 the position of Secretary of Commerce and
Resources is replaced by a Secretary of Economic Development and a
Secretary of Natural Resources.

IV-1

Tne Executive Order created to support the VCRMP binds all
state coastal resource management activities into a coordinated ef-
fort and requires that those activities be consistent with the
VCRMP.

Virginia will use a mix of "Technique A" and "Technique B" in
its control over land and water . uses subject to management under
the Core Regulatory Programs. Control Technique A consists of
state establishment of criteria and standards for local implementa-
tion, subject to administrative review and enforcement of com-
pliance. Examples of the uses of Technique A in Virginia are the
Wetlands Management and the Dunes Management Programs. Control
Technique B consists of direct state control of land and water uses
subject to the Cor-e, Regulatory Program on the basis of direct state
authority. Examples of the uses of Technique B in Virginia are the
Fisheries Management and the Water Pollution Control Programs.
Virginia's Shoreline Sanitation Program is a mix of both Technique
A and B, with both local and state implementation of state guide-
lines and subject to state control.

B. ADMINISTRATION OF THE INDIVIDUAL CORE REGULATORY PROGRAMS

The central feature of Virginia's Coastal Resources Management
Program is a core of eight existing regulatory programs which en-
sure that critical land and water uses are subject to regulation by
the Commonwealth. The core programs include:

0 Fisheries Management, -administered by- the Marine Re-
sources Commission and the Commission of Game and Inland
Fisheries;

0 Subaqueous Cands Management, administered by the Marine
Resources Commission;

0 Wetlands Managementp administered by the Marine Resources
Commission;

0 Dunes Management, administered by the Marine Resources
Commission;

0 Nonpoint Source Pollution Control, administered by the,
Department of Conservation and Historic Resources;

0 Point Source Pollution Control, administered by the Vir-
ginia Water Control Board;

0 Shoreline Sanitation, administered by the Department of
Health; and

0 Air Pollution Control, administered by the Air Pollution
Control Board.

IV-2

The Virginia Coastal Resources Management Program takes a net-
working approach , and the eight core regulatory programs listed
above constitute its primary base as a management program. Each of
the programs is administered by a state agency that is associated
with a citizen board or commission, and each of those citizen
bodies carries out regulatory functions related to coastal re-
sources management

The roles of the regulatory boards and commissions and the re-
lationships between each of them and its respective agency.are well
established in state laws, regulations and administrative proce-
dures as well as case law. While the regulatory agencies provide
detailed technical information and recommendations to their citizen
boards and commissions, it is those citizen bodies that are charged
with making the primary administrative decisions that shape Virgin-
ia's system of environmental and resource management. Day to day
program administration and enforcement of each of the eight core
regulatory programs, of course, is the responsibility of the agen-
cies.

Virginia has identified numerous activities, now pe@rforrned by
over 20 different agencies, which contribute in varying degrees to
the achievement of CRM goals. Included in these are the eight core
regulatory programs. Almost all of these activities were indivtd-
-ually established in response to particular problems and needs and
would be carried out whether they are called CRM activities or not.
These activities will continue to be the responsibility of the re-
spective individual agencies.

Federal regulations (15 CFR 923.57) require coastal , manage-
ment agencies "...before implementing any management program de-
cision which would conflict with any local zoning ordinance, de-
cision or other action, to send notice of such management progrard
decision to any local government whose zoning authority is affected
thereby." There are two classes of management decisions that might
require such a notice and each has its own mechanism for dealing
with local governments.

0 Any change in state regulatory policy that is being proposed
formally by a state agency must follow the requirements of
the state's Administrative Process Act which calls for no-
tice in The Virginia Register of Regulations.

0 If the management policy decision involves the acquisition of
property for public use, the state agency, according to the
state Planning and Budgeting System Manual (chapt. 3, vol. 3,
pp. 111), ust determine whether the acquisition is acceptable
to the local government.

The Virginia Coastal Resources Management Program is designed
to make use of the existing state management system of 'citizen re-
gulatory bodies working with state agencies. The networking ap-
proach of the VCRMP incorporates eight of the programs in that
system while providing a mechanism for central monitoring and prob-
lem resolution as required by the federal Coastal Zone Management
Act of any state participating in the federal program.

IV-3

C. ADMINISTRATION OF THE VCHMP

1. General Program Management

Administrative functions associated with the CZMA will be the
responsibility of the staff of the Council on the Environment oper-
ating as the state's lead agency for all matters relating to the
CZM Act and the state's participation in the federal Coastal Zone
Management Program. The Administrator of the Council on the
Environment will be the Program Manager for the VCRMP.

Beyond those routine administrative funct,ions there is a mech-
anism described below that will ensure that the various components
of the VCRMP network will operate in a manner consistent with the
policies of the state's coastal program.

2. Monitoring VCRMP Elements

Moni.toring of State agency actions for consistency with the
VCHMP will be the responsibility of the COE and will be accomplish-
ed through review of the following types of information:

0 Notices of applications for state environmental permits.

0 Periodic reports by_state agencies on permit applications
and issuances, etc.

0 Agendas and minutes of agen cy meetings.

0 Other state agency publications such as newsletters.

0 News Media.

0 Comments and questions by interested parties.

Consistency problems that might arise within the state govern-
ment will be dealt with in the following manner:

0 The Administrator-of the Council on the Environment shall
monitor all state actions which affect coastal resources.
When, in the judgment of the Administrator', a state agen-
cy or regulatory board or commission is ready to act in a
manner that appears to be inconsistent with the VCRMP or
has established a pattern of actions that appears to be
inconsistent with the Virginia Coastal Resources Manage-
ment Program the Administrator shall discuss the situa-
tion with the agency head Sto determine if a consistency
problem, in fact, does exi;t.

IV-4

0 If, af ter discussion , the agency head and the COE Adm in-
istrator are in disagreement about the existence of a
consistency problem the COE Administrator will inform the
Secretary of the disagreement, and the Secretary will
determine if a state consistency problem exists.

0 If the agency nead and the Administrator agree that a
consistency problem does exist, the agency head will at-
tempt its resolution. If the agency head cannot resolve
the problem, the Administrator will advise the Secretary
of Natural Resources that a state consistency problem
exists.

0 The Secretary will review the situation, determine how it
might best be resolved, effect such resolution within the
Secretariat of Natural Resources, or consult with other
cabinet offices to resolve consistency problems with
agencies not within that Secretariat.

0 If unable to so resolve the problem, the Secretary of
Natural Resources will report to the Governor with recom-
mendations for any needed action. Any remedy to a con-
sistency problem that might be considered at any level of
state government either would have to be in accordance
with existing state laws, regulations and administrative
procedures or would require -amendments to those laws, re-
gulatious and administrative procedures. The Govetnor
shall have ultimate responsibility for resolving any
consistency problem which cannot be resolved by the agency
head or by the Secretary.

D. RELATED COORDINATION AND OVERSIGHT

The Commonwealth is involved in a wide range of other activi-
ties that all contribute to the coordination and oversight neces-
sary to coastal resources management. The number of such activi-
ties is growing yearly and the most visible of these are grouped
under the following headings: the Chesapeake Bay Commission, the
Chesape *ake Executive Council, the Virginia river basin committees,
the Chesapeake Bay Initiatives, and the Biennial Coastal Resources
Review and Evaluation Process. The Biennial Coastal Resources Re-
view and Evaluation Process and the river basin committees are part
of the VCHMP. The other activities are not but will contribute to
the effectiveness of the VCHMP. Each of these is described briefly
below.

1. The Chesapeake Bay Commission

The Chesapeake- Bay Commission was created in 1980 by joint
action of the Maryland and Virginia General assemblies (NR Article,
Sec. 8-302, Annotated Code of Maryland; Title 62.1, Sec. 62.1-69.5
to 62.1-69.20, Code of Virginia). The Acts creating the Commission
recognized Chesapeake Bay and its tributaries, wetlands, and depen-
dent natural resources as an integrated ecosystem shared by the two
states. The substantial jo 'int interest of the two states in the
use of resources includes management and regulatory programs, im-
plementation methods, and actions affecting migratory fowl, fin-
fish, shellfish, commercial and mercantile use, and water quality.

IV-5

.witti the recent addition of Pennsylvania as a member the Com-
mission now covers the greatest portion of the Bay's drainage
area.

The executive branch of Virginia state government is repre-
sented on the Commission by the Secretary of Natural Resources.
The Council on the Environment staff provides support to the Secre-
tary for this area of responsibility.

The Commission is active in a number of areas that are impor-
tant in Chesapeake Bay coordination and oversight. Its frequent
meetings provide a necessary opportunity for representatives of the
three states, primarily legislators, to gather together to discuss
Bay matters from a legislative point of view. The Commi,ssion iden-
tifies significant issues and develops recommendations for legisla-
tive action some of which involve the introduction of similar leg-
islation in the member of Bay issues so as to provide the informa-
tion and analysis to support the development of recommendations.
The Commission also conducts a highly public biennial evaluation of
Bay conditions and management.

2. The Chesapeake Bay Initiatives

Recent years have witnessed an alarming decline in the health
of the Chesapeake'Bay. Fisheries have declined, water quality. has
deteriorated and habitats a 're being depleted. In 1983 the EPA
Chesapeake Bay Study provided clear evidence of thi's decline.

Throughout the summer and fall 'of 1983, Virginia's resource
agencies, with the invaluable help of many citizen groups and indi-
viduals, began to. develop an ambitious and long-range program of
action to reverse these disturbing trends. Maryland, Pennsylvania,
and the District of Columbia and the federal government did the
same, and in December of that year the Chesapeake Bay Agreement was
signed. Starting with the Commonwealth's 1984-86 biennium budget
the executive and legislative branches of state government have
worked together to develop a set of evolving Chesapeake Bay Initi-
atives . that address the restoration and protection of the Chesa-
peake Bay estuarine system. The Initiative budget items are clear-
ly identified as elements in a comprehensive and integrated package
of Bay management activities and have been developed and funded as
a highly visible and highly popular package.

The Administrator of the Council on the Environment is charged
with overall program coordination and tracking. Detailed quarterly
reports are developed as the basis for quarterly review meeting
conducted by the Secretary of Natural Resources. A comprehensive
annual report on the progress of the initiatives is also published
and widely-distributed.

IV-6

3. The Chesapeake Executive Council

The purpose of the Council is to support a cooperative ap-
proach among the Environmental Protection Agency (EPA), the State
of Maryland, the Commonwealths of Pennsylvania and Virginia, and
the District of Columbia (the states) to fully address the extent,
complexity, and sources of pollutants entering the Bay, recognizing
that EPA and the states share the responsibility for management
decisions and resources regarding the high priority issues of the
Chesapeake Bay.

The@ Executive Council is the highest formally constituted
executive branch body in the Bay area. It is composed of policy
level (State Cabinet/Department Secretaries) officials from the
participating states and Regional Administrator, EPA Region III.
The Council facilitates the development of consensus on Bay water
quality and resource issues. The Council meets quarterly or in ore
often if needed.

The Commonwealth of Virginia is represented on the Council by
the Secretary of Natural Resources and the Secretary of Human Re-
sources. The Council on the Environment staff provides support to
the Secretary* of Natural Resources for this area of responsi-
bility.

The Council serves as a forum for the discussion of key inter-
state and federal-state matters relating to the Chesapeake Bay es-
tuarine system. It advises EPA on the use of EPA-Chesapeake Bay
funds and guides the continuing development and annual refinement
of the Chesapeake Bay Restoration and Protection Plan. It also
produces an Annual Report and an annual State of the Bay Report
mmarizes Bay conditions and trends -77
which su e=ouncil is served
by the following committees, subcommittees and advisory bodies.

The Implementation Committee is the operating level arm of the
Executive Council. As such, it is composed of representatives from
federal and state department in such areas as health, agriculture
and natural resources. In addition to the state and EPA members,
other agencies participate on the Implementation Committee. These
are the Corps of Engineers, the National Oceanic and Atmospheric
Administration, the Soil Conservation Service, the Fish and Wild-
life Service and the U.S. Geological Survey. The Council on the
Environment Administrator is a member of the Implementation Commit-
tee and coordinates the state's work with that committee for the
Secretary of Natural Resources.

This committee meets monthly to address the institutional/-
management objectives of the Council. It is assisted by five sub-
committees and one advisory committee, the Scientific and Technical
Advisory Committee (STAC). The subcommittees are Planning, Model-
ing and Research, Nonpoint Sources, Monitoring and Data Management.
The Council on the Environment Administrator is the Chairman of the
Planning Subcommittee.

IV-7

The Scientific and Technical Advisory Committee (STAC) is com-
posed of research managers and other senior scientists, and its
purpose is to provide advice to the Implementation Committee on the
entire range of scientific and technical matters that relates to
Bay management. While they are asked to deal with some narrowly
defined immediate issues their main responsibility is to take the
long view on major Bay issues.

The Citizens Advisory Committee (CAC) is a broadly representa-
tive group of citizens who provide advice to the Chesapeake Execu-
tive Council on Bay issues. The group has an average membership of
25 individuals and meets quarterly. The CAC chairperson reports to
the Council at each of its meetings. The CAC addresses a wide
range of topics, and like the STAC, it is primarily concerned with
providing advice from a long-range, commprehensive perspective.

4. The Virginia River Basin Committees

The Virginia. river basin committees were created to provide
citizens living in the drainage basins of the Virginia tributaries
to the Bay with an opportunity to participate in the identification
and resolution of key management issues relating to the water qual-
ity a6d resources of the Chesapeake Bay estuarine system. There
are eight river basin committees with a total average membership of
160 individuals representing the widest range of basin interests.
(Most of the Virginia CAC members have elected to serve on a river
basin committee as well.) ' The coordination and support of the
river basin committees is provided by Citizens Program for the
Chesapeake Bay staff operating in close cooperation with the Coun-
cil on the Environment Administrator.

At this point in their evolution* the primary focus of the ef-
forts of the river basin committees is the Commonwealth's planning
and budget process. The scheduling of the meetings and activities
of the committees,is tied to the schedule of that state process so
that the citizens have the earliest possible opportunity to recom-
mend budget actions and to respond to preliminary state budget pro-
posals. Their formal comments and recommendations are addressed to
the Secretary of Natural Resources and the Governor.

5. Biennial Coastal Resources Management Review and Evaluation
Process

The biennial CRM review and evaluation process is the primary
mechanism by which the State assesses the long-term management ob-
jectives of its coastal resources. Through this process the Secre-
tary of Natural Resources and the Governor are advised of the suc-
cesses and/or failures of the State over the preceding biennium in
meeting its CRM goals and are provided with recommendations for any
modifications to the state's CHM goals and activities that would
improve Virginia's ability to meet its basic goals. The biennial
CHM review and evaluation process takes the form of a sequence of
steps:

IV-8

a. Agencies' Biennial CRM Evaluation

As part of their biennial program proposal each of the agen-
cies of State government which conducts activities which (_@ontribute
toward the management of Virainia's coastal resources evaluate
those programs and.activities. Each evaluation covers:

0 Current status of the resources and of the management
programs which deal with them will be judged and an eval-
uation will be made of the contributions the listed ac-
tivities have made toward the CRM goals over the past bi-
ennium. This evaluation-will focus on those agency pro-
graifl objectives and performance measures which are asso-
ciated with listed activities and will relate them to CRM
goals.

0 An identification of problems perceived in carrying out
specific activities or achieving specific agency objec-
tives, including:

a) an identification of any areas in which activL-
ties have decreased in productiv ity or where a realloca-
tion of resources could result'in increased productivity,
including recommendat ions for where such activities or
programs should be revised, reduced, dropped or assumed
by another entity (individual, local government or other
state or federal agency); and

b) an identification of modifications to activi-
ties necessary to more fully achieve the specific CRM
program goals.

o An identification of any additional goals the State
should pursue toward improving the management of its
coastal resource and which should therefore be incorpor-
ated into Virginia's CRM program.

All such evaluations are forwarded to the Administrator of the
Council on the Environment.

b. Staff Compilation and Overall CRM Evaluation

Upon receipt of the individual biennial CRM evaluations, the
staff of the Council on the Environment compiles a single overall
CRM evaluation for the Secretary of Natural Resources. The focus
of this evaluation is an assessment of the overall success or fail-
ure of the State in meeting its CRM goals with particular emphasis
on identification of management opportunities and recommendat ions
for improvement.

IV-9

C. Actions by the 6ecretary

Upon receipt of the biennial CRM evaluation the Secretary re-
views its findings and recommendations. Based upon this evaluation
and other relevant information, the Secretary develops final recom-
mendations for reporting to the Governor on the status- of coastal
resources management in Virginia. Any final recommendation by the
Secretary of Natural Resources that relates to the activities of a
state agency outside of his or her purview will not be submitted to
the Governor until and unless the appropriate Secretary has con-
curred with that recommendation. If a cabinet level impasse should
occur the issue would be resolved by the Governor.

d. Coastal Resource Management_Update

Upon completion of the biennial CR&f review and evaluation se-
quence, the State Coastal Resources Management document will be re-
vised to reflect any changes to CRM-related activities that may
have resulted from legislative or administrative action*, as well as
any modifications to the coordinative mechanisms. These revisions
will be submitted to OCRM for formal incorporation into the VCRMP
as an- amendment or a routine program implementation effort pursuant
to 15 CFR 923.80-85. The document which describes Virginia's man-
agement of its coastal resources 'will thus be kept current so it
can serve as an up-to-date catalogue of CRM-related goals, activi-
ties and mechanisms for coordination. This document will be kept'
on file by the Secretary of Natural Resources. Copies of the docu-
ment, as well as copies of a summary thereof, will be kept by the
Administrator of the Council on the Environment and will be avail-
able to interested citizens or other parties requesting information
on how Virginia manages its coastal resources.

IV-10

VIRGINIA Sl ATE GOVERNMENT EXECUTIVE BRANCH 1 986

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E HAL

CHAPTER V

GEOGRAPHIC AREAS OF PARTICULAR CONCERN

A. Introduction

B. Types of GAPC

1. Natural Resources Areas of Particular Concern

2. Natural Hazard Areas of Particular Concern

C. Specification of GAPCs

1. Coastal Natural Resource Areas of Particular Concern

a. Wetlands

(1) Description of the Concerns
(2) Planning and Management Program
(3) Priority of Use

b. Spawning, Nursery and Feeding Grounds

(1) Description of the Concerns
(2) Planning and Management Programs
(3) Areas

(a) James River Oyster Seed Beds
(b) Public Oyster Grounds
(c) Blue Crab Sanctuary
(d) Striped Bass Spawning Sanctuaries

C. Coastal Primary Sand Dunes

(1) Description of the Concerns
(2) Plannin.g and Management Program
(3) Priority of Use

d. Barrier Islands

(1) Description of the Concerns
(2) Planning and Management Program
(3) Priority of Use

e. Significant Wildlife Habitat Areas

(1) Description of the Concerns
(2) Planning and Management Programs
(3) Priority of Use

f.* Significant Public Recreation Areas

(1) Description of the Concerns
(2) Planning and Management Program
(3) Priority of Use

9. Sand and Gravel Resources

(1) Description of the Concerns
(2) Planning and Management Program
(3) Priority of Use

h. Underwater Historic Sites

2. Coastal Natural Hazard Areas of Particular Concern

a. Highly Erodible Areas

(1) Description of the Concerns
(2) Planning and Management Programs
(3) Priority of Use

b. Coastal High Hazard Areas

(1) Description of the Concern
(2) Planning and Management Program
(3) Priority of Use

3. Waterfront Development Areas

D'. Areas. for Preservation or Restoration

CHAPTER V

GEOGRAPHIC AREAS OF PARTICULAR CONCERN

A. INTRODUCTION

Population growth in Tidewater has placed great demands on the
Commonwealth's valuable coastal and marine resources. Projected
increases in growth and development clearly dictate that management
and especially planning functions be improved at both local and
state levels. While the impacts of this population increase may be
felt throughout the coastal area, they are particularly intense in
the coastal edges where land and tidal waters meet to form ex-
tremely dynamic, productive, fragile and highly desirable environ-
ments. With the goal of accommodating necessary growth while pre-
serving this environment, the Coastal Resources Management Program
has designated some areas as worthy of special consideration in any
planning or management process; that is, as Geographic Areas of
Particular Concern.

The impacts of past projects and the an *ticipated increasing
pressure to develop the shoreline have combined to produce two
major concerns relative to the use of coastal edges. Projects
which were designed, located and const-ructed wi.thout a sufficient
data base from which to plan, or without knowledge or consideration
,of long range implications, caused undesirable, and in some cases,
unnecessary effects The potential for loss of life and property
is increasing due io the growing concentration of -residents and
structures along the shore where the vulnerability. to coastal
natural hazards is the greatest. To resolve these-and other- con-
cerns, Virginia has assessed the problems and developed various
programs over the years.

The process of identifying and designating geographic areas of
particular concern is viewed as a planning aid for the VCRMP. it
is expected that once the reasons for concern 'are identified and
the impacts from any particular use are determined, decisionmakers
will give special consideration to these areas. The "priorities of
use" associated with each GAPC are advisory in nature.

Many of the GAPCs were developed through a study both of the
environmental functions and values of coastal resources, and of the
hazards in coastal areas. These studies were conducted during the
initial development phases of the CRM Program during the 1970's,
and included contacting numerous state agencies and holding a
series of public hearings. Public hearings were held throughout
the summer of 1978, and in the fall of 1983 all Tidewater Planning
District Commissions were addressed concerning the CRM Program.

V-1

B. TYPES OF GAPCS

1. Natural Resource Areas of Particular Concern

Certain natural resources, such as wetlands, along the coastal
edges are vital to the health and productivity of Virginia's
estuarine and marine ecosystems. Other resources, such as dunes,
are integral to the stability of the shoreline and may protect
inland areas from flooding and high winds. These resources are
also considered coastal resources of state and national
significance. To prepare recommendations for identifying these and
other resources as Geographic Areas of Particular Concern, three
steps were necessary:

0 The environmental functions that are vital to estuarine
and marine ecosystems or are protective in nature had to be
determined;

0 The edge resou 'rces that perform one or more of these
vital functions had to be identified; and

0 Existing management programs had to be identified and
evaluated.

The scientific community generally considers five broad en-
vironmental functions to be either vital to estuarine and marine
ecosystems or of great importance to' areas immediately inland of
the shoreline. These are:

0 Storage of energy, nutrients and.essential materials;

0 Primary production of plant matter needed to 'support
estuarine and marine organisms;

0 Provision of essential or particularly significant habi-
tat for estuarine and marine organisms;

0 Maintenance of water quality; ahd

0 Stabilization and protection of coastal areas against ad-
verse effects of wind and wave action (erosion and flooding).

A review of scientific data pertaining to the environmental
functions and values of various coastal resources indicates that
the following resource types perform one or more of the vital func-
tions outlined above:.

a. Vegetated and non-vegetated wetlands

b. Spawning and nursery areas

C. Coastal sand dunes

V-2

d. Barrier islands

e. Significant wildlife management areas.

In aiddition' to natural resources that perform vital functions
to estuarine and marine ecosystems, there are certain other re-
sources in the coastal zone that need special treatment. Virginia
has recognized the need for their management over the years, and
the appropriateness 'for the inclusion of these resources in the CRM
Program became evident during the development of the Program
Document. These resources areas are:

f. significant public recreation areas

9. sand and gravel deposits

h. underwater historic sites.

2. Natural Hazard Areas of Particular Concern

There are also naturally occurring processes on the shoreline
of tidal waters which may present a hazard to life or property in
Aeveloped areas, or in areas where future development may aggravate
the hazard or become vulnerable due to oversights in location and
construction. As was the case with the determination of resource
areas of particular. concern, certain steps were necessary for the
identification of hazardous processes and the areas vulnerable to
them. These were:
0* The processes and phenomenr*a which may present a hazard'
to life and/or property had to be determined;

0 Geogriphic areas subject to these hazards had to be iden
tified; and

0 Existing protective or mitigatory programs had to be
identified and evaluated.

It is generally considered that the two greatest coastal haz-
ards most amenable to planning and management of a continuing na-
ture are:

0 Continuing and severe erosion; and

0 Potential damage from wind, tidal and storm related
events.

Federal and State authorities have conducted and are con-
tinuing with studies designed to identify areas subject to the
above hazards. As a result of the Virginia Institute of Marine
Science series of Shoreline Situation Reports and the Federal Flood
V-3

Insurance program, . these areas have largely been determined and
are:

a. Highly erodible areas; and

b. Flood plains, notably high hazard areas.

The following is a discussion of individual GAPCs, the nature
of concern and the programs that have been instituted to address
the problems in these areas. In most cases of resource and hazard
areas of particular concern, the definitions also connote their
boundaries. The only exceptions to this are some of the spawning,
nursery and feeding areas. The definition of each GAPC is what may
be termed its generic basis, but where an area physically meets the
requirements of the definition, it is to be considered site speci-
fic.

For the purpose of this discussion, the following definitions
apply:

Preservation: The maintenance, in unaltered form, of any re-
source in its natural state, except when structural methods
are deemed necessary to protect that resource from natural de-
struction.

Co'nservation: The limited (balanced with protection and/or
replenishment) use of a resource, its products or associated
indigenous life, provided the resource itself is not irrevers-
ibly damaged.

3. Waterfkon t Development Areas of Particular Concern

Despite Virginia's extensive coastline there are a limited
number of areas suitable for the accommodation of waterfront devel-
opment activities. As growth and development accelerate in the
coastal area the need to effectively manage those limited areas
also increases. What constitutes an area for waterfront develop-
ment is sovaried and so site and use specific that only the most
general criteria have been established in the VCRMP.

C. SPECIFICATION OF GAPCs

1. COASTAL NATURAL RESOURCE AREAS OF PARTICULAR CONCERN

a. Wetlands

(1) Description of the Concerns

The values and functions of vegetated wetlands are well docu-
mented. A vast majority of the plant matter produced by tidal

V-4

marshes is utilized as a food source either directly by Parsh ani-
mal communities or indirectly by estuarine and marine aquatic or-
ganisms. Many species of commercially and recreationally important
finfish, shellfish and crabs feed upon decayed marsh vegetation
(detritus). Marsh vegetation and as-soci.ated soils help maintain
water quality by removing or chemically altering sediments or pol-
lutants and nutrients from waters which pass over and through them.
Many of these substances are stored in marsh plants and soils and
transformed into organic substances utilized in the aquatic food
web. Tidal marshes also provide essential -habitat for wildlife,
waterfowl, shellfish, finfish, and crustaceans, and act as a pro-
tective buffer agai.nst flooding and erosion.

Despite the absence of vascular vegetation, many non-
vegetated wetlands such as mudflat and sandflat areas may support
algal growth with the potential to exceed the primary production
rates of the most productive marsh plants. Algae is an important
food source for estuarine and marine organisms because it may be
utilized more directly than marsh vegetation which must first be
broken down to usable components by bacterial action (decay). In
addition to primary production of plant material, non-vegetated
wetlands, especially mudflats, are extremely important in the stor-
age and cycling of nutrients. Both mudflats and sandflats mav also
support heavy populations of worms, molluscs, and crustaceans in
addition to the algae, (collectively considered as biomass). Re-
cent evidence indicates that the indigenous biomass associated with
sandflats, even though made up of fewer species, could exceed that
of mudflats if not for the effective "grazing" of organisms depend-
ent on these areas' for food. . At high tide, these areas become
feeding grounds for fish and crabs. At low tide-, they are subject
to "grazing" by many species of birds.

The increasing loss of wetlands, due to the relatively un-
restricted development in wetlands, became of great concern in Vir'-
.ginia. These wetlands were disappearing at alarming rates and
without sufficient regulatory control to,determine the optimum use
of, the resource for the public. Therefore, in 1972 the General
Assembly passed the Virginia Wetlands Act (which was revised in
1982) and thereby formally recognized the importance of wetlands
and the need for their protection.

(2) Planning and Management Program

Though these wetlands are included in the Core Regulatory Pro-
gram because of their location at the edges of the coast'al zone,
they are given special designation as a Geographic Area of Particu-
lar Concern as a result of their worth as a valuable resource.
Through the passage of the Virginia Wetlands Act of 1972, and the
incorporation of nonvegetated wetlands within the Act in 1982, the
state formally recognized the importance of vegetated wetlands and
the need for their protection.

V-5

The Wetlands Act prescribed standards for use in the develop-
ment of wetlands (Virginia Code �62.1-13.3):

"(1) Wetlands of primary ecological significance shall
not be altered so that the ecological systems in the
wetlands are unreasonably disturbed;
(2) Development in Tidewater 'Virgina, to the maximum
extent possible, shall be concentrated in wetlands of
lesser ecological significance, in wetlands which have
been irreversibly disturbed before July one, nineteen
hundred seventy-two, and in areas of Tidewater Virginia
apart from the wetlands."

To implement these standards, the Wetlands Act (Virginia Code
S62.1-13.4) directed the Virginia Institute of Marine Science
(VIMS) to evaluate wetla-nds by type (i.e. their value to the estu-
arine environment) to maintain a continuing inventory of those wet-
lands, and to set forth the consequences of use of these wetland
types. Wetlands are defined by the Act (Virginia Code S62.1-13.2)
as indicated in Chapter III. These resources are delineated in the
series of Shoreline Situation Reports and the Tidal Marsh Inven-
tories as published by VIMS, and the resources will be monitored
for changes.

The Act authorizes localities to guide development An wetlands
through the adoption of local wetlands zoning ordinances, the crea-
tion of wetlands boards, and the institution of wetlands permit
programs.' Training @Lnd technical assistance in implementing the
wetlands act at the local level is provided by MRC and VIMS. VIMS
staff provide an envi-ronmental assessment of each permit to local
boards. Localities, MRC and VIMS all encourage pre-submission con-
sultation to prospective applicants. In the absence of local ac-
tion, the Act authori;@es the Virginia Marine Resource.s Commission
to directly manage and permit wetland activities. The Marine Re-
sources Commission is required to review all local decisions and is
empowered to hear or make appeals of the local d iecisions and modify
or reverse local decisions where necessary to enforce the purposes
of the Act. Lastly, the Act establishes a process whereby local or
State wetlands permit decisio.ns may be appealed to the courts.

In addition to Virginia's wetlands permit requirements, any
person proposing a project that will involve alteration of wetlands
must also obtain a permit from the U.S. Army Corps of Engineers.
The Corps' permit authority emanates from Section 10 of the Rivers
and Harbor Act of 1899 and Section 404 of the 1972 amendments to
the Federal'Water Pollution Control Act.

(3) Priority of Use

In order of consideration from highest to lowest, the priori-
ties of use in wetlands are:

(1) Preservation

.(2) Conservation

V-6

(3) Recreation (hunting, fishing, fowling)

(4) Agricultural (Grazing)

(5) Development

Development in wetlands is the lowest priority use of these
areas, and the state discourages such action.

b. Spawning, Nursery and Feeding Grounds

(1) Description of the Concerns

Every year, Virginia's estuaries teem with millions of young
crabs and fish that were born in and near its estuarine waters and
migrated to brackish water for protection, favorable growing con-
ditions and food. They live there for the first months of their
life and migrate back to the ocean as juveniles. The vital role of
estuaries in the life cycle of these organisms is one of the best
reasons for the judicious use and planning of the coastal environ-
ment.

Maintenance of the biological productivity and integrity of
Virginia's valuable fisheries requires the protection of those
areas wit.hin coastal waters that serve as spawning, nursery, and
feeding areas for finfish, shellfish and crustaceans. These areas
are difficult to identify and delineate because they vary among the
major cla sses of organisms and by species. Location of these areas
is especially difficult in the case-of finfish because of their mo-
bility and because each species requires different water condi-
tions, and these requirements vary with their individual life-
stages.

(2) Planning and Management Program

Currently, several State agencies are actively involved in
fisheries research, management of fishery stocks, regulation of
f ishing activity, and - protection of important fishery habitats.
The most active of these agencies include the Virginia Institute of
Marine Science, the Virginia Marine Resources Commission, Bureau of
Shellfish Sanitation (State Health Department), Commission of Game
and Inland Fisheries, State Water Control-Board, and the State Soil
and Water Conservation Commission. Authority existing in the Code
of Virginia relating to the research, management jurisdictions and
responsibilities of these agencies (especially Titles 28.1 and
62.1) provide sufficient State authority to protect essential fish-
ery areas as they are identified.

The locations of major spawning and nursery areas for oysters,
blue crabs and striped bass in Virginia are well documented, and
receive* special protection.. The following is a description of

V-7

these identified Geographic Areas of Particular Concern and the
protection provided to them. Statutes pertaining to these areas
are contained in Laws of Virginia Relating to the Marine Resources
of the Commonwealth.

(3) Areas

(a) James River Oyster Seed Beds

The oyster seed beds of the James River provide the majority
of the. oyster seed used in, Virginia's portion of the Chesapeake
Bay, and are of crucial impo rtance to the oyster industry of- Vir-
ginia. For these reasons, the James River seed beds have long been
protected and managed for a high yield of seed oysters. The pro-
tected beds are located in the mid to lower salinity water of the
James River, and are specifically delineated in �28 .1-98, (see
Appendix 111-2). A permit from the MRC is required prior to the
removal of any seed oysters from these beds (Virginia Code
�28.1-97). in addition the length of - the harvesting season is
specified, and only hand collecting or hand tonging is allowed
(Virginia Code 528.1-82).

In oi-der of consideration from highest to lowest, the priori-
ties of use for James River oyster seed beds are:

1) Conservation;

2) Commercial and Recreational Fishing; and

3) Development (dredging).

Dredging in seed bed areas is the lowest priority use of these
areas, and the state discourages such action.

(b) Public Oyster Grounds

Article 3 of the Constitution of Virginia protects the state's
natural oyster beds for the use of the general public. The oyster
rocks in Virginia which produce oysters through the natural strike
of oyster larvae were surveyed in 1894-95 and are called Baylor
Grounds (Virginia Code 528.1-100). these Baylor Grounds and addi-
tional grounds are set aside by the General Assembly and are desig-
nated on maps maintained by the Engineering and Surveying Section
of the Fisheries Management Division of the Marine Resources Com-
mission. Seasons and harvesting gear are regulated by the MRC
(Virginia Code �28.1-82) to maintain healthy populations on the
rocks. Records of oysters harvested are kept (Virginia Code
528.1-92) and taxes are used to replenish these areas with clean
shell upon which oyster larvae attach (�28.1-94). Thus the MRC
maintains strict authority over and control of use of these natural
rocks.

V-8

In order of consideration from highest to lowest, the
priorities of use for Baylor Grounds are:

1) Conservation;

2) Commercial and Recreational Fishing; and

3) Development (dredging).

Dredging in Baylor Grounds is the lowest priority use of these
areas, and the state discourages such action.

The mouth of the Chesapeake Bay is designated as an area of
particular concern for the taking of crabs during the period from
June Ist until September 15th. This area represents the major
spawning grouncl for the blue crabs of the Bay, and the spawning
primarily occurs during this time interval. For these reasons the
commercial narvesting of crabs from this delineated area is pro-
bibited during this time interval (Virginia Code 528.1-170). The
noncommercial catching of crabs in this area is relatively insig-
nificant due to the rough open-water nature of the area and thus is
permitted.

In order of consideration, the priorities of use for the blue
crab sanctuary are:

1) Preservation;

2) Conservation.

.(d) Striped Bass Spawning Sanctuaries

Striped bass spawn in fresh water of the upper reaches of most
of the major tidal rivers of Virginia. Due to the recent declines
in their populations, measures have been taken to improve their re-
productive potential. The upper tidal reaches of the James,
Pamunky, Mattaponi and Rappahannock Rivers are designated as areas
of particular concern for striped bass during their spawning period
f rom April 1 through May 31. No striped bass may be taken from
these designated areas during these times, and any that are caught
then must be immediately returned to the water. This regulation is
enforceable by the MRC and CGIF, and provides the needed protection
to ensure compliance on the part of sport and commercial fisher-
men.

In order of consideration from highest to lowest, the priori-
ties of use for striped bass spawning sanctuaries are:

.1) Preservation;

V-9

2) Conservation;

3) Seasonal Commercial and Recreational Fishing.

C. Coastal Primary Sand Dunes

(1) Description of the Concerns

Sand dunes serve several vital functions, the most 'important
of which are stabilization of the shoreline and protection of the
beach and backshore areas from erosion and the effects of storm
surge flooding. Further, dunes help promote the growth of
vegetation and subsequently stabilize backshore areas, providing
important habitat and reservoirs of sand for beach replenishment.
The dunes are the result of fragile environmental balances, because
many of the stabilizing plants are living at the extreme of
environmental tolerances and can be easily 'disrupted. Thus
indescriminate development in these dunes can cause the loss of
these vital resources.

(2) Planning and Management Program

The Coastal Primary Sand Dune Protection Act' (Virginia Code
562.1-13.21 through 62.1-13.28, see Appendix 111-2) incorporates a
permitting process concerning alterations of dunes into the estab-
lished permitting system of the'Wetlands Boards. The Act -provided
localities with the option of administering the Act's policies and
provisions. Local Wetlands Boards were authorized with primary.
authorities and responsibility to review projects in sand dunes,
and to grant or deny permission to alter such dunes in accordance
with the policies of the Act. The Virginia Marine Resources Com-
mission (MRC) retains oversight of the program, and is required to
administer the permitting program in localities that choose not to
administer the Act.

These sand dunes, as defined in the Act, are fully described
in Chapter III, but basically they consist of a mound of unconsoli-
dated (sandy) soil with a 10% or greater change in grade upon which
certain types of vegetation are growing. In Virginia, the primary
distribution of coastal sand dunes is along the Atlantic shores of
Virginia Beach and the Eastern Shore. Isolated dunes can also be
found along the shores of the Cities of Hampton and Norfolk. The
specific locations of the dunes appear in the Shoreline Situation
Reports of VIMS.

V-10

(3) Priority of Use

In order of considerat ion f rom highest to lowest the pr ior i -
ties of use for coastal dune systems are:

1) Preservation;

2) Conservation;

3) Recreation (which does not alte.r the dune or damage its
vegetation); and

4) Development.

Development in coastal dune systems is the lowest priority use
of these areas, and the state discourages such action.

d. Barrier Islands

(1) Description of the Concerns

Virginia's barrier island complex includes the least altered
chain of barrier islands on the east coast of North America. As
such, this 60-mile island chain constitutes a unique and priceless
asset to the Commonwealth. The islands act as an important buffer
against coastal storms and protect the extensive wetland areas and
mainland lying biahind the islands from erosion, flooding, and de-
struction. In addition, these islands, and the dune systems found
on them, serve as storage units for. sand and other sedimentary
materials utilized in coastal processes along the island chain.
The islands and the important resources found on or around the
island (vegetated and non-vegetated wetlands, and dunes) also'pro-
vide food and/or habitat for numerous species of fish, birds, par-
ticularly waterfowl, and other organ 'isms. Development in these
islands can cause serious ecological damage due to -the limited
space available for wildlife use.

(2) Planning and Management Program

For purposes of the GAPC elements, Virginia's barrier islands
complex is defined as the group of eighteen islands located along
the Atlantic Ocean -side of the Eastern Shore which includes Assa-
teague (Virginia portion), Wallops, Assawoman, Metomkin, Cedar,
Paramore, Revel, Sandy, Hog, Rogue, Cobb, Wreck, Godwin, Ship
Shoal, Myrtle, Mink, Smith, and Fisherman's Island. These islands
are accurately delineated on USGS topographic maps.

V-11

Existing management programs affecting use of the barrier
islands are numerous and relate primarily 'to ownership. Three of
the islands, Assateague, Wallops, and 60 percent of Fisherman's,
(the remaining 40 percent is a privately owned hunting lodge) are
federally owned and managed. Wreck Island is owned and protected
by the Commonwealth of Virginia. Assawoman and part of Cedar Is-
land are privately owned, in the first case by an individual, and
in the case of Cedar, by hundreds of individuals. Smith and Hog
Islands also have privately owned individual lots. The remaining
portion of Hog and Cedar Islands and the other eleven islands are
owned and managed collectively by The Nature Conservancy as the
Virginia Coast Reserve.

Virginia recognizes the valuable protection afforded to these
barrier islands through their ownership by tederal and private or-
ganizations dedicated to the protection and conservation of these
islands. In addition to protection afforded by their respective
owners, the barrier islands are subject to existing State and fed-
eral resource management programs affecting shorelands (wetlands),
State waters, and State bottoms (subaqueous lands).

(3) Priority of Use

As can be seen, barrier islands contain many areas which have
already been determined as GAPCs, and the priorities of use in each
reference area are the same. However, each island as an entity is
also being considered a GAPC. Each island is an ecosystem unto it-
selfi consequently. activity in-one-portion may well affect the en-
tire island. Therefore the. highest priority of use of the barrier
islands is Preservation.

Uses of lower^priority are:

1) Hunting, fishing And fowling;

2) Recreation, including but not limited to boating, camping
and picnicing; and

3) Research of coastal processes, including testing of ero-
sion abatement techniques.

e. Significant Wildlife Management Areas

(1) Description of the Concern

Game animals in the coastal zone receive high hunting and
fishing pressures, and consequently. their populations can become
quite diminished. These hunting and fishing areas are needed to
provide recreation for the public, yet management is needed to en-'
sure healthy standing populations of the animals.

V-12

.(2) Planning and Management Programs

In response to this need for highly managed hunting and fish-
ing areas, the Commi,�s'ion of Game and Inland Fisheries (CGIF) se-
lects and purchases Wildlife Management Areas (WMAs) as areas fo ' r
the preservation and propagation of wildlife (Virginia Code
�29-11). Currently there are ten WMAs in the coastal zone, and
their locations are delineated in the CGIF's publication A Guide to
Virginia's Wildlife Management Areas. The-CGIF continually search-
es for new WMAs with sufficient size and suitable habitat quality
to support desired wildlife populations. The CGIF manages these
areas for optimum wildlife populations, and is vested with enforce-
ment (Virginia Code �29-13) and prosecution (Virginia Code 529-14)
powers concerning the protection, propagation and preservation of
game birds, game animals and game fish within these areas. Monies
received from the sale of hunting, trapping and fishing licenses
are used toward the purchase of these WMAs (Virginia Code �29-20).

(3) Priority of Use

In order of consideration, the priorities of use in Signifi-
cant Wildlife Management Areas are:

1) Conservation; and

2) Recreation (hunting, fishing, fowling).

f. Significant Public Recreation Areas

(1) Description of the Concerns

The Commonwealth of Virginia is rich in natural and cultural
resources which provide the basic resources for outdoor recreation
opportunities, However, some of these resources present certain
problems or issues which hinder or limit their utilization for rec-
reation. With the continually burgeoning population of the coastal
zone, the need to properly eliminate these hinderances toward use,
and the need to anticipate and plan for recreational needs in the
future becomes mandatory.

(2) Planning and Management Program

The Virginia Outdoors Plan (VOP) is the planning process by
which the Commonwealth describes problems, and develops objectives
and policies applicable to significant public recreation areas.
The VOP is endorsed by the Governor as the State Comprehensive Out-
door Recreation Plan (SCORP).

V-13

The VOP/SCORP is updated on a five-year cycle, having been
originally issued in 1965 with updated versions produced in 1970,
1974, 1979 and 1984. The inventory of recreational areas is
continual-iy revised on field sheets by local parks and recreation
officials, local and regional planners, extension agen 'ts, and state
agency planners. Division of Parks and Recreation planners
integrate the revisions by discarding duplicated information,
researching missing data and updating the data bank at Virginia
Commonwealth University. From the tabulated differences between
inventoried facilities available for use and statistical demand
estimates, planners describe the means to improve the use of
existing areas, and determine where new areas are needed. The 1984
Plan projects needs for land and facilities to the year 2000.

To provide significant public recreation areas, the Director
of Conservation and Economic Development, with the approval of the
Board of Conservation and Economic Development, may purchase areas
of scenic beauty, recreational utility, historical interest,
remarkable phenomena, or any other unusual features (Virginia Code
510-21). The Virginia State Parks thus acquired within the coastal
zone are designated as Geographic Areas of Particular Concern. The
system includes 14 state parks and natural areas in the coastal
zone, and serves a variety of basic recreational needs within an
hour's drive of major population centers, thus preserving and
managing for public enjoyment a cross-section of the best examples
of scenic natural resources., The state continually reviews
proposed areas for their acquisition. by, or acceptance into, the
Division of State Parks program. Park Rangers are authorized
(Virginia Code 510-9) to enfor(3e the regulations established for
the protection of the parks.

Some park areas are acquired by the state for the purpose of
wildlife conservation or to provide sanctuarX to critical wildlife
areas., For instance, the Charles C. Steirly Heron Rookery was do-
nated to the.state to preserve one of the few remaining heron rook-
eries in the state. False Cape State Park is one of the few re-
maining undeveloped areas along the Atlantic Coast, and provides
a haven for wildlife, especially for migratory birds using the
Atlantic Flyway. Wreck Island is one of the barrier islands sep-
arating the Eastern Shore from the Atlantic Ocean, and it provides
a haven for wildlife including otter, mink, raccoon, and nesting
shore birds. An area of Caledon State Park provides limited public
access in order to protect the large number of bald eagles that
nest or stop over there.

(3) Priority of Use

In order of consideration from highest to lowest, the priori-
ties of use in the State Parks are:

1) Recreation (hunting, fishing, fowling, swimming, educa-
tion, camping, picnics, day use, etc.);

V-14

2) Education,

3) Conservation; and

4) Preservation.

9. Sand and Gravel Resources

(1) Description of the Concerns

High quality sand and gravel deposits are valued resources in
the coastal zone. Unless properly conducted, however, the mining
of these mineral resources can result in a variety of environmental
impacts. State regulatory programs are designed to control or
eliminate the types of probl-ems discussed below.

The improper mining of sand and gravel from subaqueous bottom
lands can result in numerous problems. The destruction of valuable
subaqueous habitat can occur, either by - direct physical destruc-
tion, or by heavy sedimentation of surrounding areas. If mining
operations are of a sufficiently large scale, it is conceivable
that the pattern of currents in the estuary could be affected,
which in turn can affect salinity patterns, settlement of marine
larvae, etc. Other potential problems resulting from indiscrimi-
nate siting of subaqueous mining operations might include the cut-
ting of subaqueous cables, pipelines, etc.

The improper mining of sand and gravel from upland areas can
also cause numerous. problems. A major environmental concern is
that the reclamation of the land be undertaken so that it can be
used later for another purpose.

Ungraded open pits pose the danger of collapse and have little
use.. Mined areas that fill in with water to only a very shallow
depth can cause stagnant water conditi "ons that act as large breed-
ing areas for mosquitoes. Scrap metal, lumber and other debris are
unsightly, and can pose a safety hazard when left behind after a
mining operation. In addition, the actual mining operation, if not
visually screened, can be of aesthetic concern to people living in
the vicinity of the mine.

Another major concern with the upland mining of sand and
gravel is the erosion and sedimentation that can occur. If proper
drainageways are not constructed, not only can excessive erosion
within the drainageway occur, but flooding can occur where adequate
drainage is not provided. Where disturbed soils on slopes occur, a
tremendous amount of sediment can be washed into streams unless
some sort of filtering or settling mechanism is provided.

Another concern of upland sand and gravel mining is the poten-
tial for air pollution by dust. Dust can be thrown up into the air
both during the mining operation, and by the trucks hauling mate-
rials from the site.

V-15

(2) Planning and Management Program

As indicated in Chapter III, the Virginia Marine Resources
Commission (MRC) has statutory authority (�62.1-3 Virginia State
Code, see Appendix 111-2) over the taking of materials from the
beds of the bays and ocean, rivers, streams and creeks that are the
property of the Commonwealth. Thus, prior to the mining of sand
and gravel from subaqueous lands, a prospective mining operation
must rece.ive a permit from the MRC. For' an explanation of the
guidelines used by the MRC in the granting of permits for projects
affecting subaqueous lands, see Chapter III.

The Minerals Other Than Coal Surface Mining Law (Virginia Code
545.1-180 et seq., see Appendix 111-2) provides the Department of
.Mines, Minerals and Energy (DMME) with enforcement authority over
numerous aspects of the mining of sand and gravel. This act pro-
vides DMME with authority over three major areas of concern in up-
land areas as discussed above: reclamation, erosion and sedimenta-
tion; and acid mine drainage.

The DMME's authority over mined land reclamation enables it
to require the land be graded so that it does not present a safety
hazard, and so that it can be reused for other purposes. If sand
or gravel is mined from below the water table, the resulting pond
or lake formed after mining is completed must be at least 4 feet in
depth, thus ensuring that no stagnant shallow areas are created.
Scrap metal and lumber from the mining operation must be removed
from the site once mining is terminated. In addition, during
mining* operations, screening shall be planned to effectively
eliminate' or favorably modify an unsightly view , of mining
operations.

All mining operations must have adequate drai *nage, erosion and
sediment control measures. The Virginia Surface Mine Drainage and
Sediment Control Handbook, contains approved design methods and
technical standards. for de@�ign and construction for drainage and
sediment control measures. Alternate methods and designs of sedi-
ment and drainage control structures other than those contained in
the Handbook may be submitted with appropriatedesign data and con-
struction specifications for approval.

To prevent harmful releases of acidic water from any surface
mining operation, the pH of water draining from these mines must
generally be between a pH of 6 and 9.

In addition to the DMME's regulatory authority over sand and
gravel mining, there are two state agencies that regulate pollutant
emissions from these operations. The SWCB will apply either NPDES
permit requirements on any discharge from the operation, or No-
Discharge Certificate requirements, if there is the potential for a
discharge from the site even if none is proposed. Both of these
SWCB permits are discussed in detail in Chapter III, Section 7. The
State Air Pollution: Control, Board (SAPCB) regulates dust emissions

V-16

to the atmosphere from sand and gravel mining facilities. Regula-
tions for existing sources, and regulations for new and modified
sources provide guidelines for regulating dust problems. Gen-
erally, these regulations allow the SAPCB to regulate dust problems
arising both due to hauling materials and to mining practices, in
addition to other dust pollution problems that might arise.

(3) Priority of Use

In order of consideration from highest to lowest, the priori-
ties of use for sand and gravel deposits are:

(a) Conservation

(b) Development

h. Underwater Historic Sites

(1) Description of the Concerns

Virginia has a long and colorful history, and as such, there
are a number of historical sites of interest in the coastal zone.
Some of the historical sites are underwater. Of these, some are
submerged as a result of the continual rise in sea level (the orig-
inal site of Jamestown Island is now submerged). Others, inore com-
monly, are sites where ships have sunk. . Since these historical
sites are underwater, they'are more difficult for archaeologists t*o
recover the artifacts, and must remain in place until sufficient
funds become- available for their removal and display. Further,
since it has become popular to dive for these artifacts, the his-
torical sites of interest to the state must be protected from ran-
dom disturbances and looting, the indescriminate dredging of sub-
aqueous material or other disturbances of the submerged lands.

(2) Planning and Management Program

The Virginia Marine Resources Commission (MRC) has specific
statutory authority over the taking of underwater historic property
062.1-3 and SIO-262 in Appendix 111-2). Underwater historic prop-
erty is defined as any submerged shipwreck, vessel, cargo, tackle
or refuse sites or submerged sites of former habitation, that has
remained unclaimed on the state-owned subaqueous bottom and has
historic value as determined by the Virginia Historic Landmarks
Commission.

Nothing in the Virginia Code may be construed to divest the
United States of any property interest in submerged property owned
by the United States, nor may restrict the right of the United
States to engage in salvage of any such property, unless the Fed-
eral government has affirmatively disclaimed title to the pro-
perty.

Underwater historic property is preserved and protected, and
is the exclusive property of the Commonwealth. Its preservation
and protection is the responsibility of the state, primarily the

V-17

MRC, Department of Conservation and Historic Resources (DCHR) , and
the Virginia Institute of Marine Science (VIMS) . As far as is
practical, these artifacts and sites are preserved, protected and
displayed for the public benefit within the county or city within
which they are found.

Anyone desiring to conduct recovery operations or to disturb
underwater historic property in any way must first apply for and
receive a permit from MRC. If the MRC, with the concurrence of the
VHLC and in consultation with VIMS and other concerned state agen-
cies, finds that granting the permit is in the best interest of the
State, it grants the applicant a permit. Permit conditions require
that all objects recovered be the exclusive property of the state,
and that the applicant ree eive either a fair share of the objects
recovered, or a reasonable percentage of their cash value. Re-
covery operations undertaken pursuant to such a permit are carried
out under the general supervision of the VHLC to ensure that the
maximum amount of historic, scientific, archaeologic and educa-
tional information is recovered and preserved.

(3) Priority of Use

In order of consideration from highest to lowest,. the priori-
ties of use of underwater historic sites are:

1) . Preservation

2-) Conservation

3) Recreation (Diving)

4) Development .

Development over or dredging in underwater historic sites is
the lowest priority of use of these areas, and the state dis-
courages such action.

2. COASTAL NATURAL HAZARD AREAS OF PARTICULAR CONCERN

a. Highly Erodible Areas

(1) Description of the Concern

Shoreline erosion is primarily a natural phenomenon produced
by the effects of changes in sea level and waves (wind, tide, and
storm driven) on coastal shorelines. The nature and extent of
shoreline erosion in Tidewater Virginia have been well documented
through research efforts of the Virginia Institute of Marine
Science (V.IMS). Historical studies conducted by VIMS indicate that
during the period 1850-1950 over 28,000 acres *of coastal land were
lost due to shoreline erosion. This represents an average loss of

V-18

280 acres per year. Recent estimates made by VIMS staff indicate
that current average annual losses exceed 300 acres per year.
Severe problems arise in areas where erosion is consistently prev-
alent with no seasonal accretion to mitigate the total effect.

While shoreline erosion contributes to direct physical de-
structica of ecologically important coastal resources and often.im-
pairs aquatic habitat and organisms through sedimentation, it has
been and will probably continue to be considered a major coastal
problem mainly because of its impacts on the man-made environment.
Shoreline erosion poses a significant threat to coastal property
owners because it often results in the loss and/or impairment of
land and structures representing significant public and invest-
ments. Because the potential for and severity of impacts to both
natural and man-made' environments may increase dramatically with
the extent and rate of erosion, it is essential to identify shore-
line segments that are exhibiting high rates of erosion and to
develop effective means to minimize the effects of erosion in these
areas.

(2) Planning and Management Programs

Planning for highly erodible areas will be accomplished
through local comprehensive plans and zoning, with considerations
given to the inherent danger to certain types of development, not-
ably residential and ind ust r lal /commercial, upon locating in these
areas.
The Commonwealth of Virginia, by Section 21-11.16 of the Code
of Virginia, has recognized the significance of the erosion prob-
lem. The General Assembly has declared that:

"The shores of the 'Commonwealth of Virginia are a most
valuable resource that'should be protected from erosion
which reduces the tax base, decreases recreational.
opportunities, decreases the amount of open space and
agricultural lands, damages, or destroys roads and
produces sediment that damages marine resources, fills
navigational channels, degrades water quality and, in
general, adversely affects the environmental quality;
therefore, theGeneral Assembly hereby recognizes shore
erosion as a problem which directly or indirectly
affects all of the citizens of this State and declares
it the policy of the State to bring to bear the State's
resources in effectuating effective practical solutions
thereto. (1972, c, 855)"

Section 21-11.18 of the same article vests the Soil and Water Con-
servation Commission with the duty and responsibility to identify
and evaluate solutions to erosion problems, to coordinate and eval-
uate all State erosion abatement programs, and to secure assistance
from the federal government in the protection of waterfront pro-
perty.

V-19

Highly erodible areas, as shown in Appendix V-2 are defined as
those shoreline segments exhibiting an erosion rate equal to or
greater than 3 feet per year.

In 1980 the General Assembly amended the Shore Erosion Control
Act and established the Shoreline Erosion Advisory Service (SEAS)
with offices in Tidewater (�21-11.19). SEAS provides technical as-
sistance to private property owners experiencing erosion problems.

Also in 1980, the General Assembly passed the Public Beach
Conservation and Development Act which established the Public Beach
Conservation and Development Commission (Virginia Code �10-215
through 510-222). The Commission is empowered to determine beaches
suffering from erosion, and to provide monies to --those localities
most in need of relief . The Commission provides technical advice
to localities and is charged with the responsibility of encouraging
research and development of new erosion control techniques. At the
same time that SEAS and the Public Beach Conservation and
Development Commission were chartered, the General Assembly
directed the Virginia Institute of Marine Science to engage in
research and providing training', technicalassistance and advice on
erosion along tidal shorelines to these bodies and other agencies.

(3) Priority of Use

In.o ,rder of consideration from highest to lowest, the priori-
ties of use for highly erodible areas are:

1) Preservation;

2) Cons ervation;

3) Recreation; and

4) Development.

b. Coastal High Hazard Areas

(1) Description of the Concern

There is a significant State concern over the vulnerability of
coastal residents to the harmful effects of flooding. The destruc-
tive effects of coastal flooding. are most frequently felt in low
lying land bordering the Atlantic Ocean, Chesapeake Bay and associ-
ated tributaries. The area of particular concern in this case is
the coastal high hazard area, defined as those portions of the
100-year flood (or base flood) plain that may be subjected to high
velocity waters including hurricane wave wash and tsunamis.

V-20

The "northeaster" which battered Tidewater and other parts of
the state in late April, 1978, also produced severe damages.
Estimates by the Virginia Office of Emergency Services indicate
that storm-related damages in Northumberland, Lancaster,
Gloucester, York and Isle of Wight counties and the cities of
Poquoson, Hampton, Norfolk, and Virginia Beach exceeded 10 million
dollars.

(2) Planning and Management Program

Currently, several programs exist which attempt to prevent or
minimize damages that may result from coastal flooding. Direct
federal involvement in flood damage abatement has occurred through
passage and implementation of the National Flood Insurance Act of
1968, the Housing and Urban Development Act of 1969 and the Federal
Flood Disaster Protection Act of 1973. These acts authorize the
sale of federally subsidized flood insurance to local citizens
living in designated flood plains under . the provision s of - the
emergency or regular National Flood Insurance Program. Howeveri
insurance availability within a particular locality is contingent
upon adoption and enforcement of flood plain use controls by the
locality. Entrance of a locality into the regular program, which
provides a greater degree of insurance coverage, requires adoption
of more stringent flood plain, zoning ordinances by the locality.
As of June 1, 1984 66 Tidewater localities (towns, cities and
counties) were participating in the flood insurance program, 37 of
which were enrolled in the regular program. ' While 25 Tidewa:ter
localities were not participating in the flood insurance program,
only 9 are prone to periodic flooding -- 3 of which have only minor
floodplain areas.

The Virginia Flood Damage Reduction Act of 1977 (see Appendix
111-2, $62.1-44.108 et seq. of the Virginia Code) is intended to
guide development in flood plains by assisting and encouraging
localities to adopt, administer and enforce sound flood plain ordi-
nances to qualify them for participation in the regular National
Flood Insurance Program. The State Water Control Board is charged
with carrying out the purposes of the Act and.periodically inspects
local flood plain management programs to ensure their effective-
ness, and establish guidelines for action that assures local citi-
zens of the opportunity to purchase insurance under the regular
program.

V-21

Several actions have been taken to implement this Act. First,
on November 26, 1973, the State Board of Housing amended the State-
wide Building Code to set forth special mandatory f-loodproofing re-
quirements for all new construction within designated flood plains.
A subsequent amendment, adopted June 19, 1978 included more strin-
gent requirements for construction within coastal high hazard
areas. While these floodproofing requirements were adopted for
statewide application, they are not effective until high hazard
areas have been determined by each local government. Detailed
delineation of the high hazard areas is currently being undertaken
by the Federal Emergency Management Agency (FEMA) with efforts com-
pleted in 13 communities. At present, historical records are being
used to delineate coastal flood plains until these studies by FEMA
are completed. Upon their completion-, both the 100-year flood
plain and the high hazard areas will be delineated accurately.

The State Water Control Board is now providing localities with
a model Flood Plain Zoning Ordinance. Because localities must
adopt and enforce a similar ordinance in order to qualify for par-
ticipation in the regular National Flood Insurance Program, the
Board's model ordinance can help localities in meeting the require-
ment. While local adoption is not mandated by the State at pres-
ent, it is required by the Federal Flood Insurance Administration,
for participation in the National Flood Insurance Program.

In summary, planning of high hazard areas for localities will
be accomplished through local comprehensive plans and zoning, with
considerations given to the inherent, danger to certain types of
development, notably'. residential and industrial /commercial, upon
loca'ting in these areas. Management of coastal high hazard areas
.rests with the locality through decision.s; made on. development in
these areas and with the Commonwealth through strict adherance to
building codes. The federal government has' provided considerable
disincentives for improper development and specific guidelines for
acceptable development in its Federal Flood Insurance Act pro-
visions.

It is Commonwealth policy to lessen the risk of flood losses
in connection with state lands and installations, and state and/or
federally financed or supported impr-ovements. Pursuant to state
Policy Memorandum Number 3-78, Flood Plain Management Program for
State Agencies (Appendix V-3).' certain requirements have been
established for state agencies. All state agencies directly re-
sponsible for the construction of buildings, structures, roads or
other facilities are to evaluate flood hazards wherf planning the
location of new facilities and to preclude the uneconomic, un-
necessary or unnecessarily hazardous uses of flood plains. If con-
struction must occur in flood plains, then it must comply with the
Statewide Building Code and 51910.3, 1910.4 and 1910.5 of the
National Flood Insurance Regulations. Transportation facilities
that must be located in floodways are to be constructed so that
they, and all other existing or foreseeable facilities, do not
raise the level of floodwater more than one foot.

V-22

(3) Prioritz of Use

As was the case with highly erodible areas, the States' prime
interest in treating high hazard areas as a GAPC is the protection
of life and property. Thus, priorities are tailored toward uses
that will promote the protection of life and property.

1) Preservation;

2) Conservation;

3) Recreation; and

4) Development.

The Virginia Department of Emergency Services conducted a
3-year effort dealing with coastal hazards. Maps indicating hurri-
cane risk areas, hurricane preparedness plans for local governments
and a handbook for hurricane hazard mitigation were produced. The
handbook, Disaster Preparedness Handbook, Hurricane Hazard Mitiga-
tion in V177@ginia contains such information as setback lines and
improved building standards.

3. WATERFRONT DEVELOPMENT AREAS OF PARTICULAR CONCERN

a. Description of Concerns

This class of APC is included in Virginia's program because of
the great economic and social value assigned to waterfront develop-
ment areas such as ports, commercial fishing piers and community
waterfronts. Because of the'limited availability of such areas and
the pressures brought to bear on their development it is essential
that they are managed as effectively as possible.

b.. Planning and Ma@nagement Program

The designation of an area as this type of GAPC will be a,pos-
sibility open to local governments and regional authorities under
the VCRMP. The management of such areas is already the responsi-
bility of local governments and some regional authorities. Desig-
nation will allow federal CZMA funds to be used to assist planning
for such areas and the implementation of those plans.
Any local government' or regional authority wishing to appl y
for waterfront development funds through the VCRMP must request
that the area be designated a Waterfront Development APC. The pub-
lic benefits to be derived from the designation of the area must be
identified and substantiated. Public benefits would include such
things as increased recreational access, creation of new local em-
ployment, provision fo docking and marketing facilities for local
watermen, etc.

V-23

The request for designation of an area as a Waterfront Devel-
opment APC will be part of any application that a local government
or regional authority will make for funds to be applied to such an
area. The COE Administrator will make the decision on designation
as the first step in the application review process. Once desig
nated an area will remain on the APC list which will be reviewed
periodically by COE staff. Designation-of an area does not mean an
associated application has been either accepted or rejected.

In order to be designated as a Waterfront Development APC an
area must meet the following criteria:

0 There is a comprehensive development and management plan for
the area or provision has been made or is being made to.create
such a plan.

0 All local, state and federal envi ronmental requirements have
been met or will be met.

0 There is adequate access for the intended uses of the area or
provision has been made or is being made for such access.

0 Full public participation in the planning and development
phases for the area has been and will continue to be en-
couraged and facilitated.

C. Priorities of Use

This type of APC -is a development and/or. redevelopment APC.
The VCRMP recognizes 'two broad classes of priority uses for water-
front development APCs with the first class having'by far the high-
est priority:

(1) Water access dependent activities

(2) Activities significantly enhanced by a waterfront
location and complementary to other existing and/or
planned activities in a given waterfront area.

Specific alternative uses for an area and the specific priorities
of use for that area wbul.d have to be part of the information pro-
vided by a local government in its attempt to have an area desig-
nated as an APC.

V-24

D. Areas for Preservation or Restoration

Virginia has numerous mechanisms for the preservation or res-
toration of areas. Such areas receive special attention by the
state for conservation, recreational, ecological and aesthetic
values.

Section C of this chapter (Specification of APCs) outlines
both the criteria and the procedures by which designations are made
for the following areas receiving this special attention: wet-
lands; certain spawning nursery and feedi-ng grounds; coastal pri-
mary sand dunes;' barrier islands; significant wildlife habitat
areas; public recreation areas; and highly erodible areas. The
criteria for the designation of these APR's are the same as for
APC's. Since all of the sites are defined by Virginia statute, all
existing areas, such as wetlands, are included by definition, as
would be any newly created wetland, acquired public recreation area
or other such site.

V-25

CHAPTER VI

SHOREFRONT ACCESS PLANNING

AND PROTECTION

A. Introduction

B. General Policies

C. Virginia Outdoors Plan

D. Parks, Natural Areas and Wildlife Management Xreas

E. Waterfront Recreational Land Acquisition

F. Waterfront Recreational Facilities

G. Wetlands and Bottomlands Protection

H. Waterfront Historic Properties

CHAPTER VI

SHOREFRONT ACCESS PLANNING AND PROTECTION

A. INTRODUCTION

Virginia's coastal lands and waters have long been considered
a valuable recreational, as well as commercial,, resource. Through-
out the Commonwealth's history, citizens have used Virginia's ' coast
for fishing, boating, sunbathing and simply enjoying the atmosphere
provided by the land-water-sky interface. Few people however, have
been fortunate enough to own waterfront property. Consequently,
most people have to rely on the government, in the case of public
beaches, or private industry in the case of marinas, for access to
the coast.

Recreational activities in coastal areas are dependent upon
two types of access: access to the shoreline and also access to
the water. Virginia's shoreline is utilized for surf fishing, sun-
bathing, picnicking, camping, hunting, and beach walking and jogg-
ing. Other recreational activities extend into the coastal waters
beyond the shoreline, such as fishing, surfing, hunting waterfowl,
swimming, and sailing and boating. Access to the shoreline is a
common requirement of all coastal recreation activities. However,
many shoreline features, such as marshes which comprise most of the
shoreline, are generally not as suitable for recreation activities
as are beaches. Beaches are undoubtedly the coastal feature most
in demand for the types of shoreline recreation mentioned above.

The Virginia CRM program defines beaches, as zones of unvege-
tated and unconsolida'ted soil that extends landward from mean low
water to where there is a marked change in soil or physiographic
form, or to the line of permanent vegetation. In the absence of
vegetation, the inland limit of a sandy beach shall be identified
by an increase in elevation or by existing structure. This defini-
tion of a beach is consistent with state law.

The Code of Virginia (Section 10-217) defines a "public beach"
as a sandy beach located on a tidal shoreline suitable for bathing
in a city, county or town and open to indefinite public use. This
defintion does not include public beaches associated with federal or
state lands. The list of public beaches in Virginia is as follows:

1) County of Stafford AquaPo Beach .3 miles
2) Town of Colonial Beach Central Beach 2.5 miles
Castlewood Park Beach
3) Northumberland County Northumberland County
Beach 100 feet

VI-1

4) Mathews County Mathews County
Public Beach 1,000 feet
5) Gloucester County Gloucester Point
Public Beach .1 miles
6) York County Yorktown Beach .3 miles
7) City of Hampton Groundview Beach
and Preserve
Malo Beach 3.5 miles
Buckroe Beach
8) City of Newport News Anderson Park Beach 1.5 miles
Huntington Park Beach
9) City of Norfolk (all northern ,
shoreline) 7.9 miles
10) City of Virginia Beach Resort strip beach 7.8 miles
Little Island Beach
11) Town'of Cape Charles Cape Charles
Public Beach 1,762 feet

(All distances are approximate)

Beach use/sunbathing is the single most popular outdoor recre-
ation activity participated in by Virginians, in terms of total
numbers of participants. Nearly half the population participates
in this activity. There are a surplus of beach resources, but be-
cause many of these beach areas are privately owned; and many which
are publicly owned are inaccessible, there is actually a deficit of
available public beaches. However, a substantial amount of high
quality beach can be made available. The primary need is for funds
so that access and parking facilities can be developed.

Access to coastal waters for activities from a boat. is pro-
vided by mari.nas and boat'landings. Other water-based recreational
activities occur from piers, beaches and to a lesser extent,
marshes (waterfowl hunting). In all cases, . recreational use of
coastal waters requires first acquiring access to the shoreline.

In spite of the great abundance of tidal water and coastal
shoreline in Virginia, recreational use of the water is somewhat
limited. Inadequate or insufficient access to tidal waters is the
primary limiting factor. A high.percentage of all waterfront lands
are in private ownership and unavailable for public use. While
there is a substantial amount of publicly owned waterfront, much of
it consists of marshlands and/or tidal flats that have little rec-
reational potential.

While there are over 290 marinas with about 250 fee ramps plus
another 165 developed public landings in tidal waters, these are
insufficient to adequately handle demand. This excess demand is
evidenced by waiting lists for marina slips and hour long waits at
many public boat launching facilities. It is estimated that by

VI-2

1990 resident boating demand will exceed 33.5 million annual activ-
ity days in the Tidewater areas of Virginia ' and over 87,000 water-
craft will be competing for access. The accommodation of this tre-
mendous increase in recreational boating demand will require local,
state and federal agencies, as well as the private sector, to care-
fully coordinate the development of 50 new public landings and ap-
proximately 7,000 additional marina slips.

In Virginia, access to the shoreline is provided primarily
through public and private facilities, including national parks,
national wildlife refuges and military installations at the federal
level; and state parks, wildlife management areas, public boat
landings, natural areas and trails at the state level. Commercial
campgrounds and' shores ide amusement parks also provide oppor-
tunities for access to Virginia's shoreline. Local governments
have provided for marine recreation through th-e establishment of
public beaches.

B. GENERAL POLICIES

It is the policy of the State:

1) To protect and preserve underwater historic property as
exclusive State property by all State agencies. (Virginia Code

2) To assist the Commission of Game and Inland Fisheries for
the development of projects that will increase the number of
public fishing areas, boat launch areas, and game managing
lands. (Virginia Outdoors Plan).

3) To develop each State Park existing or proposed, to its
optimum capacity 'without destructive over-use. (Virginia Out-
doors Plan).

4) To create and put into effect a long range plan for the
acquisition, maintenance, improvement, protection and conser-
vation for public use of those areas of the State best adapted
to the development of a comprehensiv e system of outdoor recre-
ation facilities in all fields, including, but not limited to
parks, forests, camping grounds; fishing and hunting grounds;
scenic areas, waters and highways, boat landings, beaches and
other areas of public access to navigable waters; and to
facilitate and encourage the fullest public use thereof.

5) To preserve much of the natural unspoiled coastal complex
of barrier islands, bays and,marshes for its priceless eco-
logical and recreational values to all people, now and in the
future. (Virginia Outdoors Plan).

VI-3

6) To develop or retain for public enjoyment a reasonable
part of the recreational, potential, and scenic values in all
new lakes and existing rivers and bays, in connection with
developments for other purposes. (Virginia Outdoors Plan).

7) To protect certain lands as commons for the use and bene-
f it of the people of -the state. (10 Hening Statutes 266,
1780) including seashores not granted- under colonial govern-
ment (�62.1-1, Code of Virginia).

8) To maintain quality waters for recreational use by regu-
lations which require conformance to water quality criteria
and standards (�62.1-194, Code of Virginia).

9) To -request in each biennium adequate funds for carrying
out recommendations of the Virginia Outdoors Plan.

C. VIRGINIA OUTDOORS PLAN

Planning for coastal access under the Coastal Resources Man-
agement program is provided by the existing planning process for
outdoor recreation of the Commonwealth. The Division of Parks and
Recreation (DPR) is the state agency with primary responsibility
for planning and managing the outdoor recreation opportunities of
the Commonwealth, including access to and use of Virginia's coastal
lands and waters. In this role, the DPR is responsible for the
preparation of the Virginia Outdoors Plan (VOP), the coordination
of matters which relate to recreation, and the implementatlion of
the VOP Plan through a grants-in-aid program.

The Virginia Outdoors Pla 1984, is the planning process by
which the Commonwealth describes problems, and develops objectives
and policies-applicable to coastal management. This plan also pro-
vides sources of assistance to local governments and private indus-
try for access. Through the implementation of the VOP, national
interests are considered, and coordination among various levels of
government and the private sector is accomplished. The VOP is en-
dorsed by the Governor as the State Comprehensive Outdoor Recre-
ation Plan (SCORP) and is accepted by the National Parks Service,
Department of the Interior, as the plan qualifying Virginia for re-
ceipt of (matching) acquisition and development grants under the
Land and Water Conservation Act, the funds of which are used for
implementing the VOP.

All state agencies are charged to cooperate with the Division
of Parks and Recreation in implementing the Plan. Criteria related
to coastal access policies, recommendations, funding -assistance
programs and identification of sites as potential recreational geo-
graphic areas of particular concern are described in the VOP. The

VI-4

Division also has the authority, with the Governor's approval to
adopt new criteria and practices responsive to changing recrea-
tional needs, such as the need for additional and improved points
of access along the coast.

The VOP/SCORP is updated on a five-year cycle, having been
originally issued in 1965 with updated versions produced ' In 1970,
1974, 1979 and 1984.

The inventory of recreational areas is continually revised on
field sheets by local parks and recreation officials, local and
regional planners, extension agents, and state agency planners.
DPR planners integrate the revisions by discarding duplicated in-
formation, researching missing data and updating the data bank at
Virginia Commonwealth University.

Public participation in development of the VOP is solicited
during the planning cycle by contact with local groups and State
special interest organizations, and at publicized public review
meetings.

A means of coordination between the State, district and local
park planning efforts' is available through the Department of Hous-
ing and Community Development which provides substantial matching
money for operation of the planning district commissions. The DPR
provides advisory assistance to the localities and districts in the
preparation of their plans, and reviews their plans in draft form.
The 1984 Virginia Outdoors Plan was designed in part to provide
useful information for the local and regional agencies and to stim-
ulate increased coordination.

From the tabulated differences between inventoried facilities
available for use and statistical demand estimates, DPR planners
describe the means to improve the use of existing areas in two for-
mats: . recreation regional proposals (proposals which balance
existing and potential supply with projected area demands) and
statewide activity systems (such as all state parks expanded to
management limits, all boat ramps, etc.). Needs for swimming,
boating and fishing areas and facilities depicted on the activity
systems are ranked in comparison with other activity needs. These
needs are studied by selected agencies to recommend opportunities
for meeting anticipated needs, such as land for sale, excess public
lands, proposed development or relocation projects. The results of
the systems assessment are furnished to the DPR grants administra-
tion staff for comparison with available funding and assistance re-
quests. The most promising projects are refined with input from
pertinent state and local agencies and the list of projects to be
funded is compiled to arrive at an optimum priority list for fund-
ing approval. Upon completion of the selection process, the new
projects are added to the inventory. This process is repeated as
funding becomes available.

VI-5

D. PARKS, NATURAL AREAS AND WILDLIFE MANAGEMENT AREAS

Parks are provided for the recreational pleasure of the people
of the Commonwealth by state and federal agencies, and other polit-
ical subdivisions. Federal areas, authorized by the National Sea-
shore Act of 1963, include Assateague National Seashore and the.
George Washington Birthplace National Monument. State parks are
authorized by S10-21, Code of Virginia and are administered accord-
ing to rules of the State Parks System by the Commissioner of
Parks and Recreation, under authority from the Board of Conserva-
tion and Economic D'evelopment. The system includes 14 state park
areas within the coastal zone, 11 of which are adjacent to tidal
waters. These parks serve a variety of basic recreational needs
within an hour's drive of major population centers, preserving and
managing for public enjoyment a cross-section of the best examples
of scenic natural resources. Regional parks (Northern Virginia
Regional Park Authority) operate under �15.1-1278, Park Authorities
Act, to provide facilities primarily for citizens' of member juris-
dictions, on a scale larger than what individual localities are
customarily able to establish. Local parks, which -- are "public
areas" managed for the public welfare under �15.1-1232, include
areas and facilities affording citizens extensive opportunities for
viewing, walking, fishing, picnicking, and boating on or near the
shorefront.

Wildlife Management Areas and Refuges provide passive and ac-
tive recreational opportunities. Ten state wildlife management
areas are maintained by the Virginia Commission of Game and Inland
Fisheries under authority of �29.11 for public shooting, fowling,
an-d fishing, all of which are located on tidal water. Game'refuges
may'also be established under �29.11 for preservation, propagation,
and stocking programs for game birds, animals, fish and other wild-
life. Such lands have value as passive recreational areas, for
wildlife observation. Federal refuges conduct active public vis-
itation programs.

E. WATERFRONT RECREATIONAL LAND ACQUISITION

The Virginia Outdoors Fund is a major source of money for the
acquisition and development of recreational lands at the state and
local levels. It consists of state funds appropriated by the Gen-
eral Assembly, and federal funds allocated to the State from the
Land and Water Conservation Fund. It is administered by the DPR in
accordance with the Virginia Outdoors Plan. Money is authorized by
the Board, subject to the National Park Service, for specific qual-
ifying projects of certain state agencies and of the cities, towns,
counties and regional park authorities throughout the State. The
Division of Parks and Recreation and the Commission of Game and In-
land Fisheries both receive.funds through this program.

VI-6

The majority of these projects are funded with 50 percent Land
and Water Conservation Funds (L&WCF) ; and in the case of major
State Park acquisition and developments, the other 50 percent con-
sists of appropriated State money. For Commission of Game and In-
land Fisheries projects, the Outdoor Fund provides 50 percent
L&WCF, and when available, 25 percent State and 25 perc ent local
monies. Regional Parks Authority projects are funded 50 percent
L&WCF, 30 percent State funds, when available, and 20 percent local
funds. An extra 5 percent of State funding appropriated is to
stimulate efforts to establish park authorities with memberships
composed of two or more political subdivisions.

Expenditure of the Virginia Outdoors Fund is a significant im-
plementation approach for resource management, in the case of
shorefront acquisition, through the direct responsibility of the
Board of Outdoor Recreation. Outdoors Funds are available only
through the Board of Outdoor Recreation, and are obligated on a
project-by-project basis.

The Open Space Land Act (SIO-151 through 158 of the Code of
Virginia) grants authority to public bodies to acquire or designate
property for use as open space land and to make.necessary expendi-
tures pursuant to the goals of the Act. Power to acquire recrea-
tional lands rests with the Division of Parks and Recreation as ad-
ministered by the Board of Outdoor Recreation (�10-21). The man-
agement of access roads to shorefront resources through the Recrea-
tional Access Road Fund (533.1-223) has resulted in improved access
roads to 40 parks and recreation areas.

The Virginia Supreme Court in Bradford vs. The Nature
Conservancy -1982, recognized the existedce of common lands that
provide access for public fishing, fowling and hunting on certain
wetlands and beaches. It should be noted, however, that marshland
granted prior to 1830 and intertidal strips granted prior to 1770
are exempted from common access. This recent leading case will un-
doubtedly result in future cases recognizing common lands in other
privately owned Virginia shoreline.

It is the policy of the State:

1) To protect the natural ecological characteristics of the
wetlands adjoining our bays and rivers, through regulation or
acquisition as necessary. (Virginia Outdoors Plan)

2) To provide shorefront access acquisition and development
assistance to localities by maintaining eligibility to receive
Land and Water Conservation Funds through the program of the
Division of Parks'and Recreation (L&WCF funds are allocated
statewide for a full range of recreational projects, not
limited to coastal areas).

VI-7

3) To protect areas, properties, lands or any estate or in-
terest therein, of scenic beauty, recreational utility, his-
torical interest, remarkable phenomena or any other unusual
features which should be acquired, preserved and maintained
for the use, observation, education, health and pleasures of
the people of Virginia by the Board of Conservation and His-
toric Resources, Division of Parks and Recreation (�10-21,
Code of Virginia).

F. WATERFRONT RECREATION FACILITIES

Boat ramps are provided by the Commission of Game and Inland
Fisheries under 529-11. Each year two additional ramps are planned
for.construction. Presently, there are 57 in the coastal area. On
a case-by-case basis, the Commission buys, develops and manages
public ramps where increased usage would result and when sufficient
funding is available.

Public Landings are managed in. trust for the public by the
Department of Highways and Transportation. Approximately 120 sites
which were formerly private steamboat landings, wharves or docks
are now open to the public. These were assigned by legislation in
1932.

Bridges which are physically suited for fishing platforms that
are being replaced by newer structures are deeded to qualifying
localities for their recrea-tional use. Approaches to dismantled
bridges are reserved for fishing, canoeing, or other suitable ac-
tivities if cooperative management contracts are accepted by local
interests. The type of contract utilized depends upon deed cov-
enants, type access desired and other variables, and may take the
form of a cooperative maintenance agreement or actual transfer of
title, asallowed by the Department of Highways and Transportation
in 533.1-207 Code of Virginia.

G. WETLANDS AND BOTTOMLANDS MANAGEMENT

The protection and management of the states wetlands and bot-
tomlands is the responsibility of the Virginia Marine Resources
Commission and is described in Chapter III, Core Regulatory Pro-
grams.

VI-8

H. WATERFRONT HISTORIC PROPERTIES

The Commonwealth of Virginia has a long history of settlement
and development, and much of that history has involved its ex-
tensive shoreline. In Virginia the protection and preservation of
historic shorefront properties is aided by the Virginia Historic
Landmarks Commission.

Buildings, structures, and sites of historical, architec-
tural, and/or archaeological interest are significant resources for
the Commonwealth, both from the standpoint of cultural enrichment
for our citizens and from the standpoint of functional resources
for society. However, these resources are vulnerable to irre-
vocable damage or destruction resulting from ignorance of their
value, redevelopment pressures, and financial burdens. The Vir-
ginia Historic Landmarks Commission's activities within this pro-
gram are aimed at the preservation, appreciation, and efficient use
of these resources.

Broadly stated, the agency's mission is to encourage the pres-
ervation, rehabilitation, and continued use of Virginia's cultural
resources. The Commission seeks to carry out its mission through
the legislatively mandated activity of surveying the Commonwealth's
buildings, structures, and sites of architectural, historical,
archaeological, and/or cultural interest, and by entering the
outstanding examples on the Virginia Landmarks Register. The
Commission uses this register as the foundation of its efforts to
educate the general public to the value of cultural resources.

The Commission serves property owners and land-use planners
in their efforts to recognize, maintain, and rehabilitate cultural
resources. These services range from technical advice for prop-
erty owners on specific preservation problems to assistance to
localities in planning for the preservation and continued use of
c.ulturak resources. The Commission also serves Federal and State
agencies by assessing the impact of proposed public projects on
existing cultural resources. The Commission further serves prop-
erty owners by administering various financial incentive and as-
sistance programs designed to encourage rehabilitation of historic
structures.

Underwater historic sites are dealt with in Chapter V, Geo-
graphic Areas of Particular Concern.

VI-9

Chapter VII

ENERGY FACILITY

PLANNING PROCESS

A. Identification of Energy Facilities Likely to Locate in or
Which May Significantly Affect Virginia's Coastal Zone.

1. Definition

2. Discussion

a. Electric Generating Facilities'

b. Plants for Processing and Refining Petroleum

C. OCS Onshore Support Facilities

d. Coal Exporting Piers

B. Procedures for Assessing the Suitability of Sites for Such
Facilities

1. COE Energy Facility Inventory and Preliminary Site
Assessment Process

2. Environmental Impact Review

a. State Participation in the Federal EIS Process

b. State EIS Process

.C. Articulation and Identification of-Enforceable State Policies,
Authorities and Techniques for Managing Energy Factlities and
Their Impacts

D. Identification of How Interested and Affected Parties and
Private Parties Will be Involved in the Planning Process

Chapter VII

ENERGY FACILITY PLANNING PROCESS

In all likelihood Virginia will be faced with the siting of
one or more energy facilities within its coastal zone in the next
decade. According to data developed by the United States Depart-
ment of Energy and other major forecasters, it is likely that
Virginia's demand for energy will grow by 20 percent in the next
decade to approximately 1.8 quadrillion BTUs.-

The demand for and production of energy in Virginia (or any
jurisdiction) is determined by the composition of its economy and
the natural resources which it possesses. Virginia consumes
approximately 1.5 quadrillion BTUs of energy per year, of which
approximately 20 percent is produced within its borders. The major
sectors of Virginia's economy that consume primary energy are:
transportation (37 percent), electric power generation (33 per-
cent), industrial (15 percent) and residential/commercial (15 per-
cent). Although Virginia's coal mines produce approximately 1.0
quadrillion BTUs of energy annually, only a small percentage of
this coal is utilized within the Commonwealth, while most of Vir-
ginia's coal is exported to other states and overseas. There are
limited amounts of other energy resources being produced in Vir-
ginia; however, imported petroleum is the primary fuel consumed in
the State.

Given the above mix in the Commonwealth and its projected
growth, the major types of energy that will be consumed' in the
State will be electricity, petroleum, and natural gas and the. major
'type of energy. that will be exported will be coal. Therefore Vir-
gin.ia's planning process focuses on facilities associated with
electricity, petroleum and natural gas and in the exportation of
coal.

Such facilities have widespread social, economic, and.environ-
mental consequences and they cannot be located without extensive
analysis of their likely effects or without the involvement of
local, state, and federal agencies and numerous private interests.
Coastal resources in estuarine environments are extremely fragile.
Suc'h facilities are likely to have especially significant impacts
on these resources and therefore require special care in siting and
measures to mitigate against adverse environmental impacts when
proposed to be located in coastal areas.

The Commonwealth has a major interest in these facilities and
plays a central role in location decisions for them, and recognizes
that there is a national interest in their siting.

VII-1

In order to systematically describe Virginia's Energy Facility
Planning Process, the Commonwealth's approach will be shown within
the framework of the Coastal Zone Management Act requirements (15
CFR 923.13):

Identification of energy facilities which are likely to
locate in or which may significantly affect a state's
coastal zone.

(2) Procedures for assessing the suitability of sites for
such facilities.

(3) Articulation and identification of enforceable state pol-
icies, authorities and techniques for managing the siting
of energy facilities and their impacts.

(4) Identification of bow interested and affected public and
private parties will be involved in the planning pro-
cess.

These will be dealt with as sections of this Chapter entitled
IDENTIFICATION, ASSESSMENT, MANAGEMENT and PUBLIC PARTICIPATION.

A. IDENTIFICATIM Identification of EnergZ-Facilities Likely to
Tocate in or Wbich May SignificantTy.Affect Virg ia a
Coastal Zone.

1. . Definition

The CZMA requires that a state's program document'list the en-
tire range of energy facilities that theoretically could locate in
the state's coastal zone. That list of energy facilities is as
follows and includes equipment and facilities 'which could be used
primarily:

a. in the exploration for, or the development, produc-
tion, conversion, storage, transfer, processing, or
transportation of, any energy resources;-or

b. for the manufacture, production, or assembly of
equipment, machinery, products or devices which are
involved in any activity described (above). This in-
cludes but is not limited to:

(i) electric generating plants;

(ii) petroleum refineries and associated facili-
ties;

(iii) gasification plants;

VII-2

i v facilities - used for transportation, conver-
sion, treatment, transfer, or storage of liq-
uefied natural gas;

(v) uranium enrichment or nuclear fuel process-
ing facilities;'

(vi) oil and gas facilities, including platforms,
assembly plants, storage depots, tank farms,
crew- and supply bases, and refining com-
plexes;

(vii) facilities, including deepwater ports, for
the transfer of petroleum;

(viii) pipelines and transmission facilities; and

(ix) terminals which are associated with any of
the foregoing.

As was explained on VII-1 the types of energy facilities that
are likely to locate in Virginia are limited. Consequently, based
on our assessment of location trends Virginia's energy facility
planning process will focus on the following four types,of facili-
ties:

a. Electric generating facilities of 100 megawatts (MW)
or more, and electric transmission lines of 150
kilovolts (KV) or more, or either when such facility
is of sufficient size or magnitude of impact to make
them subject to state review through the federal en-
vironmental impact statement process;

b. Plants for processing or refining petroleum or
natural gas when such plants-are of sufficient size
or magnitude of impact.to make them subject to state
review through the federal environmental impact
statement process;

C. Onshore facilities for the support of outer con-
tinental shelf oil and gas exploration and develop-
ment when such facilities are of sufficient size or
magnitude of impact to make them subject to state.
review through the federal environmental impact
statement process.

d. Coal exporting piers when such piers are of suffi-
cient size or magnitude of impact to make them sub-
ject to state review through either the federal or
state environmental impact statement process.

VII-3

2. Discussion

a. Electric Generating Facilities.

As noted, additional fossil fuel and/or nuclear power plants
will be needed. in the future in spite of energy conservation ef-
forts by the government and individuals and by commercial and in-
dustrial establishments. In recent years utility plans have been
subject to fluctuation, due in part to changes in energy demand
patterns, utility financing problems and regulatory uncertainty.

Because power plants and associated facilities affect the
land, water and air, decisions regarding energy policy alternatives
require comprehensive environmental analysis.

Land requirements for power plants are substantial. Water im-
pacts are due mostly to the use of large quantities of cooling
water to condense spent steam. Fossil fueled power plants account
for significant discharges of sulphur dioxide, nitrogen oxides and
particulate matter. Other concerns include noise, esthetics and
impacts from transmission lines. Furthermore, the socio-economic
effect of the facility is very significant to the area in which it
is located, particularly because manpower needs during the con-
struction stage are large but the long-term employment associated
with the operation is low. This causes an influx of people seeking
employment at the construction stage. Families and work crews re-
quire housing and other facilities which rural areas may not be
.equipped to provide. The resultant development patterns and prob-
lems are often undesired. In su mmary, it is possible that an ' 'elec-
trical generating plant of significant size can change the natural,
cultural, and economit environment in the coastal area.

b. Plants for Processing and Refining petroleum

Private industry typically initiates the siting process for
petroleum refineries and associated facilities, such as terminals,
when the demand for facilities is such that there is a reasonable
opportun*ity for profit. The public knows less about the demand for
petroleum refineries than for electric generating plants because
government is not as actively involved in assessing the need for
the former,' or in providing for their siting. Private industry, of
course, is reluctant to release data on its analysis of the demand
-for facilities in specific areas. Thus, it is difficult to quantify
the potential demand for additional petroleum refineries in Vir-
ginia to the extent that the future demand for power plants can be
quantified, for example.

VII-4

Representatives of the American Petroleum Institute and the
U.S. Department of Energy have previously acknowledged that'there
was no current need for new petroleum refineries in the region.

A large oil find on the OCS off the East Coast could, on the
other hand, increase the demand such that industry will seek new
refinery sites. New refineries may also be in demand if the type
of OCS crude varies substantially from the type presently refined,
although it may be cheaper to modify existing refineries.

That OCS development will create new demand for refineries is
not clear, however. The Council on Environmental Quality has
pointed out that:

"In some OCS frontier areas, the refinery siting
problem may not arise at all. Inso 'far as OCS oil simply
replaces imports, there will be no call for new refin-
eries.to handle it."

Nevertheless, many elements work together to favor coastal
sites, including good markets in populous.coastal cities, access to
crude oil from abroad, and cheap water transportation. With OCS
development, and possibly, superports looming on the horizon, the
pressure to locate refineries in the coastal zone will probably
continue.

Oil refineries are land intensive. Refineries with a capacity
of at least 100,000 barrels a day are able to yield different pro-
ducts to meet seasonal--*for example, gasoline in the summer, fuel
oil in the winter--geographic, and marketing variations in demand.
This flexibility encourages the siti ng of large refineries, with
attendant demands for land. A new domestic refinery in the 250,000
barrel per day range requires roughly 1,000 to 1,500 acres of
clear, flat, industrially zoned land.' The site should have a maxi-
mum slope of 5 degrees, moderately well-drained soil and the capa-
bility to support large storage tanks and processing units.

Being largely automated and having substantial acreage of
storage tanks and pipelines, a petroleum refinery requires few em-
ployees per acre, that is, the employee:acre ratio is. low. The
capital investment per acre of actual refinery area (operating area
excluding buffer and unused acreage) is, however, very high.

Water in large quantities is essential to petroleum refinery
operations. The amount of water used depends upon the size of the
refinery, the complexity of the product mix, the processing and
cooling system technology, and water quality. With an efficient
mix of water and air cooling, a 250,000 barrel per day refinery
uses between 5 and 15 million gallons of water per day.

Finally, oil refineries require substantial amounts of energy.
Electricity, fuel oil, and gas are the major power sources, with
purchased electricity typically providing nearly 80 percent of the

VII-5

refinery's energy needs. Heavy-duty transmission li.nes and elec-
trical substations are, therefore, normally necessary adjuncts to a
refinery complex.

C. OCS Onshore Support Facilities

Virginia has expressed strong support for OCS oil and gas
development in the past so long as it is done in a manner that as-
sures protection of the state's environmental and economic in-
terests.

Possible demand for platform fabricat ion, pipeline yards or
other onshore support facilities must be prepared for in the
state's energy facility planning process. Such facilities are land
intensive, require locations near the state's most important coast-
al resources and-may cause severe effects.

Pipe coating yards generally use less space than platform
fabrication yards, but still re'quire from 100 to 150 acres of
waterfront land. A marginal wharf of 750 feet on water 20 to 30
feet deep; 150,000 gallons of water per day; and one million kilo-
watt hours of energy are also typically needed. Pipe coating yards
are in demand for relatively short periods of time, thus a site
easily adapted to another use at the termination of the pipe coat-
ing activity is indicated. . Access to rail and major highways is
desirable for transporting cement and other supplies.

The siting of a new fabrication yard depends on a significant
oil or gas discovery because platforms can be towed from the Gulf
region at less cost unless a large number of platforms are re-
quired. If the find is of sufficient size to warrant new fabrica-
tion facilities, industry spokesmen believe only one fabrication
yard will be needed on the East Coast.

Storage depots also benefit from nearby transportation net-
works. They vary in size according to. the operation requiring sup-
port, the facilities available, and the materials requiring stor-
age.

There appears to be little demand for Virginia service bases
during exploratory drilling operations. Delaware and Rhode Island
bases are being used to support exploratory operations in the Mid-
Atlantic.

A wide array of federal, state and local measures-provide pol-
lution controls for OCS development operations. The Outer Conti-
nental Shelf Lands Act and the Federal Water Pollution Control Act
allow the federal government to impose strict offshore operation
standards.

VII-6

d. Coal Exporting Piers

Both private industry and the state initiate siting processes
for coal exporting piers when the demand for the facilities is suf-
ficiently large. The increasing worldwide demand for coal makes it
likely that Virginia's exports will continue to rise, and that the
need for additional piers may arise in the future.

Coal exporting piers are not as land-intensive as refineries.
Typically, a pier that handles 30 million tons per year reqires
less than 500 acres. The presence of a coal pier will result in
such aesthetic impacts as tall elements in the visual scene. Coal
piles may reach 65 feet or more in height, and such equipment as
the master stackers, reclaimers and shiploaders will extend over
100 feet,in the air; however, they are relatively slender and are
usually not in a vertical position.

Water quality in the vicinity of coal exporting piers can be
affected by several sources. During construction, water quality
may be affected by dredging, runoff from disturbed soils, lubrica-
tion oils from construction equipment, etc. Once the facility is
constructed, other sources must be considered such as runoff from
coal piles, sanitary wastes, etc.

Due to shoreline requirements of coal piers, wetlands and val-
uable subaqueous bottoms can be eradicated or severely impacted.
These effects-must be given full consideration.

B. ASSESSMENT: Procedures for Assessing the Suitability of Sites
for Such Facilities.

There will be two related avenues for the assessment of the
suitability of site@'s proposed for coastal energy facilities. One
is an inf-ormal mechanism for examining potential sites and the
other is the set of existing formal environmental review pro-
cesses.

1. COE Energy Facility Inventory and Preliminary Site Assessment
Process

This will be a new COE function which will have two com-
ponents: energy facility inventory system and preliminary facility
assessment process.

(a) Energy Facility Inventory System

An inventory of coastal energy facilities will be created and
maintained at the office of the COE.* Specifically, the inventory

VII-7

will be on coastal energy facilities which have been formally pro-
posed and/or are under consideration. The COE will actively seek
information regarding all potential coastal energy facilities.
This will involve monitoring industrial news, federal notices and
other relevant sources of information and may include periodic in-
quiries of utilities and other energy-related concerns. The inven-
tory. will be updated as new information and analysis is developed.
The inventory will be avai.lable for review by interested parties
during normal working hours at the COE offices.

The preliminary organization of individual facility files
within the inventory is expected to be as follows:

(i) Description of coastal energy facility being proposed and/or
donsidered.

� Type and scale of facility

� Site(s)

� Proponent/developer

� Development schedule

(ii) Preliminary Assessment of facility and site(s)

o Facility site requirement

o Costs and benefits o Typical of class of facility

0 Environmental o Specific to a given facility

0 Other

o Location and general characteristics of similar and
related facilities

o Availability of additional sites meeting facility
site requirements

(iii) Applicable fe-deral, state and local requirements

� Environmental

� Other

(iv) Statements of interested parties

� Proponent/developer

� Local government

VII-8
sl

� Areawide agencies

� State government

� Federal government

,o Community groups

o Others

(b) Preliminary Site Assessment Process

The staff of the COE is available to provide coordination for
potential developers of coastal energy facilities who may wish to
meet with state regulatory agencies. to determine what requirements
the facility must meet and to learn what preliminary assessment the
agencies can make of the facility and the sites. The COE will pub-
licize the availability of this service and will make direct con-
tact with proponents of specific projects to encouarge them to use
that service. The COE will assist the facility proponent and state
agencies to determine the scope of concerns that are likely to a-
rise if and when the facility project reaches the permitting stage.
The COE staff will provide the developer and the agencies with
copies of the facility file and will discuss any significant issues
which may have emerged.

2. Environmental Impact Review

All energy facilities included in this Energy Facility Plann-
ing Process, by definition will be subject to the environmental im-
pact review process under the National Environmental Policy Act
(NEPA). For purposes of Virginia's program, only those electric
generating plants and transmission lines, petroleum processing
plants, OCS onshore support facilities, and "coal exporting piers
which are of sufficient size or magnitude of impact to require an
environmental impact statement (EIS) are included, unless the coal
exporting pier is state initiated. A state initiated coal export-
ing pier can *trigger a state EIS which is discussed -later in this
section. Any such facility, thus, must meet two criteria to fall
under this definition. First, a facility must require that some
federal action be taken, such as the issuance of a Corps of Engi-
neer's permit, to bring it under the jurisdiction of NEPA. *Second,
a facility must have a significant "effect on the human environ-
ment" in order to trigger the requirement for an EIS.

These criteria are sufficiently inclusive to satisfy the needs
of an energy facility planning process. The focus of Virginia's
coastal management program is on the coastal edges and wa ters. The

VII-9

Corps of Engineers, under @10 of the Rivers and Harbors Act and
�404 of the Clean Water Act, has jurisdiction, concurrent with that
of the state, over any encroachment into these edges and waters.
Thus, for any energy facility project which would have direct ef-
fect on Virginia's coastal resources, the federal jurisdiction
,necessary to invoke NEPA is not in quest-ion.

The second criteria addresses the significance of the project.
To require an EIS a project must be one "significantly affecting
the human environment." The environmental review process, under
NEPA and Council on Environmental Quality regulations, provides for
an environmental assessment which can lead to either a "finding of
no significant impact" or to the requirement that an EIS be under-
taken. State review, coordinated by the Council on the Environ-
ment, occurs even at the environmental assessment stage as well as
later. Therefore, even if there is a question as to the signifi-
cance of the potential impacts, the state has an environmental doc-
umient to review and may comment accordingly. in any case, any
energy facility which would have a significant impact on Virginia's
coastal resources would require that an EIS be prepared.

Among other things, an EIS must characterize the project site
and address the environmental impacts of the project as. proposed,
as well as the impact of alternatives, including alternative loca-
tions.

The state's involvement in' the EIS process begins even before
the document is drafted. The state, along with other interested
parties, may participate in the "scoping" process through which
pertinent issues and interests are identified before the. EIS wri:t-
ing begins. Later, the state reviews and comments on the draft EIS
as well as the final. In Virginia, the Council on the Environment
is responsible for coordinating the state's review of federal en-
vironmental documents and responding to appropriate officials on
behalf of the Commonwealth. The Council is also the lead agency
for coastal management and -works closely with the Secretary of
Natural Resources in both of these roles.

(a) State Participation in the Federal EIS Process

The Constitution of the United States does not address envi-
ronmental protection per se. Federal legislation. relating to en-
vironmental protection has a constitutional basis in such powers as
the commerce power, the treaty power, the admiralty power, the tax-
ing power, the power over Federal property, and others.

The National Environmental Policy Act of 1969 (NEPA) is the
key piece of Federal legislation relating to the Federal Govern-
ment's concern over environmental values. NEPA (Public Law 91-190)

VII-10

set forth a declaration of national environmental policy and cre-
ated in the Office of the President a Council on Environmental
Quality (CEQ). NEPA also created an environmen-tal impact statement
requirement.

Pursuant to NEPA, all federal actions must be consistent with
the policy of the Federal government to encourage productive and
enjoyable harmony between man and his environment. In order to
foster this harmony, an environmental impact statement is required
along with recommendations or reports on "major Federal actions
significantly affecting the quality of the human environment." An
EIS is not required if a Federal action is not major and signif-
icant.

Executive Order 11514 (1970) directs the CEQ to issue guide-
lines to all Federal agencies concerning their implementation of
the NEPA, EIS requirement. Federal agencies have developed indi-
vidual procedures in accordance with the CEQ Guide lines. Each
Federal agency has Ats own procedures tailored to its own particu-
lar operations, yet the general process is the same for all agen-
cies.

Each Federal agency has identified types of projects which
normally do not have significant environmental impacts due to their
nature or size. When an agency initiates a project of this type,
it may simply proceed with the project.

The initiating -agency may wish to prepare an Environmental
Assessment, if a project is not obviously major and significant, but
is significant enough to deserve further study. The Assessment can
serve as a study. to determine project significance or as a closer
look at environmen.tal considerati.ons simply for the sake of better
planning. CEQ encourages agencies to prepare Environmental Assess-
ments for all projects.

Upon completion, of an Environmental Assessment the initiating
agency makes a determination of a project's significance. An EIS
must be filed if a project is found to be "major and significant."
If not, the initiating agency may proceed. (In certain instances
CEQ Guidelines do require that the initiating agency give public
notice of a finding of no significant environmental impact, and
then wait at least thirty days before proceeding).

An initiating. agency must give public notice of its intent to
file an EIS as soon as practicable after the decision to prepare
the statement is made.

When the Draft EIS has been prepared, the initiating agency
must file it with the Environmental Protection Agency, make it
available to Federal, State and local agencies and to the public,
and wait at least 45 days to receive comments on the document. All
comments received during that period must be substantively ad-
dressed in the Final EIS and reproduced along with specific re-
sponses in an appendix to the Final EIS.
VII-11

Federal agencies should provide copies of ElSs that address
projects that will impact on Virginia's environment to a-11 those
Virginia State agencies having interes.ts and expertise in pertinent
areas. The Council on the Environment coordinates the State's re-
view of federal Environmental Impact Statements and provides the
initiating agencies with the consolidated comments of the State.
The Council's comments represent the State's review of the proposed
action from the perspective of the total environment and are not
limited to any specific aspect of environmental concern.

After the review period for the Draft EIS, the initiating
agency must-file a Final EIS with EPA before proceeding. The Final
EIS must be given the same sort of public notice as the Draft, and
copies must be provided to any persons, organizations, or agencies
which submitted comments on the Draft. The Council coordinates the
State's review of the Final EIS and provides consolidated State
comments to the initiating Federal agency.

Thirty days after the Final EIS is filed with EPA, the ini-
tiating agency, may proceed with the project. The decision to pro-
ceed is made by the initiating agency. When Federal agencies re-
viewing the EIS have major objections, they may refer such objec-
tions to CEQ. The thirty-day period may then be extended while CEQ
works to resolve the issues. In special instances, CEQ may give
advice to the President of the United States, who has the ultimate
authority in the Executive Branch with respect to proposed actions
of-Federal agencies.
A basic difference between the Federal EIS Process*and the
State EIS Process is the much larger amount of resources devoted to
the Federal Process. The State has made up for this to some extent
b,y its emphasis on substance rather than form. The average State
EIS'is much shorter and less expensive to produce and to review
than the average Federal EIS.

Federal Executive Order 11991 (1977) directed the CEQ to "is-
sue regulations to Federal agencies for the implementation of the
procedural provisions of the Act (NEPA)". The President directed
in part that the regulations be "designed to make the environmental
impact statement process more useful to decisionmakers and the pub-
lic; and to reduce paperwork and the accumulation of extraneous
background data, in order to emphasize the need to focus on real
environmental issues and alternatives".

Thus state participation in the federal EIS process provides
Virginia with the formal opportunity to review and comment on the
impacts of a proposed energy facility, and constitutes a procedure
for assessing the suitability of sites for such facilities for pur-
poses of the Energy Facility Planning requirement.

VII-12

(b) State EIS Process

While the state is highly involved in the federal environ-
mental impact review process as described above, �10-17.107 of the
Virginia Code) , the state also has its own environmental impac t
review process which can be set in motion sooner than the federal
process. For the purposes of a discussion of the energy facility
planning process, this state process need only be described for the
situation where a state-initiated coal exporting pier is involved.
Should the situation arise where a state-initiated coal exporting
pier would be sufficiently small and of such minor impact that a
federal EIS would not be required, a state EIS may well still be
required. The state requirement applies if a state project will
cost $100,000 or more.

Under the state EIS procedure, the Council on the Environment
(COE) is responsible for coordinating the review of the EIS. The
agency proposing the action submits the EIS to COE, and COE then
sends copies out to agencies that are expected to have an interest
in the project. These -agencies then send their comments to COE,
and COE makes recommendations based on the agencies' comments. The
Governor has final review authority in a case of irreconcilable
disputes between agencies.

C. MANAGEMENT: Articulation and Identification of Enforceable
State Policies, Xuthorities and Technique7s for Managing EnFrgy
Facilities.and Their Impacts.

Energy facilities identified for purp-oses of meeting this pro-
gram requirement will, by definition, have.(or have the potential
for) direct and significant impacts on Virginia's coastal zone.
Therefore, those management policies, authorities and techniques
incorporated in the main body of Virginia's coastal. program will
serve also to manage energy facilities and their impacts. These
"Core Regulatory Programs" are discussed. in Chapter I and III.
Programs pertinent to energy facilities include:

Fisheries Management - Regulatory Authority Over Com-
mercial and Recreational Fishing -- Marine Resources Com-
mission (MRC); Commission of Game and Inland Fisheries
(CGIF).

Subaqueous Lands Management Regulatory authority
over all encroachments in, on or over state-owned sub-
aqueous lands -- Marine Resources Commission.

Wetlands Management - Regulatory authority over all
encroachments into vegetated and non-vegetated wetlands
-- Marine Resources Commission.

Dunes Management- - Regulatory authority over all en-
croachments into coastal primary sand dunes -.- Marine
Resources Commission.

VII-13

Nonpoi t Source Pollution Control Regulatory au-
thority over erosion and sedimentation from non-
agricultural upland land disturbing activities -- Depa.rt-
ment of Conservation and Historic Resources.

Point Source Water Pollution Control Regulatory
authority over existing, planned or potential discharges
to state waters -- State Water Control Board.

Air Pollution Control Regulatory Authority Over
Emissions Affecting Air Quality -- State Air Pollution
Control Boar-d.

D. PUBLIC PARTICIPATION: Identification of How Interested and
Affected Parties and Private Parties Will be Involved in the
Planning Process.

There are three ways in which the public and other inter-
ested parties may become involved in the process of siting energy
facilities in Virginia's coastal area: the COE coastal energy fa-
cility and site assessment function, the state and federal environ-
mental review processes and the public hearings, etc., associated
with the VCRMP core regulatory programs.
. Coastal energy' facilities which' have been formally proposed
and/or are under consideration will be on the agenda for one or
more of the COE's quarterly meetings. A summary of the active
energy facility files in the inventory will be given at each quar-
terly meeting as well as notice of related public hearings or any
other opportunity for interested parties to comment on the facil-
ity. All comments received at COE meetings as well as those re-
ceived at other times will become par 't of the files associated with
the COE coastal energy facility inventory.

Public comment is also an integral part of the environmental
impact statement process to which all other energy facilities (as
defined for purposes of this requirement) are subject. Virginia's
procedures for implementation and coordination of its part in the
EIS process allow public input to the Council on the Environment as
it coordinates the EIS review among state agencies and formulates
the position of the Commonwealth for reply to the federal spon-
soring agency. In addition, federal procedures allow for indivi-.
dual citizens or groups to comment directly to the federal agency
on the EIS. Also, Virginia's EIS process allows for public input
to the Council on the Environment as it coordinates the state EIS.

VII-14

In addition, a number of the core regulatory prograins cited
under section C of this chapter, which provide specific controls
for specific types of impacts, also contain requirements for public
notice, hearing and. consideration of public comments in agency
decisions.

VII-15

CHAPTER VIII

SHORELINE EROSION MITIGATION PLANNING

CHAPTER VIII

SHORELINE EROSION MITIGATION PLANNING

The Commonwealth, having a tidal shoreline exceeding 5,000
miles in length, is graced with a wide diversity of shore types,
including the low-lying barrier islands of the Eastern Shore, the
ocean front headland-barrier spit of southeastern Virginia, and the
shores of Chesapeake Bay and other estuaries which range from high
bluffs to tidal marshes.

All of these shoretypes are affected by the natural process of
erosion. Problems arise from that natural process when it damages
the resources, and compromises man's use of the shorefront. Prob-
lems also arise when-man's activities on the shoreline cause ero-
sion which adversely affects adjacent shoreline areas. Man, thus,
may be an agent as well as a victim of erosion.

In Virginia coastal shoreline erosion occurs in many areas and*
in some areas the problem is severe. Map VIII-1 shows the extent
of er.osion in Virginia's coastal area and indicates where there is
an existing or potentially high rate of erosion. Some of the high
erosion areas are also either conservancy lands, federal lands or
park areas and/or are already protected by other core.laws or as
GAPCs.

The general approach toward shoreline erosion mitigation in
Virginia is as follows:

1) The assessment of shore' erosion is a Commonwealth func-
tion;

2) Through the Public Beach Conservation Act public funds
can be used to protect public property (beaches) subject
to erosion;

3) Through the Shore Erosion Control Act private property
owners can receive planning and technical assistance from
the Commonwealth on the mitigation of erosion problems,
but construction costs are a private matter.

The Commonwealth of Virginia, through Virginia Code 521-11.16
recognizes the significance of the shoreline erosion problem. The
General Assembly has declared that:

"The shores of the Commonwealth of Virginia are a
most valuable resource that should be protected from
erosion which reduces the tax base, decreases recrea-
tional opportunities, decreases the amount of open space
and agricultural lands, damages, or destroys roads and

VIII-1

AREAS OF SIGNIFICANT
SHORELINE EROSION

....... Shoreline erosion greater
Potomac River than 3' (feet) per year

Maryland
Vir inia

go 400
0

Rapp n ck River

Yor er

ggg

James iver

V I I I - 2

produces sediment that damages marine resources, fills
navigational channels, degrades water quality and, in
general, adversely affects the environmental quality;
therefore, the General Assembly hereby recognizes shore
erosion as a problem which directly or indirectly
affects all of the citizens of this State and declares
it the policy of the State to-bring to bear the State's
resources in effectuating effective practical solutions
thereto."

Section 21-11.18 of the same article vests the Soil and Water
Conservation Commission with the responsibility to identify and
evaluate solutions to erosion problems, to coordinate and evaluate
all State erosion abatement programs, and to secure assistance from
the federal government in the protection of waterfront property.

In 1980 the General Assembly amended the Shore Erosion Control
Act and established the Shoreline Erosion Advisory Service (SEAS)
with an office in Gloucester County (Virginia Code �21-11.19).
SEAS assesses the effects of shoreline erosion, and provides
technical assistance to property owners for the mitigation of their
erosion problems. The office has a staff of three engineers and a
secretary who offer services to both land owners and prospective
buyers. Persons considering buying property can obtain information
on historical erosion rates in the area, and are provided advic-e on
types of erosion structures needed, prospective costs and advice on
where to build a house. The office will help landowners with their
permit application for erosion control measures. In addition, the
office will help the landowner with arranging contractor bids, and
will act 'as an inspection agent for the landowner while the struc-
tures are being built. In addition, if the landowner decides to
build the erosion control structure himself, they will help' with
design and cost analysis.

Also in 1980, the General Assembly passed the Public Beach
Conservation and Development Act which established the Public Beach
Conservation and Development Commission (PBCDC) (Virginia Code
510-215 through 10-222). The Commission is empowered to determine
which beaches are suffering from erosion, and to provide monies
from a dedicated state fund to those localities most in need of re-
lief. The Commission provides technical advice concerning beach
erosion mitigation, control and restoration, and it also provides
this information to local governments for other coastal erosion
problems. In addition, the Commission is charged with the respon-
sibility of encouraging research and development of new erosion
control techniques. The Commission is composed of eight 'members,
with a full time staff of two persons.

VIII-3

With SEAS providing technical advice for all shoreline areas
other than public beaches, with the PBCDC providing technical ad-
vice and monies for public beaches, and with VIMS providing tech-
nical assistance, advice, research and training in all areas of
shoreline erosion (Virginia Code �21-11.20 and �28.1-195.), Virginia
has a comprehensive, ongoing program for the control and mitigation
of shoreline erosion.

VIII-4

CHAPTER IX

USES OF REGIONAL BENEFIT

AND THE NATIONAL INTEREST

A. Uses of Regional benefit

B. The National Interest

CHAPTER IX

USES OF REGIONAL BENEFIT
AND THE NATIONAL INTEREST

A. USES OF REGIONAL BENEFIT

1. Introduction - Federal Program Requirement/Definitions

Federal approval of a state's coastal program requires that
program to have "a method for assuring-th t local land and water
use regulation's ao not unreasonably. restrict 0'rexclude land and
water uses of regional.benefit."

For VCRMP purposes a land or water use may be considered "of
regional benefit" when it:

has inter-jurisdictional impacts of an environmental,
social, economic or cultural nature, and

has, or has the potential to have, a direct and signifi-
cant impact on coastal waters.

A local decision to,restrict or exclude a land or water use of
regional benefit may be. considered "unreasonable" when that deci-
-sion is made without sound legal basis or sugsMtive rationale
that is, when it is arbitrary and capricious in nature.

The fact that the numerous state agencies have the authority
to acquire land for a variety of public facilities means that there
is an additional constraint on potentially "unreasonable" local
decisions. That land acquisition authority applies to such facili-
ties as state highways, state -educational institutions and state
park and recreation areas.

2. Means of Qealing with Unreasonable-lLocal Restrictions

The ultimate method by which the state can assure that local
land and water use regulations do not unreasonably restrict or ex-
clude land and water uses of regional benefit is through judicial
review. A basic principle of American law, and the law of the Com-
monwealth of Virginia, is that any person.aggrieved by an action of
another, including actions or inactions of government, can seek re-
dress through the courts. A key factor in any such review is the
reasonableness of the action being challenged.

The only legal authority under which a local government can
regulate the private business of citizens is the state's police
power -- its power to enact laws relating to the public health,
welfare and safety. In Virginia, such local use of state police
power must be based on a specific delegation of that power, through
municipal charter or enabling statute, for a specific purpose.
Localities have no inherent 'power and, apart from such delegation,

IX-1

local governments have no authority to regulate the affairs of cit-
izens, including their use of land. Therefore, any such regulation
must be in accordance with the limitations and protections of the
Constitutions of Virginia and of the U.S., of the enabling statutes
and any applicable case law. Any regulation that is not reasonable
would fail to meet these tests.

There is one form of local regulation, validly authorized by
statutory delegation- of the police power, for the express purpose
of regulating land and water uses. Va. Code 515.1-486 et seg.
auth'orizes local governments to control land uses through the en-
actment of zoning ordinances. This statute, in its first three
sections, specifies:

Purposes of zoning ordinances (515.1-489).

Matters to be considered in drawing zoning ordinances and
districts (515.1-490)..

Permitted provisions in ordinances; amendments
(515.1-491).

These sections provide local governments with a basic framewor'k
within which to regulate land uses. As such, they also establish,
in general terms at least, what local uses of this delegated police
power may be considered reasonable. '

These sections also contain at least two specific requirements
for reasonableness:

"S15.1-490. Matters to be considered in drawing zoning
ordinances and districts. -- Zoning ordinances and dis-
tricts shall be drawn with reasonable consideration
for..."

(emphasis added)

"@15.1-491. Permitted provisions in ordinances; amend-
ments. -- A zoning ordinance may include, among other
things, reasonable regulations and provisions..."

(emphasis added)

Based upon these statutory provisions and upon the Constitu-
tional guarantees of equal protection and due process, among
others, Virginia courts have determined zoning to be a legitimate
function of government and have established an even more precise
framework within which local land use regulation may occur.

Zoning ordinances are constitutional.-- Zoning ordinances
are so generally regarded as constitutional that their status
may be said to have been fixed. Woodward v. Staunton, 12 Va.
L. Reg. (n.s.) 352; Yick Wo v. Hopkins, 118 U.S. 356, 6 S. Ct.

IX-2

1064, 30 L. Ed. 220 (1886); New York ex rel. Lieberman v. Van
De Carr, 199 U.S. 552, 26 S. Ct. 144, 50 L. Ed. 305 (1905).

Delegation of police power. -- The General Assembly has
delegated to local governments the police power to establish
and-regulate zoning districts. Board of Supvrs. v. Rowe, 216
Va. 128, 216 S.E.2d 199 (1975).

Zoning is a legislative power vested in the Commonwealth and
delegated by it, in turn, to various local governments for
the enactment of local zoning ordinances. Byrum v. Board of
Supvrs., 217 Va. 37, 225 S.E.2d 369 0976).

In particular, the requirement for reasonableness in local use
of zoning is made clear by Virginia case law.

Read as a whole, the zoning statutes strike a deliberate
balance between private property rights and public in-
terests. Board of Supvrs. v. Snell Constr. Corp., 214 Va.
655, 202 S.E.2d 889 (1974). The General Assembly of Virginia
has Undertaken to achieve in the enabling legislation a deli-
cate balance between the. individual property rights of its
citizens and the health, safety and general welfare of the
public as promoted by reasonable restrictions on those pro-
perty rights. Board of Supvrs. v. Horne, 21.6 Va. 113, 215
S.E.2d 453 (1975)."

Irrational classification as to uses not permitted. -- A
classification cannot prohibit or restrict certain uses and
permit other uses where there is no valid basis, reasonably
related to the public health,'safety, morals, welfare or other
proper object of the police power, for distinguishing between
them. Board of Supvrs. v. Rowe, op.cit.

Exclusion of use related to police power upheld. The
exclusion from a zoning district of a particular use, or cate-
gory of uses, will be upheld where that exclusion is substan-
tially related to a proper exercise of the police power.
Ibid.

At the same time, case law acknowledges that zoning is discre-
tionary and further, certain zoning decisions to some extent must
in the end be arbitrary. Local governments are given wide discre-
tion in making such decisions as well as a presumption that those
decisions are valid unless clearly shown to be otherwise.

Wide discretion in zoning. -- Local governing bodies, be-
cause of their knowledge of local conditions and the needs of
their individual communities, are allowed wide discretion in
the enactment and amendment of zoning ordinances. A court
should not substitute its judgment for that of the local
legislative body unless.there has been a clear abuse of power.
Byrum v. Board of Supvrs., op.cit.

IX-3

Classification to some degree arbitrary. Classifica-
tions of d i s t r i c t sinto broad use catego ries, sub-
classifications of uses permitted and uses prohibited are, to
some degree, arbitrary. Board of Supvrs. v. Rowe, op.cit.

But presumed reasonable if substantially related to public
welfare. -- Zoning sub-classif icat ions are presumed to be
reasonable, but, unless they are substantially related to the
public health, safety or welfare, the restrictions on use of-
fend both the equal protection and due process guarantees.
Ibid.

Sustained if reasonableness fairly debatable. -- Zoning
ordinances must not be arbitrary and unreasonable, but if
their reasonableness is fairly debatable they must be sus-
tained. Byrum v. Board of Supvrs., op.cit.

While zoning is the main means by which local' governments can
regulate land and water uses, it is not the only means. The im-
plementation of other local ordinances, building codes for example,
could have the effect of restricting or excluding certain land and
water uses. However', because those other ordinances do not have as
their basic purpose the regulation of land uses, they could not be
applied specifically for that effect. Any such effect would have
to be merely incidental to whatever is the real purpose of the or-
dinance. In any -case, the basic test of reasonableness would apply
in those cases as well as in zoning.

In summary, ' unreasonable local restrictions or exclusions of
land and water uses of regional benefit would, by definition, be
contrary to law and practice in the Commonwealth of Virginia. No
such unreasonable local restriction or exclusion would be sustained
by Virginia courts.. The right of any party (such as the proponent
of a use of regional benefit) whose rights might be violated to
challenge any such unreasonable action in court assures "that local
land and water regulations do not unreasonably restrict or exclude
land and water uses of regional benefit."

B. THE NATIONAL INTEREST

The federal CZMA and associated regulations (15 CFR 923.52)
require that a state's management program provides for adequate
consideration of the national interest involved in planning for,
and in the siting of, facilities which are necessary to meet re-
quirements which are other than local in nature. Table IX-1 sum-
marizes facilities in which there -is a national interest in plan-
ning, siting and other activities relative to coastal mangement in
Virginia. The VCRMP meets the requirement to consider the national
interest in the following manner.

IX-4

Table IX-1

Facilities in Which There is a National Interest

Associated Federal
Uses Associated Facilities Agencies

National defense Military bases and installa- Department of Defense,
and aerospace tions defense manufacturing National Aeronautics
facilities; aerospace and Space
facilities Administration

Energy production Oil and gas ri-gs, storage, Department of Energy,
and transmission distribution and transmission Department of the
facilities: power plants, Interior, Department
deepwater ports, LNG of Commerce, National
facilities, geothermal Oceanic and
facilities, coal mining Atmospheric
facilities. Administration,
Department of
Transportation, Corps
of Engineers, Federal
Energy Regulatory
Commission, and
Nuclear Regulatory
Commission

Recreation National seashores, parks, Department of the
forests, large and out- Interior, Department
standing beaches and of Agriculture,
recreational waterfronts. Department of Housing
and Urban Development

Transportation Interstate highways, rail- Department of
roads, airports, ports, aids Transportation,
to.navigation including Department of
Coast Guard stations. Commerce, Corps of
Engineers

IX-5

During Virginia's preliminary program development, a list of
federal agency CZM contacts was compiled. Communication with those
agencies ensured that an exchange of ideas and comments between the
Federal agencies and the state was developed and continued. It al-
so provided a ready means for resolving misunderstandings. Table
IX-2 summarizes the state-federal consultation that was undertaken
at that-time. In the second stage of Virginia's program develop-
ment various federal agencies (Table IX-3) were sent copies of Vir-
ginia's preliminary Public Review Document for review and comment
through NOAA's federal agency scoping process. Comments were re-
ceived from 5 of the 14 federal agencies. Through its contacts
with Federal agencies, and through them the many published sources
of national interest laws, regulations and policies, the Common-
wealth has been informed of the entire range of national interests
-in the planning for, and siting of, facilities to meet requirements
which are other than local in nature (15 CFR 923.52).

Virginia recognizes that certain activities are in the na-
tional interest ana seeks to assure that there is a balance between
protection and development by giving full consideration for siting,
in the coastal area, of all facilities of national interest and re-
quiring that environmental concerns be fully considered as well.
Facilities in the coastal zone which are in the national interest
are discussed below:

a) National Defense Facilities

Virginia accommodates numerous national defense facilities in
or affecting the coastal area. The regulation of these activities
listed in the document shall not prohibit any activity conducted by
the Department of Defense that is essential for national defense or
because of emergency. Such activities which directly affect the
coastal zone shall be conducted consistently with all state regula-
tions to the maximum extent practicable.

b) Energy Facilities

Virginia supports efforts to increase the nation's energy pro-
ducing and handling capabilities and recognizes the need to have
adequate sites for all types of energy facilities. The state is
mindful, however, of the necessity for balancing the need for such
facilities against the need to consider environmental and other
relevant factors when making decisions about the location and
development of energy facilities in the coastal zone.

IX-6

Table IX-2

Early Federal Participation

2/76 9/76 2/77 9/77 6/78
Federal Introductory Defense Alter- Meeting Affirmative
Agency Meeting Meeting natives Response Proposals Response Invitation Response

Department of Transportation/
Coast Guard
Navy
Corps of Engineers
Air Force
National Aeronautics & Space
Admin.
NASA Wallops Flight Center
Department of the Interior (discontinued regional contact)
(Regional)
Bureau of Land Management
Fish and Wildlife
Service
Bureau of Mines
U.S. Geological Survey
National Park Service
Atlantic Marine Center
(NOS @tARAD)
National Harine Fisheries
Service
Economic Development Admin.
General Services Admin.
Environmental Protection Agency
Federal Energy Admin.
Federal Power Commission
Energy Research & Development Admin.
Nuclear Regulatory Commission
Dept. of Energy
Dept. of Housing & Urban Development
Soil Conservation Service
Dept. of Commerce
Council on Environmental Quality

Table IX-3
Federal Agencies Receiving
Draft CRM Document*
for 1985 Federal Scoping Review

Ad.visory Council on Historic Preservation

Atlantic States Marine Fisheries Commission

Department of Agriculture

Department of Defense

Department of Energy

Department of Health and Human Services

Department of Housing and Urban Development

Department of Interior

Department of Justice

Department of Transportation

Environmental Protection Agency
0 Headquarters
0 Region III

Federal Emergency Management Agency

Federal.Energy Regulatory Commission

General Services Administration

National Marine Fisheries Service

Nuclear Regulatory Commission

U.S. Air Force (Bolling Air Force Base)

U.S. Army Corps of Engineers

U.S. Coast Guard

*November, 1984 public review draft

IX-8

c) Recreation

In Virginia's coastal area recreation constitutes a major in-
dustry an(J opportunity. Public beaches and state parks provide
recreational opportunities for Virginia citizens and out-of-state
visitors. Virginia meets the national interest in recreation
through:

- direct state ownership and management of coastal
parks and recreation areas.

- acquisition and eminent domain authority to
expand or acquire recreation areas.

The Virginia program relies on the recreation policies of the
Virginia Outdoors Plan and its planning process to provide con-
tinuing consideration of the national interest in recreation.

d) Transportation

National interest in transportation is determined through re-
view of the Department of Transportation and other federal trans-
portation laws. The major objective in transportation is to pro-
vide fast, safe, efficient, and convenient access via one or more
modes of transportation for the movement of goods, people and ser-
vices to, from and through the coastal zone. The national interest
in transportation facilities is protected in Virginia through the
development and implementation of the State's port and highway
plans and other state transportation planning an implementation
processes.

Continued consideration of the national interest in the plan-
ning for siting of facilities in the coastal zone will be provided
through the existing state permitting and licensing programs. In
all cases of state permits and/or licenses required for a coastal
'facilit y the national interest will be considered.

During program implementation, the Commonwealth will continue
to consider the national interest in its decisions. During imple-
mentation, Virginia will take into consideration the following
federal policy information, in addition to federal/state consulta-
tion:

a) Presidential policy statements and executive orders
relating to energy, the environment, commerce and
recreation;

b.) Future federal laws and regulations;

c) Future statements from federal agencies regarding
national interests;

IX-9

d) Pl'ans, reports and research studies from federal and
interstate groups, (e.g. , interstate energy plans, river
basin plans); and

e) Testimony from federal officials at public hearings.

IX-10

CHAPTER X

FEDERAL CONSISTENCY

A. Federal Activities

B. Federally Licensed and Permitted Activities

C. OCS Plans

D. Federal Assistance to State and Local Governments

CHAPTER X

FEDERAL CONSISTENCY

One of the benefits to the Commonwealth of Virginia from par-
ticipation in the federal coastal ' management program will be the
opportunity to ensure that federal actions are consistent with Vir-
ginia's federally approved Coastal Resources Management Program.
The federal Coastal Zone Management Act (CZMA) establishes several
broad categories of federal actions which must be consistent with a
state coastal management program. Paragraphs (1) and (2) of Sec-
tion 307(c) of the CZMA requires that federal activities, and de-
velopment projects in or directly affecting the coastal zone be
consistent to the maximum extent practicable with a federally ap-
proved State management program. Subparagraphs (A) and (B) of sec-
tion 307(c) require that federally licensed and permitted activi-
ties affecting any land or water uses of the coastal zone, includ-
ing those which are described in detail in Outer Continental Shelf
plans prepared by industry, also be consistent with a federally ap-
proved state management program. Section 307(d) requires federal
assistance to state and local governments for projects affecting
the coastal zone to be consistent with a state coastal management
program.

The Council on the Environment (COE) is the lead agency in
Virginia for reviewing and responding to all federal consistency
determinations and certifications in Virginia. In that review pro-
cess the COE will consult with appropriate state agencies and in-
stitutions as needed. If COE finds that an activity as proposed
will be inconsistent with the management program, COE will work
with the federal agency and other interested parties, in accordance
with federal consistency provisions, to ascertain whether' the ac-
tivity, proJect, or plan can be made consistent with the approved
management program. The basis for consistency determinations by
federal agencies, and consistency certifications by applicants for
federal permits and others and the consistency determination re-
views by the Council on the Environment is the set of enforceable
policies contained in existing state law and regulations as de-
scribed in Chapter III, Core Regulatory Program and for some GAPCS
in Chapter V.

COE intends to carry out the federal consistency provisions
without causing burdensome responsibilities on applicants and fed-
eral agencies. In this regard, COE will use, to the maximum extent
feasible, information required by existing federal regulations such
as environmental impact statements, environmental assessments, per-
mit applications and grant applications. This information, how-
ever, must include the necessary information outlined in the
National Oceanic and Atmospheric Administration (NOAA) federal con-
sistency regulations (15 CFR 930).

Situations may arise where the COE would have to formally re-
consider a finding it has made on a proposed federal action. Such
a reconsideration might occur if the proposed federal action' were
to cbange significantly and/or if important new information on the
possible effects of that action became available.
X-1

A. FEDERAL ACTIVITIES

Federal agencies are responsible for determining whether fed-
eral activities directly affect the state's coastal a.rea and
whether those activities are consistent to the maximum extent prac-
ticable with the state's approved program. Federal agencies shall
consider all development projects within.the Commonwealth's coastal
area to directly affect that coastal area. All other types of
Federal activities within the coastal area are subject to federal
agency review to determine whether they directly affect the coastal
area. Federal activities outside of the coastal area (e.g., on ex-
cluded federal lands, on the Outer Continental Shelf with the ex-
ception of oil and gas lease sales, or landward of the coastal
area) are subject to federal agency review to determine whether
they directly affect the coastal area (15CFR 930.33).

Consistency review determinations made by federal agencies for
activities directly affecting the coastal zone will be submitted to
COE as the designated lead coastal agency. The federal activities
listed in Part I of Figure X-1 are likely to require a federal con-
sistency determination. Unlisted activities will be monitored
through the intergovernmental review process and other federal-not-
ification processes. The COE will notify federal agencies of un-
listed federal activities which federal agencies have not subjected
to a consistency review but which, in the opinion of the COE, dir-
ectly affect the coastal area and require a federal agency con-
sistency determination. The Commonwealth's listing of federal
activit-ies and its monitoring procedures are neither a substitute
for nor eliminate federal agency responsibility under 15 CFR 930.33
and 930.34 to provide the COE with consistency determinations for
all development projects in the coastal area and for all other fed-
eral activities which the federal agency finds d.irectly affect Vir-
ginia's coastal area (15 CFR 930.35).

Federal agencies are required to notify the state of proposed
activities that will directly affect the coastal zone and must pro-
vide COE with a consistency determination at the earliest practic-
able time in the planning of the activity,. preferably when the
analysis of alternatives is still ongoing. In any case, the con-
sistency determination must be provided to COE no later than 90
days before final approval of the activity. If a federal agency
decides that a consistency determination is not required for a fed-
eral activity because the activity does not directly affect the
coastal area the federal agency shall provide the COE with a noti-
fication, at the earliest practicable time in the planning of the
activity, briefly setting forth the reasons for its negative deter-
mination.

Notification of this negative determination must be given only
for:

X-2

1 a Federal activity- iden-tif ied by a State agency on its
list or through case-by-case monitoring;

(2) a Federal activity which is the same as or similar to
activities for which consistency determinations have been
prepared in the past; or

(3) Federal activities for which the Federal agency undertook
a thorough consistency assessment and developed initial
findings on 'the effects of the activity on the coastal
zone.

The intent of the provision for negative determinations is to pro-
vide the state with an opportunity to review borderline cases.

In meeting the federal requirement (15 CFR 930.37)to notify
the state of a proposed activity the federal agency is encouraged
to give notice through the NEPA process or the Commonwealth Inter-
governmental Review Process (CIRP), If NEPA is not applicable to a
given federal activity, the federal agency is then to directly not-
ify the COE of the proposed activity. Since the COE is already the
state agency responsible for coordinating state involvement in the
NEPA process the use of that process for notification would simpli-
fy matters. Other federal processes will serve for notification if
the COE is not notified directly or through the NEPA process.

When a proposed federal activity will involve the NEPA process
the federal agency must provide the COE with all applicable NEPA
documents as part of the federal agency's obligation to provide
adequate information for the COE's review of the agency's consist-
ency determination. In such cases the COE's review process will
not begin until an Environmental Assessment or a Draft Environ-
mental Impact Statement has been provided -to the COE. During the'
development of NEPA documentation the COE encourages federal agen-
cies to consult with the state at the earliest possible time.

Upon receipt of a consistency determination from a federal
agency, the COE will have 45 days to inform the federal agency of
its agreement or.disagreement with the consistency determination.
If the information provided in support of a consistency determina-
tion does not adequately address a potential impact on the state's
coastal area the state may request that an Environmental Assessment
or a Draft Environmental Impact Statement be developed. The COE
will make a reasonable effort to respond in writing to all consist-
ency determinatioo"and all necessary data and information including
applicable NEPA documents. If the COE makes no response to the
federal agency within the 45-day pe.riod the federal agency is to
presume that the COE is in concurrence with the consistency deter-
mination. If needed, COE may request a one-time extension of 15
days. The consistency determination will be based upon the en-
forceable program policies as described in Chapter III and for some
GAPCs in Chapter V.

X-3

In the event COE is in disagreement with a federal agency's
consistency determination, COE will provide the agency with its
reasons for disagreement, and suggested alternati*s, which , if
adopted, would make the activity consistent with the state's coast-
a 1 prog ram and the agenc y' s r i gh t to request med i a t i on by the U . S.
Secretary of Commerce (15 CFR 930.42).

B. FEDERALLY LICENSED AND PERMITTED ACTIVITIES

Federal regulations (15 CFR 930.50 et seq.) require that
applicants for federal licenses or permits for activities affecting
any land or water use in the coastal area or for certain renewals
or amendments to such licenses or permits shall provide the federal
permitting agency with a certification that the proposed activity
is 'consistent with the state coastal program. At the same time an
application for a license or Dermit is submitted to a federal
agency, federal regulations q 15 CFR 930.57) require that the
applicant shall transmit a copy of- the application together with
the necessary data and information for the consistency
certification to COE. When a proposed federal license or permit
will involve the NEPA process the applicant must provide the COE
with all applicable NEPA documents as part of the federal agency's
obligation to provide adequate information for the COE's review of
the consistency certification.

Federal agencies may not issue a license or permit unless the
state concurs with the applicant's consistency certification, or is
conclusively presumed to concur because the COE has not responded
Within the mandated time frame or unless the U.S. Secretary of
Commerce finds that a proposal is consistent with the objectives of
the federal Coastal Zone Management Act or is necessary in the in-
t-erest of national security. Licenses and permits subject to con-
sistency review are listed in Part II of Figure X-2. In addition,
COE will continue to monitor. other unlisted federal licenses and
permits ahd, if necessary,-.will notify the federal agency, the ap-
plicant, and the Assistant Administrator of NOAA within 30 days of
notification that an unlisted license or permit will be subject to
a consistency review.

The COE shall evaluate the consistency certification based on
the state's enforceable coastal policies, regulations and proce-
dures contained in Chapter III, and Chapter V. The COE will make a
reasonable effort to respond in writing to all consistency certifi-
cations of this class within 30 days of the receipt of the consist-
ency certification and all necessary data and information including
applicable NEPA documents.. If the COE makes no response to the ap-
plicant and the federal agency within 6 months the applicant and
the federal agency are to presume that the COE is in concurrence
with the consistency certification. If the COE has not completed
its consistency evaluation within three months of receipt of the
consistency certification and the necessary data and information,
COE shall notify the applicant and the federal agency of the status
of the evaluation and the basis for further delay.

X-4

Public notice of the proposed activi-tv will be pr6vided-by the
federal agency reviewing the application for the federal license or
permit (e.g., intergovernmental review notices, notice of availa-
bility of NEPA environmental impacts statements) as provided for in
federal regulaitons (15 CFR 930.61).

Where a state agency has assumed the responsibility for admin-
istration of a federal license or permit program the issuance of
such a license or perm@it by that state agency shall constitute
state concurrence with the consistency certification. In the case
of the VMRC and the joint permitting process for local, state and
federal wetlands permits the issuance of a state wetlands permit
for any activity also requiring a Corps of Engineers' 404 permit
shall constitute state concurrence with the consistency certifica-
tion.

When COE objects to a consistency certification, it will noti-
fy, in writing, the applicant, the federal agency and the Assistant
Administrator of NOAA. As required by federal regulations (15 CFR
930.64) the notification will describe how the proposed acitivty is
inconsistent and alternatives, if any, which would make the activi-
ty consistent, and the applicant's right of appeal to the U.S.
Secretary of Commerce.

C. OCS Plans

Plans for the expl.oration, development and production of Outer
Continental Shelf (OCS) resources and all associated license and
permits for activities described in-detail in such plans which af-
fect land and water uses in the coastal area will be evaluated for
consistency with Virginia's coastal resource management program in
accordance with NOAA federal consistency regulations. The review
will be coordinated by COE and based on the enforceable policies
and-standards of the state's coastal program (15 CFR 930.70
et seq.) In accordance with a 1984 U.S. Supreme Court decisio 'n
(Secretary of the Interior et al. v. California et al., 464 U.S.
312 (1984)) and NOAA regulations interpreting that decision (50
FR 35210 (Aug. 30, 1985)), OCS lease sales 'are not subject to the
federal consistency provisions of the CZMA.

The COE is already the state's coordinator for OCS matters and
will process all OCS plans as soon as reasonably possible. The
maximum review period as established by federal regulations is 3
months following commencement of state review, with an additional
3-month period available to the state upon notification to the ap-
propriate parties of the status of the review and the basis for
further delay. Total review time cannot exceed 6 months. The COE
will make a reasonable effort to respond in writing to all consist-
ency certifications for OCS plans within 60 days of receipt of the
consistency certification and all necessary data and information
including NEPA documents where applicable. If the COE makes no
response to the applicant a.nd the federal agency within 3 months
the applicant and the federal agency may presume that the COE is in
concurrence with the consistency determination. In the event that

X-5

the COE objects to a consistency certification for -an OCS activitv
the COE, as required by Federal regulations (15 CFR 930-79) will
provide the applicant and the federal agency with: 1) the COE's
reasons for disagreement, 2) suggested alternatives which, if a-
dopted, would make the OCS plan consistent with the State's coastal
program, and 3) notice of the applicant's right to appeal to the
U.S. Secretary of Commerce.

In accordance with regulations found at 30 CFR 250.34-1(1) and
Section 307(c)(3).(B) of the CZMA, no li&ense or permit (e.g., per-
mit to drill) shall be issued until such time that the Virginia
Council on the Environment has "concurred" or has been conclusively
.presumed to concur, with the lessee's (i.e., applicant's) coastal
zone consistency certification accompanying an exploration, devel-
opment or production plan. In the case of an objection, the
"approved" plan shall be returned by the federal agency to the
.lessee for modification to accomodate the State's objection.
Alternatively, the objection can be appealed to the Secretary of
Commerce pursuant to the procedures described in (15 CFR 930.120
et seq.). In no case will a permit or license be granted until
the U.S. Secretary of Commerce has taken action on the consistency
objection.

Public notice of the proposed activity will be provided by the
federal agency reviewing the OCS plan and its associated licenses
and perm'its. 'Notice will be provided through regular OCS related
procedures of the federal government.

D. FEDERAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

Through the state's intergovernmental review agency, COE will
receive applications for federal assistance. State or local gov-
ernment applications for pr@ojects affecting the coastal zone in-
cluding planning, designs, construction, alteration or expansion of
physical development projects will be subject to a consistency re-
view and federal regulations (15 CFR 930.90 et seq.)-,require that
the applicant must certify consistency with the policies of the
program. This certification must be contained in the intergovern-
mental review notification or another process.

The COE will make a reasonable effort to respond in writing to
all consistency certifications of this class within 30 days of re-
ceipt of the consistency certification and all necessary data and
information including NEPA documents, where applicable. If an ap-
plicant for federal assistance has not provided the COE with a con-
sistency certification, the COE will contact the applicant and the
federal agency informing them that a consistency certification is
required under federal regulations (15 CFR 930.95).

If the COE objects to an application it will notify the state
intergovernmental review agency, the applicant and the federal
agency of its disagreement with the consistency certification. Un-
less and until the objection is resolved federal funds may not be
obligated to that activity. The objection will describe how the

X-6

proposed project is inconsistent with enforceable policies and
shall recommend alternative measures, if any, which would make the
project consistent . Applicants will also be notified of appeal
procedures under NOAA regulations (15 CFR 930.96).

If the COE offers no objections to an application within the
60 day time period of the intergovernmental process then the appli-
cant and the federal agency are to-presume that the COE is in con-
currence with the consistency certification.

X-7

FEDERAL ACTIVITIES SUBJECT TO CONSISTENCY REVIEW
UNDER THE VIRGINIA COASTAL PROGRAM

PART I. FEDERAL ACTIVITIES AND DEVELOPMENT PROJECTS LIKELY TO
DIRECTLY AFFECT THE COASTAL ZONE

Department of Commerce/National Marine Fisheries Service

0 Fisheries management plans.

Department of Defense/Army Cor .ps of,Engineers

0 Proposed projects, authorizations for dredging, channel work,
breakwaters, other navigation works, erosion control struc-
tures, reservoirs, dams, beach nourishment, and other public
works projects.

Department of Defense/Air For@ce, Army and Navy

0 Location, acquisition, and design of new or enlarged defense
installations. Actions conducted on federal lands with poten-
tial impact on non-federal coastal land and water including
construction, expansion or surplusing of buildings or acquisi-
tion of land.

Department of the Interior/Fish and Wildlife Services

0 Acquisition and managemen t including master plans of National
Wildlife Refuges.

Department of the Interior/National Park Service

0 Acquisition and management'including master plans of. national
parks and seashores.

Departmpnt of Transportation/Coast Guard

0 Location, design, and acquisition of new or enlarged installa-
tions as well as closure of existing facilities.

.Department of Transportation/Federal Aviation Administration

0 Construction, maintenance, and. demolition of federal aids to
navigation.

General Services Administration

0 Disposal of surplus federal land, property acquisition and
building construction.

X-8

PART II. FEDERALLY LICENSED AND PERMITTED ACTIVITIES

Department of Defense//Army Corps_of Engineers

0 Section 9 and 10 permits; Rivers and Harbors Act of 1899.

0 Section 404 permit; Clean Water Act and amendments.

0 Section 103 permit, Marine Protection Research and Sanctuaries
Act of 1972.

Department of Energy/Federal Energy Regulatory Commission

0 License for non-federal hydroelectric projects; Section 4(e),
Federal Power Act.

0 Abandonment of gas pipeline; Section 7, Natural Gas Act.

0 Certificates authorizing construction, or operation of or
facilities for transportation or storage of natural gas; Sec-
tion 7, Natural Gas Act.

Department of Energy/Economic Regulatory Admini_stration

0 Options and orders for permission for delivery of imported
LNG.

Department of the Interior/Bureau of Land Manag_jement and Mineral'
Mangement Service

0 Permit for pipeline rights--of-way for oil and gas transmission
on Outer Continental Shelf.

Department of Transportation/Coast Guard

0 License for the construction and operation of deepwater ports;
Deepwater Port Act of 1974.

0 Permit for construction or modification of bridge structures
across navigable waters of the United States.

Department of Transportation/Federal Aviation Administration

0 Permit and license for the construction, operation, or altera-
tion of airports.

Environmental ProtectionAgency

0 National Pollution Discharge Elimination System (NPDES) per-
mit; Section 402 & 403, Federal Water Pollution Control Act.

X-9

0 Ocean dumping permit (exercised jointly with Army Corps of
Engineers).

0 Section 102 permit, Marine Protection Research and Sanctuaries
Act of 1972. Designation of Ocean Dumping and Incineration
sites (including at sea incineration).

Nuclear Regulatory Commission

0 Permit and license required for the construction and operation
of nuclear pl-ant.

Interstate Commerce Commission

0 Abandonment of rail lines.

National Park Servi,pe

0 Land and Water Conservation Fund

0 National Historic Preservation Fund

X-10

CHAPTER XI

PARTICIPATION BY THE PUBLIC AND OTHER INTERESTED PARTIES

A. Participation During Early Stages of Coastal Resources
Management Program Development

1. Regional Advisory Committees
2. Public Hearings
3. Publications
4. Federal Agency Consultation

B. Participation After Reactivation of CRM Program
Development Efforts

1. Public Hearings
2. Local Government Coordination
3. Other Public Meetings-
4. Biennial Review
5. Continuing Federal Agency Consultation

C. Participation Opportunities After Program Approval

1. Major Planning,.. Management and Budget Processes

a. Virginia's Biennial Planning and Budget Process
b. Chesapeake Bay Commission's Biennial Review
C. Chesapeake Executive Council's Planning Process
d. NOAA's Review of VC'RMP

2. Meetings of Major Government Organizations

3. Virginia's River Basin Committees

4. Other Participation.Opportunities

CHAPTER XI

PARTICIPATION BY THE PUBLIC AND OTHER INTERESTED PARTIES

The management of coastal resources is a complex task due to
the presence of a variety- of 'natural resources, land and water
uses, and their interrelationships in and around Virginia's creeks,
rivers, the Chesapeake Bay, and the Atlantic Ocean. It was recog-
-nized early in the program that opportunities for participation by
those individuals and groups who have interests in the future of
Virginia's coastal zone was critical to the development of an ef-
fective and acceptable management program. Consequently, involve-
ment in the program by state and federal agencies,. local govern-
ments, regional organizations, private and public interest groups,
citizens and their legislative representatives, was sought, en-
couraged and obtained from the outset.

Virginia first initiated its coastal resources management pro-
gram in the summer of 1974.* Since that time, public participation
efforts have been directed toward achieving three goals:

1) To provide ample opportunity for public participation in
the planning and implementation process,

2) To inform government agencies; civic, professional, and
interest groups; and the general public about the pro-
gram's status development, and implementation on a con-
tinual basis, and

3) To increase public understanding of coastal planning and
management needs.

A. PARTICIPATION DURING EARLY STAGES OF COASTAL RESOURCES
MANAGEMENT PROGRAM DEVELOPMENT

1. Regional Advisory Committees

When Virginia was formulating its preliminary coastal re-
sources program plan, regional advisory committees (RACs) were or-
ganized in each regional planning district during the Fall of 1974.
The RACs were then the primary channel for public participation in
coastal resources management (CRM) for each planning district re-
gion. Additionally, the RACs were a focal point for public comment
and input in program development. Membership of the RACs included
local government representatives, private organizations with coast-
al zone interests, and citizens at large. State agency staff mem-
bers from VIMS, the Division of State Planning and Community
Affairs, and MRC kept the planning district commissions informed on
the CRM program by acting as liaisons with the RACs.

XI-1

2. Public Hearings

Numerous public hearings including legislative committee pub-
lic hearings have been held during program development.

Prior to public hearings held for the originally proposed
coastal resources management program, 926 copies of Proposals for
Coastal Resources' Management in Virginia were distributed to the
public. As listed below, forty-six public hearings or meetings
were held on this document from October through December 1977.

Norfolk October 12, 1977*
Eastern Shore October 13, 1977*
Saluda October 17, 1977*
Warsaw October 18, 1977*
Hampton October 19, 1977*
Richmond October 20, 1977*
Fredericksburg October 24, 1977*
Northern Virginia October 26, 1977*
Hopewell October 27, 1977*
Fredericksburg- November 21, 1977
Prince George November 29, 1977
Norfolk November 30, 1977
Glenns December 1, 1977
Richmond December 6, 1977
Hampton December 7, 1977
Springfield December 8, 1977
Warsaw December 13, 1977

*An afternoon and evening hearing was held on this date.

By Legislative Committees:

Richmond July 18, 1978
.Hampton July 19, 1978
Warsaw July 25, 1978
Fredericksburg July 27, 1978
Eastern Shore August 9, 1978
Norfolk August 10, 1978
Senate Committee on Agriculture, December 2.8, 1978
Conservation and Natural
Resources
Subcommittee of Committee on January 12, 1979
Agriculture, Conservation and
Natural Resources
Subcommittee of Committee on January 29, 1979
Agriculture Conservation and
Natural Resources
House Committee on Conservation February 16, 1979
and Natural Resources

XI-2

Public hearings were held by the Joint Subcommittee on Coastal
Resources Management on an "Issue Paper" in six locations in Tide-
water in July and August, 1978. Subcommittee Chairman Joseph
Gartlan met with local officials at each hearing location, prior to
the hearings, to allow further comment and participation by those
who would be most affected by the Coastal Resources Management Act.
Additional public hearings were held during the 1979 General
Assembly Session while the Coastal Resources Management Act was
being considered by the Senate Agriculture, Conservation and
Natural Resources Committee and the House Conservation and Natural
Resources Committees.

Comments on the Virginia CRM program have been many and varied
in their focus, scope, and level of detail. The majority of com-
ments received prior to the 1982 reactivation of the CRM program
development efforts were made during comment periods associated
with public hearings held during 1977, 1978, and 1979.

3. Publications

During the program planning process, numerous publications
were developed to help increase public understanding of the pro-
gram. Pamphlets, brochures and fact sheets on coastal resources
management were developed and distributed to public and private
groups. Mailings totaled over 9000. Newspaper articles on the
program were published in Tidewater newspapers. Newsletters pub-
lished by the Virginia Institute of Marine Science, Virginia Poly-
technic Institute Extension Service, and the State Soil and Water
.Conservation Commission have periodically included articles about
CRM during program development. Two program drafts were published
for discussion purposes: Alte.rnatives for Coastal Resources
Manag6m ent in Virginia (January 1977) and Proposals for Coastal
Resources Management in Virgini (September 1978) (public-hearing
document). The public comments received on these program drafts
were instrumental in developing the final program proposals.

Numerous technical reports were prepared throughout the plan-
ning process on the premise that a sound management program needs
to be based on technical information. The Commonwealth's vegetated
wetlands and shorelines have been extensively inventoried. The
resulting 31 Tidal Marsh Inventories and 28 Shoreline Situation
Reports define the condition, form, type and location of Virginia's
wetlands and the remainder of the shoreline in a scale useful for
meeting the management needs of local governments.

4. Federal Agency Consultation

During Virginia's preliminary program development, a list of
Federal agency CZM contacts was compiled. Communication with these
individuals ensured that an exchange of ideas and comments between

X1-3

Federal agencies and the State was developed and continued It
also provided a ready means for resolving misunderstandings. Tables
IX-2 & ZK-3 summarize thestate-federal consultation that was undertaken
at this time.

B. PARTICIPATION AFTER REACTIVATION OF CRM PROGRAM
T
DEVELOPMENT &FFOR 7

In 1980, Virginia developed its own Coastal Resources Manage-
ment program based on state programs existing at the time. They
were tied together by a biennial review and coordination process.
In 1982 Virginia reactivated its efforts to achieve federal ap-
proval of its Coastal Resources Management program. -Since 1980, a
number of additional public participation activities have been
undertaken.

1. Public Hearings

During 1980 thro.,ugh 1984, significant additions were made to
Virginia's CRM program. Numerous public hearings were held in the
Virginia House and Senate to discuss the proposed changes.

a. A subcommittee of the House Conservation Committee was
appointed to address non-vegetated wetlands. A public
hearing- was held for this purpose at Virginia Beach dur-
ing September of 1979. Subsequent meetings of the sub-
committee were held in Richmond during December 1979 and
January 1980.

b. During January and February of 1980, both the House and
Senate conducted public hearings to discuss possible ac-
tion for non-vegetated wetlands. Two pieces of legisla-
tion were introduced and reported on.

C. During January and February of 1980, both the House and
Senate conducted public hearings to discuss the Coastal
Primary Sand Dunes Protection Act and the establishment
of a Chesapeake Bay Commission. Three separate pieces of
legislation were introduced and reported on related to
protection sand dunes. The Sand Dune bill became law in
1980.

d. Public hearings were held by three House and Senate Com-
mittees between January and February of 1982 to address
procedures of wetlands boards.

e. The 1984 General Assembly session resulted in several
public hearings regarding sand dune legislation. During
January and February more than 7 legislative public hear-
ings were held to discuss reaches of the Chesapeake Bay
and emergency sand grading activities of non-vegetated
wetl.ands on the Atlan @@C_4 shoreline.

The Council on the Environment held many public hearings of
its own throughout the state between 1980 and 1984 related to the
CRM program implementation. Major issues of the hearings listed
below included coastal management issues and Virginia's program, as
well as issues specifically related to Bay management.

Richmond June 26, 1979
Hampton June 27, 1979
Roanoke June 28, 1979
Fairfax June 11, 1980
Blacksburg June 12, 1980
Norfolk June 17, 1980
Richmond June 18, 1980
Norfolk April 14, 1981
Richmond April 15, 1981
Abingdon April 16, 1981
Arlington April 21, 1981
Charlottesville April 22, 1981
Charlottesville April 28, 1982
Blacksburg April 29, 1982
Fairfax May 3, 1982
Norfolk May 4, 1982
Abingdon May 10, 1983
Danville May 11, 1983
Newport News May 18, 1983
Arlington May 19, 198*3

2. Local Government Coordination

Local governments have been- given a special opportunity to
participate in the CRM program development. Eight meetings were
held du 'ring the months of September and October of 1983 at Tide-
water regional planning district commission offices where the CRM
program was presented by the Council on the Environment. Listed
below are the locations where those meetings were held.

Richmond Regional Planning
District Commission October 13, 1983
Eastern Shore Regional
Planning District Commission October 17, 1983
Peninsula Regional Planning
District Commission October 18, 1983
Southeastern Regional Planning
District Commission(mail only) October 19, 1983
Middle Peninsula Regional
Planning District Commission October 19, 1983
Radco Regional Planning
District Commission October 19, 1983
Northern Neck Regional
Planning District Commission October 24, 1983
Crater Regional Planning
Uistrict Commission October 26, 1983
Northern Virginia Regional
Planning District Commission Qctober 27, 1983

XI-5

The Commonwealth has relied on the planning district commis-
sions within the coastal area to serve as a vehicle for coordi-
nating its VCRMP with applicable plans of local governments and
areawide agencies. No conflicts between the VCRMP and any applic-
able plan has been identified by any local government or areawide
agency.

The CRM. program will continue to receive input and direction
from local governments through the PDC's established for each plan-
ning region. Because of their proximity to local governments and
the relatively accessible forum they provide for citizens, the
PDC's often serve as the main communication lines between citizens
in coastal localities and the implementing state and local agen-
cies.

3. Other Public Meetings

Miscellaneous other meetings have recently been conducted to
ensure the continued involvement and par-ticipation of public and
private groups. Presentations of the CRM Program have been made by
the Council on the Environment to following groups since Fall
1983:

State Chamber of Commerc e
Virginia Manufacturers Association
Environmental Defense Fund
Chesapeake Bay Foundation
Conservation Council of Virginia
League of Women Voters
Garden Clubs of Virginia
Virginia Audubon Society-
Nature Conservancy
Virginia B.A.S.S. Federation
Float Fishermen of Virginia
Trout Unlimited
Various civic groups

Quarterly meetings of the Council on Environment include sta-ff
reports and recent activities and allow for public review and com-
ment Those meetings which included reports of Virginia's 'Coastal
Resources and Bay Management programs, review of the CRM process,
discussions of proposed and enacted coastal legislation-, as well as
comments by private and public groups, are listed below.

Richmond January 7, 1980
Richmond April 15, 1980
Melfa October 14, 1980
Richmond January 13, 1981
Norfolk April 15, 1981
Richmond July 21, 1981
Staunton October 28, 1981
Richmond February 2, 1982
Richmond July 22, 1982

XI-6

Highland Springs January 11, 1983
Richmond July 7, 1983
Richmond October 18, 1983
Richmond January 10, 1984
Richmond July 25, 1984

4. Biennial Review

Maintaining a commitment to a comprehensive approach toward
management of vital and irreplacable resources, in 1981 Virginia
initiated a process for biennial review and evaluation of its
coastal resources. Every two years the Council on the Environment
undertakes a thorough review and analysis of state agency activi-
ties pertaining to Virginia's Coastal Resources Management Program.
A document is produced and 'distributed to the public, private in-
terests groups, state, regional, and local agencies, and other
interested parties. Comments and recommendations are reviewed and
evaluated for possible inclusion in the program.

The 1983 biennial review included a special focus on the
development of new and enhanced statewide activities related to the
Chesapeake Bay. For this reason:, public review of and input for
the State's CRM program took a slightly different format. The 1983
and early 1984 public hearings and meetings listed elsewhere in
this section resulted in a much higher rate of participation.

C. PARTICIPATION OPPORTUNITIES AFTER PROGRAM APPROVAL

The responsibil'ity to provide the public and other interested
parties with opportunities to participate in the VCRMP after pro-
gram approval will be met through a var-iety of mechanisms described
below. The public, local governments, areawide agencies, state
government agencies and institutions, federal government agencies
and other interested parties will have continuing opportunities to
review VCRMP activities and to raise questions and make comments
and suggestions. The COE is already charged with coordinating the
State's involvement in Bay and coastal matters and, as the VCRMP
lead agency, the COE will make every reasonable effort to ensure
that all of those interested in the VCRMP will have an opportunity
to gain information and to be heard.

1. Major Planning, Managem@nt and Budget Processes.

a. Virginia's Biennial. Planning and Budget Process.

The Commonwealth has a planning and budget process that is
almost continuous and designed to produce a plan of operations and
budget every two years. While this is primarily an internal state
government process the COE will solicit comments and recommenda-
tions on Bay and coastal matters so that all interested parties can

XI--7

offer comments'and recommendations to be considered in the planning
and budget process.

b. Chesapeake Bay Commission's Biennial Review.

The Chesapeake Bay Commission is setting up a pattern of bien-
nial reviews of Bay -management. These reviews will be well-
publicized 'public events lasting several days, and a major effort
will be made to invite all potentially- interested parties. It is
expected that there will be opportunities to ask questions and to
make comments and recommendations. As this is a legislative com-
mission it has a major role in shaping state coastal policies and
related legislation and funding.

C. Chesapeake Executive Council's Planning Process.

The Chesapeake Executive Council has begun a process of devel-
oping and annually updating a 3-year plan for the cooperative man-
agement of the Chesapeake Bay. The plan consists of statement of
Bay management goals and objectives, a detailed overview of all
relevant state and federal implementation programs and information
on related activities such as public participation and environ-
mental monitoring. The function of the plan is to provide for the
most effective use of limited resources to achieve Bay restoration
and protection. Chesapeake Bay management activities are a major
portion of the Commonwealth's coastal resource management effort.
The COE is the state's coordinator for matters relating to the
Chesapeake Executive Council.

Various Federal and State agencies are represented on the
Council's Implementation Committee, the scientific -community is
represented on the Council's Scientific and Technical Advisory Com-
mittee and a wide range of interests' is represented on the
Council's Citizens.Advi 'sory Committee. Interested parties may di-
rect questions, comments and recommendations to any of these
groups, including the Council, during the annual plan review pro-
cess.

d. NOAA's Review of VCRMP.

Under Section 312 of the Federal Coastal Zone Management Act
NOAA is required to periodically review the performance of states
participating in the federal coastal program. Since the CRMP is a
voluntary program the primary function of the review is to
determine whether the state is meeting CZMA requirements so it can
continue to receive CZMP funds. This is a public process, and NOAA
solicits comments from interested parties so that the most
searching review can be achieved.

2. Meetings of Major Government Organizations

Interested parties have many opportunities to comment on
coastal matters at a wide range of regularly scheduled public meet-
ings. Notice of these meetings will be found in the "Calendar of

XI-8

of Events" of the Virginia Register of Regulations and/or public
information materials of the orgLnizations.

The major coastal related government organizations are as fol-
lows:

a. Virginia Council on the Environment; quarterly meet-
ings and biennial public hearings.

b. Chesapeake Execut,,.ve Council and its Citizens Advis-
ory Commitee; quarterly meetings

C. Chesapeake Bay Commission; quarterly meetings.

d. Regularly scheduled meetings of Virginia's manage-
ment agencies.

3. Virginia's River Basin Committees

The Virginia river basin committees were created to provide
citizens living in the drainage basins of the Virginia tributaries
to the Bay with an opportunity to participate in the identification
and resolution of key management issues relating.to the water qual-
ity and resources of the Chesapeake Bay estuarine system. There
are eight river basin committees with a total average membership of
160 individuals representing thE! widest range of basin interests.
(Most of the Virginia CAC members have elected to serve on a river
basin committee as well. The coordination and support of the river
basin committees is provided by Citizens Program for the Chesapeake
Bay staff operating in close cooperation with the Council on the
Environment Administrator.

At this point in their evolution the primary focus of the ef-
for*ts of the river basin committees is the Commonwealth's planning
and budget process. The scheduling of the meetings and activities
of the committees is tied to the schedule of that state process so
that the citizens have the earliest possible opportunity to recom-
mend budget actions and to respond to preliminary state budget pro-
posals. Their formal comments and recommendations are addressed to
the Secretary of Natural Resources and the Governor.

4. Other Participation Op)ortunities

These are two other categories of participation opportuni-
ties that are available to interested parties: miscellaneous gov-
ernment reviews and special notices and meetings.

X.1-9

a. Miscellaneous government review processes.

There are two government review processes that often deal
with projects, grants, etc. relating to the coastal area. One of
these is the NEPA process and the other is the federal-state inter-
governmental review process. In both cases Federal, State and
areawide agencies are directly involved in the processes, and other
interested parties have the opportunity to participate through the
areawide agencies (planning districts).

b. Special notices and meetings.

In those few instances where other notification procedures
will not apply and/or be adequate the COE will make a reasonable
effort to notify interested parties of important VCRMP related
events, deadlines, etc. Special meetings with COE staff and/or
other VCRMP stae agencies also can be arranged by the COE at the
request of an interested party and at the convenience of all
parties involved.

XI-10

. PART III - ALTERNATIVES TO THE PROPOSED ACTION

PAkT III: ALTERNATIVES TO THE PROPOSED ACTION

A. INTROOLICTION

Given the nature of the proposed action, which is approval of the
Virginia Coastal Resources Management Program, 611 Federal alternatives
involve a decision to delay or deny approval. To delay or deny approval
could be based on tallure ot the Virginia program to meet any one of the
requirements of the Federal Coastal Zone Management Act. In approving a
CZM program, affirmative findings must be made by the Assistant Administrator
of the National Ocean Service on CZMA statutory and regulatory requirements.

The Commonwealth's response to the need for wise coastal management has
been to combine eight core regulatory programs and twenty-four goals into a
comprehensive program to manage coastal resources in an administrative
network coordinated by the Secretary of Natural Resources with ultimate
oversight by the Governor.

In an effort to elicit public and agency comment and assure that the
Assistant Administrator's determination will be appropriate, this Section
provides for the alternative to delay or deny approval based upon any
deficiencies identified through the public review prucess. Before examining
the alternatives, the following Section identifies the generalized impacts
that would result from delay or denidl on any basis.

1. Loss of Federal Funds to Administer the Program. Under Section
3U6 of the CZMA, Virginia would receive IT million fur the first year to
administer its coastal management program. The loss of these funds and
Juture funding would negatively impact the State's ability to enhance
their current management efforts.

2. Loss of Consistency of Federal Actions with the Coastal Resources
Management Program and its Policies. Program approval would mean that
Federal actions would be subject to the consistency provisions of Section 307(c)
and (d) to determine their consistency with the VCRMP. This would be of
particular concern to the Commonwealth of Virginia since its coastal zone
is heavily influenced by Federal activity.

3. Loss of Adequate Consideration of the National Interest in the
Siting of Facilities Which are Other Than Local in Nature as ReELE@@
Section 306(c)(8) of the CZMA. B-y-_d_eT`Myin9 or denying program approval,
the Commonwealth and local governments would be under no obligation under
Section 3U6(c)(8) to give adequate consideration to coastal facilities that
are of national interest. This could result in loss of public benefit that
the use of such facilities may provide. Irrespective of this Federal
provision, Vir@inia's process for reviewing the siting of facilities as a
matter of course takes the national interest into account.

B. FEJE,@@AL/CJMIIONWEALTH ALTERNATIVES

Alternative 1: The Assistant Administrator could delay or deny ap@roval if the
scope oF the program (authorities and policies) is not sutticient to mee-F-t-Fe-
Federal requirements.

Sections 302 and 303 of the Federal Coastal Zone Management Act prescribe
a wide scope of resources, impacts and uses which must be managed by a state
coastal management program. The Virginia Coastal Resources Management Program
is based on existing Commonwealth laws, polici 'es, goals and regulations Which,
to@ether@, should provide adequate management of coastal resources and impacts
in cluding wetlands, fisheries', subaqueous lands, dunes, nonpoint source pollution,
point source pollution, shorel'ine sanitation, and air pollution. Should the
scope of the existing laws and regulations be insu 'fficient to meet Federal
requirements based on concerns raised as a result of the review of this document,
the Assistant Administrator could deny or delay approval until new laws or
regulations increasing the scope of the program authorities and/or their
specificity are adopted.

0 In response to such actions, the Commonwealth could
adopt new laws or regulations remedying the deficiencies,
or withdraw its application for Federal approval of the
Virginia Program.

Alternative 2: The Assistant Administrator could delay or deny approval if the
Commonwealth is-not adequately organized to implement the Management Program.

The ultimate 'responsibility for the coordination and oversight of Virginia's
coastal resources management activities rests with the Governor and will be
exercised by the Secretary of Natural Resources in conjunction with other
affected Secretaries. Assisting the Secretary in carrying out these responsi-
bilities With respect to the Virginia Coastal Resources Management Program is
the Council on the Environment and its staff.

The Program consists of three levels of operational responsibility.
Implementation of the core regulatory program is carried out at the operational
level; policy guidance is provided at the overview level; and, on the adminis-
trative level, administrative details are handled which are necessary for
coordination of the overal I program.

It is the goal of this program to improve and enhance present Commonwealth
level coastal resource protection and decision making through the coordination
of agency actions. If weaknesses or gaps are found in the organizational
structure, they could cause a loss in the approved program status, funding
under al I sections of the CZMA, and Federal consistency authority.

0 In response to such actions, the Commonwealth could strengthen the
organizational structure of the program as developed to ensure
effective implementation of the Virginia Coastal Resources Manage-
ment Program; develop a program using a different management
scheme; or withdraw the application for Federal approval of the
Virginia Coastal Resources Management Program.

PART IV: DESCRIPTI'ON OF THE AFFECTED ENVIRONMENT

PART IV: DESCRIPTION OF THE AFFECTED LNVIRONMENT

Because of its extent and div-rsil yj Virginia's coastal area is difficult
to describe concisely and simply. With oceanfront shoreline and three miles
of offshore territorial sea and estuaries which bring the effects of salt,
tide, and navigation as much as 100 mi'es inland, the portion of the Commonwealth
known as "Tidewater Virginia" measures over 180 miles from north to south and
more than 130 miles east to west. Within this area, both natural and cultural
features range widely from the wild, undeveloped beaches of the barrier
islands to the "hard" shoreline of Hampton Roads' port facilities, to the
pastora1 forests and farms along the lower James, from the bustling boardwalk
on a summer weekend at Virginia Beach, to the solitude of oystermen working
the Rappahannock oyster rocks in mid-winter.

Diver se and extensive as it is, Virginia's coastal a rea naturally contains
numerous features and qualities of value to man in one way or another--values
which make us consider those features a.s coastal resources . It should be noted
that "value" and "use" are interpreted here in a broad, ecological sense so
.that coastal features which are not directly used by man but which play
integral roles in s ystems whose other components may be used directly, may be
given equaT -or _d`v-en_ g`r_ea_te@ importance than some other features. In such
cases, the systems are described or the interrelationships noted.

If a particular resource is considered valuable because of the use man
does or could make of it, then factors which damage or destroy that resource
or otherwise interfere with man's ability to use it must be viewed as resource
management conflicts or problems.

For purposes of organization, Virginia's coastal resources are divided
into three geographical subsets: A. The Land; B. The Edges; and C. The
Water. A fourth element, D., deals with the biological productivity or
Living Resources associated with the entire coastal area.

A. LAND

The land portion of Virginia's coastal area consists of Tidewater Virginia
as defined in'Virginia Code �62.1-13.2. This area measures over 180 miles from
north to south and more than 130 miles east to west, and includes the easternmost
third of the Commonwealth. Encompassing 29 counties and 17 cities, it extends
from Fairfax County on the Potomac River southward to Southampton County and
the cities of Chesapeake and Virginia Beach on the North Carolina border.

Although Tidewater Virginia represents only 11,300 square miles or about
29 percent of the land area of the Commonwealth, it contains much of the state's
wealth in terms of population and economic and natural resources. In 1981,
3,156,400 people or 58 percent of Virginia's population were located in
Tidewater. Much of this area's population and economic growth during the
past years occurred in the Tidewater"s five Standard Metropolitan Statistical
Areas.

Ge 9_gra p@X

Much of Tidewater is low-lying land, traversed by tidal rivers.
streams, and creeks which flow-into the Chesapeake Bay. Three major
peninsulas characterize this eastern part of Virginia: the Northern Neck
between the Potomac and the Rappahannock Rivers, the Middle Peninsula between
the Rappahannock and the York Rivers, and the Peninsula between the York and
the James Rivers. These rivers are navigable to the Fall Line, a visible
line, generally evidenced by rapids, which marks the inland extent of tidal
influence.

The Eastern Shore, forming the lower tip of the Delmarva Peninsula,
lies eastward of these peninsulas across the Chesapeake Bay. Isolated barrier
islands lie off its Atlantic Coast, and tidal inlets indent the Bay side.

The extreme southern part of Tidewater extends roughly from the south bank
of the James River to the North Carolina border.

2. Groundwater Geology

Groundwater in the Tidewater Virginia area varies considerably in
quantity, and accessibility (depth) from one locality to another. Groundwater
in this area can be obtained from three major zones: groundwater aquifers, the
upper artesian aquifer, and the principal artesian aquifer. Throughout most of
the region, the Yorktown sandstone formation is the principal aquifer. In
general, water reaches these aquifers by percolation downward through the
intervening layers of sediments which increase in depth toward the sea. Water
stored in these aquifers is normally under pressure and will flow freely from a
well until the pressure is-reduced. If the water is withdrawn faster than the
water is replenished through downward percolation and movement, the water table
is lowered and shallow wells will go dry. Thus, excessive withdrawal. of
groundwater in populated areas may cause severe water supply problems. Further-
more, excessive pumpage of groundwater over prolonged periods may cause saltwater
intrusion and land subsidence.

3. Topography
tidewater Virginia is a low plain, ranging from sea level to an
average of 300 feet in elevation at the Fall Line, where it borders on the
Piedmont Physiographic Province.

The southeastern portion contains the largest acreage of level land,
and fairly large, flat poorly drained areas occur in the middle and northern
parts as pocosins (swamps) and low marine terraces. These terraces are flat,
step-like, and separated by scarps, generally increasing in elevation away from
the Atlantic Ocean. At least three of these terraces can be identified in the
Hampton Roads area: the Princess Anne Terrace, the Dismal Swamp Terrace, and
the Wicomico Terrace. In general, the surface relief of the area varies from
level to gently rolling with some bluffs along the edges of drainageways.

On the Eastern Shore the topography is generally low, featureless,
and frequently marshy, with barrier islands and shoals extending offshore in
places.

4. Soi I s

Differences in soils are caused primarily by geologic formations (parent
materials, temperature, rainfall, tooociraphy, and drainage. Soils in Tidewater
may be described in three regions: Chesapeake Bay Region, Middle Coastal Plain,
and Flat Woods.

Soils.within the Chesapeake Bay Region are developed mostly from
marine deposits of sand, silt, and/or clay. Most of the sandy soils are near
the Bay. Soils in which impervious hardpans have developed are closer to the
Fall Line. Forestlands and pastures are the prevalent feature of these soils,
and crops can be grown if proper drainage is provided.

The Middle Coastal Plain contains large areas of poorly drained soils,
which are developed from the same marire deposits and parent materials as the
Chesapeake Bay Region. Soils of this region are suited for many of the same
uses as those in the Chesapeake Region: pastures, forestlands, crops, and, in
some areas, septic systems.

The Flat Woods region is locatE,d in the southeastern part of the Common-
wealth. The area is generally flat, and most of the soils are poorly drained;
however, there are small areas of well-drained soils which are important locally.
The Dismal Swamp, which occupies 4 percent of this area, is covered by organic
soils such as peat, mucky peat, and mud. Associated with the Dismal Swamp area
and other smaller swamps in the Tidewater area are mineral soils high in organic
matter.

5. Climate

The Tidewater Virginia area has a humid, oceanic climate, with tempera-
tures averaging 40 degrees (F.) in January and 78 degrees in July. The average
annual precipitation is approximately 46 inches. The average growing season
is abou 't 220 days, and snows are infrequent. Surface winds are generally
westerly throughout the year with a shift to the northwest during winter
and to the southwest during summer.

The length of the growing season is indicated by the number of
freeze-free days annually. The freeze-free days in the northern part of
Tidewater Virginia number approximately 190 days a year. The southern part
of the area is freeze-free an average of 210 to 250 days annually.

Because of its location on the Chesapeake Bay and the Atlantic Coast,
the area has suffered from damages caused by storm flooding. There have
been approximately 80 hurricanes and major storms since 1900, nearly all of
which have occurred between May and October. The highly saline tides,
coupled with rainstorms, have frequently flooded the lower-lands along the
coast and caused damages to roads, buildings, and crops. Based on the 1933
100-year flood recorded at Norfolk. the flood elevation along the Chesapeake
Bay is approximately 8 feet above sea level. The area along the Atlantic
Coast has a 100-year flood level at about 9 feet in elevation.

Cl-imate is an important factor in the area's growth. In spite of
occasional weather extremes, the combination of reliable annual rainfalls
and warm climate is favorable for water-oriented activities and growth of
agricultural crops and forests.

6. Vegetation

Tidewater Virginia is a botanical crossroads for many of the plant
species of the northern, southern, and central states. Mixed hardwood
forests compose the most extensive forest cover. These hardwood forests
are intermingled with pure pine forests and mixed pine-hardwood forests in
varying stages of forest succession.

On dry upland sites the oak-hickory-climax forest supersedes the pine
with such species as white oak, southern red oak, and mockernut hickory. On
the middle slopes and moist bottomland sites a rich variety of species occur.
Yellow poplar, sweet gum, red maple, white oak, white ash, elm swamp chestnut
oak, sycamore, beech, black walnut, and many other species flourish. Thus,
the "middle grounds" develop into a wide variety of complex climax forest
types. The very wet-sites and swamps find species such as the bald cypress,
water tupelo, and swamp tupelo in climax forest conditions.

Native Tidewater area grasses include the marsh, wire. crab, and blue
grasses. Shrubs frequently found there are blueberry, huckleberry, mountain
laurel, swamp bay, red bay, and wax myrtle. Hundreds of species of ferns and
wild flowers are also native to the area. In the lowland woods and fields are
found blue lobelia, blue lupi 'ne, morning glory, rue anemone, laurel, yellow
dogtooth, and woods violets. Vegetation commonly associated with farm ponds
includes cattails, rushes, sedges, duck weeds, and pondweeds.

7. Wildlife

While many animal populations have suffered from increased develop-
ment within the Tidewater area, some of the smalle *r animals, such as gray
fox, rabbit, squirrel, raccoon, opossum, skunk, and groundhog have adapted
their ways sufficiently to survive and prosper. Deer declined under man's
influence until the 1930's, but since then have adapted sufficiently to
man's environment to maintain a thr'iving population.

An extensive conservation program has kept the number of game
birds high. The wild turkey, mourning dove, and woodcock may still be found,
and the bobwhite is widely distributed. Canvasbacks, black ducks, mallards,
redheads, and other migrating ducks stop over, and Canada geese and brant are
found in coastal feeding areas. Herons, gulls, and bitterns inhabit the
tidal waters and marshes as well as other parts of Tidewater. Songbirds
abound, with sparrows being most plentiful near inhabited areas. Robins,
mockingbirds, cardinals, red-winged blackbirds, grackles, and starlings are
also numerous.

The southern bald eagle, red cockaded woodpecker, and DelMarVa Fox
squirrel, are endangered species of vertebrates found in coastal Virginia.
Two others, the brown pelican and peregrine falcon, may be seen occasionally
as migrants, but.do not normally live or nest here. The eagle and its relative,
the osprey, are discussed in somewhat greater detail later under "Living
Resources.

8. Population Distr-ibut-io.n

During the 1960's Tidewater Virginia's population as a percentage
of the total state population jumped from 53 to 61 percent. Slightly more
than 98 percent of this total population increase (602,003) in Tidewater
occurred in the metropolitan areas. BE!tween 1974 and 1981, the population of
Tidewater rose from 2,978,000 to 3,156,,400 or 58 percent. of the total state
population. Between 1984 and 2000, Tidewater will absorb 62 percent of the
total state population increase. Significantly, the more rural areas--planning
districts 16, 17, 18 and 22--have shown a combined population increase from
226,146 in 1974 to 269,800 in 1981.

The more densely settled metropolitan areas of Tidewater Virginia are
Northern Virginia and Newport News-Hampton. In 1981, the Northern Virginia
area had a population density of approximately 870 persons per square mile.
Other heavily settled areas in TidewatEr Virginia include the Norfolk-Virginia
Beach-Portsmouth Metropolitan area, which in 1981 had a density of 425 persons,
and the Richmond Metropolitan area, with a density of 300 persons per square
mile.

The most sparsely settled area, by contrast, is the area of the Middle
Peninsula, which had a population density of less than 50 persons per square
mile. Among the other thinly settled areas of Tidewater Virginia are the
Fredericksb-urg, Northern Neck, and Eastern Shore areas, which in 1981 had
population densities of 55-87 persons per square mile.1

9. Commercial and Industrial Development

Major commercial and industrial development in Tidewater is located
in Northern Virginia, the Richmond area, the Hampton Roads area, and the
Petersburg-Colonial Heights-Hopewell area. All are large centers of population
where rail and highway networks are present.

The availability of good transportation facilities is of prime
importance to the concentration of commercial development in the Tidewater
area due to the bulk quantities often involved in the-shipping of retail and
wholesale goods. Northern Virginia, Richmond, and Norfolk have dominated the
bulk of the wholesale market.

10. Transportation

Tidewater Virginia's well-developed land transportation network
facilitating the movement of people and goods has been a major factor in its
rapid-growth. Air, highway, and rail facilities as well as waterborne commerce
facilities have combined to shape the development patterns of this area. Two
interstate highways (1-95 and 1-64) and six arterial highways (U.S. Routes 58,
460, 17, 13, 360, and 301) provide excellent accessibility to areas both
within and outside the area.

Both commercial activity and transportation which depend on the Bay
and rivers are discussed later as waterborne commerce in "The Water" section
of this chapter.

I I Agri cu-1 t,ure-

Agriculture is the largest industry in Virginia and contributes
significantly to economic and social well-being. The need for an efficient
agricultural economy is perhaps more important today in Virginia than in
years past.

While farm numbers and persons employed in agriculture have shown
decreases over the past years, farm production and farm incomes are on the
rise--a sign of efficiency. Tidewater, though more urban in character than
many parts of Virginia, remains a principal producer of agricultural goods
and services and contributes greatly to Virginia's economic wealth. In 1976,
over 11,000 of Virginia's 72,000 farms were in Tidewater. These farms produce
approximately one-half of the total value of crops in the state and over 14
percent of the total value of livestock and livestock products.

Overall though, only 20 pe.rcent of Virginia's farmland is in Tide-
water--2.2 million out of 11 million acres; 30 percent of total agricultural
cash receipts in Virginia are from this region. At the farm level alone in
this region, cash receipts from the sale of crops and livestock exceed $320
million. The total economic value resulting from this amount could easily
exceed $1 billion.

12. Forestry

Forestlands are important to the preservation of natural and scenic
resources of the Tidewater'area because they protect watersheds, reduce soil
erosion, and shelter wildlife. Fo'restland, amounting to approximately
3,950,000 acres or 61 percent of the land in the Tidewater area, constitutes
the largest land use in Tidewater. Of this total,-about 3,846,.000 acres are
commercial forest, 2,700 acres.are commercially unproductive forest, and
100,000 acres are productive forest that have been reserved for uses other
than timber production.

Loblolly pine is the most important single commercial species. It
occupies 31 percent of the commercial forest acreage. In addition, loblolly
pine is found in a mixture with the oaks and other hardwoods on 16 percent of
the commercial forest acreage. Oak-hickory forest type groups account for 42
percent of the acreage. The remaining acreage is occupied by oak, gum,
cypress, elm, and ash.

The rich, sandy soils, favorable climate, and long growing season
combine to make this a most productive region. Also, there is a great mix
in Tidewater's agriculture. Tidewater produces approximately 50 percent of
the hogs in the state, and contributes significant poultry, vegetable, fruit,
ornamental, and greenhouse products to the state total.

There are over 130 large wood-related industries in the area
concerned directly with the primary prDcessing of timber products. These
forest industries annually harvest about 398 million board feet of sawtimber
and 3 million cords of plywood, which amounts to payments to Tidewater's
forest landowners of $21 million for sawtimber and $7 million for pulpwood as
it stands in the woods. When cut and processed by the forest industry, these
products in 1975 had a value-added worth of $730 million.

13. Historic Sites

The Commonwealth of Virginia has an abundance of historic sites and
structures, and the Tidewater region-is especially rich in these cultural
resources. The presence of this remarkable heritage in our cities, towns,
and in the countryside enriches the daily lives of all Virginians and offers
numerous opportunities for tourism, a iajor coastal resource.

To encourage the preservation of these places, the Virginia Historic
Landmarks Commission has been conducting an inventory of sites and structures
across the state and registering the most significant of them. To date, this
survey has resulted in data files on more than 5,000 places in Tidewater alone,
and the Commission has listed 43 historic districts and 448 individual properties
on the Virginia Landmarks Register. The use of this information by planners
and other public officials who prepare land use studies and environmental impact
statements is a significant step in the protection of historic properties from
needless demolition and encroachment @Y incompatible development.

B. THE COASTAL EDGES

Coastal "edges" are those areas where the land, tidal wetlands, and
tidal waters meet. They include bLiffers, dunes, beaches, wetlands (both
vegetated and non-vegetated),, nearshore shallows and barrier islands.
The edges are often areas of intensive human use' and are productive
habitats which support the marine resources of the Chesapeake Bay and
Atlantic Ocean fisheries. While the components of the edges are discussed
separately below, they function as an integrated system and must be so
regarded in order to promote the important functions they serve..

1. Bluffs

Bluffs occur along the Chesapeake Bay and its tributaries. Major
bluffs, those over twenty feet in height, occur primarily in the tributaries.
There are isolated bluffs on the Eastern Shore, but these are usually less
than twenty feet in elevation. Bluffs protect inland areas from flooding,
as do other natural features along the shoreland. Bluffs are likely
development sites because of the vistas afforded by their elevation.

Bluffs are eroded by both natural events and by man's activities.
Seepage of water between layers of soil composing a bluff as well as the
natural tidal movement causes bluffs to weather and sometimes erode
significantly. Rainfall runoff also contributes to this process. The
boat wakes of river traffic have an influence on bluff erosion, but it is
minor unless the wakes are constant and signi*ficant. Bluffs are changing
natural features and break down with or without the presence of human
activity. However, unlike dunes and beaches, they do not reform, and
their erosion represents a constant retreat of the shoreline. The
Chesapeake Bay side of Northampton County near Kiptopeke is an excellent
example of how bluffs have receded from erosion.

Although bluff erosion occurs as a natural process, development
can accelerate it. High density development increases the volume of
rainfall runoff. Access routes may also contribute to the erosion process.
Sediment from this erosion degrades water quality and endangers aquatic
life. Furthermore, development too close to the edges of bluffs can be
hazardous, result in property losses, and require the expenditure of
public funds.

2. Dune Systems and Beaches

Sandy beaches and dune systems are found along the Virginia coast
from Assateague Island on the Virginia-Maryland boundary to False Cape
State Park on the Virginia-@North Carolina line. Approximately 196 of the
Commonwealth's 5,000 miles of shoreline are bordered by sandy beaches with
dunes. Significant dunes border the Eastern Shore and Virginia Beach.
Beaches are prominent in th@se areas as well as along particul'ar shoreline
areas of the James and Rappahannock Rivers and the Northern Neck-and
Middle Peninsula.

Sandy beaches and dune systems are often not recognized as being
unstable and subject to the high-energy forces of wind and waves. The
character of beaches changes from season to season; the beach in winter
usually loses sand to offshore bars and has a steep slope. This sand is
usually returned in the summer resulting in a more gentle beach slope.
Dunes migrate and shift position frequently through continuous wind erosion
with a sand build up on the leeward side. The migration and erosion of
dunes may be accelerated if the fragile plant communities which anchor the
dunes are destroyed. Storms cause sudden changes in dune systems as well
as in beaches, sometimes radically altering their character and extent.

Sandy beaches and dunes constitute a natural buffer between the
open ocean orestuary and the adjoining coastal lands. Their ability to
change, migrate, and bear the forces of day-to-day erosion and more
destructive storms provides a valuable measure of safety for coastal
communities. See Table 1 for extent of eroding shoreline.

The natural attributes of dunes and sandy beaches are not always
recognized and, in some cases, are ignored because of their obvious
desirability for development. They are highly susceptible to damage from
manmade alterations. Construction on dunes and beaches destroys vegetation,
thus allowing winds to blow the dunes away, and it interrupts wind and
.water currents that replenish sand. The longterm results of development on
beaches and dunes often include increased erosion, flooding, structural
damage, increased expenditures of public funds, loss of public or private
open space, and loss of wildlife habitat. Virginia's Coastal Primary Sand
Dunes Protection Act was passed in 1980 to address this situation.

3. Tidal Wetlands

Though tidal wetlands are ofter regarded as marshes, non-vegetated
areas in the tidal zone are also wetlands. While non-vegetated wetland values
are not as visible as those of marshes, they are a highly productive and
integral part of the edges system. The discussion below separates the two
types of wetlands to highlight some of their individual characteristics.

Vegetated wetlands are those coastal areas periodically inundated
by natural tidal flow and upon which certain vegetation grows. They are formed
over a long period of time (3,000 to 5,000 years) through the deposition of
sediment and nutrients along the shoreline.. There is a subsequent build-up
of wet-soil plants which usually exhibit some degree of salt-tolerance, though
wetlands are found throughout the full range of Tidewater, including the
freshwater rivert. They are often called marshes.

The Virginia Wetlands Act defines wetlands as consisting of vegetated
and non-vegetated wetlands. The vegetated wetlands are defined as "all
land lying contiguous to mean low water and which land is between mean low
water and mean high*water not otherwise included in the term 'vegetated
wetlands'".

Wetlands are a transition zone between land and water and, as such,
provide often unrecognized benefits for both the human community and the natural
ecosystem. In passing the Wetlands Act, the General Assembly formally recognized
Virginia's wetlands as an essential part of our marine environment. Marshes,
as a natural asset, are especially significant in erosion control, flood buffering,
water quality maintenance, fish and shellfish production and as areas of wildlife
habitat and human recreational activity.

a. Vegetated Wetlands

Vegetation is crucial to nearly all aspects of the dynamics of
marshes. The production of vegetation equals or exceeds that of many
agricul'tural crops on a per acre basis. Vegetation, as it decays, provides
the basic nutrients is the estuarine food web by supplying food to bacteria
and small animals which, in turn, become food for larger animals. Because
of their importance as a food source, %etlands are crucial in supporting
the estuaries as spawning and nursery areas where juvenile fish can take
advantage of the abundant food. Young fish can also find protection from
predators in the marsh environment. Mcre than 90 percent of all fish landed
in Virginia are dependent upon wetlands at some point in their life cycle.

While values of wetlands to the marine environment only recently have been
defined and are still being studied, their values to wildlife and fur-bearing
animals have been known for years. Virginia's marshes are an important feature
of the Eastern Flyway in providing wintering and stop-over points for migratory
wildfowl because of both the food and habitat they provide.

In addition to sustaining estuarine biological productivity, vegetated
wetlands protect inland areas from storm damage and the daily erosive action of
waves. By both slowing and absorbing the surge of flood waters, they can
reduce not only shore erosion, but flood damage to .upland structures. Some
marshes which contain deep layers of peat also absorb large amounts of coastal
flood waters.

Another value of vegetated wetlands not often recognized is their ability
to act as pollution filters, thereby removing contaminants from water flowing
through them. Sediment, excess nutrients, and some toxic materials are
mechanically and chemically removed from the water, reducing the pollutant load
entering coastal waters. This capacity, however, has limits, and marshes may
become overloaded by constant and heavy pollutant discharges.

As sediment traps, the approximately 25,390 acres of vegetated wetlands
and creeks on the James River between Richmond and Chesapeake Bay have been
estimated to trap about 76,200 tons of sediment each year, or about 6 percent
of the total sediment in the river. In ri-vers having smaller watersheds and
greater marsh areas, such as the York and Rappahannock, the percentage of
sediment trapped by the wetlands is even greater.

Before the Wetlands Act became law and initiated the wetlands regulatory
system,-approximately 400-600 acres of vegetated wetlands were being lost annually
through alteration and development. Since then, known destruction of vegetated
wetlands has dropped to substantially less than 20 acres per year. While the
cost offastland lost to erosion ca 'n be estimated, the loss to the fisheries from
wetlands destruction is much more difficult, if not impossible, to estimate. It
is nevertheless assumed to be significant.

The natural.productive and protective functions of wetlands may be
diminished or lost when wetlands are altered for waterfrbnt development. Outright
filling destroys them entirely. Channel dredging and partial filling alters and
restricts natural drainage and tidal flushing patterns. Upland erosion may cause
sedimentation which destroys wetlands, and pollutant runoff may destroy the marsh
grasses and contaminate the marine food chain. Bulkheading seaward of wetlands
will destroy them.

b. Non-vegetated Wetlands

Non-vegetated wetlands are the intertidal flats located on the
immediate foreshore between mean low water (MLW) and mean high water (MHW).
Sand flats and mudflats are the two types of non-vegetated wetlands, the
latter being the most biologically productive They are nearly level
expanses and appear largely barren. The flat; come to life when inundated
by tides, but only the larger and more conspicuous species are visible on
the surface. The major portion of the inhabitants of these areas are small
burrowers and tube dwellers which live primarily beneath the surface.

Non-vegetated wetlands are most predominant in Tidewater areas that
have a greater tidal range and are protected against erosive wave action.
Along the seaside bays of Virginia's Eastern Shore, non-vegetated wetlands,
particularly mudflats, are at least as extensive as vegetated wetlands.
The algal mats which form on many flats may rival marsh plants in terms
of the quantity of plant matter produced and passed along to the estuarine
and marine food web. Mudflats store and cycle nutrients and help maintai.n
water quality.

Non-vegetated wetlands are also habitats of important small plants and
animals which are part of the food web. Large populations of polychaete
and nematode worms, molluscs, and crustaceans live in the sediments, while
snails and small-crabs live on the surface. At high tide, mud and sand
flats are feeding grounds for adult and juvenile fish and crabs. At low
tide, they are frequented by feeding waterfowl and wading birds.

The destruction of non-vegetated wetlands interrupts the estuarine
food web. Waterfront development and associated wetlands alterations, and
pollutants carried by upland runoff and other discharges will reduce their
biological productivity, just as they reduce that of vegetated wetlands.

4. Nearshore Shallows

The nearshore shallow water environment is important because it
provides essential habitat for finfish, shellfish, and crabs. Nearshord
shallows are submerged land and water areas extending seaward from mean low
water to a water depth of approximately six feet. Nearshore shallows can
be consAdered as vegetated shallows (grassbeds) and non-vegetated shallow.s.

I Grassbeds are important, in terins of their role as habitat an,d a.
source of food for estuarine and marine animals. They have high rates of
production, and virtually 100 percent of the plant matter produced enters
the food web. Because of the protection afforded by the vegetation, grass-
beds are important nursery areas for many species of fish and the blue
crab. Waterfowl also utilize grassbeds heavily as a feeding ground.

Submerged grasses also function in the cycling of nutrients and
the maintenance of water quality (through the uptake of carbon dioxide and
release of oxygen into the water). Trapping and stabilization of sediments
on the bottom and buffering of adjacent shorelines from erosion are other
attributes of submerged grassbeds.

Grassbeds are particularly sensitive to human activities and natural
disturbances.* Pollution of all types, particularly thermal discharges and
nonpoint runoff containing herb-icides, inay produce severe impacts on grassbeds.
Because sunlight is essential to the health of grassbeds, murky waters caused
by sedimentation or heavy algal growth :an adversely affect their.growth.
Siltation by fine mud sediments may smother bottoms and make them unsuitable
for new growth.

Non-vegetated shallows, particularly those with hard or semihard
bottoms, are prime areas for clams and oysters. Those with soft bottoms
generally contain various forms of marine worms and other animals which are
fed upon by finfish. Because most of the aquatic life that dwells in or on
these bottoms is relatively immobile, it is particularly susceptible to
dredging operations and to siltation.

While these edge communities do not receive as many use pressures
or direct impacts from human use, their proximity to shorelands makes them
vulnerable to indirect impacts created by land or water uses which generate
sediment and consequent siltation in the water column.

5. Barrier Islands

Virginia's 60-mile barrier island chain is located exclusively on
the seaward flank of the Eastern Shore. This 18-island chain is the last
undisturbed remnant of the thin, green line of wetlands which once protected
the Eastern Seaboard from Atlantic storms. The physiographic features of
the barrier island chain include beaches, sand dunes, salt marsh communities,
grass lands, maritime forests, and thickets. Approximately 33,371 acres on
13 of the islands are owned by The Nature Conservancy and are known as the
Virginia Coast Reserve. The barrier islands of the Reserve are Metomkin,
Cedar, Parramore, Hob, Cobb, Ship Shoal, Myrtle and Smith. The Reserve's
Revel and Rogue Islands are inner islands which do not front the.Atlantic
Ocean. Sandy, Godwin and Mink Islands are salt marsh components of the
system. The Conservancy owns these islands with the exception of major
portions of Cedar Island and small parts of Hog and.Smith Islands. Of the
five islands not in the Reserve, three are federally owned and managed
(Assateague, Wallops and Fisherman), one is state-owned (Wreck), and the
other is privately owned (Assawoman). See Table 2.

As with beaches and dunes, barrier islands are ever-changing and
fluctuating in response to changes in sea level, local currents and ti*des,
sediment supplies, wind conditions, wave action, and storm flooding. These
changes almost always involve patterns of erosion and accretion which serve
to continuously alter the shape and location of the islands. However, to
the extent that these are natural conditions, they are desirable.

Inlets between the barrier islands connect the sea with the extensive
lagoon system westward of the chain. The tidal range along the oceanfront
of the islands normally averages 4.2 feet, but may reach nine feet or more
during extraordinary storm surges. The extensive marshes behind the barrier
islands are interlaced with tidal creeks and are well flushed by tidal
action. Brackish and fresh waters occur in the interior of the larger
islands at the head of their upland drainages or as small ponds.

Biological communities of the islands are control-led by the islands'
dynamic nature. The sandy soil of the islands is in a constant state of flux,
subjected to the influences of wind, tidal currents, and high energy waves on
the ocean front, with only temporary stabilization by vegetation. The vast
and well-flushed marshes provide large quantities of organic materials which
support a wide diversity of aquatic and terrestrial life.

The expanses of wetlands behindthe islands are controlled by the
islands, the natural protection they afford the mainland, and their habitat
are some of their attributes. Their value as a natural system however,
transcends each of these.

Man's actions on the island have had little long term effect on
their natural systems. Their resiliency, isolation, inaccessibility, and
now their reserve status protect them f-om direct influences or alteration
by man. Construction or development of any sort would cause problems similar
to those elsewhere. Construction activities on the islands would be very
hazardous because of their dynamic nature.

There are no apparent problems with respect to protection of the
barrier islands at this time. The Nature Conservancy intends to keep its
holdings in their natural state, and the four other islands under public
ownership.

C. THE WATER

Coastal waters have always been the lifeblood of Tidewater, providing
routes for exploration and settlement, and later for commerce. An abundant
source of food exists in the fish and shellfish found there. Colonial -
development of Virginia's land was so intimately linked to the waters of
the region that settlement first occurred in a narrow "fringe" along the
tidal rivers and creeks, leaving much of the interior to remain a wilder-
ness until many years later. The development of Virginia's largest
population center, the Hampton Roads area, was based on its relation to
coastal waters and the commerce that takes place on them. The fisheries
of thosewaters were the primary sustenance of many of the Indian villages
along their banks and are still a major element in the Commonwealth's food
economy. Additionally, the Chesapeake Bay plays a vital role in the total
-MidAtlantic fishery, ind thus may be considered a national or even an
international resource.

The waters are Virginia's primary coastal resource, and it is their
influence that makes this region different from any other.

1. Natural Characteristics

Virginia's coastal waters include 2,300 square miles, including
the Territorial Sea, Chesapeake Bay, the James, York, Rappahannock, and
Potomac estuaries, and numerous tidal creeks and tributaries. As extensive
as these waters are with 5,000 miles of shoreline, their multitude of
living organisms and their variety of uses, they are but a portion of a yet
larger physiographic system. Although this discussion focuses primarily on
the waters within the bounds of our Coni3onwealth, acknowledgement, at least,
is required of that larger system and its contribution to-the physical
nature of our waters. The Chesapeake Bay drainage system includes a large
portion of the eastern United States, covering over 42 million acres in
Virginia, Maryland, Delaware, West Virg"nia, Pennsylvania, and New York.
Of this area, the watershed basin of the Susquehanna River is by far the
largest, contributing 49 percent of the fresh water to the Bay, followed

by the basins of the Potomac (18 percent), James (16 percent), Rappahannock,
and York Rivers, respectively. Numerous small coastal drainage areas
round out the Chesapeake watershed area. In addition, Virginia's coast
contains some small basins which drain directly into the Atlantic and a
small basin in the southeastern part of the state'which drains into the
Albermarle Sound system of North Carolina.

2. Origin and Formation

Commensurate with its proportion of the Bay's drainage area, the
Susquehanna also bears primary responsibility for the geologic process-
which results in the Bay's formation. Prior to 15,000 years ago, the-
Susquehanna was the largest of the East Coast rivers, just as it remains
today. Then, however, its valley extended through what was to become the
Chesapeake Bay and, joined by its tributaries the Potomac and James,
flowed to the sea some 70 miles to the east of the present coastline. By
that time, it had created a wide and deep valley. Between 15,000 and
12,000 years ago, with the gradual warming that brought an end to the
last ice age, the worldwide melting of snow and ice raised the level of
the sea to near what it is at present. A major result was the flooding of
numerous river valleys creating.the coastal estuaries we have today. The
Chesapeake Bay is the largest of these estuaries in the United States.
With its numerous small bays and creeks, as well as the mAjor tributaries,
Virginia's portion of the shoreline of the whole estuarine system is
4,100 miles, about half of the total for the Bay.

3. Depths

Being an inundated river valley, the old river bed is naturally the
deepest part of the Bay, with depths in that channel over 100 feet in
some places.* 'Overall, however, the Bay is relatively shallow, with an
average 'depth of 30 feet or 20 feet if the tidal tributaries are included.
This shallowness is due, in part, to the Bay's function as a sediment trap.
Virginia's marginal sea is relatively shallow as well, with soundings
between 20 and 40 feet common at the three-mile territorial limit,.

4. Salinity

The salinity of Virginia's coastal waters varies from seawater at
35 parts of salt per thousand parts of water (ppt) to freshwater (little
measurable salt content) at the upper limits of tidal influence on the
tributary rivers. The salinity values can vary with differing natural
conditions, especially upland rainfall and the tides, which may di.lute
the seawater portion of the estuary to a greater or lesser degree. In
spring, the season of greatest average freshwater inflow, salinity values
do not extend as far up the tributary rivers as they would in autumn, a
time of lower average freshwater infl'ow rates. While these normal sea,
sonal variations in salinity are a vital factor in the life cycles of many
of the estuary's life forms, extreme variations can apply such significant

*TH-4-B-a3@rs-g-Fe-dfi@-@Y-depth is reported to be 174' near Kent Island, Maryland.

stress to their environment. Illustrative of such an extreme situation
were the effects of Tropical Storm Agnes on the Bay, during which freshwater
input to the.estuary was about 15 times higher than normal for that time
of year (June). Low flows as well can seriously affect the Bay's environment,
allowing water of much higher salinity than normal to reach fa'r upstream.

Salinity values also vary from east to west across the Bay,
with the denser, higher salinity water extending farther up the Bay along
Virginia's Eastern Shore, due primarily'to the effect of the earth's
rotation known as the Coriolis force. Vertically, the difference in
desities leads to layering, and can effect the biological productivity
of estuarine waters.

Tides

A semi-diurnal (twice daily) tide can cause the rise and fall of
Virginia's coastal waters. In very simplified terms, this has the effect
of a slow but massive "sloshing back and forth" of water in the Bay and
its tributary tidal wetlands and mudflats and often acting in an erosive
manner on the shoreline. Tidal heights in Virginia waters are generally
in the two or three foot range.

Uses

Virginia's coastal waters are used in a variety of ways and are
of irreplaceable value to the citizens of the entire state in terms of
commerce, food production, recreation, aesthetics, and as a habitat for
living organisms. The biological produc 'tivity of the marine and estuarine
waters forms the base of large commercial and recreational fishing in-
dustries and is a source of pleasure to a large number of Virginians and
visitors.

Transportation

Commercial transportation as a use of Virginia's waters is
significant to the national as well as to the state economy. In 1.982,
more than 68 million tons of foreign trade moved through Virginia ports,
primarily the Port of Hampton Roads. In that year, Hampton Roads led all
ports in the nation in volume of total foreign trade tonnage. Combined,
Virginia ports account for approximately 7.1 percent of the nation's
foreign trade tonnage. Coal was the largest export commodity; residual
fuel oils were the largest import commodity.

Virginia's port complex includes one of the finest natural
.harbors in the world and two inland river ports. The Hampton Roads
harbor and shipping center consists of marine terminals in Newport News,
Norfolk, Portsmouth and Chesapeake, and is served by an artificially-
maintained 45-foot deepwater channel. The river ports are Alexandria on
the Potomac, served by a 25-foot channel, and Richmond on the James, with
an artificially-maintained channel of 25 feet to the Deepwater Terminal
and 18 feet to the barge terminal just below the falls. In addition, a
number of individual industries send and receive commodities by water
using their own docks. These include Allied Chemical Corporation of
Hopewell (chemi.cals shipped by barge), Chesapeake Corporation at West
Point on the York (pulpwood), and the Amoco Refinery at Yorktown (oil),
among others.

In 1974, direct port-related employment in Virginia-accounted
for 108,000 persons. With the addition of those persons whose employment
related indirectly to por .ts, total wages amounted to over $1.3 billion.

In addition to the waterborne commerce a5sociated with
Virginia ports, Virginia's waters provide passage to the Port of
Baltimore, the nation's fifth largest in total tonnage in-1982 with a
42-foot channel, artificially maintained.

National Defense

Another significant user of Virginia waters is the U.S.
military with several naval facilities in the Hampton Roads area. These
water-dependent bases are accompanied by a number of related facilities
such as the two naval air stations. The total military establishment in
Tidewater, which is located there either directly or indirectly because
of the waterfront location, contributes over $2.1 billion to Virginia's
economy and employs an estimated 180,000 civilians.

Both commercial shipping and defense-related use of Virginia's
waterways require the maintenance of certain minimum depths in the major
channels which entail either constant or periodic dredging, depending
on the rate at which they fill. In addition, dredging to facilitate re-
creational boating involves the removal of thousands of cubic yards of
bottom annually.

Commercial transportation, fishing, and recreational boating
uses of coastal waters are restricted by*the natural shoaling of waterways
and may be aggravated by nian's onshore activities which create sediment.
Land disturbances which accompany farming.or precede construction onshore
may result in an increase in sediment deposited in coastal waters, often
hastening the filling in of navigable channels. Shoreline and bottomland
alterations may disrupt or alter natural sediment transport patterns and
may hasten channel filling. Because of competing shoreline uses and the
environmental problems caused by contaminated spoil, the availability of
suitable sites for dredge spoil disposal is rapidly.diminishing.

Recreation and Tourism

Recreation is probably the most significant use of Virginia's
coastal waters in terms of numbers of persons involved. Each year millions
of people from all parts of the Commonwealth and from out-of-state travel
to the water's edge to enjoy such activities as swimming, boating, fishing,
surfing, picnicking and camping. Many others who live along the shores
enjoy the same activities but do not travel to enjoy them and, thus, do
not appear in travel statistics. With the addition of the thousands of
Virginians employed in tourism and recreation related businesses, the
impact coastal recreation has on the state's economy as well as the enjoy-
ment of its citizens is great.

Facilities associated with recreational use of Virginia's
coastal waters are widespread and include at least 34 fishing piers, 830
acres of beaches on the Atlantic or Bay, and more than 18,000 public and
private campsites. Boating accounts for the greatest number of developed
facilities with over 160 public boat launching ramps and over 290 marinas
in addition to those numbered above. Estimates of use are difficult to
determine with any degree of accuracy because of the large number and dispersed

nature of tne faci I iLies. most oo not inai ntai n re@_ords of numbers of: users .
Estimates of Vir@jinia sa]tWdcer sport fisieralan are over @800,000.

Statewide, tourism accounts for one :)f every six persons employed, in
private commerce. In tidewater counties ano cities, expeditures by travelers
amounted to over $1.9 billion in 1982. Tie city of Virginia Beach, for ex-
ample, had travel-related businesses employing over 6iU0 people in 1982.
Expenditures by travelers in that city aione amounted to over $206 (nil lion.

Surface and Groundwater Use

Several basic problems exist in the use of surface and groundwater re-
sources'in Vir@inia's coastal area. They include saltwater intrusion, depression
of jroundwater levels, and land subsidence. The flat nature of the coastal
in the Piedmont, for example. This stems primarfly from higher costs for larger
amounts of land needed and greater evaporation from the higner surface to
volume ratio. Uf greatest significance in terms of avilability, however, is
the fact that much of Tidewater has already developed its water supplies to
their greatest potential. Continued increases in water demand may require
the transfer of water frofn other jurisdictions and even froin other basins, and
may lead to the consideration of aesalini@@ation of seawater and the recycling
of used water.

Depletion of ground and surface water supplies may threaten future
and existing activities that depend on fri@shwater. Levels of surface Wdter use
in excess of available supply may restrict future growth of-che area's industrial
base and population, necessitate rationing Of Wdter, or necessitate furtrier inter-
jurisdictional and inter-basin transfers of water. Excessive withdrawal af
groundwater may limit availability to other uses, by depressin@ wacer tables
to levels below nearby well depths, and bY [email protected] water to intrude into
aqui fers and to contami nate we] I s

Water Disposal

Among all the uses to which Virginia's coastal waters are put, the
most degrading to water quality is their Use as a ineans of transporting, diluting,
and disposing of the waste products of man's activities.

Two types of activities are primarily associated witn this use of
our waters--industrial processes and domestic activities. In the former case,
wastewater from industrial processes may be discharged into local municipal
sewage treatment systems, but is inore often discharged directly into the
receiving waters after being treated. DoriestiC activities include, the
wastewater from the homes of Tidewater citizens (as well as from businesses)
which enters private or municipal sewer s)tstems, is treated to varying degrees,
and is discharged into rivers or streams.

The basic result of such use is tne degradation of the
quality of the waters receiving the waste discharges. The forms such
degradation can take include:

Dacterial contamination - concentrations if Ddcteria
from huiiian waste are poLenti d I transmi tters of oi sedse
Lhrouyn puDiic water supplies, water contact recreation,
and snel If isn beds.

0 reduction in dissolved oxyyen - the oxidation of organic
indterid`13 in municipal and some industrial Wastes can
reduce the levels of dissolved oxygen in the water to a
point below that necessary fur aquatic life. In addition,
nutrients such as nitrates and phosphates can cause algal
"blooms," further reducing dissolvea oxygen.

presence of heavy metals and other toxic material - metals
such as mercury, lead, zinc, chromium, cadmium, and arsenic
may be present in industrial wastewater and in runoff
containing pesticide residues.. These are harmful to fish
and shellfish, and, when concentrated in them, may present
a hazard to human consumers of seafood. Other potentially
toxic or carcinogenic substances Such as chlorinated biphenyls
and hydrocarbons may present similar problems.

The quality of Virginia's coastal waters varies from one river
basin to another and even among different stretches of tne same river.
Described below.are water quality conditions for the various basins which
drain into Virginia's coastal waters. Also noted are particular problem
.aredS which result from a number of land and water sources, includin@j
municipal and industrial waste discharges, urban stormwater runoff,
a,jricultural runoff, individual dwelling septic systems (or the lack there-
of), and heavy boating and marina activity.

1. Potomac River Basin

The Potomac River Basin.about 14,670 square miles in area,
entumpasses the District of Columoia and portions of Maryland, Pennsylvania,
Virginia, and West Virginia. The tidal portion of the Potomac River extends
112 miles from its mouth on the Chesapeake Bay to Chain Bridge in
Washington, 0. C. A long history of'water quality problems in the Potomac
River Basin is manifested in the range of current water quality conditions
in the estuary portion of the Potomac. Water quality status generally
improves as one nears the mouth of the river. The major problem is centered
in the Washington, 0. C., metropolitan area and is due to large effluent
volumes from the District of Columbia Blue Plains sewage treatment plant
and from Virginia, the City of Alexandria and the Counties of Arlington and
Fairfax. Aside from day-to-day discharges from these localities, stream
de@radation from urban runoff is a problem in Virginia. Urban runoff has
caused specific problems in both Four Mile Run and the Occoquan Reservoir
where there has been an increased growth of a] gal material , thereby decreasiny
available dissolved oxygen levels significantly. Heavy metals and pesticides,
though not thoroughly studied, nave been found in sediments of the Potomac
estuary.

2. Rappahannock River Basin

The Rappahannock 'River Basin covers approximately 2,715
square miles of northeastern Virginia and is one of the major Virginia
rivers which flows into the Chesapeake Bay. Water quality in the

Rappanannock is generally good. A problem occurs downstream from
Fredricksbury, however, in late summer when inflow is overcome by tidal
effects. Wastes accumulate in the esturary crating degraded bacterial and
oxygen conditions. Most of the remainder of the river meets both bacteria
and dissolved oxygen standards. Only a small percentage of the snellfish
beds in the esturatry have been closed. Concentrations of nutrients and
pesticides arelow, and heavy metals have usually been below detectable
levels. There are, however, several other areas of local water quality
problems resulting from heavy boating and marina activity, industrial
discharges, raw sewage discharges, and animal waste runoff. These local
problem areas include the windmill Point area, Hoskins Creek and
Totusky Creek. Water quality degradation in these areas takes the form of
low dissolved oxygen, high bacteria counts, or high nutrient levels.

3. Yourk River Basin

The York River Basin, located in the central and eastern
section of Virginia, drains 2,661 square miles and is primarily of a rural
character. The York River is formed from tow major tributaries, the Pamunkey
and the Mattaponi Rivers. While the western headwaters of the Yourk River
Basin are of excellent water quality, the Pamunkey, Mattaponi, and York
Rivers, especially in the vicinity of their confluence at the town of West
Point, are experiencing water quality problems involving dissolved oxygen,
bacteria, and pH. The Pamunkey violations stem from natural swamp runoff
and a major industrial discharge. On the other hand, the water quality
problems of the Mattaponi are caused by a larger number of sources, including
agricultural and wetlands runoff, urban and landfill runoff; organic swamp
drainage, and municipal waste treatment discharges.
The water quality problems of the Mattaponi and the Pamunkey
become the water quality problems of the York. In addition, unknown sources,
probably individual dwellings with inadequate sanitary facilities and
animal wastes, contribute to the low levels of dissolved oxygen, high levels
of bacteria, and the pH imbalance.

4. James River Basin

The James River is the most important river system in Virginia,
especially in terms of its flow inot the Chesapeake Bay. Of Virginia's
total land area of approximately 40,000 square miles, the James River Basin
contains 10,102 square miles of drainage area or just over 25 percent of
the toatl surface area of the state. As a result of concentrated
population centers with a high density of residential and industrial
development, there are presently many water quality problems, some of them
very severe, along the James River and its tributaries. The tributaries
in the estuarine portion of the basin include the Appomattox, Chickahominy,
Nansemond, and Elizabeth Rivers. Water quality, in general, is quite good
in the James River Basin, with the exception of certain natable water quality
problem areas.

The most severe problems and the largest discharges in the James River
Basin are located in the tidal area, and are centered around the

Petersburg/Colonial Heights/Hopewell and the Hampton/Newport News/Ports-
mouth complexes. The major problem areas include pprtions of the Middle
James River, Lower James River, Appomattox River, Elizabeth River Complex,
Lafayette River, Nansemond River, and the Pagan River. Within these problem
areas are found a wide range of water quality degradation problems. For
instance, the Middle James experiences problems with urban stormwater run-
off; localized, extensive sludge deposits; and Kepone in bottom sediment.
Heavy metals accumulation and bacterial contamination are additional
problems in the Lower James..
Other water quality problem areas experience some similar con-
ditions including urban runoff and high levels of organics in municipal and
industrial discharges. These conditions cause the water quality problems
of low dissolved oxygen levels, bacterial contamination, and high nutrient
levels.

The Elizabeth River, a tributary of the James, is used extensively
for waste disposal. Sewage treatment plants, frequent overflows of untreated
sewage, toxic industrial wastes, and frequent spills and discharges from
ships and docking facilities combine to cause poor water quality conditions.
Lack of freshwater inflow and.sluggish tidal cycles cause a stagnated
condition and excesses of all measured parameters: bacteria, toxic in-
dustrial wastes, nutrients, and heavy metals (especially mercury, zinc,
lead and copper).

In. spite of these problem areas, the tidal portion of the James
shows good water quality as far as most indicators are concerned.

5. Small Coastal Basins and Chesapeake Bay
-B-as-in-s- -an--d Chesapeake Bay include all of Eastern
Virginia that drains into the ocean or Chesapeake Bay. The "mainland"
coastal areas are bounded by the Potomac, Rappahannock, York, James and
Chowan Rivers Dismal Swamp Basins. The Eastern Shore is bounded on the
east by t.he Atlantic Ocean, the west by Chesapeake Bay, and on the north by
Maryland.

There are 1,588 square miles of drainage area in the Small Coastal
Basins which include marshlands and island groups with their bays. This
area includes all of Accomack, Northampton, and Mathews Counties and the
City of Poquoson. It also includes portions of Northumberland, Lancaster,
Middlesex, Gloucester, and York Counties and portions of the cities of
Norfolk, Virginia Beach, Hampton, and Newport News.

The major tributaries flowing into the Chesapeake Bay from the
mainland include the Great Wicomico, Piankatank, North Poquoson, and Lynn-
haven Rivers. Major streams on Virginia's Eastern Shore draining into the
Chesapeake Bay are the Pocomoke River and the Pungoteague, Occohannock, and
Nassawadox Creeks. A major Eastern Shore tributary to the Atlantic Ocean
is the Machipongo River.

Generally, the waters in the entire Small Coastal Basins and
Chesapeake Bay are of very good quality, with the exception of certain
notable, local problem areas caused by leachate from faulty septic systems,
or from other inadequate or nonexistent sanitary waste treatment facilit.ies,
urban and agricultural runoff, or heavy boating and marina activities.

These pollution sources have resulted in high bacteria counts,
high levels of nutrients, and low levels of dissolved oxygen. Probably the
20

most visi@)le result of this water pollution is the closure of shellfisn
beds for the purpose of direct marketing. Closure results firom eltner 'high
bacteria counts or the lack of an adequate buffer from a pollution source.

Water quality problem areas include tributaries located between the
Potomac and Rappahannock Rivers and between the Rappahannock and York Rivers,
Back River, Little Creek, the Lynnhaven Complex, Chincoteague/Assateague Bays,
Parker Creek, Chesapeake Bay side of Eastern Shore, Holdens Creek, Pitts Creek,,
Messong6l Creek, Warehouse Creek, Nassawadox Creek, Parting Creek, and Cape
Charles Harbor.

D. LIVING RESOURCES

The coastal features described above, although listed by geographic area
for discussion purposes, are of special significance in the way they interact
with each other. The essence of the coastal area's vitality is derived
from the interaction between land and watar and the activities that take
place in and on both. In Virginia's coastal area, the land and water meet to
form an estuary. There are, of course, pirely terrestrial as well as open
ocean environments within Virginia's coastal area, but it is the estuarine
environment that is most clearly a functi3n of this land-water inter-
relationship. It is here.that physical features such as shape, depth,
tidal influence, edge type, circulation, freshwater inflows, and salinity
combine under natural conditions to proviJe an environment for a diversity
of life forms in such abundance that a foirth, and perhaps most important,
category of coastal resources results--the biological productivity of
coastal.lands and waters--the living resoirces.

The interrelationships among physical aspects of an area which create a
particular physical environment and the iiteractions among the life forms
within that environment are described in terms of ecosystems. The Chesapeake
Bay and its tributary rivers rank high among the world's most biologically
productive ecosystems.

Many factors combine in a complex set of interrelationships to create
this highly productive system, but several factors can explain it in very
simplified terms. An estuary, by being a recipient of all the minerals and
nutrients washed down from the land in th,? watershed above, becomes a "sink"
or "trap" for these chemical and organic --ompounds. Some of these are harmful,
and some are a beneficial stimulus to the growth of marine life. In the
absence of excessive inflows, the Bay system maintains its health through the
constant mixing and circulating of its nu,@.rient-rich waters. Twice daily,
tidal surges travel up the Bay and its tributaries, creating currents as they
pass'by points, around islands, over shoals, and into the mouths of the sub-
estuaries. Rivers are continually supplying freshwater to the system, adding
further to the mixing. The difference in density between fresh and saltwater
results in layering, especially in the sul)-estuaries in which the denser
seawater flows upstream along the bottom, while the lighter freshwater flows
downstream over it, adding a vertical dimension to the unique mixing in
estuarine waters. Estuaries, while having a lower diversity of species than
other more stable regimes, are known for their high levels of productivity
of those species which have adapted to this rigorous environment. In estuaries,
there is the added factor that many species from one environment (fresh or
marine) are biologically required to move to the-other at some stage in their
life cycles.

Estuarine systems have their own edges where the terrestrial and aqu-atic
environments meet. These areas, such as marshes and mudflats discussed in
greater detail above, also contribute to the productivity of the system by re-
leasing organic material (detritus). These break down through microbial action
and are dispered through tidal flushing to become part of the great circulating
mix of estuarine nutrients. The edges also provide conditions necessary for
spawning and growth of numerous animals. The'end result is a unique and complex
ecosystem of high biological productivity.

Of special significance to man is that this biological productivity is
.translated, at various stages in the food web, into a variety of humanly
edible forms rich in protein and considered by many to be among the tastiest
of foods. Commercially in Virginia, this productivity resulted in a total
landed quantity of seafood of 128 million pounds in 1982, with a dockside
value of over $44 million. Adding to this are the personal incomes of
over 8,200 persons employed in harvesting and 5,600 persons employed in
processing.

Recreational saltwater fishing and wetlands hunting are uses of the
coastal area's biological productivity which can also be measured in terms
of economic impact. Total economic impact for saltwater sport fishing in
Virginia was estimated to be between $128 million and $285 million in 1979,
with hunting in wetlands at almost $14 million in 1970. Since many
people travel from other states and other parts of Virginia to hunt and fish,
these activities undoubtedly also contribute to the tourism industry.

Three major groups of animal species of particular yalue to man are
.described in the following text.

1. 'Shellfish and -C-rabs

A number of species of molluscs and crustaceans, primarily oysters,
clams, and crabs, are of special significance to Virginians for their

commercial and recreational value. Other species, although not harvested
themselves, occupy vital places in the estuarine food web and provide food
for man indirectly through other species that feed on them.

a. Oysters

The American oyster (Crassostrea virginica) is an irregularly
shaped bivalve (two shells) native to the saline water and estuaries of the
Atlantic and Gulf Coasts. Its range covers the entire Virginia portion of
the Bay, the coastal sounds and inlets of the Eastern Shore, and the tidal
rivers to the limits of.approximately 7 parts per thousand (ppt) salinity.
The oyster requires a certain combination of features in order to thrive.
It must have hard bottoms on which to attach, relatively shallow waters
and adequate currents, but a minimum of exposure to excessive scouring by
currents. Concentrations of oysters are called oyster beds or "rocks." in
1892, the Baylor Survey identified 210,000 acres of natural oyster rock.

The General Asseffuly, later ddainy 30,000 acres more, set aside these
"Saylor Grounds" for puOlic oysterin@ on].,/. Today, there are still approxi-
mately 240,UUO acres Of 6dylor Grounds.

Otner areas are ]eased oy the state to private interests.
These leased areas are sometimes more productive oecause of the more in-
tensive management (incluain@ reseediny) they receive by the commercial
oystermen trying to maximize their yields., Today there are approximately
107,000 acres of private oyster leases in Virginia, comprising 31 percent
of the state's total oyster grounds. The State produces in total about 5.4
million pounds of oysters annually (1982).

'hesapeake Bay (ootil Virginia and
The oyster production of the G
Maryland) accounts for approximately 25 percent of the total U.S. harvest per
yedr. In Virginia, oysters make up 15-20 percent of the catch value of all
seafood, although they contribute less than 5 percent by weight. Oyster
harvesting is strictly regulated by the 14(trine Resources Commission according
to ndrvesting methods and season.

Oyster production in the lower, Bay nas trended downward since the
1980's, when production was at an all time high of 7 million bushels annually.
The reasons for the decline are complex avid interrelated. Natural disasters
(Hurricane A@nes), some habitat losses, arid natural enemies (oyster drills
and an oyster disease called "MSX") are partially responsible. In 1960 MSX
entered the Bay and killed oysters in the higner salinity areas. It caused
not only a direct loss in production, but eliminated tne-large mature
oysters in the 'lower James kiver. This population was thought to be the
source of larvae setting in the upper James seed area, wh,ich produces over
7b percent of the seed oysters planted in leased grounds throughout- coastal
Virginia. As a result of lowered densities of larvae and, possibly,
mortal-ities associated with the pollutants, setting rate declined about 90
p'ercent in the seed area.

Another significant factor in the decline of the indu,stry is the
closure of snelifish grounds to direct ividrketin@g of oysters for public nedith
reasons. Oysters dna other uivalue shellfish that filter water fur particular

nutrients tend to accumulate bacteria and Other contaminants hdZdrdous to
human health. Chronic bacterial contdMination, often caused by malfunction-
ing or inadequate septic systems, and tile establishment of buffer zones to
protect ajainsL periodic system bypasses and occasional system failures,
are largely responsible for the present closure of 90,348 acres of
classified @pruductive) Shellfish yruunds.,

Though the Virginia harvest ol: oysters is about 700,UUO bushels
of oysters per year, Virjinia shucks 3.2 million bushels annually. Thus
Virjinid controls about 5b% of the national oyster market, yet only supplies
about 8-k of the national market from its viaters. To maintain this advantage
in oyster ShUCKifig, Virginid Must tnaintdifl the size of its own catch, so it
(;dn out-compete otner states that try to E!nter the shucking industry by
using their own oysters.

Sfildll amounts ot shells, oyproducts of oyster production, are
,round for chicken feed, pet food, and livestock feed supplements. They

ground for chicken feed. pet food- and livestock feed supplements. They
are also used in cement. as roadbuilding material. and in construction
blocks as a gravel replacement. The majority.of empty shells are returned
to oyster grounds as "cultch" material which provides suitable attachment
surfaces for larval oysters.

b. Clams

Three major commercial species of clams. the soft clam, hard
clam and surf clam, are found in Virginia waters. Each occupies a distinct
niche in the Bay and coastal waters.

The soft clam (Mya arenaria) is found a'long the coast of the
Middle Atlantic states north to Canada. The soft clam inhabits the less
saline waters of the tributary rivers, and burrows in sand or mudsand
bottoms in less than 20 feet of water. Once the clam reaches about one
inch in size, it establishes a permanent burrow. Growth may reach two
inches after two years under favorable conditions in the Bay.

In the lower Bay. soft clams are widely distributed in the
intertidal zone, but the species occurs in commercial concentrations only
in scattered areas of the lower James, upper Rappahannock, and Pocomoke
Sound. In 1972. Tropical Storm Agnes killed most of the population in
Pocomoke Sound and the Rappahannock River. Recovery has been slow. and
production is not expected to increase significantly because Virginia is at
the southern limit of the clams' range,'and the species is vulnerable to
predation by blue crabs.

Hard clams (Mercenaria mercenaria), loCally known as little
necks, cherrystones, or chowders, depending on size, occur all along the
Atlantic and Gulf Coasts. They may occur in the open reaches of the estuary
to depths of 50 feet, but also inhabit the sheltered edges of the estuary,
and are commonly found in marshes and along the edges of tributary-rivers
at salinities of 18-26 ppt. The hard clam burrows in sand or sandy clay.

While hard clams are widely distributed, a recent survey by
Virginia Institute of Marine Sciences (VIMS) showed that commercial quantities
(available to patent tongers) exist only in limited areas. These are located

in the lower James, the lower.York, and along the shore between these two
systems. In Virginia, hard clam landings have fluctuated between about
700,000 and 2,500,000 pounds annually. The industry is probably operating
near the point of maximum sustained yield.

Hard clams are fished commercially on the continental shelf
and in the Bay and its tributaries. About 50 boats in Virginia dredge for
the clams, employing several hundred watermen. Most of the clamming is
done in the winter. and the same boats harvest crabs in the summer.

The surf clam (Spisula solidissima) is an oceanic species,
found to depths of 150 feet. The densest beds in Virginia occur at 50-60
feet. Like other clams. the surf clam is eaten in chowders, clam strips,
or fritters. Surf clams are d.redged commercially. In 1982, 10.3 million
pounds of meats were landed, representing a dockside value of $6.2 million.

.At first underutilized, the resource has been heavily fished in
recent years by both Virginians and out-of-state fishermpn. The resource
is now at the point of maximum sustained yield and is being closely controlled
through management plans by the Mid-Atlaritic Regional Fisheries Management
Council.

As with oysters, clams obtain their food by "filter-feeding",
and consequently have the same tendency to accumulate contaminants from the
water in which they live. Waters closed to the direct marketing of oysters
due to pollution are,also closed to clamming.

c. Blue Crabs

The blue crab (Callinectes sz,pidus) is a crustacean native to
the entire Atlantic and Gulf Coasts and can be found in many other parts of
the world as well. Blue crabs are, however. more abundant in th 'e Chesapeake
Bay than elsewhere. Its dependence on arid tolerance of various salinity
levels from seawater (35 ppt) to freshwater make it a common inhabitant of
all of Virginia's coastal waters from the upper reaches of the tidal rivers
to the three-mile-limit off Virginia's Atlantic Coast. Males and juvenile
females usually inhabit waters of lower 5alinity (less than 22 ppt) and
congregate in the upper estuaries. MalP5 are found farther upstream,
occasionally in freshwater. Females sperd most of their time in higher
salinity waters (more than 20 ppt). Mating takes place in the mid-summer.
Having once mated, adult females then migrate to the higher salinity waters
of the mid-Bay and the mouths of the soui.hern rivers where spawning occurs.
Larva,e hatch only in the high salinity weters of the.marginal sea or mouth
of the Bay. Post-larval stages are carried by currents and swim to nursery
waters of less than 20 ppt. Temperature also'plays an important role in the
blue crab's life cycle, with growth occur-ring primarily at water temperatures
over 600F. As temperatures drop to 40-500F., the crab begins a semi-hiber-
nation stage, with females in the deeper waters of the Bay mouth and males
in the mud of the deeper channels upstreem. Growth involves a series of
molts or "shed$" as nongrowing shells become too small for tKe crab's body.
Maturity is attained i.n 12-16 months in Virginia's climate. and crabs may
live 3 years or more, although 2 years i5 more common.

Commercial crabbing is the fourth most valuable of all U.S.
seafood industries (behind shrimp, salmori, and tuna), and the Chesapeake
Bay is the largest producer with 93 million pounds in 1982 and a value of
nearly $23 million. Virginia accounts for a large portion of the East
Coast crab industry, having produced over 40 million pounds in 1970 and
over 44 million pounds in 1982. Fluctuations in catch are common and
result primarily from natural phenomena.

Harvesting is done by wire mesh traps called "pots" in warm
months and in the winter by dredging dormat crabs from the bottom. Soft-
shell crabs are individuals that have ju5t gone through a "shed" and whose
new shells have not yet hardened. These delicacies are obtained by keeping
crabs showing signs of an approaching molt ("peelers") in semi-submerged
"liveboxes" until they shed their old shells. Virtually all soft-shell
crabs are harvested in this manner in Virginia and Maryland.

The blue crab provides a basis for much recreational activity, in
addition to the commercial crab industry. as countless thousands of
vacationers, waterfront homeowners, and others catch significant numbers
each year in individual pots (no license required). with dip nets. and on
hand lines using chicken necks and other scrap meat as bait.

Crabs, being scavengers and carnivores, are not filter-feeders
like the bivalves described above. They can become contaminated. especially
by toxic material in the water (e.g. Kepone), and they may accumulate and
concentrate pollutants in their bodies. Because they are not eaten raw
however, crabs are not subject to the restrictions applied to shellfish
areas condemned as a result of bacterial contamination. Also, being mobile,
crabs do not spend their entire adult lives in the same location and can
move out of contaminated areas. The crab industry has not suffered to
nearly the extent from pollution that clam and oyster fisheries have. Thus
far, its primary threat has come from the loss *orf wetlands, sea grass beds,
and other nursery areas vital to the larval and immature stages of the
animal.

d. Rock Crabs

The rock crab (Cancer irroratus) is an edible crab found only
in the western Atlantic from Labrador to South Carolina. Although more
common in New England marine waters, rock crabs are found in the southern
waters of the Chesapeake Bay and the seaside bays of the Eastern Shore from
November through March. They are often caught along with blue crabs in
pots and during winter dredging operations. where they have historically
been culled and discarded.

With a flavor comparable to that of a blue crab, rock crabs
contain a large quantity of meat and represent a potentially important
resource in the Chesapeake Bay. They can be used as picked crab meat; as
whole, fresh, or steamed hard crabs; as peeler crabs for fishing bait: and
as peeler crabs to shed into soft-shell crabs during the winter. The rock
crab's commercial potential has not yet been realized.

2. .-Finfish

More than 200 species of fish have been reported in the Chesapeake
Bay. About a quarter of these inhabit fresh or brackish water: the rest
are more or less limited to water of a salinity greater than 12 ppt-
Because of the peculiarity of the salinity pattern, marine fish tend to
go farther north in the Bay along the eastern shore and to be more numerous
there than along the western shore. But tolerance of ranges of salinity,
like that of temperature, varies from one species to another. and for any
given species, from one age to another.

Anadromous (e.g. shad) and most other marine fishes are seasonal
migrants, arriving in the Chesapeake Bay during the spring and leaving in
the fall.. A few species. however, reside in the Bay the year round.

Fish have various ways of surviving the winter. Some descend into
deeper water in the Bay and hibernate (e.g. eels): others move out of the
Bay to varying distances offshore, some as far as the edge of the continental

shelf (e.g. northern fluke. scup, @lack sea bass, spot, Atlantic croaker):
and others travel southward along the continental shelf to warmer areas
(e.g. bluefish, gray sea trout).

Chesapeake Bay marks the southern geographic limit of the ranges for
about a dozen typically northern fishes, such as yellowtail flounder,
squirrel hake, and cunner. It is the northern limit for 25 or so southern
species, such-as tongue sole, horse-eye Jack. southern kingfish. and sand-
J
drum. Fewer than half a dozen species are found exclusively in the Bay.
Fishes that are more abundant in the Bay than in other sections of the
Atlantic Coast are alewife. striped bass,.and white perch. Some of the
most importa.nt finfish resources are described below.

a. He-r-ri ngs

Three species of herrings of the genus Alosa. the alewife (Alosa
@
-se.udoharengus), blueback herring (Alosa aestivalis). and American shad
Alosa sapi-dissima) are anadromous fish found in the Chesapeake Bay. When
spawning in the spring. these fish may be found as far upstream as the
headwaters of the numerous creeks and tributaries of the tidal,rivers where
some are caught using hand nets (wire baskets) or gill nets. The major
catches of these species are made in brackish waters.

Shad make their spawning runs from February to April, with adults
returning to the sea by June. Young shad may return to the sea in the fall
or may spend the winter in the Bay. After three to six years at sea,
mature shad will be ready to begin their own spawning trips to the same
location where their parents spawned.

Alewife and blueback runs take place in March-April and April-
May respectively. They follow patterns similar to the shad, but generally
stay longer in estuarine waters, with some adults wintering in deeper Bay
waters.

b. Atlantic Menhaden

The Atlantic menhaden (Bre voortia tyrannus) is a close relative
of the herring and similar in appearance. but is not anadromous. spawning
instead at sea. While it spends winter manths at sea or in deeper Bay
waters, its tendency is to congregate in large numbers in the Bay's shallower
waters while feeding in summer. This den;e schooling makes menhaden especially
susceptible to commercial fishing operations using purse seines. Menhaden
constitute the major portion of Virginia'; annual finfish catch, accounting
for 36.7 million pounds in 1982, or 60 pe-cent of the total catch by weight
and 15 percent by value. Almost all of tiis catch was taken from the Bay.
Chesapeake Bay is the major commercial menhaden center on the East Coast,
accounting for over half of the total East Coast landings.

The menhaden is not an edible fish. but is processed into meal.
oil, and condensed soluble proteins. The meal and condensed solubles are
rich in protein and make an excellent food supplement for poultry, swine.
and cattle. The oil is used industrially in paints, soaps, and lubricants.

c. Spot, Croaker, Sea Trout

Spot, croaker and sea trout are closely related to each other.
They provide good eating to the recreational angler, and are caught
commercially and sold in markets as pan fish as well. Spawning occurs at
sea near the mouth of the Bay. Larvae then move to the less saline waters
of the tributaries, spend their first year there, and gradually return to
more saline water as they grow older. Adults spend winters in the ocean
and summers in shallower waters. 'They can be caught by bottom-fishing
throughout most of the Bay and in the ocean surf at various times of the
season.

Spot (Leiostomus xanthurus) is currently abundant and con-
sidered one of the 66-s-t-flavorful and most sought after of the'common
finfish. Adult spot average 1/4 - 1/2 of a pound and may reach 2-1/2
pounds. Heaviest runs occur from August to November.

Croaker (Micropogon undulatus) has made somewhat of a comeback
from scarcity. Runs -1 /4 pounds are heaviest in
mid-summer and extend as late as December.

Sea trout (Cynoscion regalis), also called weakfish and gray
trout, vary in abundance from year to year. Peak spawning occurs in early
to mid-summer with the best fishing being in early fall. Adults average
1-1/2 to 2 pounds.

d. Flounders-

Two major species of these bottom-dwelling flatfish are found
in Virginia waters. Although similar in appearance, the two have decidedly
different life cycles. Both are predatory bottom-dwellers, feeding on,
smaller fish, squid, shrimp, small crabs, and worms. They both have firm,.
tasty flesh and are often sold for fillets and are a common restaurant menu
item.

The summer flounder (Paralichtys dentatus), also called fluke,
is the larger of the two types and follows the general migratory pattern of
spending the summer in the shallower nearshore areas, returning to deeper
waters in cold weather. Summer flounder average 2 pounds.

The winter flounder (Pseudopleuronectes americanus), which
averages 1/3 '- 2/3 of a pound, spend_stFi@_Wi-nter months in the Bay's
shallower waters, but cannot tolerate the.summer temperatures retreating
instead to the deeper waters of the continental shelf from June through
October..

e. White Perch

The white perch (Morone americanus), while fished commercially.
is recognized more.as a sport 7-1-Sh-. The"@i-ve_rage size of white perch is 1/3
to 1/2 of a pound, with 4-3/4 pounds being the largest recorded. They can be
found in fresh, brackish, and saltwater, but remain in the tributaries of the

found in fresh, brackish, an d saltwater. but remain in the tributaries of the
Bay. In the spring, the adults move upstream to spawn. then move farther
down stream in warmer weather. During winter, they retreat to deeper waters
of the river where the water remains warrrer. The white perch is an example
of a finfish which spend its entire life cycle in Virginia waters and can be
managed solely by Virginia as the need arises, as opposed to some other types
of finfish which require interstate agreements for management purposes.

f. Striped Bass

The striped bass (Morone saxatilis). also called rockfish around
the Bay area, is an andromous sea bass which travels as far inland as the
Fall Line in the spring to spawn in freshwater, then returns to the Bay by
summer. Larger adults may migrate as far north as Nova Scotia in the
winter. Adults average 2 pounds, but individuals up to 125. pounds have
been recorded. The striped bass has been valued as a commercial food catch
since colonial times and, more recently, as a sportfish due to its predatory
feeding habits and vigorous fighting ability.

g. Bluefish

Bluefish (Pomatomus saltatrix) are migratory marine fish which
average 2 pounds, but can grow to over 30 pounds. Traveling near the
surface in large schools, blues enter the Bay in the spring and summer,
feed on smaller fish there, and usually leave for warmer marine waters in
November. Their voracious feedi 'ng habits and sharp-toothed jaws have
earned them the nickname "choppers." Bluefish are caught commercially and
recreationally in large numbers in the Bay. offshore, and in the surf.

3. Subaqueous Vegetation

a. Eelgrass

Eelgrass (Zostera marina) is a true flowering plant that has
adapted to a subaqueous habit-at.- Forming extensive meadows within the
lower Chesapeake Bay, eelgrass performs many functions in the Bay ecosystem.

It supports one of the densest and most diverse benthic communities in the
Bay, primarily serving as a substrate for many forms of invertebrates.
Blue crabs and spot use eelgrass beds as nursery grounds, and their presence
makes the beds a well-stocked feeding groind for larger finfish and crabs.
The eelgrass plants serve as a basis for the detritus food chain. Unlike
wetlands, which retain most plant-derived material within the system,
eelgrass releases all its nutrients to th,? currents and tides. Like wet-
lands, eelgrass beds play a vital role in reducing shoreline erosion and
stabilizing bottom sediments.

b. Others

There are other, less abundant, but locally important species
of submerged aquatic vegetation. Widgeon grass (Rup -pia maritima) is
found in brackish waters. In fresh or very low salinity waters Eurasian
milfoil (Myriophyllum spicatum) often becimes a noxious weed by invading
the shallows. In time, great masses of t1is plant may out compete other
natural submerged aquatics and, in some cases, completely dominate the
water column. Back Bay is particularly plagued with this weed.

4. Ter rest ri a l--Wi 1-d I i fe-

' Virginia's coastal area provides habitat for hundreds of species
of mammals, birds, reptiles, and amphibians in addition to the
creatures of its waters. Many of these are found only in coastal plain
locations in Virginia and neighboring states, and a few are.found only in
specific locations in Virginia. A complete inventory of the species limited
to coastal. areas would be lengthy and duplicative of descriptions published
elsewhere. For purposes of this description of Virginia's coastal resources,
coverage is limited to two types of birds whose habitats are closely and
directly dependent on coastal waters and which may be considered resources
of value to man--in a material sense in the case of waterfowl and in an
aesthetic sense in the case of the large birds-of-prey.

a.. Waterfowl

Virginia's coastal waterfowl include many species of ducks, two
species of geese, and one species of swan. Surface feeding ducks, also
called dabblers, congregate in shallower fresh and brackish waters. Many
live in the Bay area year round; others migrate from farther north to
overwinter there. Surface feeding ducks are distinguished by irredescent
bars on either wing. Predominant species include the mallard (A nas
p.@l@@yrhync6os), the most common North American duck; black duck (Anas
rub i @T_W6_oa_ duck (Ai ), a beautiful colored duck with
fjies _Ix @pousa cres
head; and American widgeon (mi-r-e,ca americana). Diving ducks gather in
large flocks and 'prefer deeper waters in which they search for food. They
l.ack the bright wing colors of the dabblers. Common diving ducks are the
canvasback (Nyroca valisinera), red head (Aythya ame.ri-cana), and scaup
(Aytha affinia

The Canada goose (Branta canadensis) is Virginia's most
prominent goose, migrating from summer breeding grounds in Canada in large
numbers, flying in-the familiar V-formation. Canada geese feed mainly on
grain left after harvest in fields along the Bay and rivers. They can be

seen by the thousands in the various refuge areas such as Hog Island on the
James River, their large size (sixfoot wingspan) and bold black and white
markings making them easily recognizable. Other goose family members
common in Virginia, but not hunted like the Canada goose, include the
greater snow goose (Anser caerulescens atlanticus) and the whistling swan
(Olor columbianus).'

Waterfowl population numbers tend to rise and fall in response
to a variety of factors, a major one being habitat destruction. Due to
waterfowl's migratory nature, much of the destruction of thei.r habitat
occurs outside the jurisdiction of any one state. In Virginia large areas
of habitat are protected for the use of both resident and migratory waterfowl.
Hunting of these birds is a popular sport, regulated by state law as well
as by federal law in response to international migratory waterfowl protection
treaties. For hunting to continue or increase, special attention must be
paid to the existence of sufficient protected habitat areas.

b. Bald Eagle, Osprey

About 75 pairs of southern bald eagles (Haliaeetus leucocephalus)
are known to nest in Vi rgi ni a, mostly along the Bay -t -id-a-1--r-l-ve _rs _TKd___

creeks. As an endangered species, thq protection of the southern bald
eagle is a matter of national interest. Pesticide contamination of its
main food supply. fish, causes a thinning of the eggshell. These thin
eggshells break easily, and have resulted in a less than 50 percent success
in hatching, a major factor in the eagle's decline. However, the species
may be recovering somewhat from previously depressed population levels.

The osprey Pandion haliaetus), also a fish-eating bird-of-prey,
has suffered eggshell thinning and high @gg mortality, though not to nearly
the extent that the bald eagle has. Also called the fishhawk, it is smaller
than the eagle and not as easily disturb@d by human encroachment of its
habitat. The osprey population appears to be recovering quite well from
.its previously depressed population level.

PART V - PROBABLE IMPACTS OF THE PKOPOSED ACTION ON THE ENVIRONMENT

PART V: PROBABLE IMPACTS OF THE PROPLSEO ACTION ON THE ENVIRONMENT

The intent of the CZMA is to promcte the wise use of the Nation's
coasts. The CZMA encourages states to achieve this goal through better
coordination of government actions, explicit recoynition of long-term
implications of development decisions, and the institution of a more
rational decision-making process in concert with the overall CZMA
policies. This process, which could affect much of the future activity
in the coastal zone, will have a substantial environmental impact.

Both beneficial and adverse environmental and socio-economic effects
will resu.lt from Federal approval and Commonwealth implementation of the
VCRMP. The fundamental criterion for assessing these impacts should be
the CZMA's.dectaration of policy "to achieve wise use of land and water
resources of the coastal zone giving full consideration to ecological,
cultural, historic, and aesthetic values as well as to needs for economic
devel opmeryt " .Full consideration implies that coastal decisionmakers
should weigh all factors among the often diverse values between resource
development and protection. Consequently, a balance can be achieved
which allows or even en *courages develop,nent while protecting a critical
resource. The VCRMP policy on dunes management illustrates this
principle:

It is declared to be the puDlic policy of the
Commonwealth whenever reasoiauly necessary to
preserve and protect coastal primary sand dunes
and to prevent their despoliition and destruction
and whenever practical to ac--ommodate necessary
economic development in a manner consistent with'
the protection of such featu-es." (see discussion
p. 111-9 and 10.)
Protection of the coastal zone may be viewed as benefici'al to the
environment and to the public welfare for many reasons, but it also may
have aaverse socio-economic effects on property owners and would-be
property owners whose plans are limited or curbed by the program. This,
of course, happens on a day-to-day basis even without coastal management
programs as permits for development are denied or modified.

One of the purposes of this EIS is to determine if implementation
of the VCRMP processes as described in Part II, can reasonably meet the
goals and objectives the Commonwealth a5. set forth, and which in turn
will further the alms of the broader national CZMA goals. The impacts Of
achieving these goals overall are posit-ve.

Impacts associated with the Federal approval of the VCRMP fall into
two categories: (1) impacts due to a cirect increase of funds and
funding options to the Commonwealth and local governments, and (2)
impacts from the implementation of the CZMA.

Although the basic aspects of the VC:RMP are being implemented without
Federal approval, Federal approv.al offers several advantages to Virginia.

A IMPACT@ ASSOCIATED WITH PROGR/-@l FUNUING

Federal approval will allow the JCRM to award Section 3U6 (program
Administration) grants to Virginia. Under Section 306, Virginia is
scheduled to receive $1,UUO,000 upon approval of its program, Virginia
would receive additional funds if the Congress decided to reauthorize
Section 306 funding under the CZMA and if the Congress appropriates new
Section 306 funds.

The Virginia Council on the Environment (the State CZM lead agency)
anticipates that nalf of available 306 funds Will be passed on to local
governments and coastal Planning District Commissions for various functions
relating to achieving the coastal goals and policies.

. Additional funding under Section 306A (Resource Management Improvement
Grants); Section 3U8 (Coastal En 'eryy Impact Program); Section 309 (Interstate
Grants); and Section 31b (Estuarine Sanctuaries and Island Preservation)
also may be made available at a later date if Federal funds for these
purposes under the CZMA are reauthorized and appropriated by the Congress.

One of the primary purposes of Virginia's Coastal Resources Managellient
Program is to provide both financial and technical assistance to those
governmental units having jurisdiction over state waters, subaqueous lands,
wetlands, barrier islands, and sand dunes. Several agencies of state
government as well as a number of the planning district commissions have the
technical staff capability to assist the state and local governments in the
preparation of special studies or plans and the coastal resources management
implementation measures.

Examples of types of assistance, prujects,'and activities which may be
funded with CZM funds include:

� Projects designed to improve the. coordination of
governmental agencies on priority coastal resource
management issues.

� Projects designed to strengthen local government
expertise in coastal resources management.

0 Projects designed to improve the implementation
and enforcement of existing regulatory and manage-
ment policies and programs related to coastal
resources management.

� Projects which are directed toward resolving
national interest and coastal problems issues
and conflicts.

� Local hiring of the skilled people needed to
administer programs already mandated by the state
and important to the management of coastal resuurces
(for example, erosion and sediment control, Sub-
division plat reviews, wetlands protection).

0 Technical Assistance to applicdnts who need peri0ts for
construction in the short@lands and to shurefront
property owners who need advice on erosion aDatement
techniques.

0 Local preparation of site plans for recredtional
commercial, and industrial development.

0 Inventories of the cause!; and effects of shoreline
erosion, and mapping of 'and uses based'upon hi@n
altitude photography.

0 Training of local elected, appointed, and adminis-
trative officials in the techniques of coastal
management activities, federal and. state regulatory
procedures, the economic and ecological value of
coastal resources, and proper land planning and
management.

Preparation of basic.information and plans which
local officials and priviite citizens have suggested,
as essential to local anci state decision-makers,
includi.ng subject areas its:

- Shoreline ero0on rates, causes and effects.

- Location of spawning and nursery-grounds.

- Mapping of oy@-ter grounds and leases.

- Transportatiori and location of hazardous
materials in Tidewater, Virginia..

- Port development plans.

- Possible S'ite5 for oil and gas pip elines
in nearshore vlaters.

- Fisheries protection and restoration.

B. IMPACTS RESULTING FROM IMPLEMENTATION UF THE CZMA

1. Federal Consistency Provision5

Federal approval and implementation Of the VCRMP w ill have implications
for Federal agency actions. Approval of the Commonwealth program will lead
to activation of the Federal consistenc) provisions of the CZMA (Section
30). These provisions and the manner in Which Virginia intends to implement
them are described in Part II, Chapter Y.

The overall purpose of the Federal consistency provisions is to provide
for closer cooperation and coordination among Federal, state (Commonwealth),
and local government agencies in'volved in coastal related activities and
management. This is considered to be a desirable impact and is one of the
principal objectives of the CZMA.

The VCkMP nas evolved with the assistance and input of numerous Federal
agencies With responsiDility for activities in or affecting the coastal
zone. Because of this opportunity for coordination during the program
plannin,j staje, it is not anticipated that many conflicts Will drise between
the Commonwealth's substantive policies and federally licensed or conducted
activities. No activities of relevant Federal agencies are excluded from
locating in the coastal zone although these activities may have to meet
environmental ly protective policies to obtain coastal sites and/or be - located
outside the coastal zone if adverse environment.al effects cannot be sufficiently
mi ti gated

Cert*ain safeguards are built into'Section 307 of the CZMA to prevent
unreasonable use of Federal consistency provision to block activities which
dre necessary in the interest of national security, or otherwise consistent
with the CZMA.

When Federal agencies are undertaking activities including development
projects directly affecting the Commonwealth's coastal zone, they must notify
the Commonwealth of the proposed action and the parties will then have an
opportunity to consult with one another in order to ensure that the proposed
action not only meets Fed 'eral requirements, but also is consistent, to -the maximum
extent practicable, with the Commonwealth's management program. In the event
of a serious disagreement. between the Commonwealtn and a Federal agency, either
party may seek Secretarial mediation services to assist in resolving the dis-
aigreement. By virtue of the availability of early Federal-State (Commonwealth)
consultation and the mediation services of the Secretary of Commerce, the potential
for conflict resolution is enhanced. These procedures will provide all parties
with an opportunity to balance environmental concerns along with other National,
State (Commonwealth) and local interests.

In cases where the State (Commonwealth) judges that proposed Federal license,
permit or assistance activities affecting its coclstal zone are inconsistent with
their federally' approved coastal program, the Federal agency may not approve
such activities. Commonwealth objections must be based upon the substantive
requirements of the manageme 'nt program which include. consideration of issues
such as air and water quality protection, prevention of shoreline erosion,
protection of valuable wetlands and other environmentally related objectives.
Accordin@ly, Commonwealth objections will often result in protection of the
environmental quality of coastal resources.

In certain instances, the Commonwealth's objection to a proposed federally
licensed or assisted activity may be set aside by the Secretary of Commerce if
the proposed activity is consistent with the objectives of the CLMA or is in
the interest of National security. In the former cas@, t-ne Secretary must find
that (a) the activity. furthers one or more of the competing national objectives
or purposes contained in Sections 3U2 or 303 of the CZMA; (b) when performed
separately or when its cumulative effects are considered, the activity will not
cause adverse effects on the natural resources of the coastal zone substantial
enough to outweigh its contribution to the national interest; (c) the activity

will not violate any requirements of vie Clean Air Act, as amended, or tne
Clean Water Act, as amended; and (d) tnere is no reasonable alternative
available wnicn would permit the activ-ty to De conducted in a manner
consistent witn the state mana@4ement p@,o@raiii. In the latter case, the
Secretary must find tnat a national se(urity interest would be slynificantlj
impaired if trie-activity were not permitted to @o forward as proposed.

Where the Cominonwealth finds that a proposed federally regulated or
assisted project is consistent witri thE requirements of. the management
program, the Federal agency may apprOVE the project and the result is
that the project will be in conformanCE@ with the Commonwealth's management
program requirements including those rE.lated to environmental protection.
Notwithstanding, State approval fur the project, the Federal agency is
not required to approve the license, permit or assistance application.
The proposed project may still require Federal Government disapproval
based upon overriding national interest grounds when Federal criteria are
more.strinyent than the Commonwealth's management program requirements.
Accordingly, as between Federal and State environmental requirements for
tne coastal zone, the more stringent ones would apply, thereby fultilliny
NEPA's objectives to administer Federal programs in a manner which enhances
the quality of the environment.

2. National Interest

Federal approval of the Commonwealth's program will also signify that
the VCRMP has an acceptable procedure to insure the adequate consideration
of the national interest involved in t@e siting of facilities necessary to
meet requirements which are other than local in nature. Sucn facilities
include energy production and transmission; recreation; transportation
and national defense. This policy requirement of the CZMA is intended to
assure that national concerns over facility siting are expressed and dealt
with in the development and implementation of state coastal manajement
programs . The requi rement shoul d not be construed as compel I i ny the s tates
to propose a program which accommodates certain types of facilities, but only
to assure that such national concerns are not arbitrarily excluded or
unreasonably restricted in the management program.

Virginia's CRMP will account for national interests in a number of
ways. First, the goals and objectives Of the program explicitly include
consideration of national interests in the coastal resources decision-illdking
process. Secondly, the "areas of particular concern" prugram to oe imple-
mented through State and local planning and regulation contains selection
criteria specifically directed toward identifying areas suitable for
marine-related development. Thp identification and desijnation of such
areas through proper planning could lead to less resistance to facilities
which are of national interest along th2 permitting route.

During implementation, Virginia will take into consideration tne following
Federal policy information, in addition to Feaerdl/State consultation.

� Presidential policy statements and executive orders
relating to energy, trie environment, commerce, and
recreation;

� Future Federal laws and regulations;

0 Future statements from Federal agencies regarding
national interests;

0 Plans, reports and research studies from Federal
and interstate groups, (e.g., interstate energy
plans, river basin plans); and

0 Testimony from Federal officials at public hearings.

C. ACHIEVEMENT OF PROGRAM GOALS AND IMPLEMENTATION OF THE CORE REGULATORY PROGRAMS

1. Impacts of Program Goals

It is likely that with the approval of the VCRMP'(which includes the
Governor's Executive Order directing all State agencies to carry out their
legal ly established duties in d manner consistent with and supportive of
the Program) and with the additi-onal impetus of Federal financial assistance,
the Program will assist in achieving the twenty-five goals (see Part II of
this EIS) which provide for overall management direction. The overall impact
of achieving program goals. and implementing the eight core regulatory programs
will be beneficial to Virginima's coastalenvironment and its citizens because
of improved *and more focused management while accommodating/promotiny economic
development.

2. Impacts of Core Regulations

-The heart of the VCRMP is a core of eight regulatory programs through which
critiCdl land and water uses and activities are subject to control of the
Commonwealth (see Part II, Chapter III). This section describes the impacts
of the past implementation of three of the core programs dealing with the
following resources: subaqueous lands, wetlands and dunes.

a. Subaqueous Lands Management

The Commonwealth Of Virginia is.endowed with over 5,UOO miles of tidal
shoreline encompassing 2,300 square miles of water surface covering 1 472,000
acres of State-owned bottomlands. These Submerged lands, greater in area than
t he State of Del aware , harbo r some 21 UOU acres of Bay gras ses , 240,000 acres
of public oyster grounds, and 1U7,307 acres of oyster grounds under private

lease. These lands are a public resource and an essential habitat for
valuable shellfish, crabs and finfish. Along the fringes of the myriad
coves, creeks, great rivers and bays of the Chesapeake estuary grow some
225,000 acres of vegetated tidal wetlands. These vegetated areas,
particularly the salt marshes, constitute a vital spawning and nursery
area and are an important element of the marine food webs for many of the
commercially valuable marine resources of the Commonwealth.

Much of the responsibility for ensuring these resources are responsibly
unilized rests with the Marine Resources Commission's Environmental Division
operateing under the mandates of Virginia's Wetlands and Subaqueous Laws.
The Code of Virginia vests ownership of "all the beds of the bays, rivers,
creeks, and shores of the sea in the Commonwealth to be used as a common
by all people of Virginia." Permits are required from the Marine Resources
Commission to encroach upon or over State-owned bottomlands. The Division
receives and reviews these applications, solicits public comment on them,
applies public interest factors in assessing them and then prepares a
recommendation to the Commissioner or Commisssion for a decision.

Table 1 below provides a summary of permit actions from fiscal years 1971-72
through 1984-85.

SUBAQUESOUS PERMIT APPLICATIONS (TABLE 1)
Fiscal Inactive/ No Permit
Year Total Approved Denied Withdrawn Reqired *Pending

1971-72 182 85 2 12 83 0
1972-73 519 202 10 38 269 0
1973-74 633 209 0 49 375 0
1974-75 539 164 3 40 342 0
1975-76 578 172 1 29 376 0
1976-77 576 183 1 22 369 0
1977-78 678 201 2 38 437 0
1978-79 831 247 12 42 530 0
1979-80 725 194 2 26 463 0
1980-81 775 223 3 21 528 0
1981-82 795 227 3 5 513 47
1982-83 942 292 7 2 614 92
1983-84 1200 282 5 9 799 295
1984-85 1237 361 5 21 727 -

Environmental Division personnel have endeavored to decrease the number of
projects which are not in the public interest by ensuring that projects are
necessary, that there are no reasonable alternatives requiring less environ-
mental disruption, and that adverse effects do not unreasonably interfere with
other private and public rights to the use of waterways and total bottomlands.
Particular emphasis in this regard has been applied to the reductionof
unnecessary filling of State bottom, the minimization of obstrucions or
hazards to navigation and the prevention of structures encroaching into
neighboring riparian areas. Utilization of these project evaluation criteria
at an early stage has hastened project modifications, reduced conflicts
between property owners and, of course, protected intertidal habitats and
navigation.

The evaluation of proposed shorel ine projects requires the oalanced
considerations of often complex environmental, social and economic factors.
Perhaps nowhere else have the Commission's decisions been more difficult
durin@ this period than in the area of marina development. The issue of
new marinas, particularly in localities without local zoning, continued to
conflict with shellfish growing area closures. (Source: Marine Resource
Commission Biennial Report..)

b. Wetlands Management

Virginia's 225,OUU acres of tidal wetlands vegetation change from
freshwater swamp forests, characteristic of the uppermost regions of tidal
waters, to the broad expanses of high salinity salt marshes which predominate
behind the Barrier Islands of the Eastern Shore. Virginia's wetlands
constitute a vital spawning and nursery area for juvenile fishes and are
essential elements in the marine food web supporting the major commercial
fisheries of the State. It has been estimated that 85t of Virginia's
commercially harvestable fin and shellfish live in the estuarine areas, a
significant portion of whose nutrient supply comes from the decay of such
wetlands. These wetlands also perform other valuable functions such as
erosion control, flood buffering, the provision of habitat for coastal and
shore fauna and the absorption of silt and pollutants.

The ecological and economic value of this resourc e was recognized in 1972
with the adoption by the General Assembly of legislation creating a pro@rarn
for control-ling the use and development of wetlands. The Virginia Wetlands
Act defines wetlands as certain species of vegetation lying within one and
one-half times the tide range. The Act *was later amended in 1982 to include
non-veyetated wetlands. The control mechanism is through a public interest
review procedure. triggered by a permit requirement. The opportunity to
administer this system is offered to all political subdivisions in "Tidewater
Viryinia", as defined in the law, through the adoption of a specified. ordinance
creating a local wetlands board. Decisionmaking requires the conduct of a public
hearing and the application of state standards and guidelines in determining
whether a proposal is in the public interest. All local decisions are reviewed
by the Marine Resources Commission for consistency with State standards and
guidelines. Appeals of local decisions may be made by certain parties within
a ten-day period to the Marine Resources Commission which reviews the decision
and can modify, reverse, remand or uphold it. Further appeals are through the
Courts.

The Virginia Institute of Marine Science provides technical and scientific
advice to local wetlands boards and state agencies on a day-to-day basis.

The Virginia Wetlands Statute tasks the Marine Resources Commission to
administer the permit program in those localities which have not adopted a
wetlands ordinance. The law also specifically authorizes certain activities
which may be conducted without a permit. Notable among these exempted uses
are the construction of private, open pile piers, governmental activity on
wetlands owned or leased by the State or a locality, and certain maintenance
activities.

The Viryinia Wetlands Act has proven to be an effective and durable
instrument of environmental control. Since its passage, 28 of b2 eligible
political jurisdictions in Tidewater Viryinia have adopted the specified
ordinance and formed citizen's wetlands boards. These boards administer
local permit programs controlling activities in over 85% of Virginia's
coastal wetlands. The remaining 15%, located in localities which have
not adopted the ordinance, are under the direct jurisdiction of the
Commission.

The Virginia Wetlands Act, in conjunction with Federal statutes, has
reduced substantially the indiscriminate destruction of wetlands resources.
Prior to 1972, it was estimated that wetlaids were being destroyed at a
rate of about 6UU-80U acres annually. A r?view of the first several years
of the Act's implementation revealed that this rate had dropped substantially
to less than 25 acres per year or about 1 acre lost for every IU,UUO acres
of tidal wetlands in Virginia. Equally as important as' the reduction in the
loss of wetlands, however, has been the no'.able success of the experiment
of local implementation of an environmental control program based upon State
standards and the sense of local involveineiit with environmental management
that the program has fostered. Unique amoig wetlands programs for its time,
the 1972 statute sought to establish a projram which effectively protected
a resource of State-wide significance but -ecognized long-standing local
prerogatives in the area of land use control. The operation of these local
boards and their continuing dedication and effectiveness in carrying out
the requirements of the Act, has confirmed the wisdom of this approach.
Workin-4 with friends and neighbors, local board members have been instru-
mental not only in enforcing their ordinances but also in educating the
public to the value of wetland and fostering methods of shoreline
construction which minimize impact on wetlands. ' Accordin@ly, the Virginia
Wetlands Act has not only been effective in achieving its goal of preserving
and protecting wetlands, consistent with necessary economic developments,
but also has proven to be an example of holi local and State interests can
work together successfully.

Table 2 below showg the total number of wetland permit applications submitted on
a yearly basis and their status. (Source: Marine Resources Commission
Biennial Report.)

WETLANDS PERMIT APPLICATI'.UNS (TABLE 2)

Fiscal Inactive/ Grand- Other/No
Year Total Approved Denied Withdrawn fathered Permit Required Pending

1972-73 147 112 23 5 5 2 0
1973-74 193 112 15 15 14 37 0
1974-75 134 78 12 8 7 29 0
197b-76 118 95 8 2 1 12 0
1976-77 127 69 5 1 2 50 0
1977-78 301 135 6 7 2 151 0
1978-79 267 94 7 4 3 Ib9 0
1979-80 Z70 80 1 0 1 188 0
1980-81 384 111 7 2 1 263 0
1981-82 313 98 7 1 1 206 0
1982-83 599 219 20 9 6 345 0
1983-84 601 176 21 7 2 379 16
1984-8b lU36 4SO 18 2 0 603 -

c. Coastal Primary Sand Dune Protect-ion

Along Virginia's shorelines are found 126 miles of coastal primary sand
dunes in both rural and urban areas. The dunes are unique physioyraphic
features ranginy in height from relatively low dunes found* along the western
shore of the Chesapeake Bay to much higher and broader dunes predominating
along the Atlantic Shore. In their natural state, these features serve as
protective barriers from the effects of flooding and erosion caused by coastal
storms, thereby protecting life and property, and provide an essential source
of natural sand replenishment for beaches as well as an important natural
habitat for coastal fauna. They are also important to the overall scenic
and recreational attractiveness of Virginia's coastal area.

Ouring its 1980 session, the Virginia General Assembly recognized the
value of these features and expressed its 'concern that activities which do
not take into account the essentially dynamic nature of coastal dunes can
compromise their special values. Such development may lead to increased
shoreline erosion,*flood damage to fixed structures, loss of public and
private open space and wildlife habitat, and the increased expenditure of
public funds. Therefore, the General Assembly established the policy of
preserving and protecting, whenever necessary and practical, coastal primary
sand dunes in a*manner which accommodates necessary economic development.
Building upon the successful structure of the Virginia Wetlands Act, the
General Assembly chose to offer selected localities having coastal primary
sand dunes the opportunity to adopt a specified ordinance to control develop-
ment in these dunes through local wetlands boards already in existence. In
order to simplify the task of administering both the wetlands and dunes permit
programs, the legislators chose to-standardize procedures for the administration
of the two programs. Thus the administrative procedures, including t'ne conduct
of public hearings and review and appellate procedures in the dunes program,
are virtually identical to those for wetlands. As with the wetlands system,
the Marine Resources Commission administers the permit program Where no local
board has been established.

Guidel'ines were prepared which provide criteria for evaluating alterations
of sand dunes (Appendix 111-5). As Table 3 shows, all permit applications
to date have been in the Virginia Beach and Norfolk areas, which are
areas of intense growth and recreation. The data indicates that over the
last four years there has been an increase in the number of dune applica-
tions which require a permit.

COASTAL PRI MARY SAND DUNE APPLICATIONS (TABLE 3)

Fiscal No Permit Inactive/
Year Location Total Denied Approved Required Withdrawn Appealed

1980-81 VA Beach 25 1 7 16 1 5
No rf 01 K 10 0 9 1 0 -0

1981-62 VA Beach 37 4 10 21 2 6
Norfolk 24 0 6 17 1 0

1982-83 VA Beach 29 1 1 14 2 2 9
Norfolk 7 1 6 0 0 1

1983-64 VA Beach 29 5 ZI 0 3 6
Norfolk 14 3 10 0

1984-8b VA Beach 17 2 9 0 0 4
Norfolk 13 0 12 12 1 0

(Source: Marine Resources Commission)

U. OTHER BENEFITS AND IMPACTS

1. Time and Cost Savings in Shoreline Permitting

Since 1976, Virginia has worked with the Norfolk oistrict U.S..Army Corps
of Enjineers towards streamlining some of the permitting procedures for minor
Shoreline projects, such as bulkheading and minor dredging. Streamlined
perinit procedures mean savings in tax dollars. These savings result from
administrative improvements such as use of a single permit applicat-ion for
uses of wetlands, instead of three applications. They also accrue from
improved advisory services that can be provided by local governments. Local
staff can help appli'cants plan a project :urrectly the first time, avoidin4
Federal or State site visits, correspondence, and perhaps even an appeals
procedure. The applicant for a small project in a locality could rely on
a sin-jle source of basic information on parmit requirements. He could also
expect to deal with a group of local citizens knowledgeable of both environ-
mental concerns, and to receive a decision within a reasonable amount of time.
Streainlininy has also helped the permit applicant save money. For example,
on Jctooer 1, 1981J, a joint State/Federal Public Notice Procedure was placed
in operation resultin@ in the virtual elinination of costly newspaper
advertisements which were fonnerly paid by the applicant. Additional funds
provided Dy approval of the VCRMP will further assist the state in these efforts.

2. Benefits to Fisheries Industries

Commercial and recreational fisheries are an important contr!DUtOr to
Viryinia's economy. The dockside value of finfish and shellfisn alone was
$6b inillion in 1983. Figures 1, 2 and 3 graphically depict the econoinic
importance of Viryini a's fi sneri es .

The importance of recreational fishing is shown by the fact that in 1980
there were 1,720,000 residential recreational fishermen and 1,118,000 non-
residential fisherman in Virginia. In 1977 the 160 marinas in Tidewater
grossed $25 million. The U.S. Fish and Wildlife Service estimated that the
value of the recreational fisheries industry in Virginia in 1977 was
$200 million.

The VCRMP represents a direct economic benefit to the fisheries industry
by protecting wetlands, nearshore shallows-, and other fragile segments in the
marine food chain. This will preserve both the commercial and recreational
fisheries, which depend on a nealthy, productive habitat.

If the VCRMP is approved, monies may be available for fisheries management.
An example of the possible benefits is the funding which was provided to the
Virginia Marine Resources Commission in 1979 by OCZM to resurvey and remap
oyster grounds in order to improve oyster ground leasing operations.

3. New Development and Land Values

Management by local governments of sensitive environinental areas such as
primary sand dunes and wetlands will enhance the desirability of some Coastal
areas for future development while limiting the use of other land for development.
A possible negative social impact of this or any type of coastal management system
would be the prescribed infringement on private property rights brought about by
governmental efforts to regulate activities and land and water uses in certain
coastal resource areas.

Long-term effects on property values are hard to predict. Property owners
with land Zoned for development and which is also located adjacent to protected
areas such as wetlands, recreation areas and historic places will realize an
increase on the value of their property. Values of property in areas designated
for preservation may decline initially, but may later rise on selected parcels
because of increased tourism or because acceptable development techniques
may become economically feasible.

4.. Compliance With Archaeological and Historic Preservation Act

The purpose of this section is to show compliance with requirements of
Section IU6 of the National Historic Preservation Act of 1966. The first is
the approval of the VCRMP and the second deals with the expenditure of future
Federal funds disbursed to Virginia for CLM activities related to the
implementation of their program.

o 8 00 8

0
C

DOLLARS (.V ONEMILLION)

0 0 0 0

M
1960
1961
1962
m
;a 963
m :964
0 965 -T r

068
1969 DOLLAftS
1970
1971 0 0 0 0
1972

0
1974
1975
i9lfi
1977 .. ..
1918
1979
1980
1981

21-

a. Approval of the VCRMP

OCRM approval of tne VCRMP will have "no adverse effect" on the archaeological
and historic resources of Virginia as defined in the 36 CFR Part 80U. The VCRMP
i s a des c ri pt io n of the way V i ry i ni a cu rrent I y manages i ts c oa s tal res ou rces .
It is a program which reacts to outside applications for development (e.,J.
t hr ough wet I a nd s and dunes pe mi ts) and . a ttempt s to bal a nce coa s tal devel opment
.with the protection of coastal resources which may include historic buildings
and archaeological sites. The program outlines how underwater historic property
is to be preserved and protected and managed through the Virginia Marine Resources
Commission (Part II, Chapter V-17). It is unlawful for any person, firm or
corporation to conduct any type of recovery operations involving the removal,
destruction or in any way disturbing any underwater historic property without
first applying for and receiving a state permit.

The VCRMP also briefly outlines the responsibilities of the Virginia Historic
Landmarks Commission (VHLC) (Part II, Chapter VI-9). The primary role of the.
VHLC is to, identify and encourage the preservation of Virginia's great wealth
of historic, architectural, and archaeological resources. The Commission:

0 Reviews and comments on the plans of state agencies proposing
alterations to registered landmarks under the terms of tne -
Virginia Environmental Reports Act and the Virginia Antiquities
Act;

0 Reviews and comments upon any federally funded, licensed, or
sponsored project that may threaten a historic building or
archaeological site; and,

0 Prepares a comprehensive statewide preservation-plan to provide
a framework for preservation activities-and a guide to land-use
planners.

In Virginia there are two registers for landmarks: the Virginia Landmark
Register established by State law and maintained by the VHLC; and the National
Register of Historic Places established by Federal law and maintained by the
National Park Service of the Department of'tne Interior. As a matter of policy,
the VHLC nominates all properties placed on the Virginia Landmarks Register for
listing on the National Register. Because the National Park Service has
consistently approved the Commission's nominations, the State register and the
Virginia section of the National Register are virtually the same.

Statewide, the VHLC has surveyed and assessed more than 20,000 structures
and more than 11,UUU.archaeological sites. There are more than 5,OUO places in
Tidewater alone with 43 historic districts and 448 individual properties listed
on the state register. The use of this information by planners and other public
officials who prepare land use studies and environmenta1 impact statements
is a significant step in the protection of historic properties from needless
demolition and encroachment by incompatible development.

Placement on the Virginia Landmarks Register and the National Register
imposes no architectuaral controls and carries no prohibition on the private
property owner using private funds. Registration is rather an official
recognition that is designed to educate citizens of the value of the
resources around them. Viewed in this light, the States's register program
has proved remarkably effective: of nearly 950 individual buildings and
sites registered by the VHLC since 1967, only nine buildings are no longer
standing and three of those were destroyed by fire. (Source: Virginia
Historic Landmarks Commission).

b. Expenditure of CZM Funds

Approved state CZM programs receive Federal funds to implement their
programs. Types of activities funded are diverse and generally submitted
as a work program on an annual basis to OCRM. With each grant, OCRM reviews
all work elements and jproposals and contractually ensures that if cultural
resources may be impacted (either by construction projects or nonconstruction
proposals) that the applicant will assist OCRM in meeting the Section 106
requirements.

5. Unavoidable Adverse Environmental Effects

Federal approval and implementation of the VCRMP aong with the
expenditure of Federal CZM funds is not expected to have any unavoidable
adverse environmental effects.

6. Irreversi le and Irretrievable Commitments of Resources

Federal approval of the VCRMP will not in and of itself lead to critical
losses of coastal resources. As has been the case in the past, the imple-
mentation of coastal management policies and regulations affects the actions
if Commonweath agencies and participating local governments in the coastal
area may result in irreversible and irretrievable commitments of resources
as coastal policies permit development of coastal resources as well as
protect them.

PART VI COMMENTS RECEIVED ON TH:- DRAFT VIRGINIA COASTAL
RESOURCES MANAGEMENT PROGRAM AND THE OCRM/COMMONWEALTH
RESPONSES

PART V1

LIST OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS THAT COMMENTED ON THE JEIS:

FEDERAL AGENCIES

Advisory Council on Historic Preservation
Air Force
Army Corps of Engineers
Coast Guard - Fifth District (10/2/85)
Coast Guard Headquarters
Department of Interior (10/11/85)
Department of Interior (11/11/85)
EnvirOnmental Protection Agency Region III
Housing and Urban Development
Federal Emergency Management Agency
National Marine Fisheries Service (6/21/86)
National Marine Fisheries Service (3/20/86)
U.S. department of the Navy

STATE AND LUCAL AGENCIES:

City of Hampton - Thomas 0. Schrack
Fairfax County
Maryland Department of Natural Resources
Northern Virginia Planning District Commission
Southeastern Virginia Planning District Commission
State Water Control Board
Virginia Conservation and Historic Resources (9/1l/85)
Virginia Conservation and Historic Resources (9/l6/85)
Virginia Department of Agriculture and Consumer Services
Virginia Department of Health
Virginia Emergency Services
Virginia Game and Inland Fisheries
Virginia Highway and Transportation
Virginia Institute of Marine Sciences
Virginia Marine Resources Commission
Virginia Port Authority

ORGANIZATIONS AND INDIVIDUALS,.

Ann Flippi
Bob Hume
Glenn Matthews
National Marine Manufactors Association
Kathleen Schumacher
Calvert Seybolt
Jon Shay
Ron Schmidt (JDU Student)
Virginia Wildlife Federation Carvel Blair

PART VI

FEDERAL AGENCIES

ADVISORY COUNCIL ON HISTORIC PRESERVATIJN, Chief, Eastern Division of Project
Review, Don C. -Klima, October 29, 79-85.

1. Comment: With regard to the Office of Ocean and Coastal Reso urce Management's
approval OT the Virginia program, the Virginia Council on the Environment (Council)
has no objection to the determination of no adverse effect.

Response: No response necessary.

2. Comment: The Council appreciates NOAA's commitment to ensure appropriate
compl-lance with Section IU6 of the National Historic Preservation Act. The
Virginia State Historic Preservation Officer Must be consulted on a case-by-case
basis, as necessary if any historic or archeological properties may be affected.

Response: The Council on the Environment is responsible for coordinating
the State's review process for all State funded development projects (excluding
highways) above $lUU,OOO, and the State's participation in the NEPA process.
The Virginia Department of Highways and Transportation works directly with the
Virginia Division of Historic Landmarks. Tie Virginia Division of Historic
Landmarks is notified in all cases where there is a possibility that a historic
property may be involved.

U.S. AIR FORCE, Eastern Regional Civil Engiieer, Environmental Planning Division
Thomas 0. Sims, Chief, October 4, 1985.

1. Comment: Pages 11-4 and 11-7, Table N-2, and Appendix II-1 adequately
T-
provide or the exclusion of Federal lands from Virginia's coastal zone. However,
the following corrections should be made co-icerning Air Force properties in
Table II-1:

1. Langley AF8 acreage should be: owied- 2883.0, lesser int. 269.U

2. Langley Family Housing Annex acrea-ie should be: owned 284.0, lesser
int. - 4.0. The locality Should bo Poquoson, not York.

-3. Byrd Field acreage in Appendix Table II-1 should show no land owned,
and 143.0 ]eased.

The following properties no longer belong to the Air Force and rhould be deleted
from Appendix Table II-1:

Morrison Radio deacon Annex Cape Charles Facility Annex
Cape Charles Communication Facility Langley Missile Site

The total acreage for Air Force lands in Tatile 11-2, page 11-7, should be changed
to read: 3583.U.

FEDERAL AGENCIES - Page 2

Response: Tnese changes have been included in the document in Volume I and
in the errata for the Appendix volume of the VCRMP.

2. Comment: The VCRMP and DEIS adequately cover ndtional defense as an important
consideration in the national interest on pages IV.-4 through IV-6 and in Appendix

Response: No response necessary.

3. Comment: The VCRMP and DEIS'does not specifically mention the intergovern-
mental coordination process formerly under OM6 Circular A-95, and now carried
under Executive Order 12372. Under E.O. 12372, Section 2(a) we are requi red to
use the state comment process through the state sinjle point of contact for
consistency notification and other coordination actions. The VCRMP indicates
that while the Council on the Environment prefers notification of federal agency
actions through the NEPA process, other federal processes will serve for notifica-
tion. We take this to mean that the state coordination process as required under
E.O. 12372 will be acceptable for filing consistency determinations. Thus, Air
Force activities in the Virginia coastal zone will use the E.O. 12372 process for
filing determinations. We suggest that a statement be inserted on page X-2, last
paragraph to clarify the state's intention to use the E.O. 12372 process for
coordination.

Response: Any Air Force action potentially affecting Viryinia's coastal
area wiTT -require consistency determinations by the Air Force. All Air Force
consistency determinations must be submitted to the Council on the Environment
fo@ its review, except for those Air Force actions that now receive State
review'throuyh the State's clearinghouse review process.. The Virginia Depart-
ment of Housing and Community Development is the single point of contact under
Executive Order 12372. During initial stages of prograin implementation the
Council on the Environment will develop an administrative procedure for
facilitatin.j the transfer of information to the Council from the Department of
Housing and Community Development.

4. Comment: Page X-2, paragraph three states that where "...a consistency
deter@i'Tdnation is not required-the federal agency shall provide the Council on
the Environment with a notification ... briefly setting forth the reasons for its
negative detenTii nation." The Air Force currently participates in 16 state coastal
management programs in eastern United States and we have not been required to
furnish a negative declaration on a pos0ble consistency determination by any of
these states. Joe Uravitch of OCRM confirmed that negative declarations would
not be required on actions where the Air Force determines that there will be no
impact on the coastal zone.

Response: The following has been added to the text:

"Notification that a consistency determination is not required
must be given only in the limited situations detailed in 15 CFR 930.35(d).
Notification of this negative determination must be given only for:

(1) d Federal activity identified by a State agency on its list
or through case-by-case monitoring;

FEDERAL AGENCY - Page 3

(2) a Federal activity Which is tMe same as or similar to activities
for wnicn consistency determinations have been prepared in the
past; or

(3) Federal activities for which the Federal agency undertook a
thorougn consistency assessment and developed initial findings
on the effects of the activity on the coastal zone.

Therefore, in many circumstances, a notice of negative determination is not
required.

OEPARTMENT OF THE ARMY, Office of the Chief of EnWneers, Army Environmental
Office, Thomas H. Magness III, Chief, Octoo-er 7, 1986.

1. Comment: Under the proposed VCRMP, the Army, as a Federal agency, will be
directly responsible for determining whether its activities directly affect
the coastal zone and whether those activities'are consistent to the maximum
extent practicaDle with the pro@ram. The poposed process of submitting a
Hconsistency determination" to the state will lengthen an already costly
dnd time consuming process established under the CZMA and could possibly de-
lay nationdl defense activities at Army installations in Virginia Without
providinj additional protection to coastal -esources.

Response: The CZMA requires consisten:y determinations.for Federal agency
activities di ectly dffecting the coastal zone. Virginia is determined to work
with Federal agencies to avoid unnecessary Jelays in implementing this procedure.
In cases where a Federal.ayency will be performing repeated activities, other
tridn development projects which cumulatively have a direct effect. upon the coastal
zone, the agency may develop a @eneral consistency determination in cooperation
with the State, thereoy avoiding the necessity of issuing separate consistency
decermindLions for each incremental action. 15 CFR 930.37.

The State also has the option of workiiy with the Federal agency to develop
a Memorandum of Understanding detailing now the consistency procedure will work
vis-a-vis the activities of that particular agency.

2. Comment: The proposed program requires the submission of all applicable NEPA
documents for the Council's review of the &4ency's consistency (letermi nation.
Will the Council now require submission of environmental documentation such as
Records of Environmentdl Consideration and E.nvironmental Assessments for proposed
actions with no si-jnificant environmental iflpdCt or actions that are categorically
excluded?

Response: In the review of consistenc.,t determinations, the Council on the
Environment may require the submission of Environmental Assessments, Draft ,
Environmental Impact Statements and any related supplements. In the case of
projects where a Record of Environmental Consideration is prepared instead of an
Environmental Assessment the Corps may be roquired to submit such records.

3. Comment: Under the proposed Coastal Primary Sand Dune Guidelines, activities
in primary sand dunes will now require prior authorization, through the exist-
ing joint permit application process presently used for obtaining authorization

FEOERAL AGENCIES - PAUE 4

of activities in tidal zone, wetlands or navigable waters. Will this new re-
quirement be retroactive and applicable to previously proposed activities in
primary sand dunes that have already undergone review in accordance with NEPA?

Res onse: Adoption of the VCRMP by the Commonwealth and subsequent approval
by the government will not require new permits under any existing statutes
for those activities already permitted and/or reviewed. However, a consistency
determination will be required for ongoing Federal activities, other than
development projects, under which the Federal agency retains discretion to reassess
and modi-fy the activity. 15 CFR 93U.36(a).

4. Comment: Under the proposed VCRMP the local community would acquire permitting
authorl-Eyover activities affecting coastal resources. A sin@ie contact should
be established at the state level for federal agencies rather than imposing
coordination,witn local committees. A single centralized permitting authority
established at the state level would enable Federal activities to standardize
their approach to coordinating with the Commonwealth and would ensure uniform
evaluations devoid of influence from the local political climate.

Response: The Council on the Environment is the State agency responsible
for reviewing all Federal consistency certifications and determinations. No
new state laws or regulations are being created as a part of the proyram.
Except for the Federal consistency review prucess conducted by the Council,
there will be no change in the ex-isting working relationships among the Federal,
state and local governments.

U.S. COAST GUARU, Fifth District Uffice', Marvin H-barnes, Jr. October 2, 1985.

Comment: Volume 1, paragraph 2 on page X-1 and,paragraph I on page'173 state
that the Virginia Council on the Environment will determine whether a Federal
activit the manag .ement program.
.Y as proposed will be consistent or inconsiTtent with
In accordance with 16 CFR 930.34(a), however, federal agencies are responsible for
determining whether an activity will affect the coastal zone and whether those
activities are consistent with the state's approved program.

Response: The text has been revised to'reflect these comments. The Federal
a,jency is the entity that makes the "consistency determination". The Council
will review these consistency determinations to ensure that the proposed activity
is consistent with the VCRMP. If the Council and a Federal agency cannot come to an
agreement that the proposed activity is consistent with the VCRMP to the maximum
extent practicable, the parties may request mediation by the Secretary of Commerce.

U.S. COAST GUARU, Planning and Evaluation Staff, Captain J.,G. Schmidtman,
October 4, 198.1, and March 24, 1986.

1. Comment: Since the Underwater Historic Property statute is to be
a part of -the VCRMP, it is recommended that the following language be included:
"Nothing in Section 1U-Z62 of the Virginia Code may be construed to divest
the United States of any property interest in submerged property owned by the
United States, nor may it restrict the right of the United States to engage in
salvage of any such property".

FEDERAL AGENCIES - Page 5

Response: At a meeting held on Jan uary 24, 1986, the Office of Ocean and-
Coastal Resource Mana@ement , the United States Coast Guard and the United
States Navy discussed this issue. This meeting was fol lowed-up with letters
a@d f urt her ne@ot i at ions .Ultimately, it qas agreed that Page V-17, Paragraph
n.(2) of the DEIS would be revised as foll)ws: (the new text is underlined.)

" The Virginia Marine Resources Commi3sion (MRC) has specific
statutory authority over the takin@j of underwater historic property
(qb2.1-3 and �10-262 in Appendix III-?), as limited by the Supremacy
Clause of the U.S. Constitution, and qhen the Federal government has
affirmatively disclaimed title to the p operty. Underwater historic
property is defined as any submerged !;hipwreck, vessel, caryo, tackle or
refuse sites or submerged sites of fo-mer habitation, that has remained
unclaimed on the state-owned subaqueous bottom and has historic
value as determined by the Virginia HIstoric Landmarks Commission."

U.S. DEPARTMENT OF THE INTERfOR, Mid-Atlan,:ic Region, Anita J. Mill-er,
October 11, 1985.

1. Comment: The proyram is in consonanco with the objectives of the Minerals
Management Service (MMS) mission and the a@:tivities of that Services's Atlantic
UCS Region.

Response: Thank you fur your review and comments.

2. Comment: The following revision of Chapter X, part C. (pages X-4 and X-5)
is recommenTed. Presumably, the term "UCS Plans" excludes OCS lease sales in
accordance with the Supreme Court's 1984 decision (Secretary of the Interior et
al. v. California et al.) and recent NUAA regulations715CFR 923 and 30). The
language in tne Progr document does not explicitly state this distinction, however.
For the purposes of clarification and to avoid confusion, such a distinction should
be included in the document.

Response: You are correct. The document has been revised on page X-4.

3. Comment: Volume I, page X-5, first,piiragraph, line 13, states that, in the
event 7 a State objection to the consistericy certification of an exploration
plan, the Federal Agency "may not approve the plan or issue any license or permit.."
In conformance with re-julations found at 30 CFR 250.34-1 (e)(2), the Director of
MMS must take action (i.e., approval, modification, or disapproval) on a proposed
exploration plan which enclosed consistency certifications, within 30 days of
submission. The State review period for eyploration plans and relalt_@ @applications
is 90 days. As a result, it is possible fcr a State to object to an Atlantic
lessee's exploration plan consistency certification after the plan itself has
received approval. However, in accordance with requT5`tions found at 30 CFR 250.34-1(1),
no license or permit (e.g., permit to drill) shall be issued until such time that
Stites-with approved coastal zone managemert programs have "concurred" or have
been conclusively presumed to concur, with the lessee's (i.e., applicant.'s) coastal
zone consistency certification accompanyin@ an exploration plan. According to
re@ulations found at 25U.34-1(9), in the case of an objection, the "approved"
plan shall be returned to the lessee for mcdification to accommodate the State's

FEOERAL AGENCIES - Pd@e 6

objection. Alternative] y, tne oDjection can be appealed to the Secretary of
Commerce pursuant to the procedures described i n Section 307 of the CZMA and the
impiemenLinj rejulations. In no case will a permit or license be granted until
r-ne Secretary of Commerce has taken action on the consistency objection.

Response: The document has been revised on page X-6.

4. Comment: The list of Federal activities involving Federal assistance to State
and locaF -,jovernments (Chapter X) and subject to consistency review under the
VCRMP, should reference title-and source. Two such programs administered by the
National Park Service are the Land and Water Conservation Fund and the National
Historic Preservation Fund. (*The letter contained a description of the two
projrams and responsible officials.)

Response: The two programs have been added to the list.

6. Comment: Two additional programs for consideration under Chapter VI,
Shorefront Access Planning and Protection, are the National Trails System and the
National Wild and Scenic Rivers System. (The letter contained a description of
the systems and responsible officials.)

Response: The State is aware of these programs and considers them. in its
plannin@j and mana@jement processes.

6.. Comment: Although they have not identified any significant fish and wildlife
issues at this time, they intend to provide additional comments by early November.

Response: The Oepartment of the Interior submitted further comments dated
November 14, 1986, after the close of the extended comment period which are
summarized below and addressed in this FEIS.

7. Comment: With the exception of revisions to Chapter X to address the OCS
issues discussed above, the U.S. Department of the Interior notes no significant
conflicts of the proposed VCRMP'with Uepartment of the Interior programs, and
finds that the draft environmental impact statement adequately addresses their
concerns.

Response: ThanK you for your review and comments.

U.S. UEPARTMENT OF THE INTERIOR, Anita J. Miller, Regional Environmental officer,
,Mid-Atlantic Region, November 14, 198b.

1. Comment: The U.S. Fis.h and Wil.dlife Service's responsibilities and operations,
as mandated by Congress, will remain unchanged by implementation of the Commonwealth's
program. (Note: additional information concerning the FWS's responsioi I i ties was
also provided.)

Response: We agree. Of course, FWS, as well as all Federal agencies, are
required to comply with the consistency provisions of the CLMA.

Z. Comment: The State legislature recently granted an exemption from the Coastal
Primary Sand Uune Protection Act after permit applications for the activity had
been denied by botn the Local Wetlands Board and the VMRC. In the event this

FEOERAL AGENCIE@ - PAGE 7

Decomes a frequent occurrence, it Would i)e difficult to maintain an effective
coastal resources management prograin.

Response: If events such as this become a frequent occurrence, and the
VirgirTia -Council on the Environment finds that Such actions are inconsistent
with the Virginia Coastal Resources Program, the Council will work with the
Legislature to resolve the issue. if actions occur in t 'he Commonwealth that
are not consistent with the Coastal Resources Program, the Office of Ocean
and Coastal Resource Management will review such activities during continual
,monitoring and formal �312 Evaluation of the program and determine the program's
continued eligibility for Federal approval and program implementation funds.

3. Comment: Some permits are currently being issued without compensation for the
aquatic habitat oeing lost. The decline of-the resources in the Chesapeake Bay is
the result of many cumulative actions that are incompletely mitigated.

Response: As a result of the Virginia Wetlands Act, the loss of wetlands
has been alino t total ly eliminated. Some loss, however, occurs in any regulatory
system that must Dalance both protection of wetlands and accommodation of growth
and development.

4. Comment: In addition to vegetated and non-vegetated tidal wetlands protection,
non-tidal wetlands should be protected . Tnese areas serve important ecological
functions suoi as flood, control, water quality improvement, food chain support
and nutrient cycling and additi.onally serve socio-economic functions involving
consumptive and non-consumptive uses. The jrugram should also address the concepts
of mitigation and compensation for unavoidaj)le habitat losses.

Response: We agree that non-tidal*wetlands are important. However, the State
currently has no program that addresses non-tidal wetlands. Such a program is not
required by the Coastal Zone Manajement Act, as amended. However, the Council is
examinin@j the State's wetlands with a view toward developing policy recommendations
for their protection.

5. Comment: Since agricultural operation; have t4he potential for significant
co-ntr@i @uti5Tn to erosion, sedimentation and 14ater degradation, it would be'
appropriate to establish some type of contr)l over such operations. The institution
of best Management Practices fur agriculturil activities would aid in reducing
adverse environmental impacts.

Response: The State has an extensive program to assist farmers in the
voluntary implementation of BMWs.

Note: A number of editorial comments v(ere ilso submitted. These were all
incorporated into the FEIS..

U.S. ENVIRONMENTAL PROTECTION AGENCY, Regiol-III - Philadelphia, PA, Richard V. Pepino,
Chief, NEPA Compliance Section, October 22, 198b.

1. Comment:
f-h-eDEIS is lacking in concise, descriptive information regarding Virginia's
oountiful coastal resources and does not del;ail the particular problems and pressures

FEDERAL AGENCIES - Paye-8

currently experienced in its coastal zone. For tnis reason, the Environmental
Protection Ajency.has rated the VCRMP/JEIS "EL-2" - Environmental Concerns
Insufficient Information per EPA's rating system.

EPA's definition of "EC-2" is: "EPA has identified environmental
impacts associated with the proposed action that should be corrected in order
to fully protect the environment. The draft EIS does not contain sufficient
information to fully assess environmental impacts that should De avoided in order
to fully protect the environment, or the reviewer has identified new reasonably
available alternatives that are Within the spectrum of alternatives analyzed in
the draft EIS Which could reduce such environmental impacts of the action. The
inadequate information, data, analyses, or discussion Should be included in the
final EIS."

Response: By their nature, the CZMA and the VCRMP both protect and manage the
Virginia's coastal resources. The impacts associated with Federal approval of the
Virginia Coastal Resources Management Program are limited due to the fact that the
program was developed to enhance @overnance of Commonwealth coastal land and water
uses according to the coastal policies and standards contained in existing statutes,
authorities and rules.

The FEIS includes a comprehensive description of Virginia's coastal resources-
in Part IV of this document. This has been expanded slightly in response to EPA's
comments. . An attempt was inade to provide reviewers with a concise description of
Virginia's COaStdl resources. These descriptions include summaries of the following:
1. Geography, 2. Groundwater Geology, 3. Topography, 4. Soils, 5. Climate, 6.
Vegetation; 7. Wildlife,.8. Population Distribution, 9. Commercial and Industrial
Development, IU. Transportation, 11. Ayricultu.re, 12. Forestry, 13. Historic
Sites, 14. Bluffs, lb. Dune Systems and beaches, 16. Fiaal Wetlands, 17. Nearshore
Shallows, 16. Barrier Islands, 19. Water Resources, including uses and quality,
and a summary concerning major river basins and their problems.

Without comments concerning specific deficiencies in the program document, it is
not possible for the document to be revised. Relative to concerns 'about the program
not addressing the particular problems@ and pressures current'ly experienced in its
coastal zone, please refer to Chapter III, which explains the eight core regulatory
pro-jrams Which address the major uses and activities in and affecting Virginia's
coastal area. The Council on the Environment has determined that these regulatory
programs address the particular problems and pressures experienced in the coastal
zone. These programs include fisheries management, subaqueous lands management,
wetlands management, dunes management, nonpoint source pollution control, point
source water pollution control, shoreline sanitation, and finally, air pollution
control.

2. Comment: It is unclear whether Virginia wishes to adopt the responsibility
of complying With the entire Coastal Lone Management Act (CZMA) program factors
or is limiting its plan solely to resource management. This-distinction appears
to be important in clearly defining the scope of the VCRMP as it relates to the
CZMA. A more precise regulatory reference through which the Commonwealth intends
to receive its funding should be provided.

Response: The responsibility of the Office of Ocean and Coastal Resource
Management is to determine if the VCRMP addresses all aspects of the Coastal Zone

FIEULkAL A6ENCIES Page 9

Management Act, as amended. We Delleve it ao.es so. The FaDle, "Cross Reference
to Program Requirements on pa@es W and 11 of the Program Document hijnlignts
which chapters of the document address all specific requirements and sections
of the GZMA and its implementing regulatiois.

3. Comment: It Will De difficult for Virjinia to solve its coastal resource
problems When over twenty different State agencies are relied upon to efficiently
run the prograin. Tne Virginia plan relies upon oversignt capaoilities of tne
Virginia Council on the Environment to assijre sound implementation. The EPA
believes tnat the Virginia Council on the -nvironment is a good and logical cnoice
for this role. Its successes will be gove,ned by resource and funding levels and
the autnority the L;uuncil will be provided,

Response: The Commonwealth of Virgin-a maintains that its management of
the CoasTa7-Resources Management Program w-11 be adequate. Indeed the function
of the Council as lead agency for the VCRMP is to provide for the first time a
coordination function for these numerous sl *ate agencies responsible for different
aspects of coastal management of the VCRMP, both day-to-day oversight of the
VCRMP operations by OCRIA's Coastal Program!; Division and the Federal evaluations
under Section 312 of the Coastal Zone Management Act will examine the Commonwealth's
Coastal Resources Management Program and determine whether the Council's oversight
is adequate and whether Commonwealth resource and funding levels and authority
are adequate for continued appruvaDility.

4. Cominent: An improved environmental gan could be fasnioned from a better
designed coastal program which detailed sp@!cific coastal policy and use guide-
lines which would better manage those land@,, wetlands, point and non-point source
pollution, shoreline sanitation, dunes and air quality. An enforceable State
coastal policy would mutually Denefituotn the enhancement of coastal resources
and-the environmental quality qf the coasti-I zone.

Response: The VCRMP has a core of eijrt regulatory pro@rams through wnich
critical land and water uses and activitie5 are subject to the control of the
Commonwealth. The eight areas, fisheries wanagement, subaqueous lands manage-
ment, wetlands management, dunes management, nonpoint source pollution control,
point source water pollution control, ShorEline sanitation, and air pollution
conLrol, included in Chapter III, are the uses and activities covered by the,
Virginia Coastal Resources Management Program. The leyal and institutional means
(programs and authorities) by which they are controlled are also included in
the VCR*MP. All Commonwealth statutes and all agency regulations adopted pursuant
to the statutes and all applicable Federal laws which apply to the operation of
these core regulatory programs have been incorporated into the VCRMP. The Common-
wealth Attorney General's office has revie@Ned the proposed VCRMP and certified
the enforceability of each of the eight core regulatory programs (see Appendix III-1).

b. Comment: Direct Commonwealth review of actions subject to compliance with
an enforceable coastal resource management program could also assist in the
development of pollution abatement strategies which are needed along Virgina's
developed waterfront areas and coastal industrial zones. For example, living
marine resources and ecological systems in these areas could be guaranteed an
improved environment through a CRMP-based toxics control strategy using CZMA
funds to set up an interdisciplinary task force. This task force could inten-

FEDERAL AGENCIES - Page IU

sively study Viryina's most seriously de@radecl coastal areas and make
recommendat ions for their improvement and future use. Although this method
utilizes the "networking" concept already apparent in the CRMP, it effects a
greater amount of focus on pruper coastal resource management than the generic
ciesiyn contained in the DEIS.

Response: Under the Virginia Coastal Resources Management Program, the.
Achiiinistrator of the Council on the Environment, as program manager, is charged
With monitoring State agency actions for consistency with the VCRMP. The
Executive Order provides a mechanism for resolving possible conflicts. Further,
the Commonwealth is involved in a multi-faceted approach to the toxics problem
that is comprehensive and hiyhly-coordinated. Thi-s program is housed'in the State
Water Contrul Board, an agency networked into the VCRMP. Regarding the use of
CZMA funding for toxics or other projectsi it is the position of the Administration
that sufficient funds already exist at the state level to implement approved CZM
programs.

6. Comment: The Council on the Environment must adequately monitor the myriad
of coastal7state activities that undoubtedly occur and track those that are slated
for funding. The Council's methods of monitoring, including the biennial review,
the selective review of periodic reports, agency meeting agendas, newsletters,
the media, and comments from interested parties, should be bolstered. Otherwise,
the Council may be less than well informed, and may find itself ill-prepared to act
as lead agency. The Council and the VCRMP would benefit from a more integrated
and solid approach which should include an efficient tracking system dnd a firmly
anchored management program that outlines the Council's clear input i.nto the
decisions of State entities affecting the coastal zone.

Response: The Council on the Environment has expanded its definition of
program monitoring to include notices of applications for state environmental
permits. Individual arrangements for receiving such information will be inade
by the Council on the Environment with appropriate state agencies during the first
year of program implementation. OCRM program staff will provide technical
assistance to the Commonwealth on this effort. The first formal Evaluation of the
Virginia Coastal Resources Management Program, to be conducted under Section 312 of
the Coastal Zone Management'Act, as amended, will review the effectiveness of the
Commonwealth's methods of monitoring and determine whether the Council 's tracking
system is sufficient. The evaluation also will review decisions made by the various
Commonwealth entities affecting the coastal zone to determine whether the agencies
are adhering to the policies of the Virginia Coastal Resources Management Program.

7. Comment: Every Geographic Area of Particular Concern should be afforded the
same detaiTed descriptions in the Virginia Coastal Resources Management Program
as was the "Spawning Nursery and Feeding Grounds" natural resource GAVC. The
quality geographic accounts given this APC helped provide the reader a u.seful
illustration to envision Vir@jinia's special coastal resources.

. Response: Each of the Areas of Particular Concern are described generally
in the Uescription of the Environment on pages 139 through 168 of the Virginia
Coastal Resources Management Program, and specifically either in Chapter V,
"Geographic Areas of Particular Concern", Such as for "barrier islands", or by
reference to other State documents such as the State Comprehensive Outdoor
Recreation Plan, or are detailed in Other sections of the program (jocument

FEDERAL AGENCIES - Page 11

sucn as @hapter VI - 6norefront Access and Chapter VIII - Shoreline Erosion
lliti@aLion. We nave attempted to reduce redundancy in Such areas where there
are overlays 6etween special CZHA reyulations and and GAPC's the State chose to
include in the VCRMP. The text of State aL,thorities protecting each of these
Areas of Particular Concern are included ir the Appendices for the Program. The
laws @overning each of these. areas also provides a further description of the
resources.

8. Comment: A more centralized management system should be incorporated
into the VCRMP to significantly ii-nprove the recognition of priorities of
uses in the APC. For instance, advanced icentification of potential con-
flicts of use could be included in the formation and discussion of special
areas. By providing a framework for actior, anticipated conflicts could be
resolved before they arose and/or became urwieldy.

Response: The Governor's Executive Jrder incorporated into the Virginia
Coastal Re-sources Management Program directs the State agencies to act in
accordance with the VCRMP and designated a centralized management body through
designation of the Council on the Environment as the VGRMP lead agency.
dut,- except where established in law, the priorities of use contained in the
VCRMP are advisory in nature. However, they will oe considered as policies
of the VCRMPby State a@encies, boards and commissions and the local wetlands
boards as they carry out APC related regulatory responsibilities. Further,
should the State identify areas of especially critical value, it has the
option to pursue more detailed management strategies for advance identification
such as Special Area Management Plans as authorized by the CZMA.

9. Comment: The DEIS should more fully describe the Waterfront Development.
APL due to tremendous importance these special areas exact in Virginia. The
proper siting of waterfront dependent activities requires much greater con-
sideration than was given in the UEIS to ensure environmental compatibility.

Response: The Program has been expanded to clearly define Waterfront
Uevelopment Areas of Particular Concern, in:luding-examples of public benefit
to be derived froin designation as a Waterfront Development APC and a succinct
criteria for designation of this APC. It is an intent of the Virginia Coastal
Resources Management Program that development of these special areas will be
Carefully planned with full public involvemant in the planning and development
phases to-allow proper management of these areas of great ec,onomic and social
value to the Commonwealth and its people.

I U .Comment: The first paragraph on page I of EPA's comments follows:
"In light of other approved state management programs that we are aware
of and with regard to the intent of the CLKX, we suggest that the Virginia
GRMP establish a centralized coastal prograin Which operates on a more focused
level program to carry out coastal zone initiatives are more effective.
Nevertheless, Virginia has adopted a networ(ing approach that relies upon
the Virginia Council on the Environment to provide broad based leadership.
Given this approach, EPA strongly suggests -:hat the Council be given the
resources and authority necessary to actively pursue coastal zone initiatives.
Utherwise, federal monies may not effect an appreciable Change since the
program, made up entirely of existing programs, activities and offices that

FEDERAL AGENCIES - Page 12

are already established, would be unfocused and potentially ineffective".

Response: In the late 1970's the Commonwealth considerea a centralized
coastal program based on comprehensive coastal zone management legislation
for the Commonwealth. This proposal met with opposition throughout the
Commonwealth and failed to be passed by the Legislature. Therefore, when
Virginia elected to resume*program development in 1980, it chose to attempt
development of a network based program. Using the Governor's Executive Jrder
the Council on the Environment, as the lead agency, is prepared to use the
networking process for linking existing Commonwealth programs, agencies, and laws
into a system which the Coinmonwealth and OCRM believe will result in an
effective program to manage the Commonwealth's coastal resources.

"Networking" is a program technique provided in lb C.F.R. 923.43 of the CZMA
regulations. There are a number of effective "networked" state coastal zone
management programs throughout the country, including the States of Delaware,
Florida, Hawaii, Massachusetts, New York and Pennsylvania.

The Office of Ocean and Coastal Resource Management has been working with
the Council to develop their application for first year Federal program imple-
mentation funds set aside by the Congress to ensure that the adequate resources
are allocated for focus 'ed and effective first year program implementation.
Further, the OCRM will continually review Program activity and will formally
evaluate the VCRMP at least once every other year pursuant to Section 312 of
the Coa5tal Zone Management Act, as amended, to ensure contin'ued program
ef f ecti ven ess.

11. Comment: The Office of Ocean and Coastal Resource Management should
conduct a study of the approved state management programs that are currently
in effect. This study would review the management aspects and rate the
effectiveness of the programs on a 1) national level and-on a 2) regional/
Delmarva level. Using both reviews, OCRM should prepare a comprehensive
analysis of how the proposed VCRMP"compares to the overall picture and how it
specifically may enhance coastal resource management in the Delmarva/Chesapeake
area. This analysis would not only be of the broad program comparisons but
discuss in detail all of the singular methods by which coastal resource
management is successfully conducted. The results of this comparison would
be extremely useful to the Commonwealth of Virginia to inform them how the
proposed CRMP fits in with respect to the national picture and whether or not
it is comparable to its coastal neighbors. The strength of the comparison
model could prove useful durinj evaluations and during program implementation
changes.

Response: While this type of study might prove useful, the time necessary
to conduct such a study would delay VCRMP implementation and the benefits such
implementation would provide for Virginia and the Nation. However, as both a
management tool and an academic exercise the study proposed has merit and will
be considered by the OCRM when sufficient resources are available for such an
undertaking.

FEJERAL A6ENCIES - Page 13

U.S. UEPARTMENT OF HOUSING AND URBAN L)EVELJPMENT - REGION 111, Regional Environmental
Officer, Larry Levine, October 6, T78_@.

1. Comment: As set forth in the VCRMP, -.he Stat *e's intergovernmental review
agency will e the vehicle for consistency determinations. Grantees receiving HUD
Community oevelopment Block Grant funds aro not required to comply with E.O. 12372
requi rements unless they plan to use their COBG funds for the planning or con-
struction of water or sewer facilities. HUD does require compliance as applicable
with CZM consistency re4uirements as part of its environmental review process.
This will obviously require direct consultation with the Council on the Environment
in those instances where the intergovernmental review process is not required.

Response: The Council on the Environrient will work directly with HUD and
NOAA to determine tne types of projects that will be subject to the Federal
consistency process during program implementation.

Z. Comment: One aspect of the consistency review process which is of concern
is the project coverage, and what is meant by a physical development project.
Many projects and activities eligible under the CUBG program should nave no affect
on the coastal area. For 14EPA purpuses, mi,ny such projects nave been designated
categorically.excluded. A similar exclusion of activities may prove applicable
and workable in the case of coastal areas oith respect to consistency determi nations.

Response: Please refer to our respowe to your first comment.

J. Comment: The meaning of "alteration cr expansion of physical development
projects" co ld be more closely aefined in the program to take into account
situations where the project has, for all practical purposes, no affect by virtue
of the character of work to be done. One iipproacn to this could be the establishment
of thresholds for alterations and ex-pansior activities. The benefit of both recommen-
dations -we feel, could be a reduction in tr,e burden to both the community as well
as the State agency, while still being in @eepinq with the intent of the consistency
review.

Response: Please refer to our responses to the Army Corps of Engineers' first
and fourth comments.

FEDERAL EMERGENCY MANAGEMENT AGENCY - REGICN III, Natural and Technological
Hazards Division, Walter P. Pierson, Chief September 18, 1985.

Comment: The VCRMP appears to be a positive approach to sound coastal floodplain
management practices and corresponds with the National Flood Insurance Program
(NFIP). The National and Technological Ha2ards Division offers technical

Response: Thank you for your review and comments.

FEDERAL AUENCIES PAUE 14

U.S. DEPARTMENT OF COMMERCE, National Oceanic and.AtmospneriC Administration,
National marine Fisneries Service, William F. 6ordon, Assistant Administrator,
June 21, 198b dno Marcn 2U, 198b iiiemoranda.

March 20, 1986 memorandum

1. Comment: While the NMFS continues to believe that its rationale for not
including detailed fisheries laws and regulations in the Virginia Coastal
Resources Management Program is valid, they recognize that the state has the
ri@jnt to include these laws and regulations as a part of the VCRMP. The NMFS
does not believe that their objections should affect approval of the VCRMP.

Response: Thank you for your review and comments.

2. Comment: The NMFS pledges its best efforts to work with the Commonwealth
of Virginia to ensure that fisheries,manayement occurs in*d compliinentary and
cooperative manner. The NMFS wishes the Commonwealth every success in the
prudent dpplication of Federal coastal resource funds to nelp solve some of
the complex coastal ecological problems.

Response: Thank you for your review and comments.

June 21, 198b memorandum

1. Comment: The National Marine Fisheries Service (NMFS) takes exception to
the incorporation of Title 28 of the Laws of Virginia Relating to the Marine
Resources of the Commonwealth as part of the Virginia Coastal Resources Manage-
ment Program (VCRMP). In addition to providing certain statutory restrictions
on the harvest of fish and shellfish from the marine 'waters of the Commonwealth,
this also establishes a collegial body, the Marine.Resources Commission (MRC),
and vests that body with the authority to make Such regulations as it deems
necessary to promote the general welfare of the seafood industry and to promote
the seafood and marine resources of the State, including regulations as to the
taking of seafood. Moreover, @28.1-t)7 purports to reserve the privilege of
commercial fishing within the State to State residents.

Response: Title 28 of the Laws of Virginia Relating to the Marine Resources
of the Commonwealth was amended in-1983. The statute has been revised to allow
non-residents the same fishing rights afforded res.idents of the Commonwealth of
Virginia. Title 28, as amended, is included in the VCRMP. UCRM will review
future statutes for incorporation as they are developed. This will provide the
flexibility needed to coordinate Virginia's practices with fishery management
plans that may be developed.

Z. Comment: While the Goals and Policies.of the VCRMP, (pages I-I through
1-3) represent progressive and laudable objectives, the inclusion of detailed
laws and regulations concerning the harvest of marine resources is ill-advised.
NMFS expects that Virginia's laws and regulations will change about dS frequently
as those the NMFS promulgates for the exclusive economic zone adjacent to the
Virginia coastal zone. State-Federal relations have not been improved in
instances where the Secretary of Commerce has approved the incorporation of
fishery laws at the level of detail contained in the VCRMP. This level of

FEDERAL AGENCIES - Page 15

cletail increases the administrative burden on both State and Federal a@encies
wi tnout any curres pond i n@ resources management benef it. Inclusion of Such
cletai led rejulations in other state coastal management programs has actually
delayed the implementation of important conservation initiatives.

Response: See response above. The Virginia process provides the opportunity
for coordination of state and Federal fishery laws. The detailed nature of the
regulations provide predictaDility. Th? Federal agencies have the opportunity to
object to specific regulations, and Fedaral Fishery Management Plans need only
be consistent to the maximum extent pra,.ticable with the State program.

3. Comment: Virginials efforts to re;erve the privilege of fishing in her marine
waters to Virginia residents is unconstitutional. (See Douglas v. Seacoast
Products, 431 U.S. 26b (1977) and Tanyi(?r Sound Watermen's Asso iation v.
1287 (1 2 ider no circumstances should the Secretary
.@@s@, 541 F . Sup p 98
of Commerce approve the incorporation of Section 28.1-57 of the Virginia Code as
part of the VCRMP.

Response: As mentioned in our respoise to the first comment, this statute has
been amend o afford non-residents fishing rights identical to those of residents,
and this revi-sed statute has been incorpo^ated into the VCRMP.

DEPARTMENT UF THE NAVY, Naval Facilities Iinyineering, Command P. W. Drennon,
Assistant Cmdr. for Fac'ilities Planning aid Real Estate, Uctober 28, 198b.

.1. Comment: The Coastal Program and DE,*S reflect a significant amount
of intense planning and consideration of t@otn Federal and state perspectives
on coastal zone management. The. overal I product is we] I done and general I y
sensitive to issues of mutual concern. Ttie Navy does have specific recommenda-
tions, detailed below, which upon inclusion in'the state proyram,,will clarify
certain points and make future coordination easier.

Response: Thank you for your review and comments.

2. Comment: The terms "coastal zone" arid 4coastal area" are used inter-
changeably throughout the documents and pe rticularly on page X-2 concerning
federal activities. The exclusive use of "coastal zone" would preclude
future confusion concerning separation of the coastal zone from excluded
federal property, which in combination arE, often called the coastal area.

Response: The Commonwealth prefers to call the area within Tidewater
their coastal area rather than their coastal zone. An attempt has been made
to clearly identify this boundary throughcut the Virginia Coastal Resources
Management Program document. In the program, when the coastal area is referred
to as the coastal zone, it is within quotEs as a reference to either the Federal
regulations or the Coastal Zune Management Act, as amended.

Pursuant to �3U4(I) of the CLMA, excluded from the Virginia's Coastal Area
are those lands the use of which is by law subject solely to the discretion
of ur which is neld in trust by.the Federal government, its officers or agents.

FEDERAL AUENCIES - Page 16

SizaDle land areas are therefore excluded from Virginia's coastal area
and management by virtue of Federal ownership and/or jurisdiction. One of the
single largest users of land in Tidewater Virginia is the Federal government.
Maps and charts depicting federal lands have been developed with the cooperation
of federal agencies which hold land in Tidewater Virginia. The Federal holdings
lists and charts on pages 11-6 and 11-7 of the program document have been revised
and revisions to pages 16-22 of the appendices have been addressed in the errata
sheet for the appendices in an effort to keep the charts and lists comprehensive
and up-to-date.

3. Comment: The li-st of federal activities subject to consistency review given
on page X-7 and statements on negative determinations requirements given on
page X-2 do not clearly reflect the Coastal Lone Manajement Act and implementing
regulations. Navy activities, particularly new construction, expansion of existing
buidlings, and acquisition/release of property, will be closely reviewed by the
Navy for potential direct impacts on the coastal zone. Either a consistency
determinatio *n or d negative determination will L)e submitted to the Virginia
Council on t-he Environment for activities determined by Navy to nave the
potential for direct impacts on the coastal zone. No notification will be made
for activities determined by Navy to have no potential for direct impacts on the
coastal zone.

Response: Chapter X - Federal Consistency, has been revised to more
clearly address the requirements of tne Federal Coastal Z *one Management Act,
as amended and implementing regulations. We agree with your statement that
either a consistency determination or a.neyative determination must be submitted
to the Council on the Environment for activities determined by the Navy to have
the potential for direct impacts on the coastal zone. Although the Navy is not
required to submit not 'ification for activities determined by the Navy to have
no potential for direct impacts on the coastal zone, we anticipate that the Navy
will provide notification to the Council in cases where'there is a question as
to possible impacts and will allow the Council an opportunity to review such proposed
actions. Our experiences in other States has shown that close coordination. and
monitoring between the Navy and the Council during program implementation should
result in adequate review and consideration of proposed activities impacting t.ne
Virginia's coastal area, without placing an undue Durden on either party.

4. Comment:- On page X-3 - Federally Licensed and Permitted Activities, a six-
month state review period is referenced for consistency determinations associated
with permit applications. 15 CFR 930.b? clearly excludes Federal agencies
applying for Federal licenses or permits from requirements of 15 CFR 930,
Subpart U, which allows a six-month review period. Federal agency activities
requiring federal licenses or permits are subject to the Federal consistency
requirements of 15 CFR 930 Subpart C.' Thus, there will be a 45-day review period
fur Navy consistency determinations involving Federal permits.

Response: Federal agencies are excluded from the requirements of 16 CFR 930,
Subpart U. However, pursuant to lb CFR 93U Subpart C - �93U.41: the Council on
the Environment shall notify the Navy of its agreement or disagreement with a
consistency determination made by the Navy at the earliest practicable time. If
d final response has not been developed and issued within 45 days from receipt of

FE-OERAL A6ENCIES - Page.17

the Navy's consistency determ.ination, tne Council on tne Environment should at
that time inform the Navy of the status o- the matter and tne basis for further
delay. Tne Navy may presume the Council's agreement if the Council fails to.pro-
vide a response within 45 days from receipt of the Navy's notification.

A-jreement by the Council on the Environment shal I not be presumed by the
Navy in cases where the Council , within the 46 day review period, requests an
extension of the time tu review the matter. The Navy is required to approve
one request for an extension period of lb days or less. Further, final Navy
action may not be taKen sooner than 9U days from the issuance of tne consistency
determination to tne Counci I unless both the Navy and the Council agree to an
alternate period (see �930.34(o)). Chapter X of the Virginia Coastal Resources
Management Program has been revised to reflect this response to the Navy's
concerns.

b. Comment: The Navy recommended revisions to Appendix It - Federal Holdings.

Response: Each of these recommended revisions has been incorporated into tne
errata sheet for the Appendices to the Virginia Coastal Resources Management Program.

STATE and LUCAL AL-ENCIES Paje I

CITY OF HAMPTON, VIRGINIA, Thomas 0. SChrack, JCtODer 1, 1985 - Public
Hearing Comment. -

Comment: The Urban Waterfront Georyrdphic Area of Particular Concern
is jlossed over in the.program document. What does APC designation mean?
Criteria for designation should be identified as much in advance as possible.

Response: The pro@ram document has been revised to reflect an expanded
Waterfront Development Area of Particular Concern definition and description
(see pages V-23 and V-24). Designation of an urban waterfront as a GAPC will
al low tne use of Federal Coastal Zone Management funds in the development and
implementation of management plans for triese areas.

FAIRFAX CUUNTY, Uffice of Comprenensive 31anning, Sidney-R. Steele, Director,
S8pteillDer 13, 198b.

1. Comment: This document is well organized and thoroughly prepared. The
County concurs with the general findings and conclusions.

Response: Thank you for your revie,q and comments.

2. Comment: It is not fully clear at ';his stage how local governments 'will
participate in the implementation of the plan. Effective coordination between
tne State and local governments will be ',assential. It will be imperative for
the Virginia Council on the Environment ;o have adequate staffs and to.develop
working liaisons with county and city pe-sonnel. The use of regional coor-
dindting committees, composed of local, i,egional and state representatives
whicn meet on.a routine basis may be use-ul.

Response: Please see our response ;o the Northern Virginia Planning
District Commission's third and fourth comments.

3. Comment: The existing wetlands inventory, conducted by the Virginia
Institute of Marine Sciences in the 197U s, is outdated and, in some counties,
incomplete.' Although certain counties conduct their own inventories, not all
localities have the staff or resources to do so. Fhis effort should be d high
program implementation priority and shou'd be listed under "Impacts Associated
with Program Funding" on page 11U, Volume I of the DEIS.

Res onse: The Commonwealth considers this an important part of the Virginia
coast ces Management Program and will consider utilizin@j Federal funds
to update and complete the wetlands inventory.

4. Comment: Fairfax County looks furwitra to working with the State on program
implementdtion and urges speedy Federal i,pproval.

5. Response: Fhank you for your comments. It is anticipated tnat Federal
program approval will occur before September 3U, 1986.

STATE and LOCAL AGENCIES - Page 2

STArE OF MARYLAND, Department.of Natural Resources, Tidewater Administration,
Coastal Resources Division, Jacob N. Lima, Uirector, Septenl)er 19, 1985.

1. Comment: The Virginia Coastal Management Program ineets the requirements
for Federal program approval.

Response: No response necessary.

2. Comment: How will implementation of Virginia ''s Coastal Zone Management
Program be coordinated with the implementation of Virginia's Chesapeake Bay
Ini'tiatives developed in response to the recommendation-of the EPA Chesapeake
t3ay program?

Response: rne Council on the Environment is responsible for implementing
the VCRMP and coordinating implementation of the Chesapeake Bay Initiatives and
the State's involvement in all as.pects of the Chesapeake Bay Agreement of 1984.

3. Comment: The Maryland Coastal Zone Management Program staff looks forward
to w6-rkinq with the Commonwealth of Virginia on matters Of mutual coastal zone
management concern.

Response: No response necessary.

NURTHERN VIRGINIA PLANNINU DISTRICT COMMISSIUN, Vance Myers, Citizen Representa-
tive on behalf of Chairman Patricia Ticer) September 3U, 1985 - Fairfax Public
Hearing.

NURTHERN VIRUINIA PLANNING DISTRICT COMMISSIUN, John W. Epling, Executive
Ti-rector, September 3U, 1965.

1. Comment : The Commission endorses the proposed program and urges its
prompt approval by NUAA. In adopting resolution number 86-9 at its meeting
of September 26, 198!:), the Commission affirmed the need for a comprehensive
and coordinated program to ensure the protection, preservation, and orderly
development of the Commonwealth's valuable coastal resources.

Response: Thank you for your review and comments.

2.* Comment: The Commission finds the draft environmental impact statement to
conform to requirements of the Federal Coastal Lone Management Act of 1972 arid
Federal regulations issued pursuant to the act as well as the National Environ-
mental Policy Act of 1969. The state's proposed program appears to be a good
faith effort to meet the requirements for state participation in the Federal
Coastal Zone Management Program.

Response: No response necessary.

3. Comment: There is a need for the state to more fully appreciate the need
for continuous and reliable coinmunications with local jovernments on matters
related to implementation. This coordinative function, Which Planning District
Commissiu'ns would appear well positioned to facilitate, would go a lonj way

Addend=: Part B, p.22

ART11-LE 9.
Dredging or Scraping.
C,
� 28.1-128. Where lawful to issue permits to dredge; carrying dredge
or dredging equipment on boat.- It @hall be unlawful forany person at any
time to take and catch ovsters with dredges and scrapes from any public rocks,
beds, or shoals in this State. Provided, however. that the Commission mav
authorize the use of dredges u on John.;on*s Rock, Thoroughfare Rock, Fox's
Island Rock, John's Rock, KlonTike Rock Onancock Rock, Crammy Hack Rock,
and California Rock, during the months of March and April, nineteen hundred
seventy-eight.
It shall be unlawful for any person to have on board a boat a dredge or
equipment normally used for dredging, unless he has a permit to dredge, or a
license to dredge, and has said license or permit available for inspection on
board of said boat.
It shall be unlawful for any dredge or e ny equipment to be used in dredging,
approved by license or permit, to be carried or transported on board a boat of
the licensee or permittee, or his employee, except when actually in use, or going
to or coming from the grounds on which the dredging is permitted, or licensed
to take place or to and from one dock t) another dock for maintenance and
repairs to such boat and/or equipment. (1962, c. 406; 1964, c. 393; 1975, c. 167;
1977, c. 13; 1978, c. 85.)

Editor's note.-This section was amended f arlier reenacted, was repealed by Acts 1974, c.
by Acts 1973, c. 47i. The 1973 act, which was @6, effective March 22, 1974, and therefore
made effective July 1, 1974, and provided that r ever went into effect.
it should expire at midnight on that date unless

� 28.1-128.01. Use of hydraulic dredges prohibited. - It shall be
unlawful for any person at any time to tab e and catch hard-shell clams through
the use of hydraulic dredges provided, however, that the Marine Resources
Commission and the Virginia Institute of Marine Science may use hydraulic
dredges to take and catch hard-shell clams on an experimental basis. In no
event shall a permit to take and catch Aard-sbell clams through the use of
hydraulic dredges be issued to anv other persun. (1981, c. 138.)

Application of section to leases granted power restriction on the mode by which they
before enactment. - There was only mini- may exercise their right, but it does not affect
mal alteration of the leaseholders' rights under sibstantially the right to harvest the shellfish
the leases by enactment of this section, where or the exclusiveness of the right. Accordingly,
the leases granted an exclusive right to take this section is not unconstitutional as applied
clams from the leased grounds, but not a right V) such leaseholders. Working Waterman's
to use a hydraulic dredge in so doing. The A ss'n v. Seafood Harvesters, Inc., 227 Va. 101,
enactment of this section constitutes a police 3 L4 S.E.2d 159 (1984).

� 28.1-128.1. Fishing in Pocomoke Sound and Tangier Sound. - A.
Notwithstanding any other provisions of law, the Commission, in order to
protect and promote the oyster or clam fi!;hery in that area of the Pocomoke
Sound and Tangier Sound described herei -i, shall have authority to o en and
close such area, or any part thereof, for the taking of oysters or Nams or
prescribe the manner, method, size, and season of oyster or clam catch
whenever it deems it advisable to do so. Such area is contained within the
boundaries of a line commencing at buoy'V,- on the Commonwealth of Virginia
and State of Marvland line, thence 114- true 2.17 miles to Long Point, thence
137- true 3.40 rn@les to beacon number -2" off Ebb Point, thence 208' true 2.15
miles to beacon number "T' off Halfrnoon Point. thence 216' true 1.78 miles to
beacon number "11" off Deep Creek. thence 285@ true 2.67 miles to beacon
number "1*'off Camp Island, thence 238* true 1.77 miles to beacon number "6"
off Beach Island, thence 155' true 2.75 miles to beacon number "T' off
Chesconessex Creek, thence 223'true 2.49:-niles to beacon number "I" off Ware
Point, thence 275@ true 3.13 miles to bell buoy number R "2," thence 276' true
7.08 miles to can buoy number C "34," thence 049'true 3.09 miles to can buoy
number C "l," thence 049' true 1.73 miles to Tangier Island Light House,

Addendun: Part B, p.21

ARTICLE 8.

Culling Oysters.

� 28.1-124. Culling oysters. - In addition to any other penalty prescribed
by law, any person charged with violating any regulation governing the
culling of oysters shall be required, by the officer making the charge, to
scatter the entire cargo of oysters on the public rocks under the supervision of
an inspector and at the expense of the person charged with the violation.
Provided that in lieu of throwing the cargo overboard the person charged with
the violation may post cash bond with the officer making the,charge in an
amount approximately equal to the value of the entire load as determined by
the officer making the charge. The refusal to either dump the oysters
overboard or post a cash. bond shall constitute a distinct and separate offense
from any other violation. A person who has posted a cash bond who is
acquitted shall be refunded the cash bond; if found guilty the cash bond shall
be forfeited and deposited to the credit of the Special Oyster Replenishment
Fund.
If a cash bond is posted by the person charged, the person charged shall
properly cull the entire cargo of oysters immediately after the inspector has
found them to be in violation of such regulation and before they can be sold,
planted or disposed of by the person charged or by any other person to prevent
the marketing of illegal oysters or shells or both.
The aforesaid requirement to 'scatter the entire cargo of oysters on the
public rocks shall only apply to a cargo of oysters taken by any catcher from
the public oyster grounds and shall not apply to oysters which have been
purchased by a buyer and in the buyer's possession.
It shall be unlawful to have more than one-half gallon of shucked oysters
kept on board a boat harvesting on the public -rocks. (Code 1950, � 28-141;
1960, c. 517; 1962, c. 406; 1964, c. 393; 1966, c. 684; 1968, c. 747; 1979, c. 606;
.1981, c..52; 1985, c. 125.)

The 1985 amendment rewrote this section.

� 28.1-126: Repealed by Acts 1985, c. 125.

� 28.1-127. Prima facie evidence of violation; defense. - It shall be
unlawful for a person to have any oysters or shells on the culling board, deck,
washboard or other receptacle above the hold of the boat or in the deckhouse
of the boat or any person oystering upon the natural rocks, beds or shoals
when the boat is not at anchor, or when the boat is off the public rocks or
when the boat is approaching a buy boat, or approaching a landing. The
attempt of any person to escape or to throw oysters or shells overboard into
the water other than in the ordinary process of culling, or to the culling board
or deck from the hold, upon the approach of the oyster inspector or police boat
shall be prima facie evidence of the violation of the Commission's culling
replations.
Yshall be unlawful for any person to offer for sale or have in his possession
oysters which have not been culled as required by the Commission's
regulations; if upon trial for such offense the accused person asserts Me claim
or defense that the unculled oysters were taken from private planting
grounds, the burden of proving such defense or fact shall be upon the accused
person. It shall be unlawful for any person who has in his possession
unshucked oysters, to resist or interfere with any inspector or other
authorized officer in the examination of oysters suspected of being unculled,
or to refuse to admit an inspector or other authorized officer to a boat or oyster
house for the purpose of such inspection. (Code 1950, � 28-146; 1962, c. 406;
1985, c. 125.)

The 1995 amendment substituted "the sion's regulations" for 1 28.1-124" and "the"
Commission's ".1111ing regulations" for for "said" preceding "unculled oysters were
1� 28.1-124 and/or 28.1-125" at the end of the taken" in the first sentence of the last para-
first paragraph and substituted "the Commis- graDh.

Addend=: Part 3, p.20

next preceding the time when he makes application for any privileges or
licenses granted to residents under this chapter; provided, no restriction as to
residence in this section shall prevent any person from obtaining license %vhen
required for buying fish or sh6llfish, or i1or the shucking of oysters; provided,
further, that in dredging or scraping private planting grounds on permission
of the Commission the restriction as to the residence in this section shall not
apply to the crew, master or owner of any boat engaged by the leaseholder to
dredge or scrape private planting groinds for oysters only. (Code 1950,
� 28-138; 1962, c. 406; 1983, c. 306.)

Editor's note. - This section was amended tuted "Commonwealth" for "State," substituted
by Acts 1973, c. 471. The 1973 act, which was -the Commonwealth" for "this State," and at
made effective July 1, 1974, and provided that trie end of the section substituted "apply to the
it should expire at midnight on that date unless crew, master or owner of any boat engaged by
earlier reenacted, was repealed by Acts 1974, c. tie leaseholder to dredge or scrape private
96, effective March 22, 1974, and therefore planting grounds for oysters only" for "prohibit
never went into effect. t -ie having of nonresidents as crew for any boat
The 1983 amendment substituted tsed in the fish or shellfish industry, if such
"Virginia" for "this State" in two places, substi- boat be owned wholly by a resident or residents
� 28.1-122. Nonresidents not to tak,@ or plant oysters, etc. - If any
person other than a resident of this State, as defined in this article, shall take
or catch fish or shellfish, in any of the waters of this State, or in any of the
waters under the Jurisdiction of this State, for market or profit, or if any person
other than a resident of this State or a corporation authorized by law to occupy
and hold oyster-planting grounds, rent aLr y oyster-planting grounds, or plant
shellfish in any of the waters of the State, or waters under the jurisdiction of
the State, he shall be guilty of a misdemeanor, and such rental, lease oi.
assignment shall be void. Where the penalty is incurred by reason of the
defendant being a nonresident. the burder. of proof as to his residence shall be
on him, provided this section shall not a:)ply to any oyster-planting ground
against which foreclosure proceedings have been instituted or title to which is
acquired by reason of the death of the le.,;see, and provided further that any
interest to title acquired under this provision shall not extend for a period of
more than twelve months from the time the title vests. (Code 1950, @ 28-139;
1962, c. 406.)

Constitutionality. - Acts 1874, c. 214 (sim- violates privileges and immunities clause.
ilar to this section), by which only such persons - To the extent that commercial crabbing in
as are not citizens of Virginia are prohibited Vi -ginia waters by nonresidents is proscribed
from planting oysters in the soil covered by her by this section, it is repugnant to the privileges
tidewaters, is neither a regulation of commerce an i immunities clause of the federal Constitu-
nor a violation of any privilege or immunity of tion and must fall. Tangier Sound Watermen's
interstate citizenship. McCready v. Virginia, 94 As;oc. v. Douglas, 541 F. Supp. 1287 (E.D. Va.
U.S. 391, 24 L Ed. 248 (1876). 1932)@
Application to nonresident crabbers

� 28.1-123. Citizens not to be intereAed with nonresident. - If any
citizen of Virginia shall for market or prefit be concerned or interested with
any person not a resident thereof in taking or catching shellfish in any of the
waters of the Commonwealth, or in wa-@ers under the jurisdiction of the
Commonwealth, or in planting oysters or other shellfish therein, or shall
knowingly permit any person, not a residey t of Virginia, to engage in any such
business in his name for market or profit, Ye shall be guilty of a misdemeanor;
but the restrictions as to residence in this @iection shall not prevent a resident
from owning stock in a corporation in which nonresidents are stockholders, if
such corporation is authorized by law to occupy oyster-planting grounds. (Code
1950, � 28-140; 1962, c. 406; 1983, c. 307.)

The 1983 amendment substituted Viyginia waters by nonresidents is proscribed
"Virginia" for "this State" in two places, deleted by his section, it is repugnant td@ the privilegeii
"fish or" following "taking or catching," and anc immunities clause of the federal Constitu-
substituted "the Commonwealth" for "this tioit and must fall. Tangier Sound Watermen'E
State" in two places. AsEoc. v. Douglas, 541 F. Supp. 1287 tE.D. Va.
Application to nonresident crabbers 19E 2).
violates privileges and immunities clause.
To the extent that commercial crabbing in

Addendun: Part B, p.19

(3) Fee for taking clarns. - License fee for taking clams shall be as follows:
(a) For each person taking or catching clams by hand or with ordinary tongs,
Fifteen dollars.
(b) For -each person taking or catching clams with patent tongs, thirty-five
dollars.
The license for taking clams by tongs, ordinary or patent, shall entitle the
holder thereof to take only clams from the public bottoms in the waters of the
Commonwealth but not from public oyster rocks, beds and shoals or from
leased oyster ground, and is not to be construed, in anywise, to permit or
authorize the taking of oysters at any time.
(4) Possessing oysters while taking clams. - If any person shall have in his
possession any oysters while taking or catching clams or scallops under the
preceding subsection during the season in which it is unlawful to take or catch
oysters from the natural rocks, beds or shoals, he shall be facie guilty
of violating the law* of taking or catching of oysters the= during the
prohibited season.,
(5) Taking clams in certain areas. - It shall be unlawful to take or catch
clams at any time, or by any means, in Pocomoke Sound above a line drawn
from Drum Bay Point, in the county of Accomack, and running a
north-northwest course to the line between the states of Maryland and
Vir inia, except upon such grounds in those waters as may be set aside for
pubTic clamming or scalloping purposes by the Marine Resources Commission.
(6) Restriction on size of clams. - It shall be unlawful for any person to
harvest or ship any clams smaller- in size than the legal size fixed by the
Commission.
(7) Exhibition of license. - Any person engaged in taking oysters or clams
from public grounds shall have such license available for inspection and shall
exhibit it whenever requested by an inspector. Failure to exhibit the license
upon demand of any inspector shall be a misdemeanor and prima facie evidence
that such person is working without a license; provided, however, that if such
person exhibit a license issued prior to the time of his arrest to the inspector
before the date of trial, the inspector shall request the court to dismiss the
charge.
(8) Oysters and clams for household use exempted. -This section shall- not
apply to the taking or catchina of oysters or clams for immediate household use
but not for planting or for safe, provided that no one may take more than one
bushel of oysters or two hundred fifty clams in any one day without having a
license.
(9) Violation ofsection. -Any person violating the provisions of this section
shall be guilty of a misdemeanor. (Code 1950, � 28-137; 1960, c. 517; 1962, c.
406; 1964, c. 393; 1966, c. 684; 1970, c. 726; 1979, c. 274.)

Editor's note. - This section was amended earlier reenacted, was repealed by Acts 1974, c.
by Acts 1973, c. 471. The 1973 act, which was 96, effective March 22, 1974, 'and therefore
made effective July 1, 1974, and provided that never went into effect.
it should expire at midnight on that date unless

� 28.1-120.1. Regulations for conservation of surf clams. - The Com-
mission is authorized and empowered to promulgate such regulations as it
deems necessary and appropriate to promote the conservation and wise use of
the surf-clam resource. (1973, c. 411.)

ARTICLE 7.
Nonresidents Generally.
� 28.1-121. Who deemed nonresident. - No person shall be deemed a
resident of Virginia within the meaning of this chapter who is not a taxpayer
in the Commonwealth, and shall not have maintained his residence therein for
one year and actually resided therein for the four months next preceding the
time when he makes application for any privileges or licenses granted to
residents under this chapter; or unless he be a bona fide purchaser of land in
Virvinia and has actually lived within the Cominon%k:ealth for the four months

Addendum: Part B, p.18

(F) Tax in lieu of other taxes on capii a]. The sum i m posed under and by
virtue of this section shall be in lieu cf all taxes for State purposes on the
capital actually employed in such busir,ess, The word "capital" shall include
monevs and credits actively used in carrying on the business, including goods,
wares and merchandise on hand, and all solvent bonds, demands, and claims
made and contracted in the business d iring the preceding year. Real estate
shall not be held to be capital, but shall i)e assessed and taxed as other specific
pro rt
Ee y.
) Other property listed and taxed. - All other property held by such
person, firm or corporation shall be listad and taxed as other property.
(H) Collection and disposition of lice,ise tax. - The sum required by this
section to be paid when the license is tak,m out shall be collected in the manner
that the amounts required to be paid for other licenses under the oyster laws
of the State are collected. (Code 1950, � 2 8-136; 1950, p. 976; 1954, c. 178; 1960,
c. 517; 1962, c. 406; 1968, c. 747; 1979, c. 274.)
� 28.1-119.1. License for purchase of oysters, clams, crabs, einfish or
eels; fee; display; monthly reports. - Any person, firm, or corporation,
purchasing from the catcher, oysters or clams caught from the public grounds
of the Commonwealth or the Potomac River, or crabs, finfish or eels caught
from the waters of the Commonwealth ot the Potomac River, shall: (1) for each
Flace of business, in the Commonwealth purchase a license therefor and the
,cense fee shall be fifty dollars; and (2) f:)r each boat or motor vehicle used for
buying in the Commonwealth shall purcliase a license therefor and the license
fee shall be twenty-five dollars.
The license plate issued by the Commi ision shall be affixed in a conspicuous
place on the place of business, boat or niotor vehicle.
Any person, firm or corporation purchasing oysters under the license speci-
fled herein shall file monthly reports as required by � 28.1-92. These reports
shall be filed with the Commission each month regardless of whether oysters
were purchased-that month or not.
Nothing in this section shall be co-istrued as applying -to any person
purchasing for personal consumption, any lace of business which is solely a
restaurant, or any person who operates a =iness which is subject to local
license taxes under � 58-266.1 of the C(de and who has in his possession no
more than one bushel of peeler crabs to be sold as bait.
All fees collected pursuant to this section shall be deposited to the credit of
the Virginia Marine Products Fund. (1970, c. 726; 1979, c. 274; 1980, c. 218;
1984, c. 316.)

Editor's note. - Section 58-266.1, referred f ions, effective January 1 , 1985, see
to in this section, is repealed effective January @� 58.1-3701 through 58.1-3706, 58.1-3711,
1, 1985, by Acts 1984, c. 675. For similar provi- f 8.1-3720, and 58.1-3732 through 58.1-3735.
This section was amended by Acts J973, c. )aragraph. sub@tituted "Tinese" for "Such" at
471. The 1973 act. which was made effective hL beginning of the secorld sentence of the
July 1. J974, and provided that it should expire hird paragraph. deleted "nor to" following
at midnight on that date unless earlier "purchasing for personal consumption" and
reenacted. was repealed by Acts 1974. c. 96. nserted "or an 'v person who nperates a business
effective March 22. 1974, and therefore never which is subject to local license taxes under
went into effect. i 58-266.1 of the Code and who has in his pos-
The 1984 amendment deleted "or tiession no more than one bushel of peeler crabs
transporting" following "used for buying" in to be sold as bait" in the fourth paragraph. The
clause (2) of the first paragraph, deleted "said" amendment also substituted -Commonwealth"
preceding "place of business" in the second for "State'* throughout the first paragraph.

� 28.1-120. Taking oysters or clams by hand or with tongs. - (1) Appli-
cation for license. - Any resident of this State who shall be duly qualified and
desires to take or catch oysters or clams fi om the waters of the Commonwealth,
not leased for planting purposes, by hand or with ordinary or patent tongs, or
any other instrument allowed by law other than a scrape or dredge, shall first
apply to an inspector for a license.
(2) License fees. - The license fee for taking oysters shall be as follows:
(a) For each person taking or catchirg oysters by hand or with ordinary
tongs, ten dollars.
(b) For each person taking or catching oysters with patent tongs, thirty-five
dollars.

AddendLun: Part B, p.17

said, and for the ground shall pa v an annual rental of seven dollars and fifty
cents per acre. Any such application. surveying, assigning and marking shah
conform to the law pertaining to oyster-planting grounds. Any license so
granted shall be for bathing grounds for public or commercial use only.
Should any lessee of bathing ground have his ground or any portion thereof
resurveyed or should he reasEign any or all of the ground. the resurvey or
reassignment shall not be construed to be a twenty-year renewal of his lease,
or as a new assignment of the ground. but shall be deemed to be a continuation
of the original assignment. subject to all the limitations and cunditions under
which the ground was originally assigned.
The lessee of any bathing ground, the rent of which is to be paid to the
followint September of any year, may abandon his holdings at any time
without eing liable for the payment of the rent for the following year, provided
he notifies the inspector, deputy inspector or the Commission in writing of his
intention so to do before September 1. This notice, when received by the inspec-
tor or deputy inspector, shall be immediately forwarded by the inspector or
deputy inspector to the office of the Commissioner. (Code 1950, � 28-187; 1960,
c. 517; 1962, c. 406; 1984, c. 100.)

Editor's note. - This section was amended paragraph; substituted "the resurvey" for "Such
by Acts 1973, c. 471. The 1973 act, which was resurvey" and substituted "the ground" for
made effective July 1, 1974, and provided that "such ground" following "assignment of' and
it should expire at midnight on that date unless following "under which" in the second para-
earlier reenacted, was repealed by Acts 1974, c. graph; substituted "Commission" for "Commis-
96, effective March 22, 1974, and therefore sion of Fisheries" and substituted "September
never went into effect. 1" for "September first" in the first sentence of
The 1984 amendment substituted "Commis- the third paragraph, and substituted "This" for
sion" for "inspector of the district in which the "Such" and substituted "the inspector" for
grounds lie" and substituted "the ground" for "such inspector" following "forwarded by" in
@such ground" in the first sentence of the first the second sentence of the third paragraph.

ARncLE 6.

License Taxes Generally for Taking, Processing and Buying Bivalves.
� 28.1-119. Tax on handliing bivalves. - (A) Tax graduated by amount of
oysters handled. - Every person, firm or corporation engaged in the business
of shucking or packing oysters in this State shall pay a license tax for the
privilege of transacting such business, to be graduated by the amount of oysters
shucked or packed by him during the period for which his license is granted.
(B.) [Repealed.]
(C) Shuckers and packers.'- For every license to a person, firm or corpora-
tion engaged in the business of shucking or packing oysters the license taxes
shall be graduated as follows: (1) for any number of gallons under one
thousand, a tax of seven dollars and fifty cents; (2) for one thousand gallons or
over, up to ten thousand, a *tax of twenty dollars- (3) for ten thousand gallons
or over, up to twenty-five thousand, a tax @f forty-five dollars; (4) for
twenty-five thousand gallons or over, up to fifty thousand, a tax of seventy-five
dollars; (5) for fifty thousand gallons or over, up to one hundred thousand, a tax
of one hundred twenty-five dollars; (6) for one hundred thousand gallons or
over, up to two hundred thousand, a tax of one hundred seventy-five dollars;
(7) for two hundred thousand gallons or over, a tax of two hundred and
seventy-five dollars.
(D) R orts required of licensees. - To ascertain the amount ot oysters
Ee
marketefit shall be the duty of such person, firm or corporation, on the first
day of January of each year, or within ten days thereafter, to make report in
writing, under oath, to the oyster inspector for the district for which he was
licensed. showing the amount of oysters actually shucked or packed or sold in
barrels by him during the next preceding twelve months.
(E) Violation. - Each inspector shall report every oyster packer who shall
fail to comply with the requirements of this section. Any person, firm or corpo-
ration violati.ng the provision of this section, or making false reports shall be
guilty of a misdemeanor.

-Addend=: Part B, p.16

� 28.1-116. Rights of owner to wateri within lawful survev. - (a, If any
creek, cove or inlet within the jurisdictio-i of this Commonwealih makes int'o
or runs through the lands of any persor, is less than one hundred yards in
width at mean low water and i's'compr.sed within the limits of his lawful
survey, as defined in � 62.1-2, such perso;i or other lawful occupant shall have
the exclusive right to use such creek, cove or inlet for sowing or planting
oysters or other shellfish: provided. howe,@ er, that in the county of Mathews the
owners or lawful occupants of' land on both sides of any creek, cove or inlet,
except Horn Harbor, Winter Harbor and Milford Haven, suitable for the
planting of oysters, above the point Nvh@re such creek. cove or inlet is one
hundred yards in width. shall have the e):clusive right to use such creek, cove
or inlet for planting oysters therein, the ri,,:,ht of the owners or occupants of land
on the opposite sides of such creek, cove or inlet to extend to the middle of the
channel, wherever that may be from time to time.
(b) The Commission shall, to the extent practicable, in leasing oyster
planting ground in Winter Harbor ive prority to those eligible applicants who
were, before July on 'e, nineteen tundred seventy-two, users of grounds in
Winter Harbor, and who apply for assignment within ninety days of Julv one,
nineteen hundred seventy-two. (Code 1950, � 28-132; 1962, c. 406; 1964, c. 393;
1966, c. 656; 1968, cc. 659, 747; 1972, c. 539.)

Editor's note. - This section was amended earlier reenacted, was repealed by Acts 1974, c.
by Acts 1973, c. 471. The 1973 act, which was 9i, effective March 22, 1974, and therefore
made effective July 1, 1974, and provided that n!ver went into effect.
it should expire at midnight on that date unless

� 28.1-117: Repealed by Acts 1975, c. 186.
� 28.1-118. Rights of riparian owne:.,s to build bulkhead or wharf.
All assignments or leases ot oyster grounds under this chapter shall be subject
to the rights vested in riparian claimaril s under � 28.1-108 and also to this
E
roviso and condition, namely: That ony landowner desiring to erect a
ulkhead or wharf in front of his property or to open a channel to reach water
of navigable depth or the channel of the:itream, or for other purposes, and is
not already a lessee or riparian holder of suitable bottoms for that purpose,
shall have the right to giv6 the lessee or o-;her holder of oyster grounds in front
of his property twelve months'notice of sut-h intention; and upon the expiration
of that time, the rights of the lessee or holder of so much of such oyster grounds
as shall be reasonably needed for the building of bulkhead or wharf or channel
shall cease; but if such bulkhead, wharf or channel be not commenced as
specified in such notice within three months after such oyster grounds shall be
vacated, then the former lessee or holder of such oyster grounds shall have the
right to resume possession of such oyster grounds as he may have vacated in
favor of such landowners, subject to the provisions of this chapter, provided
further that anyone constructing a channul under provision of the section shall
compensate the lessee of any oyster shore or oyster grounds for all losses or
damages resulting thereto including the value of the ground taken for the
construction of the channel and the lessee shall have recourse under action of
the law in the court of the proper jurisdiction of the Commonwealth of Virginia
to recover said damages. (Code 1950, � 28-134; 1962, c. 406.)

Land leased for wharf not to be used for c(nnected with that of conducting the wharf.
other purposes. - Neither the lessee of a par- Nor does the assignment of said land to the
cel of land on the beach of a navigable river for lessee by the State for oyster planting purposes
the purpose of erecting thereon a steamboat withorize the use of said houses for carrying on
wharf nor any person claiming under him has a mercantile business. Grinels v. Daniel, 110
any right to erect on the leased premises houses Va. 874, 67 S.E. 534 (1910).
for carrying on, or to carry on any business, not

� 28.1-118.1. Bathing grounds; assignment; rental. - Any- person
desiring to obtain a location for bathing grounds shall apply to the Commission
to have his location designated, surveyed and assigned for the purpose afore-

Addendum: Part B, p.15

� 28.1-113. Refund of rent paid under mistake. - Wh enever it is made
to appear to the Marine Resources Commission, by satisfactory evidence, that
any person has, under mistake of law or fact, paia to the Commonwealth any
sum or sums of money, he then and there not being legally obligated to pay the
same, the Commission, if of the opinion that justice so requires, may refund the
same. All amounts refunded under this section shall be paid out of the then
current appropriations made for the use of the Commission. (Code 1950,
� 28-127; 1962, c. 406.)

Editor's note. - This section was amended earlier reenacted, was repealed by Acts 1974, c.
by Acts 1973, c. 471. The 1973 act, which was 96, effective March 22. 1974, and therefore
made effective July 1, 1974. and provided that never went into effect.
it should expire at midnight on that date unless

� 28.1-114. Relief from rent. - The Marine Resources Commission may
forgive ground rent for oyster leases in any area declared a disaster area for
oyster culture. A disaster area may be decla@ed when any natural or man-made
condition arises which precludes satisfactory culture of oysters in that area.
Such declaration for an area shall be made 6y the Marine 'Resources Commis-
sion upon the advice of the Director of the Virginia Institute of Marine Science
on or before the first day of July of each year, and ground rent due and payable
in September following such declaration may be forgiven for the ensuing tax
year and 'such relief may continue until the Marine Resources Commission
with the approval of the Virginia Institute of Marine Science shall declare the
area again productive. (Code 1950, � 28-128; 1962, c. 406.)

Editor's note. - This section was amended earlier reenacted, was repealed by Acts 1974, c.
by Acts 1973, c. 471. The 1973 act, which was 96. effective March 22, 1974, and therefore
made effective July 1, 1974, and 'Provided that never went into effect.
it should expire at midnight on that date unless

� 28.1-1 15. Condemnation of oyster bottoms and grounds. The
Department of Highways and Transportation, and any- county, city or town
shall have the right by eminent domain, to acquire any right or interest,
partial or complete, in and to any oyster bottoms, oyster-planting grounds or
interest therein that it deems necessary for the purpose of such Department or
county, city, or town, respectively. The procedure in such cases shall conform,
mutaiis mutandis, to the provisions of article 5 (� 33-57 et seq.) of chapter 1
of Title 33 of the Code of 1950 relating to the exercise of the right of eminent
domain by the State Department of Highways and Transportation in acquiring
lands for highway purposes.
The Department of Conservation and Historic Resources shall have the same
right of eminent domain againbt the same properties as outlined above, where
the purpose of the condemnation is to provide for a navigational improvement
benefiting an area of the State or the whole State and not limited to purposes
of any particular county, city or town. (Code 1950 (Suppl.), � 28-122.1; 1950,
p. 92; 1962, c. 406.)

1994 reorganization. - The Department of it should expire at midnight on that date unless
Conservation and Historic Resources, refer-red earlier reenacted. was repealed by Acts 1974, c.
to in this section, is established effective Jan- 96, effective March 22, 1974, and therefore
uary 1, 1985, by Acts 1984, c. 750. Prior to that never went into effect.
date, its functions under this section are to be Article 5 0 33-57 et seq.) of chapter 1 of Title
performed by the Department of Conservation 33, referred to in this section, was repealed by
and Economic Development. Acts 1970, c. 322. For similar provisions. see
Editor's note. - This section was amended article7(�� 33.1-89 et &eq.) of chapter 1 of Title
by Acts 1973, c. 471. The 1973 act, which was 33.1.
made effective July 1, 1974, and provided that

Addendun- Part B, p.14

in writing is received by said person shall constitute a separate and additionai
unlawful act and violat;nn of thj-@ title of the Code of ','irginia, and the stakes
or other obstructions shall be removed bN the inspector or other officer of the
Commission at the cost of the person unlawfully placing or having placed said
stakes or other obstructibris. @Code 1950, � 28-125; 19.62, c. 406.)
Cross references. - For constitutional pro- rr ade effective July 1, 1974. and provided that
hibition against leasing, etc., of natural oyster it should expire at midnight on that date unless
beds, see Va. Const,, art. X1, � 3. earlier reenacted. was repeated by Acts 1974, c.
Editor's note. - This section was amended 96, effective March 22 , 1974. and therefore
by Acts 1973, c. 471. The 1973 act, which was n @ver went into effect.
� 28.1-112. Transfer or assignment. - A person holding a valid existing
lease of oyster-planting und, may trartsfer, or assign all or any part of the
lease to another under tWelfollowing conditions and provisions:
(1) The transfer or assignment may be made only to a resident of the
Commonwealth of Virginia or firm, or mirporation authorized by the laws of
this Commonwealth to occupy and hold oyster-planting ground.
(2) The application for transfer or assig-,iment shall be in the form prescribed
by the Commission and shall be filed wiih the Commission.
(3) The Commission or its chief engineer shall require a new survey if there
is not a survey of the exact parcel or parcels of grounds to be transferred or
assigned.
(4) The cost of any new surveys requiied under this section shall be borne
by the person-making the transfer, and C-te cost and fees shall be the same as
for surveys made by the Commission.
(5) The application shall be accompanied by the transfer fee of five dollars
if the parcel or parcels are ten acres or less in area and ten dollars if the parcel
or parcels are more than ten acres in arva.
(6) The engineering office of the Commission shall record the application to'r
transfer or assignment with any correction or new plat it may deem necessary
in the office of the Marine Resources Commission.
(7) The transfer or assignment shall ccnsiitute a new lease of the tract or
parcel assigned and of the remainder )r balance, if any, of the ground
remaining under the old lease.
(8) [Repealed.] (Code 1950, � 28-126; 1962, c. 406; 1984, cc. 100, 259.)

Editor's note. - This section was amended .trimsfer" in the second sentence of subdivision
by Acts 1973, c. 471. The 1973 act, which was A(3).
made effective July 1, 1974, and provided that The second 1984 amendment substituted -the
it should expire at midnight on that date unless IeE se- for "said lease" in the introductory Ian.
earl'ier reenacted, was repeated by Acts 1974, c. guige; substituted "Commonwealth" for
96, effective March 22, 1974, and ther.efore "S, ate" in two places in subdivision (1); deleted
never went into effect. "alid" preceding "shall be filed," substituted
The 1984 amendments. - The first 1984 "t@ e ground" for'-said ground," and substituted
amendment substituted "the lease" for "said "alld forwarded" for "which application shall be
lease" in the introductory language of subsec- forwarded" in subdivision (2)-, deleted "for
tion A; substituted "Virginia" for "the State of saine" following "fees" in subdivision (4); sub-
Virginia" and substituted "Commonwealth" for sti@ uted "the parcel" for "Said parcel" in two
"State" in subdivision A(D; deleted "inspector places in subdivision (5); substituted "record
for the district in which said ground is located, thc" for "return said" and substituted "in the
which application shall be forwarded to the office of the Marine Resources CommissiW for
engineering office of the" following "riled with "to the clerk of the court of the county or city in
the" in subdivision A(2); deleted "or same" wh,ch the ground lies, and hall notify the
following "fees" in subdivision AW; substituted apj licant by mail that said transfer has been
"the parcel" for "said parcel" in two places in sent to said clerk" in subdivision (6); and
subdivision A(5); substituted "the application" del,!ted subdivision (8). reliaing to recording of
for "said application," substituted "the trans- the transfer or assignment together with the
fer" for "said transfer," and substituted "the nevr plat in the clerk', office and in the office of
clerk" for "said clerk" following "sent to" in sub. the Commission,
division A(6); substituted "the court" for "said 7he section is set out above as amended by
court" and substituted "the transfer" for "said the second 1984 amendment, with those
transfer" following "recording" and following changes from the first 1984 amendment not
"receiving" in the first sentence of subdivision conlicting therewith incorporated therein.
A(8); and substituted "the transfer" for "said

Addendum: Part B, p.13

� 28.1-109.1. Excusing rent payment on condemned oyster grounds in
the Lvnnhaven river and tributaries. - Whenever leased oyster ground in
the Lynnhaven river and its tributaries has been condemned by the Commis-
sioner of the State Department of Health for not less than one hundred eighty
consecutive days, other than regular seasonal condemnation, the lessee, after
prior written notice to the Commission, may elect not to pay the rent on the
condemned acreage for the year immec Iliately following the year in which the
one hundred eightieth day of condemnation occurs. This election may continue
until the condemnation is terminated. Provided, however, that if the lessee
avails himself of this section (i) oysters or clams shall not be taken from such
leased area by the lessee for any reason during the condemnation period; (ii)
the lease shall continue to run and (iii) the lessee may renew the lease as
provided by law; and provided further, that the Marine Resources Commission
mav not make a new lease assignment or transfer an existing lease that lies
wh;lly or partially within a condemned area unless such applicant executes a
release that he will not exercise his rights under this section for the duration
of the lease. (1976, c. 557.)

� 28.1-110. Ground for clams. - All provisions in this title referring or
relating to the leasing of oyster grounds shall also include the right of the
Commission to lease grounds for the purpose of planting, growing. storing and
rion may use the same application and
harvesting clams. The'Commis,
assignment forms and procedures for leasing ground for the purpose of produc-
ing clams as provided for leasing grounds for the purpose Ot producing oysters.
(1962, c. 406; 1970, c. 726.)

Editor's note. - This section was amended earlier reenacted, was repealed by Acts 1974, c.
by Acts* 1973, c. 471. The @ 1973 act, which was 96, effective March 22, 1974, and therefore
made effective July 1, 1974, and provided that never went into effect.
it should expire at midnight on that date unless

� 28.1-110. Ground for 61ams.

Lease strictly construed against lessee. fee simple title, nor can he use the property for
- Shellfish leases, which are grants in deroga- any other purpose except that stated in the
tion of the common or public right, are strictly statute, and hence every other right thereto.
construed against the lessee. Nothing. passes fore in the public is preserved. Working Water.
except what is granted specifically or by neces- man's Ass'n v. Seafood Harvesters, Inc., 227
sarY implication. Working Waterman's Ass'n Va. 101, 314 S.E.2d 159 (1984).
v. Seafood Harvesters, Inc:, 227 Va. 161, 314 Under leases which granted ..absolute
S.E.2d 159 (1984). .right" to lessees "to use and occupy" the
This section and 0 28.1-109 to be read ground for the term of the leases for -the
into assignments. - Although not set forth in Purpose Of "Planting, growing, storing and
the form lease, the Pertinent provisions of harvesting clams," while any person might
� 28.1-109 and this section are to be read into have taken clams from the beds before the
the assignments as terms of the contract, grants, afterwards only the particular lessee
binding on the Commonwealth and the lessee. could do so and all others are excluded from
Working Waterman's Ass'n v. Seafood Har. such activity on the grounds. These provisions
vesters, Inc., 227 Va. 101, 314 S.E.2d 159 mark the limit of the right under the lease.
(1984). Working Waterman's Ass'n v. Seafood Har-
Rights not stated in statute are pre. vesters, Inc., 227 Va. 101, 314 S.E.2d 159
served to public. - The lessee does not take a (1994).

� 28.1-111. Natural rocks, etc., not to be used or staked off. - It shall
be unlawful for any person to stake in or use Or continue to use or occupy for
the purpose of propagating or planting oysters or shells any natural oyster bed,
rock, or shoal, as defined by law,-or any bottom which has not been assigned
to him according to law, or any public clamming or scalloping grounds which
have been set aside as such. The inspector for that district or any other officer
of the Marine Resources Commission, shall require anv such person to remove
all stakes, watchhouses, or other obstructions from the' natural beds, rocks, or
shoals or from any bottom which has not been assigned to him according to law;
failure to remove such stakes or other obstructions within ten days of the notice

Addendum: Part B, p.12

Amendment to the United States Constitution. :he State agency to "incorporate" or write thern
s@ince the leases are alienable, descendible, :n the instrument. which the statute says **Qhall
renewable as of right for a definite terin. and `orfeit the lease." Nuttall v. Lankford. 1x6 Va.
constitute a valuable means of livelihood. As 532, 43 S.E.2d 37 (1947).
such. the leases possess all of the elements held "It would add no force to the proviciins to
essential to constitute privalte property. Blake write them in the lease. Since the General
v. United States, 181 F. Supp. 584 (E.D. Va. Assembly has said that a lease is to be granted
1960), afrd, 295 F.2d 91 (4th Cir. 1961). on these terms, such terms are binding both on
A lease under this section is made only the agency of the Commonwealth and on the
"for the purpose of planting and lessee, whether they be actually written in the
propagating oysters" on the ground leased. instrument or not." Nuttall v. Lankford, 186
and it is for this purpose alone that the planter Va. 532, 43 S.E.2d 37 (1947).
is authorized to use and occupy such ground Where it was contended that the lessee of
While any citizen might have taken oysters oyster-planting grounds was a "dummy"
therefrom before the lease, afterwards only the corporation owned by either a foreign corpora-
lessee may do so and all others are excluded tion or a nonresident, and was chartered for the
from either planting or taking oysters from purpose.of enabling the foreign corporation or
nonresident to hold and operate oyster-planting :he tidal waters, subject to the ancient right of
grounds in Virginia, contrary to subsection (2) :he riparian owners to drain the harmful refuse
of this section, it was held that under the evi- )f the land into the sea, which is the sewer pro-
dence there was no merit in the contention. ;ided therefor by nature. Darling v. City of
Nuttall v. Lankford, 186 Va. 532, 43 S.E.2d 37 Newport News, 123 Va. 14, 96 SY307 (1918),
(1947). iff'd, 249 U.S. 540, 39 S. Ct. 371, 63 L. Ed. 759
Bank as predecessor in title. - In a 1919 @.
controversy over oyster-planting grounds, it Or by municipal sewage. - A municipal
was contended that the tenure of the holder was :orporation situated on an arm of the sea, adja-
void because the record showed that among its :ent to tidal waters, has the right to use such
predecessors in title was 'a Virginia bank, vaters for the purpose of carrying off its refuse
which was not "chartered for the purpose of ind-sewage to the sea, so long as such use does
oyster culture and the oyster business," as iot create a public nuisance, and any injury
required by subsection (2) of this section. At the )ccasioned thereby to private oyster beds is
time the -bank required the leases, the statute laninum absque injuria. City of Hampton v.
simply required that they "be occupied by any Natson. 119 Va. 95, 89 S.E. 81 (1916); Darling
resident of the State-for the purpose of planting i. City of Newport News, 123 Va. 14, 96 S.E.
or propagating oysters thereon." The provision 307 (1918), afrd, 249 U.S. 540, 39 S. Ct. 371, 63
requiring a corporate holder to be chartered _ Ed. 759 (1919).
"for the purpose of oyster culture and the oyster The right given the city of Newport News, by
business" was inserted in the statute after the ts charter, and Acts 1908, c. 349, to discharge
bank's tenure..It was held that even if it were ts sewage into the ocean does not violate the
assumed that the acquisition by the bank was -ontract rights of an oyster bed lessee holding
ultra vires, the bank's title to the property was inder the former statute granting the absolute
not void, but was only subject to be avoided in ight of occupancy for fixed periods, since these
a direct proceeding instituted by the State for 3rovisions relate to the possession of the land,
that purpose. And since its title was not ind not to the quality of the water over it.
overthrown in that manner the bank could )arling v. City of Newport News, 249 U.S. 540,
convey an indefeasible title to another. Nuttall , W S. Ct. 371, 63 L. Ed. 759 (1919). But now see
v. Lankford, 186 Va. 532, 43 S.E.2d 37 (1947). -:he provisions pertaining to pollution in Titles
Renewal of lease under former statute. - 21 and 62.1.
See Nuttall v. Lankford, 186 Va. 532,43 S.E.2d Failure of the lessee to maintain markers
37 (1947). -is required by subsection (6) would have no
Pollution of oyster beds by drainage :)ossible effect upon the right of the Common-
from riparian lands. - An oyster planter wealth in prosecuting a criminal charge for lar-
takes his right to plant and propagate oysters ceny of oysters. Melvin v. Commonwealth, 202
on the public domain of the Commonwealth in is. 511, 118 S-E.2d 679 (1961).

� 28.1-109. General Oyster-planting grounds.

And is strictly construed against the This section and � 28.1-110 to be read
grantee.
the form lease, the pertinent provisions of this
Shellfish leases, which are grants in deroga into assignments. - Although not set forth in
tion of the common or public right, are strictly section and � 28.1-110 are to be mad into the
construed against the lessee. Nothing passes
except what is granted specifically or by neces- assignments as terms of the contract, binding
sarY implication. Working Waterman's Ass'n on the Commonwealth and the lessee. Working
v. Seafood Harvesters, Inc., 227 Va. 101, 314 Waterman's Ass'n v. Seafood Harvesters, Inc.,
S-E-2d 159 (1984). 227 Va. 101, 314 S.E.2d 159 (1984).

Addendun: Pc-Lrt B, p. 11

The 1994 amendment rewrote this section. Incorporation of provisions of statute in
Lease of oyster grounds constitutes lease to corporation. - The purpose of the
private property" of --- Su@ject to the lanpiage of sub '@ectlon @21, relating to the
government's dominant power over navigation. incorporation of the provisions of this section in
a lease of oyster grounds, pursuant to State law, a lease to a corporation, is to specify the terms
on beds of navigable streams within the State, and conditions under which a resident corpora-
constitutes "private property" in the lessee. tion, with nonresident stockholders. may
Blake v. United States. 181 F. Supp. 584 (E.D. engage in the business of planting, cultivating,
Va. 1960), afrd, 295 F.2d 91 (4th Cir. 1961). selling and marketing oysters on grounds
And is within intendment of Fifth leased by it from the State. It means that a lease
Amendment to United States Constitution.. to such a corporation is subject to these "provi-
- Leasehold interests in oyster grounds 'are sions" or conditions which must be complied
"chattels real," and as such, are generally held with. It is the "violation" of these stipulated
to be within the intendment of the Fifth -provisions" by the lessee and not the failure of
Amendment to the United States Constitution, the State agency to "incorporate" or write them
since the leases are alienable, descendible, in the instrument, which the statute says -shall
renewable as of right for a definite term, and forfeit the lease." Nuttall v. Lankford, 186 Va.
constitute a valuable means of livelihood. As 532, 43 S.E.2d 3711947).
such. the leases possess all of the elements held "It would add no force to the provisions to
essential to constitute private property. Blake write them in the lease. Since the General
v. United States, 181 F. Supp. 584 (E.D. Va. Assembly has said that a lease is to be granted
1960). afrd, 295 F.2d 91 (4th Cir. 1961). on these terms. such terms are binding both on
A lease under this section is made only the agency of the Commonwealth and on the
"for the purpose of planting and lessee, whether they be actually written in the
propagating oysters" on the ground leased, instrument or not." Nuttall v. Lankford, 186
and it is for this purpose alone that the planter Va. 532, 43 S.E.2d 37 (1947).
is authorized to use and occupy such ground. Where it was contended that the lessee of
While anv citizen might have taken oysters oyster-planting grounds was a "dummy"
therefrom before the ]case. aftem,ards only the corporation owned by either a foreign corpora-
lessee may do so and all others are excluded tion or a nonresident, and was chartered for the
from either planting or taking oysters from purpose of enabling the foreign corporation or
Nothing in the above shall prohibit the renewal of any lease already in
existence at -the time the Commissioner receives information as to the
authorization of a survey, as set out above.
0 9) Consolidation of lease. - Upon written request by a leaseholder the
Commission may consolidate into one lease contiguous leases held by the same
leaseholder. The consolidation, upon approval by the Commission, shall be
considered a new lease. (Code 1950, � 28-124; 1954, c. 352; 1958, c. 183: 1960,
c. 517; 1962, c. 406; 1964, c. 393; 1966, c. 684; 1970, c. 726; 1972, c. 644; 1973,
c. 14; 1978, cc. 546, 548; 1980, cc. 34, 609; 1984, c. 259.)

Cross references. - For constitutional pro- such ground during his term; this marks the
hibition against leasing natural oyster beds, limit of his right. He does not take a fee simple
see Va. Const., art. XI, � 3. As to general prohi- title, nor can he use the property for any other
bition against nonresidents taking or planting purpose except for that stated in the statute,
oysters, see � 28.1-122 and note thereto. and hence every other right heretofore in the
Editor's note. - This section was amended public is preserved. Darling v. City of Newport
bv Acts 1973, c. 471. The 1973 act, which was News, 123 Va. 14, 96 S.E. 307 (1918), afrd, 249
made effective July 1, 1974, and provided that U.S. 540, 39 S. Ct. 371, 63 L. Ed. 759 (1919).
it should expire at midnight on that date unless And is strictly construed against the
earlier reenacted, was repealed by Acts 1974, c. grantee. - A grant or lease of oyster beds by
96, effective March 22, 1974, and therefore the State is strictly construed against the
never went into effect. grantee. Nothing passes except what is granted
The cases in the following annotation were specifically or by necessary implication.
decided under repealed � 28-124, corre- Darling v. City of Newport News, 123 Va. 14.96
sponding to this section. S.E. 307 (1918), afrd, 249 U.S. 540, 39 S. Ct.
371, 63 L. Ed. 759 (1919).
The 1984 amendment rewrote this section. Incorporation of provisions of statute in
Lease of oyster grounds consfitutes lease to corporation. - The purpose of the
"private property" of lessee. - Subject to the language of subsection (2), relating to the
government's dominant power over navigation, incorporation of the provisions of this section in
a lease of oyster grounds, pursuant to State law, a lease to a corporation, is to specify the terms
on beds of navigable streams within the State, and conditions under which a resident corpora-
constitutes "private property" in the lessee. tion, with nonresident stockholders, may
Blake v. United States, 181 F. Supp. 584 (E.D. engage in the business of planting, cultivating,
Va. 1960), afrd, 295 F.2d 91 (4th Cir. 1961). selling and marketing oysters on grounds
And is within intendment of Fifth leased by it from the State. It means that a lease
Amendment to United States Constitution. to such a corporation is subject to these '*provi-
- Leasehold interests in oyster grounds are Eions" or conditions which must be complied
.chattels real," and as such, are generally held with. It is the "violation" of these stipulated
to be within the intendment of the Fifth -provisions" by the lessee and not the failure of

Adde-ndun: Pa-rt 3, p.10

115) Commonwealth guarantees rights of renter subject to right of rishi
- To any person, after having complied with all requirements, as set forth
the stau@tes necessary to have ground a@ signed to him, the Commonwealth will
guarantee the absolute right to the renter to continue to use and occupy the
g-round for the term of the lease, subject to: (a) subsection (12) of this section:
(b) riparian rights; (c) the right of fishing in waters above the bottoms. provided
(i) that no person exercising the right cf fishing shall use any device which is
fixed to the bottom, or which, in any way, interferes with the renter's rights
or damages the bottoms, or the oystirs :)Ianted thereon, and (ii) that crab ots
and gill nets which are not staked to the bottom shall not be construes as
devices which are fixed to the bottom unless the crab pots and gill nets are used
over planted oyster beds in waters of le3s than four feet at mean low water on
the seaside of Northampton and Accomack Counties; and (d) established
fishing stands, but only if the fishing stand license fee is timely received from
the existing licensee of the fishing stand and no new applicant shall have
priority over the oyster lease. However, a fishing stand location, assigned prior
to-the lease of the oyster ground, is to be considered a vested interest, a chattel
real, and is an inheritable right wt. ich may be transferred or assigned
whenever the current licensee complie3 with all existing laws.
(16) When leases become vacant. - In any case where the Commission finds
that the person in whose name the leaEe was made, is dead, or unknown, and
there is no one actually claiming such property as an heir or assignee of the
former lessee, the ground shall becouic vacant and open to assignment.
(17) Delinquent ground. - Any ground or area which becomes delinquent
shall be open and available to be leascd, after the following conditions have
been complied with:
(a) The Commission must have notilled the person in writing on or about
September 1 of that year of the amount of rent due. If the rent becomes delin-
quent, a second notice must be mailed :)y certified mail on or about June 1 of
the following year.
(b) If the person holding the lease dces not pay all rents and penalties due
on or before June 30 of the following year the assignment shall terminate.
(c) [Repealed.]
(18) Effect of proposal for navigation project. - From and after the date on
which the Commissioner of Marine Resources receives information to the effect
that with regard to a specified navigation improvement project, the Secretary
of the Army has been authorized by congressional action to cause a survey to
be made on any such project, the Commissioner shall obtain the consent and
approval of the Governor before leasing any public oyster-planting grounds
which may be required for dredging operations or spoil disposal areas in con-
nection with the project. If after the completion of the survey and a submission
of the District Engineers' report therE on to the Chief of Engineers, United
States Army, the proposed navi-ation @ mprovement project is not authorized,
the affected ground will again b7t7come available for lease and assignment.

Nothing in the above shall prohibit the renewal of any lease already in
existence at the time the Commissicner receives information as to the
authorization of a survey, as set out ab,)ve.
(19) Consolidation of lease. - Upon written request by a leaseholder the
Commission may consolidate into one lease contiguous leases held by the same
leaseholder. The consolidation, upon a:)proval by the Commission, shall be
considered a new lease. kCode 1950, � 23-124; 1954. c. 352; 1958, c. 183; 1960,
c. 517; 1962, c. 406; 1964, c. 393. 1966, c. 684; 1970, c. 726; 1972, c. 644; 1973,
c. 14; 1978, cc. 546, 548; 1980, cc. 34, 609; 1984, c. 259.)

Cross references. - For constitutional pro- such ground during his term-, this marks the
hibition against leasing natural oyster beds, limit of his right. He does not take a fee simple
see Va. Const., art. X1, � 3. As to general prohi- title, nor can he use the property for any other
bition against nonresidents taking or planting purpose except for that stated in the statute,
oysters, see � 28.1-122 and note thereto. and hence every other right heretofore in the
Editor's note. - This section was amended public is preserved. Darting v. City of New-port
by Acts 1973, c. 471. The 1973 act, which was News, 123 Va. 14, 96 S.E. 307 (1918), aff d, 249
made effective July 1, 1974, and provided that U.S. 540, 39 S. Ct. 371, 63 L. Ed. 759 (1919).
it should expire at midnight on that date unless And is strictly construed against the
earlier reenacted, was repealed by Acts 1974, c. grantee. - A grant or lease of oyster beds by
96, effective March 22, 1974, and therefore the State is strictly construed against the
never went into effect. grantee. Nothing passes except what is granted
The cases in the following annotation were specifically or by necessary implication.
decided under repealed � 28-124, corre- Darling v. City of Newport News, 123 Va. 14,96
sponding to this section. S.E. 307 (1918), atTd, 249 U.S. 540, 39 S. Ct.
371, 63 L. Ed. 759 (1919).

Addenduti: Part- B, p. 9

assignment shall not interfere with the e-stab I ished fishing rights and any such
application, surveving. and marking @ha!l conform to the la%v pertaining to
oyster-pianting grounds. The annual rental per acre in the Chesapeake Bay,
in waters from fifteen feet or more in depth. shall be such an amount per acre
as the Commission may designate. but in no case shall be less than seventy-five
cents annually per acre.

Q 1) Pa 'vmen t bfann ual ren ta 1; pena I tv for dela ult. - The a pp I i cant sha I I pay
to the Commission the annual rental for such ground at the rate of one dollar
fifty cents per acre or any fraction thereof, annually, except as provided for the
Chesapeake Bay, and for bathing ground. Such rental shall be due on
September I of each ve '
. ar after the date of assignment, and, if not paid on or
before December 5, a ten percent penalty shall be added to the annual rental
charge, and the Commission may proceed to levy for rental and penalty.
. (12) Duration oflease. -Each assignment shall continue in force for a period
of twenty years from the date of assignment, unless the assignment is ter mi-
nated in one of the manners provided by law. New or initial assignments made
after July 1, 1980, shall continue in force for a term of ten years. The interest
in such ground shall be construed as a chattel real.
Upon the death of the renter, testate as to the lease, it shall vest in the named
beneficiary subject to the rights of creditors, if he is a resident of this Common-
wealth, provided that he files an application for transfer with the Commission
within eighteen months after the date of death. If the named beneficiary is not
a resident he shall have eighteen months after the date of death to transfer the
lease to a qualified holder.
Upon the death of the renter, intestate as to the lease, the lease shall be
vested in the personal representative, if there is one, who shall transfer the
lease to a qualified holder within eighteen months.
If there is no qualification on the renter's estate within one year of his death,
the Commission may within six months thereafter transfer the lease to a
qualified holder upon receipt of a transfer duly executed by all of the lawful
heirs of the renter both resident and nonresident.
If there is no transfer under any of the above, the ground shall become vacant
and open to assignment.
Upo@i expiration of the initial or any subsequent term of the assignment, the
Commission shall, on application of the holder, renew the assignment for an
additional term of ten years. The Commission shall not renew or extend an
assignment where there has been neither significant production of shellfish
nor reasonable plantings of shellfish or cuitch during any portion of the
ten-year period immediately prior to the application for renewal, unless the
Commission finds that there was good'cause for the failure to produce or plant
shellfish or cultch or finds that the assignment is directly related to and benefi-
cial to the production of oyster-planting grounds immediately adjacent to the
assignment.
(12a) [Repealed.)
(12b) Requiring lessee or transferor to have ground survityed and ]at
recorded; canceling lease for failure of lessee to have survey. - If the ctief
engineer and the Commission should determine that in any past assignment
of oyster ground or when there is any attempt to transfer oyster ground, that
there has not been a survey, a recorded plat, or both, acceptable to the Commis-
sion and which, in their opinion, does not accurately describe the metes and
bounds of the leased ground, the Commission shall require the lessee, the
transferor, or both, to have the ground surveyed and the plat recorded.
If the lessee fails to order the survey or resurvey within six months after date
of notification to the lessee or transferor, by certified mail, the Commission
shall cancel the lease on its books and may accept applications therefor.from
the general public.
(120 Payment of costs for service, etc., required under paragraph (12b). -
The cost of the surveys and recording fees required under paragraph (12b)
hereof shall be borne by the lessee or transferor and the cost and fees shall bE
the same as for surveys made by the Commission.
(13) Possession gives no preference as to assignment. - Any person, firm or
corporation in possess@ion of any oyster-planting ground which has not been
assigned according to law shall have no preference as to having it assigned to
him, but the ground shall be open to the first applicant.
(14) Recordation ofplat. - The plat and assignment, as soon as practicable
after completion, and after the ground has been assigned to the applicant, shall
be filed for record in the office of the Marine Resources Commission.

z@ddendixn: Par-. B, z-. 8

definite location, with the name of one or more prominent points or obje.c ts
adjacent to such ground. It shall be the duty of any resident, firm or corporation
desiring to obtain a location for planting or propagating oysters to apply to
have the location ascertained, designated, surveyed and ass'ig-ned.
(4) Posting of notice of applications - Nbtice of the application shall be
posted by the Commission for not less than sixty days at the courthouse of the
county or city in which the g-round app ied for lies, and in at least two or more
prominent places in the vicinity of the ground and shall in addition. be
published at least once a week for fou@ consecutive weeks in a newspaper of
general circulation in that county or city.
(5) [Repealed.]
(6) Surve-v and marking of ground. -- If a protest is not filed in the Commis-
sion office within sixty days after posting of the notice of application. the chief
engineer of the Marine Resources Commission shall designate a surveyor to
survey the grounds and make'a plat in duplicate of the same. The surveyor
shall forward the plat of survey to the office of the Marine Resources Commis-
sion to be approved by the engineer o F the Commission. If no protest to . the
application or surveying of ground is made before the expiration of thirty days
after the plat of survey is recorded in t'ie office of the Marine Resources Com-
mission, the ground applied for shall ke assigned provided:
(a) That the application and assignment complies with all applicable provi-
sions of law and if in the judgment of the Commission it shall be wise to do so.

(b) All fees, costs, and the annual rental have been paid for the lease of the
ground. The ground shall be marked at the expense of the applicant, at the time
the survey is made, and at the direction of the surveyor, with suitable stakes
or other such markers, as may be perrr itted and approved by the Commission;
and these suitable stakes or markers sliall be kept by the lessee in their proper
places at all times during the continu@ince of the lease, so as to conform accu-
rately to the survey. Should such stake; or other markers be removed, knocked
down, or be carried away, the lessee sE all replace them in their proper places;
and if he fails to do so within thirty &.ys after being notified, the lessee shall
have no claim against any person for traspassing on the ground in any manner.
(7) Application, surveying fee anc' recording fee. - Any applicant for
oyster-planting ground or for riparian oyster ground shall pay an application
f@e of twenty-five dollars and in additi:)n- shall pay to the Commission for any
surveying done by the Commission an amount equal to the cost of the survey
and of preparing the original and crie copy of a plat thereof. Before an
assignment or transfer, the applican-: shall pay the cost of recording each
assignment or transfer and plat in the Commission office. No ground shall be
assigned until all the fees prescribed 'Ierein have been paid.
(8) Restrictions on assigned acreag? and applications. - No assignment,
except in Chesapeake Bay, shall exceed 250 acres. No applicant, after having
had as much as 250 acres of oyster gircund assigned to him, shall again make
application for another assignment of oyster grounds within 6 months from the
day his assignment was recorded and completed as the statutes hereinafter
provide. If an, assignment is not made within six months after the expiration
of the notice required by statute to bi? posted for sixty days, the application
shall, upon the expiration of six month@, lapse and become null and void, unless
an extension is allowed by the Commission. In cases where a protest has been
filed with the Commission against the granting of an application, the applica-
tion shall not lapse until the Commis.@,ion has finally acted upon the applica-
tion.
(9) Restriction on acreage owned oroperated. - No person, firm or corpora-
tion shall own or operate more than 3.COO acres of oyster grounds in the waters
of this Commonwealth other than the Chesapeake Bay; and should ground in
excess of 3,000 acres be acquired by orginal assignment to the assignee, or be
assiTed to him or them by a lawful holder of such oyster ground, or as heir
or d tributee, or by devise or bequest, he or they shall, nevertheless, have a
right to lawfully hold the ground for and during the period of 1 year and shall
have a legal right to assign it. Should no assignment be made within 1 year
the oyster-planting ground so acquired, in excess of 3,000 acres, shall revert to
the Commonwealth of Virginia, and rr. ay be applied for by any person having
a legal right to do so.
(10) Application for planting ground in Chesapeake Bay; acreage allowed;
annaalrental. - Application for planting ground in Chu!;apeake Bay in waters
from fifteen feet or more in depth shaTI be made to the Marine Resources
Commission. The Commission shall have the ri-ht to accept or reject any
application as it may deem best for t -ie public interests; and the number of
acres to be assigned to any applicant shall not exceed 5,000 acres. The

Addend=: Part B, p-7

Should no application for transfer be received bv the Commission within
ei@hteen months after the transfer of the highland ownership, the riparian
assi,mment shall become vacant and open to assignment.
D. If any portion of the waterfront is assigned to a riparian claimant under
this section, which at the time is occupied *by others with oysters actually
planted thereon, the person occupying the waterfront shall have eighteen
months in which to remove the oysters and the riparian claimant shall pay all
survey and assignment and recording charges incurred in connection with the
transfer of the riparian oyster-planting ground.
This section shall, on and after July 1, 1962, be applicable in all counties and
cities of the Commonwealth bordering on bodies of water, in its oyster-growing
areas, except it shall not be applicable to riparian lands located above the
James River Bridge in the James River or its tributaries. In any county or city
in this Commonwealth where more than one-half acre of ground per waterfront
tract has heretofore been assigned to a ri@arian owner, after July 1, 1962, the
ground in excess of one-half acre shall be eemed to be ground under a regular
lease and assignment, and not a riparian assignment.
This section, so far as the quantity of land to be assigned to and held by
riparian owners is concerned, shall not apply to Northampton County, but � 6
of Chapter 254 of the Acts of Assembly of 1883 and 1884 shall continue in force
as to the county. Nothing herein contained shall be construed as authorizing
a rental of a lesser amount per acre than that provided by law for riparian
owners in Northampton County of the land assigned them as such riparian
owners. Nothing in the section which restores to riparian owners in
Northampton County one-fourth of their respective waterfronts, suitable for
Planting oysters, shall be so construed as to permit the owners of waterfronts
to compel occupants of the fronts to remove their oysters from any fourth of the
shores, if the residue of the shore is already in the landowner's possession, or
is unoccupied.
Nothing in this section shall be construed to prevent the erection by riparian
landowners of wharvps, landings or other structures as otherwise permitted by
law. (Code 1950, � 28-123; 1950, p. 987; 1956, c. 586; 1958, c. 184; 1960, c. 517;
1962, c. 406; 1964, c. 393; 1968, c. 747; 1972, c. 644; 1976, c. 256; 1�78, c. 548;
1984, cc. 100, 244, 259.)

The 1984 amendments. - The first 1984 of the introductory language of subsection C,
amendment rewrote th;s section. added subdiviziion C 7, and otherwise rewrote
this section.
The second 1984 amendment in@erted
"within eighteen months after Ehv transfer of The third 1964 amendment rewrote the first
the hi,.,h:,nd ownership" in zz@esecond sentence sentence of @ubdivision C 5, which formerly pro-
vided for return of the application for transfer clerk of court and in the office of the Commis-
and corrected plat or new plat to the clerk of sion; and otherwise rewrote this section.
court and notification to the applicant of such The section is set out above as amended by
transfer; added the second sentence of subdi- the third 1984 amendment, with those changes
vision C 5; deleted subdivision C 6, relating to from the first two 1984 amendments not con-
recording of the transfer and new plat by the flicting thereN%ith incorporated.

� 28.1-109. General oyster-planting grounds. - (1) Grounds comprising.
- The residue of waterfront in excess of what is already assigned or reserved
for the riparian owners, and the residue of the beds of the bays, rivers, creeks
and shores of the sea other than those within the limits of navigation projects
adopted and authorized by the Congress and those required for the disposal of
materials dredged incident to the maintenance of such projects, and other than
natural oyster beds, rocks or shoals, as defined by law and included in the
Baylor survey, may be occupied for the purpose of planting or propagating
oysters thereon, and may be leased by the Commission upon proper application
therefor.
(2) Eligible applicants: provisions of section incorporated in lease. - Appli-
cation for assignment of oyster-planting ground may be made by any resident
of the Commonwealth, or any county, municipality, or political subdivision of
the Commonwealth, or by any firm, or corporation chartered under the laws of
this Commonwealth for the purpose of oyster culture and the oyster business
E
rovided that at least sixty percent of the stock of any such corporation must
e wholly owned by residents of the Commonwealth of Virginia.
(3) Afplication for assignment. - All applications for assi ment of
oyster-p anting grounds shall be made in writing, in duplicate, to tTle Marine
Resources Commission..Applications shall be given priority in the same order
in which they are received, except that no application for any ground then
under lease shall be considered valid for that portion under lease. The applica-
tion shall state, as nearly as possible, the number of acres applied for and

Addendixn: Part B, p.6

� 28.1-106. Removal of marken; of planting grounds. - It shall be
unlawful for any person to intentimally or knowingly injure, remove or
displace any boundary oyster stakes. range monuments, signal beacon,
boundstone, post or buoy, or any part, appurtenance or enclosure thereof,
erected, constructed or set on the land or water of this State, or upon the lawful
beds of any lessee, for the purpose of designating, locating, surveying or
mapping any shellfish grounds. iCod? 1950; � 28-121; 1962, c. 406.)
� 28.1-107. Maps to be filed; evidential value. - All maps of the bays,
rivers and creeks of this Commonwealth made by the Marine Resources Com-
mission showing the location of oyster-planting grounds in these waters, shall
be filed in the office of the. Marine R?sources Commission.
Any such map and the areas of the individual assignments of oyster-planting
grounds platted thereon shall be evi(ience in all the courts of this Common-
wealth of all the oYster-plantin grounds ]eased by the Commonwealth to
rivate individuals at the time tlie survey and map were made. (Code 1950,
28-122; 1962, c. 406; 1984, c. 4.)

Editor's note. - This section was amended substituted "Marine Resources Commission"
by Acts 1973, c. 471. The 1973 act, which wag for "engineer of the Commission of Fisheries
made effective July 1, 1974, and provided that and," and substituted "office of the Marine
it should expireat midnight on that date unless Resources Commission" for "clerk's office of the
earlier reenacted, was repealed by Acts 1974, c. county or city having jurisdiction over the
96, effective March 22, 1974, Lind therefore respective underwater areas" and in the second
never went into effect. paragraph substituted "Commonwealth" for
The 1984 amendment in the first paragraph "State" following "leased by the."
substituted "All maps" for "A copy of all maps,"

ARTXLE 5'.

Oyster-Planting. Ground.

� 28.1-108. Assignments of planting grounds to riparian owners. - A.
Any owner of land bordering on a body of water in the oyster-growing area of
this Commonwealth whose shore front measures at least 205 feet at the
low-water mark, who has not had as i nuch as one-half acre of ground. already
assigned him on the front, or whose lease has terminated and is not to be
renewed, may make application for anting grounds to the Commission. The
Commission shall assign to h @ ground wherever the owner may desig-
nate in front of his land that is within his riparian waters, not exceeding in
area one-half acre, to be not less than 105 feet wide along the shore and
beginning at low-water mark, extending out not more than 210 feet, or to the
middle of the body of water, or to the middle of the channel, whichever is the
shorter distance. The grounds shall be surveyed, plotted, marked, assigned and
recorded in all respects as provided for assignments to persons in � 28.1-109
of the Code of Virginia. Any riparian assignment that was duly recorded in the
clerk's office of the county or city wh @rein the grounds are located, or at the
Commission office prior to July .1, 19 78, shall continue in effect.
B. The riparian leaseholder shall he ve the exclusive right to the use thereof
for the purpose of planting or gathering oysters and clams.
C. The assignment made pursuant to this section shall pass with the transfer
of the adjacent highland to the subseluent owner of highland and cannot be
held separated from the highland. A. transfer of highland ownership shall
require that there be a transfer of the riparian assignment within eighteen
months after the transfer of the highland ownership under the following condi-
tions and provisions:
.i. rne appiication tor transter Shali be in the torin prescribed by the Uommis-
Sion, and shall be filed with the Corimission.
2. The Commission or its chief engineer shall require a new survey if there
is not a survey of the exact parcel o - parcels of grounds to be transferred.
3. The cost of any new surveys req,lired under this section shall be borne by
the person making the transfer, and the cost and fees shall be the same as for
surveys made by the Commission.
4. The application shall be accompanied by a transfer fee of five dollars.
5. The engineering office of the Commission shall return the approved appli-
cation for transfer and plat with any correction to the applicant. A copy of the
transfer and plat shall be recorded 91 the office of the Commission.
6. (Repealed.]

Addendun: Part B, ;D.:'-D

� 28.1-104. Removal of oysters planted by mistake. - W-hen. by any
resurvey of oyster-planting ground or survev made to reestablish the lines of
the State survev of natural ovster beds, rocks, or shoals. which shall hereafter
be made under the direction of the Marine Resources Commission, it shall
appear that any holder, without his own default, and by mistake of any officer
o the State has had assigned to him and included in the plat of his assignment
any portion of the natural oyster beds, rocks or shoals, as defined by law, and
such holder shall file a petition with the Commission for leave to remove such
oysters or shells from such ground, and that without default of the holder and
by mistake of an officer of the State there has been assigned to him and
included in the plat of his assignment a portion of the natural oyster beds, rocks
or shoals, as defined by law, then the Commission may allow the holder a
reasonable time, not exceeding two years, within which to remove such oysters,
their increase and the shells ther@from. (Code 1950, � 28-113; 1962, c. 406.)

Cross references. - For constitutional pro- The cases in the following annotation were
vision relating to natural oyster beds, etc., see decided under repealed � 28-113, corre-
Va. Const., art. XI, � 3. sponding to this section.
This section, as a remedial one. should be
Editor's note. - This section was amended interpreted liberally. It is at least a fair
by Acts 1973, c. 471. The 1973 act, which was assumption that the Commission will. upon a
made effective July 1. 1974. and provided that showing of the required statutory conditions by
it should expire at midnight on that date unless the holder, grant him the right to remove the
earlier reenacted. was repealed by Acts 1974, c. oysters he has Dianted. J.H. Miles & Co. v.
96, effective March 22, 1974, and therefore McLean Contract'ing Co., 180 F.2d -1 89 (4th Cir.
never went into effect. 1950@.

It is a regulation designed to maintain the on such land. is not a denial of due process or
policies of the State. On the one hand, its the equal protection of the law. and is therefore
object is to discharge the trust created by art. not in conflict with those provisions of the
;KI. � 3 of the Virginia Constitution, as to nat- Fourteenth Amendment of the Constitution of
ural oyster beds, rocks and shoals, so as to the United States. Gloucester Seafood Workers'
recover them promptly for the public benefit if Ass'n v. Houston, 35 F.2d 193 (E.D. Va. 1929).
leased by mistake of the State's own official. This section changes the common law,
And on the other hand, its object is to encourage under which oysters planted on natural oyster
the planting and propagation of oysters by land become forfeited to the State. Hurley v.
assuring the lessee that, if innocent, he may Commission of Fisheries, 264 F. 116 (E.D. Va.
recover his planted oysters. Blake v. Marshall, 1920), affd, 257 U.S. 223, 42 S. Ct. 83, 66 L. Ed.
152 Va. 616, 148 S.E. 789 (1929), cited in 206 (192 1); Blake v. Marshall, 152 Va. 616, 148
Gloucester Seafood Workers' Ass'n v. Houston, S.E. 78.9 (1929); J.H. Miles & Co. v. McLean
35 F.2d 193 (E.D. Va. 1929); J.H. Miles & Co. v. Contradting Co., 180 F.2d. 789 (4th Cir. 1950).
McLean Contracting Co., 180 F.2d 789 (4th Cir. And it gives the holder of natu'ral oyster
1950). ground the right to remove planted oysters
It- does not violate art. KI, � 3 of the on certain conditions set out in the section.
Virginia Constitution. - This section does Thus, the ground (1) must have been assigned
not discriminate, but merely restricts the use to him and included in the plat of assignment,
by the public of the public oyster grounds for a (2) without his fault, and (3) by the fault of an
limited period for the purpose of removing the officer of the State. Hurley v. Commission of
property of the planter illegally but innocently Fisheries, 264 F. 116 (E.D. Va. 1920), afril, 257
placed there because of the mistake of the agent U.S. 223,42 S. Ct. 83,66 L. Ed. 206 (1921); J.H.
of the Commonwealth. This, restriction is rea. Miles & Co. v. McLean Contracting Co., 180
sonable and is not contrary to art. XI, � 3 ofthe F.2d 789 (4th Cir. 1950).
Virginia Constitution. Blake v. Marshall, 152 Only when such conditions are effective.
Va. 616, 148 S.E. 789 (1929). - Where the occupier of natural oyster ground
Or the Fourteenth Amendment -of the had not brought himself within the conditions
federal Constitution. - This section, which imposed by this section, the Commission of
empowers the Commission of Fisheries (now Fisheries (now Marine Resources Commission)
Marine Resources Commission) to exclude properly refused to allow him to remove oysters
licensed tongers from the use of the natural from such ground. Hurley v. Commission of
oyster ground for a limited period of time to Fisheries, 264 F. 116 (E.D. Va. 1920), afl7d, 257
enable a planter who, without default on his U.S. 223, 42 S. Ct. 83, 66 L. Ed. 206 (1921).
part and.through the mistakeofan officerofthe
State, has been led to place his private property

� 28.1-105. Larceny of oysters and shells. - Any person other than such
holder, his agent, or employees going upon such ground and taking oysters and
shells therefrom before the expiration of the time allowed such holder, shall be
deemed guilty of larceny thereof. (Code 1950, � 28-114; 1962, c. 406.)

Section gives protection to holder of against the depredations of outsiders. And no
oyster beds. - This section makes it larceny criminal sanctions geern to be provided if the
for anyone other than the holder, his agent or holder removes the oysters without having first
employees, to go upon the ground and remove obtained the requisite permission. J.H. Miles &
the oysters and shells thereupon. Though this Co. v. McLean Contracting Co., 180 F.2d 789
section is criminal, for a violation of% hich only .(4th Cir. 19' E'0), decided under repealed
the State of Virginia can prosecute, it yet serves � 28-114, corresponding to this section.
as a protection to the holder of the oyster beds

Addend=: Part B, p.4

county or citv shall be obtained by an authoritv created by a single political
subdivision. @,ny county, city or town @hich has formed orjoined an authority
may lend money to such authority. The power to borrow set forth in this �
15.1-1232 shall be in addition to the power to issue revenue bonds and
revenue re undina bonds set forth in � 15.1-1232 (h) and � 15.1-1237. Notes,
bonds or other obligations issued under this subsection lp@ shall not be deemed
to constitute a debt of the Commonwealth or of any political subdivision of the
Commonwealth or a pledge of the fait -i and credit of the'Commonwealth or of
any political subdivision of the Commonwealth; and
(q) To adopt such rules and regulations from time to time, not in conflict with
the laws of this State, concerning the iise of properties under its control as will
tend to the protection of such property and the public thereon. All such rules
and regulations shall be subj ect to ch ipter 1. 1: 1 (� 9-6.14: 1 et seq.) of Title 9.
(Code 1950 (Repl. Vol. 1956), � 15-71-1.5; 1950, p. 1246; 1952, c. 401; 1956, c.
472; 1962, c. 623; 1968, c. 613; 1976, c. 483; 1977, c. 381; 1981, c. 182.)

FISH, OYSTERS, SHELLFISH AND CTHER K@RDJE T-T

� 28.1-49.1. Size of fish that may I)e caught; purchase or possession of
undersized fish. - Except as otherwise provided by regulation adopted
pursuant to �� 28.1-23 through 28.146 of this Code, it shall be unlawful for
any person to take, catch or possess ary sturgeon fish; cobia (bonita) which is
less than twenty inches in length; or more than ten percent or two by count,
whichever is greater, of summer flounder (fluke) less than twelve inches in
length. Wheneyer any person has pos,,ession of more than 100 pounds in the
aggregate of summer flounder, the taking, catching or possession of which is
or might be unlawful due to their size, a lot of 100 pounds of such species may
be separated by any inspector from tho whole quantity thereof for purposes of
determining whether more than 10% thereof are under the lawful size for
purposes of-this provision. If less than ninety percent are within the lawful
size, such person shall be presumed gailty of having violated this provision.
Measure of length for purposes of this section shall be from nose to tip of tail.
Any sturgeon fish caught by any person or any fish below the lawful size
herein provided shal I be at once return 3d to, the water.
It shall be unlawful for any dea. er or wholesaler of fish for human
consumption to buy from others or to otherwise possess for purposes of resale
any fish, the taking, catching or possession of which is unlawful, or to possess
for purpose of resale any fish, the tal:ing, catching or possession of which is
unlawful due to the size thereof, as provided herein, unless in the latter case
at least ninety percent of the fish ofeach type mentioned herein are of a
lawful size. Whenever a dealer or wbolesaler of fish has possession of more
than 100 pounds in the aggregate of any variety or species, the taking,
catching or possession of which is or might be unlawful due to their size, a lot
of 100 pounds of each species or variety may be separated by any inspector
from the whole quantity thereof for purposes of determining whether less
than 90% thereof were under or over the lawful size for purposes of this
provision. If less than ninety percent are within the lawful size the dealer or
wholesaler shall be presumed guilty of having violated this provision, if the
fish were bought from others or otherwise possessed for purposes of resale.
(1970, c. 629; 1981, c. 579; 1984, c. 13; 1.985, cc. 546, 615.)

The 1985 amendments. - The first 1985 provisions of this section shall not apply to
amendment in the first sentence of the first persons in the conduct of a retail seafood
paragraph substituted "take, catch or possess" business"; and deleted the third paragraph,
for "take or catch and retain possession of"; in which read "The provisions of this section shall
the first sentence of the second paragraph apply only to the tidal waters of the Common-
substituted "taking, catching or possession" for wealth which are under the jurisdiction of the
"taking or catching and retention or posses- Marinq Resources Commission."
sion" and substituted "taking, catching or The second 1985 amendment, effective April
possession" for "taking or catching or retention
or possession"; in the second sentence of the 31 1985, inserted "more than ten percent or two
second paragraph substituted "taking, by count, whichever is greater, or and deleted
catching or possession" for "taking or catching .which is" preceding "less than twelve" near
and retention or possession" and inserted "by the end of the first sentence of the first
any inspector"; deleted the former last sen- paragraph and added the present second and
tence of the second paragraph, which read "The third sentences of the first paragraph.

Addendum: Par-t B, p.3

(f) To acquire, purchase .. lease as lessee, construct, reconstruct, improve,
extend, operate and maintain parks within or partly within and partly without
one or more of the political subdivisions by action of whose governing body or
governing bodies the authority was created; and to acquire by gift, purchase or
the exercise of the right of eminent domain lands or -rights in land or water
rights in connection therewith; and to sell, lease as lessor, transfer or dispose
of any property or interest therein acquired by it, at any time; provided, how-
ever, that the power of eminent domain shall not extend beyond the geo-
graEhical limits of the political subdivision or subdivisions composing the
aut ority;
(g) To regulate the uses of all lands and facilities under control of the author-
ity;
(h) To issue revenue bonds and revenue refunding bonds of the authority,
such bonds to be payable solely from revenues derived from the use of the
facilities or the furnishing to any political subdivision of park services;
W To accept grants and gifts from the political subdivision forming the
authority, the State of Virginia, the federal government or any other govern-
mental bodies or political subdivisions, and from any unit, private corporation,
copartnership, association or individual;
0) To enter into contracts with the federal government, the Commonwealth
ofVir inia, any political subdivision, or any agency or instrumentality thereof,
or WIT any unit, private corporation, copartnership, association, or individual
providing for or relating to the furnishing of park services or facilities;
W To contract with any municipality, county, corporation, individual or any
public authority or unit of this or any adjoining state, on such terms as the said
authority shall deem proper, for the construction, operation and maintenance
of any park which is partly in this Commonwealth and partly in such adjoin.ing
state;
(1) To exercise the same rights of acquiring property for the construction or
improvement, maintenance or operation of A park as the county or city or
counties or cities by which such authority is created may exercise. The
Foverning body of any unit, notwithstanding any contrary provision of law, is
hereby authorized and empowered to transfer jurisdiction ov*@r, to lease, lend,
grant or convey to the authority upon the request of the authority, upon such
terms and conditions as the governing body of such unit may agree with the
authority as reasonable and fair, such real or personal property as may be
necessary or desirable in connection with the acquisition, construction,
improvement, operation or maintenance of a park, including public roads and
other property already devoted to public use. Agreements may be entered into
by the authority with the Commonwealth of Virginia, or any agency acting on
behalf of the, Commonwealth of Virginia, for the acquisition of any lands or
property, owned and/or controlled by the Commonwealth of Virginia, for the
purposes of construction or improvement, maintenance or operation of a park;
(m) In the event of annexation by a municipality not a member of the author-
ity of lands, areas, or territory served by the authority, then such authority
may continue to do business, exercise its jurisdiction over properties and
facilities in and upon or over such lands, areas or territory as long as any bonds
or indebtedness remain outstanding or unpaid, or any contracts or other obli-
gations remain in force;
(n) To make and enter into all contracts and agreements necessary or inci-
dental to the performance of its duties and the execution of its powers under
this chapter, including a trust agreement or trust agreements securing any
revenue bonds or revenue refunding bonds issued hereunder;
(o) To do all acts and things necessary or convenient to carry out the powers
granted by this chapter;
(p) To borrow at such rates of interest as the law authorizes from the federal
government or any agency thereof, individuals, partnerships, rivate or
municipal corporations, for the purpose of acquiring parklands an improve-
ments thereon, to issue its notes, bonds ori other obligations, to secure such
ob'igalions by mortgage or pledge of the property and improvements being
acquir @d and the income derived therefrom, and to use any revenues and other
income of the authority for payment of interest and retirement of principal of
such obligations; provided that prior approval of the governing body of the

Addendizn: Part B, p. 2

UNDER,UkTER HISTORIC PROP=

10-145.9. Underwater historic property. A. "Undenvater historic
property " shall mean any submerged shipwreck, vessel, cargo, tackle or
underwater archaeological specimen, including any object found at underwater
refuse sites or submerged sites oF former habitation, that has remained
unclaimed on the state-owned subaqueous bottom and has historic value as
determined by the Virginia Historic Landmarks Commission.
B. Underwater historic property s@all be presenred and protected and shall
be the exclusive pro@erty of the @Commoriwealth. Preservation and protection
of such property shall be the respon5ibility of all State agencies including but
not limited to the Virginia Historic Landmarks Commission, the Vironia
Institute of Marine Science, and the Virginia Marine Resources Commission.
C. It shall be unlawful for any person, firm or corporation to conduct any type
of recovery operations involving Oe removal, destruction or in any way
disturbing any underwater historic property without first making application
to and receivingua permit from the Virginia Marine Resources Commission for
apermittocon ct such operations pursuant to � 62.1-3 of the Code of Virginia.
If the Virginia, Marine Resources Commission, with the concurrence of the
isto
Virginia H ric Landmarks Commi@,sion and in consultation with the Virginia
Institute of Marine Science and Other concerned State agencies, finds that
granting the permit is in the best interest of the State, it shall grant the applicant
a permit. The permit shall require that all objects recovered shall be the exclusive
property of the Commonwealth. The permit shall provide the applicant with a
fair share of the objects recovered, or in the discretion of the Virginia Historic
Landmarks Commission, a reasonal le per centurn of the cash value of the
objects recovered to be paid by the Virginia Historic Landmarks Commission.
Title to all objects recovered shall be retained by the Commonwealth unless or
until they are released to the applicant by the Virginia Historic Landmarks
Commission. All recovery operations undertaken pursuant to a permit issued
under this section shall be carried out under the general supervision of the
Virginia Historic Landmarks Commission and in accordance with � 62.1-3 of the
Code ofVirginia and in such a-mantier that the maximum amount of historic,
scientific, archaeologic and educational information may be recovered and
preserved in.addition to the physica', recovery of items. The VirlTinia Marine
resources Commission shall grant n) such permit to conduct such operations
at substantially the same location described and covered by a permit previously
granted if recovery operations are being actively pursued under such previously
granted permit, unless the erson, firm, or corporation holding the previously
granted permit concurs in ge Mnt of another permit.
D. The Virginia Historic LanJmark:i Commission may seek a permit pursuant
to this section and � 62.1-3 of the Code of Virginia to preserve and protect or
recover any underwater historic property.
E: Any person violating the provisic ns of this section shall be guilty of a Class
I misdemeanor and, in addition, shall forfeit to the Commonwealth any objects
recovered. (1976, c. 579.)

POWERS OF AUTHORITIES

� 15.1-1232. Powers of autho.rity. - Each authority created hereunder
shall be deemed to be an instrumentality exercising public and essential gov-
ernmental functions to provide for the public health and welfare, and each such
authority is hereby authorized and empowered:
(a) To have existence for such tet rn of years as specified by the participating
political subdivisions;
(b) To adopt bylaws for the regulation of its affairs and the conduct of its
business;
(c) To adopt an official seal and alter the same at pleasure;
(d) To maintain an office at such place or places as it may designate;
(e) To sue and be sued;

Addendum: Part B, p.1

D=GATION OF POWERS

2.1-39.1. Delegation of powers. The Governor is authorized to desio--nate
and fMrmn ower any secretary or other officer in the executive branch @vlo is
requ to be confirmed by the General Assembly or either house thereof, to
erform without approval, ratification, or other action by the Governor any
unction which is vested in the Governor by law, or which such officer is required
or authorized by law to_perform only with or subject to the approval, ratification
of the Governor-, provided, however, that nothing contained herein shall relieve
the Governor of his responsibility in office for the acts of any such secretary or
officer designated by him to perform such functions. Any' designation or
authorization under this section shall be in the form of a written executive order,
shall be subject to such terms, conditions, and limitations as the Governor may
deem advisable, and shall be revocable in whole or in part at any time by the
Governor. (1976, c. 731.)

BOUNDARY LINES

� 7.1-4. Boundary line between Virginia and North Carolina. - The
boundary line between Virginia and North Carolina having been run part of
the way by Joshua Fry and Peter Jefferson, commissioners from Virginia,
together with others from North Carolina; and after the inhabitants of this
Commonwealth and those of North Carolina had settled themselves farther
westward than the line was. so run, the General Assembly of Virginia having,
at October session, 1778, 'passed an act under which Thomas Walker and
Daniel Smith were appointed commissioners on the part of this State to meet
others on the part of North Carolina, and extend and mark the line between
Virginia and North Carolina, which commissioners on the part of this State
made a report of the line run under the act; and the line so run, commonly
called and known by the name of Walker's line, having been established as the
boundary between North Carolina and this Commonwealth, first by the
legislature of that state, and then, on the seventh of December, 1791, by an act
of the General Assembly of this State: It is hereby declared that the line so run
by Fry and Jefferson, and afterwards extended by Walker and Smith as before
mentioned, constitutes the boundary line between Virginia and North
Carolina; but the claims for lands lying between Walker's line and the line
commonly called Henderson's line, are to be decided in favor of the oldest title,
whether derived from this Commonwealth or from the State of North Carolina.
(Code 1950, � 7-3; 1966, c. 102.)

� 7.14.1. Boundary line between Virginia and North Carolina
eastward from low-water mark of Atlantic Ocean. - The boundary line
between Virginia and North Carolina eastward from the low-water mark of the
Atlantic ocean shall be and hereby is a line beginning at the intersection with
the low-water mark of the Atlantic ocean and the existing North
Carolina-Virginia bowidary line; thence due east to the seaward jurisdictional
limit of Vir 'nia; such boundary line to be extended on the true ninety degree
bearing as Far as a need for further delimitation may arise.
This section shall become effective upon the ratification and approval
thereof, and concurrence therein, by the General Assembly of the State of
North Carolina and upon the approval of and consent to this section by the
Congress of the United States. (1970, c. 343.)

Addendum: Part A, p.1

Errata Sheets for the DEIS Appendices

Appendix I-1: List of Activities Waich Contribute to the
Management of Virginia's Coastal Resources

The Land Evaluation and Site Assessment System (LESA) being
implemented by the Virginia Department of Agriculture and Consumer
Services is added to the list.

Appendix II-1: Federal holdings in Virginia's CRM Management Area
by Planning Districts.

Cnanges in land holdings for tae U.S. Air Force and the U.S.
Navy are as follows:

U.S. Air Force

1. Langley AFB acreage should be @:)wned: 2883.0; lesser interest:
269.0

2. Langley Family Housing Annex a,3reage should be owned: 284.0;
lesser interest: 4.0 (Poquoson)

3. Byrd Field acreage should be owned: 0; lesser interest: 143.0

4. Properties no longer owned or Leased by U.S. Air Force:

Morrison Radio Beacon Center
Cape Charles Communication Facility
Cape Charles Facility Annex
Langley Missile Site

Addendum: Part A, p.2

U.S. Navy

1. Add Lafayette Branch Annex, 14.91 acres (owned) Norfolk,
Navy.

2. Northwest Security Gr oup Activity: Change acres to 4032-76.

3. Change Gallop Farm Housing Site to Carper Housing Site, 97.62
acres.

4. Naval Ship Engineering Center (0.05 acre) and Human Resource
Management Center (0.05 acre) are leased, not owned.

5. NAVSUPCEN Craney Island Fuel Section: Change acres to 895.14.

6. Norfolk Naval Shipyard: Change acres to 764.28.

7. Na val Ammunition Depot, St. Juliens: Change acres to 499.47.

8. Add St. Helena Annex, 31.53 acres (owned), Norfolk, Navy.

9. Delete Naval Electronics Systems Engineering Center; it is
included in Naval Shipyard Norfolk.

10. Add Gosport Housing, 56 acres (owned) Portsmouth, Navy.

11. Add Stanley Court Housing, 15.63 acres (owned) Portsmouth,'
Navy.

12.' Amphibious base Landing Beach Area, Camp Pendleton: Change
acres to 358.32.

13. Delete Explosive Ordance Disposal Group; it is included in Ft.
Story.

14. Naval Air Station, Oceana: Change acres to 5331.42.

15. Naval Auxiliary Landing Field: Add Fentress and change acres
to 2556.09.

16.- Add Wadsworth Housing, 74.67 acres (owned) Virginia Beach,
Navy.

17. Camp Peary: Change acres to 9273.99.

18. Naval Weapons Station: Add Yorktown and change acres to
10624.28.

19. Delete Copeland Park; it is no longer leased.

20. Combine Tangier North Site, Tangier South Site, and Onancock
Municipal Dock to read Tangier Island Site, 0.40 acres
leased).

Addendum: Part A, p.3

Appendix III-1: Legal Authority to Manage Virginia's Proposed
Coastal Resources Program

This appendix confains a letter from the Virginia Attorney
General's office on the authoriti,?s of the Virginia program and a
draft Executive Order. They hav,a been replaced by an updated
authorities letter and a revised, signed Executive Order which are
now located in the text of the FEES document.

ADDENDUM

Part A: Errata sheets for the EEIS Appendices

Part b: Additional sections of the Code of Virginia
that relate to The Virginia Coastal Resources
Management Program

*Codes of Virginia, 1985 and Earlier, pp. 1-39.

Codes of Virginia, 1986 Session, pp. 40-67.

*Part B.1 See pp. 67-70 for Additional Virginia Code Sections,
1985 and earlier.

PART X - ERRATA SHEET FOR THE APPENDICES PRINTED WITH THE DEIS/VCRMP

Page 2
Mr. Joseph A. Uravitah

Act and in the amendment of It. It is my opinion, shared by many others,
that the General Assembly will reopen the question of sand dune zoning
when they meet e'arly next year. There is a definite danger that the pro-
tective provisions of the Act will be weakened.

I recommend that NOAA withhold approval of the Coastal Resources
Management Program until it has been determined whether the Coastal Primary
Sand Dune Act will remain in effect as it now stands or whether it will be
unacceptably weakened by next year's General Assembly. I fully recognize
the advantages to Virginia, and to the federal government as well, of having
an approved coastal zone management plan. There is strong evidence, however,
as cited above, that Elie plan rests on shaky ground. For that.reason I urge
that you wait until the issue of sand dune manigement is clarified. if the
Assemblv leavLs Elie present management gyStelll intact, the Commonwealth pro-
gram should be approved. If the Assembly signilicantly weakens the Sand
Dunes Management Law, however. Elie plan should not be approved until this
surious d,ficiencv i.@ re,tii ied.

Yours trulv,

Carvel Blair, Ph.D.
Chairman, Coastal Zone/
Marine Resource Committee

19 October 1985

Jon V. Shay
649 South Atalntic Ave
Virginia Beach, Va.
Regional Manager Great Lakes and 23451
South Atlantic Regions,
Office of Ocean and Coastal
Resource Management,
Attn: Joseph A. Uravich
3300 Whithaven St. N.W.
Washington, D.C. 20235 C/O Department of Oceanograp
From: Mr. Jon V. Shay Old Dominion University
To: Mr. Joseph A. Uravich Norfolk, VA 23508

Subj: ADDITIONAL INFORMATION REGARDING IRREGULAR/QUESTIONABLE PROCEDURES BY
STATE OF VIRGINA AGENCIES IN THE ENFORCEMENT OF THE PRIMARY nUNE OCT OF 1982 Mr. Joseph A. UraVitah
AND THE 1972 WETLANDS OCT. Office of Ocean and Coastal
Resource Management, NOAA
Ref: (a) My letter to you of 7 Oct, 1985 3300 Whitehaven Street, N.W.
Washington. DC 20235
Encl: (1) Virginia Pilot/Ledger Star article of 6 Oct, 1985'
(2) Virginia Pilot/Ledger Star article of 16 Oct, 1985 Dear Mr. UraVitah:
(3) Virginia Pilot/Ledger Star article of 18 Oct, 1985 On the first of October I testified at the public hearing held in
Norfolk on the COMmonwealth of Virginia Coastal Rrsources Management
Good Day Sir. As I stated in ref (a), I regard the performance of Virginia's Program and draft Environmental Impact Statement. This letter further
various a
gencies tasked with enforceing the laws designed to protect our documents the opinions I stated at the hearing. I am writing not only as
wetlands and coastal dunes UNSATISFACTORY. Enclosures (1-3) illustrate why I
a citizen and a professional oceanographer, but also as Chariman of the
strongly fell Federal intervention is necessary in order to correctly regulate Norfolk Wetlands Board and Chairman of the Coastal Zone/Marine Resource
the preservation of Virginia's dunes and wetlands. Committee of the Virginia Wildlife Federation.
Please take the time to read Enclosures (1-3). It appears the politically My concern is for management of Virginia's sand dunes. As you know
appointed Virginia Marine Resource Commission cannot comply with Virginia's one of the core regulatory programs on which the program is based is the
statutes as they rule on cases before them. Additionally, I feet the VMRC has
dictated policy to the Norfolk and Virginia Reach Wetlands Boards which is Coastal Primary Sand Dune Protection Act in Chapter 62 of Virginia's code.
unjust and not in keeping with the spirit/intent of the Wetlands Act of 1972 This law passed in 1980 gives regulatory authority over all enviroments
and the Primary Sand Dune Act of 1982. in the coastal primary sand dunes to the Marine Resources Commission. The
Commission in most cases has delegated this authority to the cities and
I appeal to you for action. Please advise our governor that his state must counties, including both Norfolk and Virginia Beach. In my opinion the
enforce these laws or change them. Continued disregard of Ordinances on the 'program worked very well from its inception until earyl this year when the
books will result In the witholding of Federal Coastal Management Grants for Act was amended by Ceneral Assembly House Bill 1769. This bill dealt with
the state of Virginia. a small area of the Sandbridge Beach Subdivision in the City of Virginia
Beach. It stated that the Wetlands Board was not to prohibit the owners
Thank you for your time in considering these points. Your cooperation, action of lots in that subdivision from "erecting and maintaining protective
and reply Is most greatly appreciated. bulkheads". The bill was passed by large majorities in both houses and
approved by Governor Robb. Thus the law now exempts one small area from
Respectfully, provisions of the law that gOVerns every other ocean front owner in the
Commonwealth. In July, Delegate A. Victor Thomas, Chairman of the House
Committee on Conservation and Natural Resources, convented a special sub-
committee to study the impact of House Bill. Delegate Thomas stated Jon V. Shay committee to study the imp act of Hous Bill 176
Croatan Reach that the General Assembly "still must address the issue of what is an
appropriate balance between the rights of property owners and the preser-
vation of Virginia's wetland areas."

The subcommittee toured Sandbridge and held a hearing. There was
and remains considerable public interest-both pro and con-in the Sand Dune

"An Affiliate of the National Wildlife Federation"

-2-

Calvert H. Seybolt Joseph A. Uravich
Fenway Studios Apt. 401 Regional Manager Great Lakes and
30 Ipswich St. South Atlantic Regions,
Boston, Massachusetts 02215 'Office of Ocean and Coastal
Resource Management,
3300 Whithaven St. N.V.
Volume I VI-7 (E) Waterfront Recreation and Land Acquisition Washington, D.C. 20235

in this they discuss the Virginia Supreme Court in Bradford vs.
Natures Coservancy 1982. This discusses the existence of certain Sir,
common lands that provide access for public fishing, fowling,
and hunting on certain wetlands and interticial zones. I think I am very pleased to see the question of protecting Virginia's coastal reaches (dunes
the report should mention that it was shown that marshland granted in particular) being referred to the Federal level. I reached the conclusion long ago
prior to 1830 and intertidal strips granted prior to 1770 are that the City of Virginia Beach's Wetlands Board, Wetland Engineering Department,
exempted from common access. Planning Commission,the Virginia Marine Resources Commission and the state's General
Assembly cannot/will not properly enforce the regulations of the Coastal Primary Sand
Volume I page 148 and 149 Barrier Islands Dune Act. My reaction to the consistant disregard of this statute the above agencies
have exhiblted In allowing building to progress in the dune line at Croatan Beach is
in this they correctly state that Assawonlan Island is 100 percent one of remorse and disillusionment:
privately owned. However it should be added that the Northern
1/2 mile of Metarkin island, is also held by the owner of Assa- "It is a proven fact-that tearing into dunes to build an oceanfront home is not
woman Island. smart. There Is a law against it - Why are builders still bulldozing the dunes
and putting up houses?"
These are just a few comments after going through the report.
I hope to attend your hearing in January. If our current law is not practical - let's change it. I believe the Coastal Primary I
Sand Dune Act Is a wise piece of legislature ... We should ensure our government agencies
enforce it to the letter.
Sincerely,
I strongly encourage you to withold Federal Coastal Management Grants for the state of
Virginia until our various governing bodies can live by the rules or the provisions of
the Coastal Primary Sand Dune Act are changed.

Calvert Sey

Very Respectfully,

Jon V. Shay

P S The below signed residents of Virginia Beach agree with my sentiments:

October 7, 1985 Calvert H. Seybolt
Fenway Studios Apt 4601
30 Ipswich St
Mrs. Kathleen H. Schumacher Boston, Massachusetts 02215
2552 s. Sandfiddler Road
Virginia Beach. Virginia 23456

October 23, 1985
Mr. Joseph A. Uravich, Regional Manager
Great Lakes and 3outh Atlantic Regions
Office of Ocean and Coastal Resource Management
3300 Whitaven Street, N.W.
Washington, D.C. 20235
U.S. Dept. of Commerce
Dear Mr.Uravich, National oceanic and Atmospheric Administration
office of Ocean & Coastal Resource Management
As a homeowner on the ocean front in Sandbridge, Virginia 3300 Whitehaven Street
Beach, Virginia, I along with my neighbors share your concerns Washington, D.C. 20235
for dune protection. While living, on a dune we do our best to
protect the dune by planting, fertilizing, fencing and request- Attn. Ms. Cradick
ing beach visitors to stay off the dunes, which children espe-
cially find so tempting. Dear Ms. Cradick:
Our house was built (approximately)in 1955 and my husband I believe that this is a few days beyond the comment deadline
brought it in 1970, eight years after the "Ash Wednesday" storm
in 1962. The point being that the "dune" has changed dramtically
throughout the years and throughout many storms.
The dilemna now is that we do not know where the primary but I hope it will be looked at and reviewed. First, let me
dune starts and ends, and quite frankly, no one seems to know or state I am writing as a landowner. My family si the owner of
have the same opinion. Beyond this, we really don't know what Assawoman Island and part of Metomkin Island known as Gargathy we can and connot do with our property, ie shoveling sand off Beach.
driveways, walkways, septic tanks and etc. We have been told Beach.
previously by the Virginia Beach officals that this is not per- I have a few comments concerning the commonwealth of Virginia's Coastal
mitted, which defies all logic. While wanting to respect and Coastal Resources Management Program and Draft Environmental Impact Statement.
stay within the laws, where else but the dune would you put sand Impact Statement.
from a storms' surge?
First a general comment that as out of state landowners, we did
not have knowledge or an opportunity to work with the people from the Virginia State office dur
As Regional Manager of the Sandbridge area for the Federal
the Virginia State Office during the period they were putting
government, it would be greatly appreciated if you would send me this exhaustive report together. It would have been easier if
your written opinion of what is a primary coastal dune. where they had approached the Natures Conservancy and ourselves direct-
does it begin and end and what are the property rights when living ly as as a group, we are the holders of 14 out of the 18 islands.
on a dune?
ThanKing you in advance for your kind attention and assist- I have the following specific comments concerning the report.
ance, I remain
Volume I V-12 (3) Priority of use
Sincerely yours, In it they state that the highest priority use of the Barrier
Island is Preservation and uses of lower priority are fishing,
fowling, and hunting. I feel that fishing, fowling, and hunting
are also highly important to history of the Barrier Island.
It must be remembered that the Barrier Islands has fishing,
fowling, and hunting communities. Most of these islanda are less
Kathleen M. Schumacher developed now than they were previously.

natural marine manufacturers association 353 lexington avenue
401 N. Michigan Avenue new york, new york 10016
Chicago, Illinois 60611 (212) 684-6622
(312)836-4747 telex 649041
twix: (910) 333-4107

2346 Hunter Mill Rd.
Vienna. VA 22180
December 19, 1985 Office of Ocean and Coastal Resource Management
National oceanic and Atmospheric administration
Department of Commerce
Mr. Joseph A. Uravitch 3300 Whitehaven Street, n.W.
Great Lakes and South Atlantic Regional Manager Washington, D.C. 20235
Office of Ocean and Coastal Resource Management
3300 Whitehaven Street. N. W. gentlemen:
Washington, D. C. 20235
I have reviewed your August publications on "shaft and
Bear Mr. Uravitch: Impact statement and the virginia CoAstal resource
had, found it very interesting note that
I have read your Draft Environmental Impact Statement on mailing list,, but to make sure that your we presently
the Commonwealth of Virginia Coastal Resources Management Program be sure that your mailings are addressed to me.
and found it to be quite good.
Sincerely,
My few comments are as follows: page 156 at the top starts
off from urban runoff--this sentence is incomplete; page 160. the
American oyster name Crassostrea virginica should be underlined
and bivalve at the bottom of the page should be spelled correctly; Lars Granholm
don't forget the necessary appendices in the back and put the Director, of Technical Services
references for tables (i.e. page 177 - Table 2) and figures
(i.e. page 181 - Figures 1, 2 and 3) where needed. Also other
tables and figures should be referenced throughout the draft. lg/cc//CC 2

Sincerely yours.

Glenn A. Matthews
Belvedere Farm. Inc.

commonwealth of virginia

department of emergency services 310 turner road
richmand, virginia 23225-6491
(804) 323-2899

september 4, 1985

memorandum

to: keith j. buttleman
council on the environment

from: james m surratt
director, plans division

subject: review of virginia coastal resources management program and
associated deis

subject document was reviewed, and our department has no comments
to offer other than to say we are happy that virginia has submitted its
coastal resources management program for approval to participate in
the federal program.

jms/wak/jgl

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49 e -W It"

Mr. Larry Minock Mr. Larry Minock
October 2, 1965 October 2, 1985
Page Two Page Three

To assemble a council staff capable of "monitoring all I have discussed this letter thoroughly with Commissitin,
state actions which would affect coastal resources" would Pruitt and Fred Fisher, and both are in agreement with m@
most likely exceed the federal funds which'might accrtie from concerns.
approval of the plan. To date we are the only agency with
direct experience in the administration of such an oversight With all good wishes, I am
process under the wetlands program. In that instance we have
the advantage of a carefully developed legal policy, achievable Sincerel@,
standards and scientifically proven guidelines t.o help assure
consistency among regulatory boards as well as to assist in the
administrative review of decisions which do not achieve the legal
policy and standards or fail to accommodate the guidelines. Such
a program offers an 6xcellent chance of sustaining a judicial
challenge. The concept embodied in the draft Executive Order on
the other hand, superimposes an unstructured administrative NE L
process over legally mandated decision processes that are alread@ HM
subject to judicial review. VC: 14r. William A. PrUltt
I must confess that we viere under the impression, prohabl@ Mr. Frederick S. I if;hei
as a result of verbal assurances, that the Virginia program simpl@
describes the way business is currently conducted. Upon review,
however, we see radical departures. For example, the simple act
of prioritizing uses of geographical areas of particular concern
may well interfere with the legal responsibilities of local boards
and VMRC to weigh all factors involved in a decision and select
the alternative offering the greater overall public value.
Similarly, by giving the authority for federal consistency deter-
minations to the Council on the Environment, a potential veto is
superimposed over existing state and federal decisions if the
opportunity offered is exercised.

Again, we fully recogni7e that the danger is not in a
zealous council staff fully exercising its authority, but rather
in the excruciating and often conflicting pressures from outside
interests demanding that they do so. I feel sure that is why
our General Assembly, in its long reliance an the citizen
commission form of government, has carefully developed checks
and balances against both abuse of authority and the improper
application of pressure.

Unfortunately, I don't have any simple ans%@Prs to the problems
I have raised. I do, however, believe that the responsibility and
authority of the council staff must be more narrowly defined if the
Administrator is to avoid becoming the de facto czar of all coastal
decision processes.

NOUN*

THE COLLEGE OF WILLIAM AND MARY
VIRGINIA INSTITUTE OF MARINE SCIENCE
SCHOOL OF MARINE SCIENCE 7 COMMONWEALTH of VIRQINIA
WILLIAM A. PRUITT Alarine
24 September 1955 commission.,
ROBERTO CRAFT
_,o, Ch.ef Adm-%jfaj-,-a Fa- . . .....
ls,.l .97- NORMAN E LARSfN .. ....... .. '-A
Mr. Keith Buttleman. Administrator
Council on the Environment
903 Ninth Street Office building
Richmond. VA 23219 October 2, 1985

Dear Mr. buttleman;

We have reviewed the draft environmental impact statement prepared
by the Office of Ocean ad Coastal Resource Management, National Oceanic and Mr. Larry Minock
Atmospheric Administration on the proposed Commonwealth of Virginia Coastal
Resources Management Program. Council on the Environmen
903 Ninth Street Office Butilding
We feel this draft document presents Virginia's program in a fair Richmond, Virginia 232 19
and generally comprehensive manner. I have only two minor comments which I
believe would provide a better picture of the program to a reader not Dear @ Rrr.!
..6.1maly luvviveo in @osstai aesources management in Virginia. This responds to Keith's memorandum of August 22, 1985
1. The Virginia Institute of Marine Science's day-to-day provision of which forwarded the Commonwealth of Virginia Coastal Resources
technical and scientific advice to local wetlands boards and state Management Program and Draft Environmental Impact Statement
regulatory agencies is mentioned on page V-6 and in Appendix 1-1. 1 and requested our review and comments.
believe this assistance should be mentioned whenever the program is
discussed, but particularly in the summary (page 3) and on p. 176 in It appears that the draft Executive Order would insert
paragraph 2 under the Wetlands MariagemSS.1 heading. the staff of the Council an the Environment and the Secretar@
of Commerce and Resources directly into every aspect of every
2. The steady annual rise in'shorelice permit applications handled by the regulatory process. Such a tremendously broadened role appe@ii
local wetlands boards has not been matched by increases in local to conflict with the. citizen commission regulatory process and
financial or technical assistance. The importance of these volunteer the legal authority of that decision mechanism.
boards to the Commonwealth's successful habitat protection program
should be recognized by establishing a high priority for CRM funding to Under such an arrangement a serious problem would likely
be passed to the localities for their support. emerge as special interests begin to demand that the Council
staff and the Secretary exercise their prescribed conflict
The Commonwealth of Virginia has developed a strong &ad effective resolution responsibilities in nearly every regulatory action.
Coastal Resources Management Program with state resources. I believe this The volume of such requests would quickly overwhelm both the
program can be strengthened and enhanced through closer worki .ng current Council staff as well as the staff of the regulatory
relationships with federal agencies as envisioned in the Coastal Zone agencies themselves in preparing the Secretary to deal appro-
Management Act. The Virginia Institute of Marine Science in looking forward priately with the issues involved. Resultant unacceptable
to working with the Office of Ocean and Coastal Resource Management once delays in the decision process would inevitably occur. Nomerous
again as part of the Commonwealth's Coastal Resources Management team. examples spring quickly to mind of which the dredging of Iloskins
Creek and the Sandbridge bulkhead issue are only two recent
/
S ones.

'I,

%11goo.1 230(12 1804) 642 '(W

COMMONWEALTH of VIRGINIA COMMONWEALTH of VIRGinia
DEPARTMENT OF HIGHWAYS III TRANSPORT
1221 EAST BROAD STREET
COMMISSION OF GAME AND INLAND FISHERIES RICHMOND, 23719
Box 11104. Richmond. 23230-1104
September 30, 1985
MEMORANDum

TO; Charlie Ellis
Council on the Environment Mr. K. J. Buttleman

Counci I on the Environment
FROm: Jack Randolph 903 Ninth Street Office Building
Richmond, Virginia 23219
DATE: September 24, 1985
SUBJECT: Comments on Virginia's Coastal Resources management Program and Re: Draft - EIS Proposed Coastal Resources Management
Draft Environmental Impact Statement Dear mr. Buttleman:

Overall, this is a thorough management plan with environmentally sound goals We have reviewed the subject document and understand tha
and objectives. The priorities stated for the geographic areas of particular to be funnelled through the Council. The Department's main concern with the
concern (GAPC) and overall program appear to be consistent and sound, although proposed program is in the area of potential delay required for a consistency
actual implementation and enactment of. them could be affected by specific and determination with the provision for 45 days to inform the federal agency of its
local socio-economic factors so that they might change in the final run. agreement or disagreement with the consistency determination.

From a wildlife standpoint, we feel the program is lacking in that it We would urge that this procedure be considered on a system basis rather than a
addresses wildlife only in the GAPC section through wildlife management areas. project -by-project basis since the volume of projects would naturally require a
This probably stems from the idea that the primary financial benefit of large amount of staff time 'which has already been applied to the existing
wildlife is hunting and fishing. A more realistic approach would be to treat process.
the coastal zone as a unique ecosystem and manage it as community, recognizing
each integral part.It appears this has been done for the most part except we would hope procedures could be developed that would consider the present
for wildlife ommission. the commission's jurisdiction here reaches beyond requirements of the various agencies involved in the clearance of highway projects.
fishing, boating, and hunting regulations to the endangered and threatened
specie: and nongame protection. Although financial benefits are not as We will be glad to discuss this further with you at the appropriate time.
obvious for nonconsumptive wildlife, there are far more users, recreation
hours, and expenditures according to the National Survey of Fishing, Hunting Sincerely
and Wildlife Associated Recreation in Virginia. The Commission's
responsiblity for conservation of all wildlife in the Commonwealth should j. s hodge
somehow be incorporated throughout the program. In conclusion, the priorities /director of engineering
I conservation and preservation should be paramount for the Commonwealth's
extremely sensitive and productive coastal zone.

KT/RHCJr/sp

cc: Mr. R. L. Hundley

AN EQUAL OPPORTUNITY EMPLOYER

TRANSPORTATION AMERICA'S LIFELINE

COMMONWEALTH of VIRGINIA
Department of Health
Richmond. Pa. 23219

MEMORANDUm

To: Keith j buttleman
to: Mr. Keith J. Buttleman, Administrator council on the environment
Council on the Environment
from: james m surrett
from: Mr. Eric H. bartsch, P. E., Director Director,Plans division
division of water programs

subject: review of virginia coastal resources management program and
DATE: October 8, 1985 associated deis

subject document was reviewed, and our department has no comments
subjeCT: Review of Virginia Coastal Resources Management to offer other than to say we are happy that virginia has sumitted its
Program and Associated DEIS coastal resources management Program fro approval to participate in

as requested in your memoradnum dated august 22, 1985, my staff has reviewed

the subject draft environmental impact statement and concurs with the proposal. jms/mak/jgl

ehb/jc

In addition to the waterborne commerce associated with Mr. Keith J. Buttleman
Virginia ports. Virginia's waters provide passage to the Port of September 12, 1985
Baltimore. the nation's fifth largest in total tonnage in 1982 with a Page -2-
42-foot channel,_A@@@.
Both commercial shipping and defense-related use of Virginia's
waterways require the maintenance of certain minimum depths in the major could be used as a tool to determine the best use classification of land
channels whicn entail either constant or periodic dredging, depending in the coastal management area. Reference to this could be added to the
on the rate at which they fill. In addition, dredging to facilitate re- List of Activities Which Contributes to the Management of Virginia's
creational boating involves the removal of thousands of cubic yards of Coastal Resources, Appendix 1-1 of Volume II of the Draft EIS.
bottom annually. Enclosed is a paper e@plaining the LESA system. For additional
Commercial transportation. fishing, and recreational boating information on this subject, please enntart T. (Iraham CoPelan,1, Jr.,
Director of Agricultural Opportunities, Department of' Aj.,,riculture
uses of coastal waters are restricted by the natural shoaling of waterways Consumer Services, telephone no. 786-3539.
and may be aggravated by man's onshore activities which create sediment.
Land disturbances which accompany farming or precede construction onshore
may result in an increase in sediment deposited in coastal waters, often
hastening the filling in of navigable Channels. Shoreline and bottomland EAF:bmc
alterations may disrupt or alter natural sediment transport patterns and Enclosure
may hasten Channel filling. Because of competing sn2oErLeLliju-Is and the Af
environmental problems caused by contaminated fivall. the availability of 4u,@-Wq cc: (ommissioner S. !!.ason
suitable sites for dred9LJ&#&4I disposal is rapidly Dr. Berk-@on@@ 'I. Farmer
4U4*t1 4
b. National Defense

c. Recreation and Tourism

Recreation is probably the most significant use of Virginia's
coastal waters in terms of numbers of persons involved. Each year millions
of people from all parts of the Commonwealth and from out-of-state travel
to the water's edge to enjoy Such activities as swimming, boating. fishing,
surfing. picniCKiny and camping. Many others who live along the shores
enjoy the same activities but do not travel to enjoy them and, thus. do
not appear in travel statistics. With the addition of the thousands of
Virginians employed in tourism and recreation related businesses, the
impact coastal recreation has on the state's economy as well as the enjoy-
ment of its citizens is great.

Facilities associated with recreational use of Virginia's
coastal waters are widespread and include at least 34 fishing Piers,. 830
acres of beaches on the Atlantic or Bay. and more than 18,00U public and
private campsites. Boating accounts for the greatest number of developed
facilities with over 160 public boat launching ramps and over 290 marinas
in addition to those numbered above. Estimates of use are difficult to

do not extend as far up the tributary r
time of lower average freshwater inflow
extreme situation were the effects of T
during A ich freshwater input to the es
than normal for that time of year (June
COMMONWEALTH of VIRGINIA seri ously affect the day's environment,
salinity than normal to reach far upstr
bOARD OF COMMISSIONErS virginia port authority .-0.- Salinity values also vary from
robert n spilman chairman 600 world trade center with the denser, higher salinity water
frank w kellam, vice chairman norfolk, virginia 23510 Virginia's Eastern Shore. due primarily
omer m bunn rotation known as the Coriolis force.
j harwood cochrane September 16, 1985 Virginia's coastal waters are u
gordon l crenshaw of irreplaceable value to the citizens
gene b dixon jr commerce, food production, recreation,
living organisms. The biological produ
Mr. Keith J. Buttleman waters forms the base of large commercqi
Administrator dustries a6d is a source of pleasure to
Virginia council on visitors.
the environment
903 ninth street ofice bldg a . Transportation
Richmond , Virginia 23219
Commercial transportation a
Dear Keith: significant to tne national as well as
The coastal resources management program and draft .nore than 6d mi I I ion tons ot foreign tr
Environmental Impact Statement has been reviewed. enclosed ports in the nation in volume of total
is a copy of pages 152-153 showing the proposed changes Virginia ports account for approximatel
foreign trade tonnage. Coal was the ]a
sincerely yours, fuel oils were the largest import comqino

Virginia's port complex inc
harbors in the world and two inland riv
R. Todd Coy narbor and snipping center consists of
Director of planning Norfolk, Portsmouth and Chesapeake, a nl
RTC/cmw maintained 45-foot aeepwater channel .
Attachment the Potomac, served by a 25-foot channe
41- an -tifirialli, maintained channel of 2
and 18 teet to the barge terminal just
number of individual industries send an
using their own docks. These include A
Hopewell (chenicals snipped by barge),
Point on the York (pulpwood), and the A
amorg others.

In 1974, direct port-relate
for 108,OOU persons. With the addition
related indi rectly to ports, total wage
of P1,

DIVISIONS
FORESTRY
HISTORIC LANDMARKS

LITTER CONTROL
PARKS AND RECREATION
SOIL AND WATER CONSERVATION
COMMONWEALTH of VIRGINIA COMMONWEALTH of V
a. MASON CARDAUGH
COMMISSIONER DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
DEPARTMENT OF CONSERVATION AND HISTORIC RESOURCES Planning and Development
1100 Washington Building, Capitol Square
Richmond. Virginia 23219 (804) 786-2121 P.O. Box 1163. Richmond. Virginia 23209
September 12, 1985
September 16, 1985

MEMORANDUM:

TO: Mr. Keith J. Buttlenan
MEMORANDUM Administrator
Council on the Environment
TO: Charles H. Ellis
Council on the Environment FROM: Earl A. Finch
FROM: Bonnie S. Greenwood, Administrative Staff Specialist SUBJECT: Review of Virginia Coastal Resources Management Programs
and Associated DEIS
SUBJECT: Review of VA Coastal Resources Management Program and
Associated DEIS
The Coastal Resources Management Program is
his department has addittonal comments concerning soil and water forth in the Draft Environmental Impact Statemen
conservation.* If you are still at a stage -here these comments could be zone management seems to place most of the concept of coastal
reviewed. it would be appreciated. objectives including wetlands and dunes. In Vol
Part I. item e, page 3, there is reference to no
Page V-18 We have questions concerning 30.000 acres and 300 control from soil erosion and non-agricultural r
acres per year. It Is suggested that you contact state programs (BMPs) for the reduction of nonpoint
Bob Byrne or Scott Hardaway at Virginia Tnstitute of from agriculture and urban areas.
Marine Science.
Page V-20 (first paragraph) Delete the last 2 sentence a of On page 7. item C-d states under the Feder
develop a management program that amon- other th
the paragraph because development Is occurring or inland and seaward areas subject to the manageme
has occurred along highly eroding shoreline. A
letter dated 12/19/84 from Gerry Seeley. Division of The "inland" boundary of the Coastal Zone o
Soil and Water Conservation, to Keith Buttleman defined in Item A, Chapter II of Volume I of the
requested the same change. includes about 29% of the state's total land are
farmland. Forestland is also important, account
Page V-21 (first paragraph) Delete the first 2 sentences as in the Tidewater area.
they do not apply to the tidal area of Virginia.
The damage from Camille and Agnes were above the Much of the agricultural land in the manage
fall line. the shoreline areas of the bays and their tribut
land for agricultural production is important to
Page VIII-I (third paragraph, eighth word) Change "localized" activities in localities of the area (and the at
to widespread. production base for the future. A system presen
placed into use in developing land use plans is
Page VIII-3 (third paragraph. last word) Change 275,000 to and Site Assessment System (LESA). The LESA app
260.000.

ptc
cc: Lee Hill
Scott Crafton

STATE OF MARYLAND cc: JB
EXECUTIVE DEPARTMENT BURGESS/URAVITCH B. C. LEYNES, JR
Director
ANNAPOLIS. MARYLAND 21404 COMMONWEALTH of VIRGINIA
October 14, 1985
DEPARTMENT OF CONSERVATION AND HISTORIC RESOURCES
1100 Washington Building, Capitol Square
Richmond, Virginia 23219 (804) 786 - 2121

September 11, 1985
Mr. Pter L. Tweedt
Director
United States Department of Commerce
National Oceanic and Atmospheric MEMORANDUM
Administration
33 Whitehaven Street, N.W. TO: Charles H. Ellis III
Washington, D.C. 20235 Senior Environmental Programs Analyst

FROM: Bonnie S. Greenwood, Administrative Staff Specialist

Thank you for your letter of August 15, 1985 providing the State of SUBJECT: Review of Virginia Coastal Resouces Management Program and
Maryland with an opportunity to comment on the Draft Virginia Coastal Associated
Zone Management Program document.
Volume 1, page 143 should read: There are over 116 large wood related
I have transmitted the draft document to the Department of Natural industries in the area concerned directly with the primary processing of
Resources which will prepare comments for your consideration. timber products. These forest industries annually harvest about 389
million board feet of saw timber and 422 thousand cords of pulpwood. This
Sincerely, harvest creates annual income to tidewater forest landowners of $41 million
for their timber as it stands in the woods. When cut and processed by the
forest industry, these products in 1982 had a value added worth of $1.13
billion.

We have no comment concerning eithe soil and water resources or park
and recreation resources.

Governor mmv

cc: Phil Grim - F
Scott Grafton - S&WC
Dick Gibbons - P&R

GENERAL INFORMATION 301 269 3431 TTY FOR DEAF BALTO AREA 269 2609 D C METRO 565 0450

'COMMONWEALTH of VIR BOARD ME E- Post Off ice P CHESAPEAKE opi3 October 3, 1985 Dr. Willa t D John 1pi@ Wp? D. ,; MEMORANDUM
0pHp. , 1pstrat pi Board of rry M FROM Bernard Caton

rk 1pn Ap, RE Coastal Resources
phir1p*ity
1ph M. Howell, City Councilwoman
Joseph A. Leafe I have reviewed the 'Coastal Resources Management Pro EIS of concern readily apparent was the draft t I v Rev. er, Sr., City Councilman Order's Enforcement section. If there is any possibility that t anburnager language could be construed to imply that the Council or the Secretary
Gloria 0. Webb, Vice- could override decisions made by our Board, I believe the language should
be revised. Our citizen as statutoryri-
S0epN COUNTY ties forams. ion of this authority by Exec Joseph unty Administrator Order would seemingly contradict the wishes of the General Assembly,
Stanley W. Johnson Board of Supervisors
I would be happy to discuss this with you further if you wish.
SUFFOLK
Andrew , John L. Rowe, Jr., City Mana :PC
v!
John A. urn, City Councilman
Robert
ones, City Councilman
@p-.p, City p7 1pIpn, Citi

svpdc southern virginia

Ho Patricia Tieer, Chairman Northern Virginia Southeastern virginia
Planning District Commission
Margaret Vanderhye, vice-chariman Planning District Commission ICE-.
Joseph B. wisniewski, Treasurer John W. Epling - FI
7630 Little River Turnpike Annandale, Virginia 22003-2678 September 1 September 30. Mr. Joseph A. Urav psh A. Uravitch, Regional Manager Great Lakes and South Atlantic Regions
(703)642-0700 September 30, 1985 Office of Ocean and Coastal Resource Management Great Lakes and South Atlantic Regions 3300 Whitehaven Street, N.W.

Commissioners: Mr. Joseph A. Uravitch, Regional Manager Great Lakes and South Atlantic Washington, D.C. 20235
Stephen A. Armstrong Regions Office of Ocean and Coastal Resource Management Rai Virginia Coastal Resources Management
Thomas M. Davis III 3300 Whitehaven Street, n.w.
Albert c eisenberg Washington, D.C. 20235 Program (LUG: 17F .I..
Nancy k falck Dear Mr. Uravitch: Dear Mr. Uravitch C. Fun '"'1 - The Northern Vir3 Pla3 District coiates
Richard I Fisher The Northern Virginia Planning Disrict Commission appreciates Pursuant to your request of August 15, 1985, the Southeastern Virginia Planning
Charles A Funn the opportunity to review the draft environmental impact statement
Maurice Gerson on the Commonwealth of VIrginia's proposed Costal Resources District Commission has reviewed the Commonwealth of Virginia Coastal Resources
Brenda Z. Greene Management Program (CRMP).
Guy A At its meeting on September 25, 1985, the NVPDC adopted Management Program and Draft Environmental Impact Statement. The Commission and its
John F Resolution No. 95-0 (attachted), endorsing the proposed program and member local governments have participated actively in the development of this pm
John D Jenkins urgig prompt approval by the National Oceanic and Atomspheric since it74. Our role in this process ranged from that of a reviewing agency
Ana b Kananagh Administration of the Draft EIS. The Commission, in conjunction
Brian t Kelley with its member localities, has developed comments on steps the to managing the Regional Advisory Committee for Southeastern Virginia. Commission and
John Magnuson State might take to better coordinate implementation of the CRMP local government staff served on a number of state-level administrative and legislative
Robert Maitland with local governments. The specifics of these suggestions are
Elaine Mcconnell contained in the attached staff study. advisory committees during program development. One of our member local Aatiot EIS. The Commission, in conjunction I1. 1pt send n program and most are
William C. Mcleod The NPDC looks forward to assisting its member local governments active participants In the State's wetlands management program. Most recently, the
James J MIller benefit from this worthwhile partnership of federal, state, and local Commission has completed a comprehensive Regional Energy Impact Analysis through . R.th local . The specifics Of these suggestions are Coastal Energy Impact Program. The SVPDC is also actively involved in a number of other
Audrey Moore governments and the private sector. programs, e.g. water quality planning, which relate directly to the management of our
Gene p MOore Sincerely yours, coastal resources.
Vance Myers John W. Epling
HOn Martha V. Pennino Executive Director
James H Pickford
Brian power JWEtb At its Executive Committee meeting of September 1outheastern Virginia
Charles F. Robinson, Jr. Attachment Planning District Commission acted to endorse the Virginia Coastal Resources Management
Macon C. Sammons, jr.
John W Shanley cc: Edward Wilczynski, Acting Chief, Ecology and Conservation Program and to urge expeditious federal approval of that program. The Commission
Hon. Edward B Division, NOAA Sincerely your believes that the Program, as described in the above-referenced document, Is reasonable and
Sutlon
Hon, patricia ticer Keith J. buttleman, Administrator, Virginia Council on the accommodates the needs of the Commonwealth. We are pleased that the Virginia Program
Margaret Vanderhye Environment continues to emphasize more efficient usagement programs without the
hon douglas d walker Sheldon Lynn, Planning Director, City of Alexandria establishment of a new Institutional structure. The Commission believes that federal
hon mary margaret whipple Robert Wheeler, Chief, Planning Division, Arlington county tractor
joseph b wisniewski Denton U. Kent, Deputy County executive for planning and approval of the Virginia Coastal Resources Management Program with Its attendant
development, Fairfax county Increased funding and federal consistency provisions will augment and enhance the
Sidney r. steele, director, office of comprehensive planning, fairfax county Commonwealth's capability to continue to effectively manage Its coastal resources.
roger snyder, planning director, prince williams county The Southeastern Virginia Planning District Commission appreciates the opportunity to
Darrel g. winslow, executive director, northern virginia regional park authority participate in this review and looks forward to working with the State in the continued

development and implementation of the program.
Environment Sincerely,

John L. Rowe
Chairman
d Roger Snyder. planning Director, Prince Wty cc: Mr. Edward Wilczynski, OCRM
Mr. Keith e Regional Park Authority
CITIES OFPFpRFO1p.MOUTpAVD COUNTIES OF T.A
TApo.
Strengthening Local Government

page 10

NORTHERN VIRGINIA PLANNING DISTRICT C0mmission
to: northern virginia planning district commission

CONCLUSIONS From: John W. Executive Director

It is recommended that the Commission express its support for the Date: September 26, 1935
Virginia Coastal Resources management program am described in the Draft
eIS, that It recommend to the COE that it give attention to the above Subject Action Re: Resolution NO. 86-9. transmittal of Comments
concerns In the design of the final Program, and that It urge the NOAA to on the Draft Environmental Impact Statement on the proposed
approve the Virginia Program. Commonwealth or Virginia Coastal Resources management
Program.
LOCAL COORDINATION
CAPSULE
The following staff members from affected local government ISSUE STATEment
jurisdictions were contacted during the course of this review. The Commonwealth or Virginia is seeking federal approval of its
City of Alexandria: Sheldon Lynn. Planning Director Coastal Resources management Program. Approval by the National Oceanic
Arlington County: Jim Snyder, Comprehensive Planning Office and Atmospheric Administration (noaa), u.s. department of commerce , of
fairfax county: bruce douglas, office of comprehensive planning virginia's program for coastal land and water use activities of would make
prince william county: bill shelly and mukund s lokhande, planning the state and certain virginia localities eligible to receive federal
department administrative grants and would require that federal actions be consistent
northern virginia regional park authority: ken brundage with the program. the national environmental policy act (nepa) of 1950
requires that a draft environmental impact statement (deis) be prepared as
signature of staff coordinator part of the review and approval process. the issue before the commission
is whether the state program as described in the deis will accomplish the
signature of executive director purposes of the coastal zone managemennt act of 1972 (as amended), and if
so, should the commission endorse the state program and recommend to noaa
its approval.
attachments:
letter to the hon. john warner background
letter to the hon. paul trible virginia's involvement in the federal coastal zone management program
dates back to the mid-1970's when the state applied for and received
multi-year funding from noaa to develop a coastal resources management
program. state participation in the federal program ended in 1979 when a
comprehensive state coastal zone management bill failed to win approval in
the general assembly. since that time, some elements of the 1979 legisla-
tion have been enacted. citinng these developments and other administra-
tive steps toward a coastal management program that would meet the
criteria for approval under the federal czm act, the state has now decided
to seek federal approval of its program. virginia's program proposes no
new state programs, organizations, regulations, or laws. instead, it officials.
relies on a "networking" approach -- a linking together of existing
programs, agencies and laws into a functional system that will meet the
minium federal requirements for an effective program. northern virginia
local governments most directly affected by this proposed program are
those located within what the state has defined as the "virginia coastal
management area," namely arlington, fairfax, and prince william counties
and the city of alexandria.
recommenation
it is recommended that the commission authorize the following comments
on the deis and virginia's participation in the federal coastal zone
management program be tansmitted to the appropriate state and federal
officials.

page 8

through effective site selection..." criteria governing page 9
hazardous waste facilities siting are presently under state proposes to build and maintain effective coordination
development by the hazardous waste facilities siting and communcation between the state and localities. the
council, which is not listed amoung the lead enforcement strength of the crm program will depend, in large measure,
agencies but which has an obviously important role, along on the extent to which crm policies achieve uniform
with the state health department, which is listed, in the application and crm programs are implemented in a consistent
attainment of this state goal. fashion. the council on the environment should provide for
a regional coordination and communication mechanism in its
c) coordination and oversight: program document and should indicate how it intends to
promote its effective operation.
the program's coordination and oversight function extends
from the secretary of commerce and resources downward to the the organizational structure outlined by the state assigns
virginia council on the environment, as the "lead agency" coordination and oversight responsibilities to the senator
for purposes of federal grants, monitoring and reporting, to of commerce and resources with administrative
each of the more than 20 state agencies assigned individual responsibilites delegated to the council on the
management activities. this arrangement is determined by environment. while this appears to be a reasonable and
the administrative vehicle used to fix responsiblity for workable arrangement, heavy reliance is placed for
program coordincation and oversight, camely a governor's interagency communication and intergovernmental coordination
executive order, which is pending. on the commonwealth intergovernemental review process.
which is administered by the department of and
because the state has elected to design its management community development and utilizes regional clearinghouse.
program around existing state programs and is proposing no among the most important responsibilities of the
new lesislation or regulatory actions (other than the review and comment on "consistency determinations"
proposed governor's executive order requiring state agencies assessments made by federal agencies that their intended
to act in compliance with the program), the commission has actions are not in conflict with approved state plans.
focused its review or aspects of the orgainzational fact that responsibility for administering the consistency
structure that will be used by the state in carrying out the provisions of the coastal zone management act the
program. commonwealth intergovernmental review process (developed in
response to presidential executive order 12372 of july 14,
the c2ma requires that a state's management program include 1982) is divided among tow agencies, coe and the department
"a description of the organizatonal structure proposed to of housing and community development, respectively;
implement such a program, including the responsibilities and necessitates close coordination between the two agencies.
interrelationships of local, areawide, state, regional and
interstate agencies in the managemnet process." local governements and planning district commissions, is well
as affected state agencies, need to be assured that they
in january 1985, when it reviewed the coe document "coastal will have timely access to information on proposed federal
resources management," nvpdc offered an overall endorsement activities within the coastal zone. this is particularly
of the virginia coastal resources management program and important for activities not included on the coe's published
recommended that the program indicate more explicitly how list of "federal activities subject to consistncy review"
the state proposes to coordinate its crm program would be and those for which a claim is made that that activity does
significantly strenghened by assigning such coordinative not require a consistency determination. in addition, it is
responsiblities to planning district commissions. as noted important that the coe establish a clear and equitable
earlier, the draft eis leaves this issue largely process for accomodating local concerns.
unaddressed.
it is recommended that the coe expand on its description of
the need here is to make clear how local governements will how it will coordinate with the dhcd to provide information
participate in the implementation of the plan and how the to planning district commissions and local governments on
federal activities -- and state projects that may not
involve federal funding or permit authority -- to ensure
that federal consistency requirements are adhered to.

Page 6 Page 7

� the Virginia CRm Program 13 consistent with the objectives and Elements or the CRM or major concern to northern virginia include the
Policies or the federal Coastal Zone Management Act of 1972, as following:
amended; A) Goals and Policies:
� award of federal funds under Section 306 (program Implementation) Virginia's CR4 Program is based in part on a set of 24 goal
of the Act will help Virginia meet those objectives; statements (e.g., promote the wise use of coastal resources
for the economic benefit and employment of our citizens,"
� Virginia's management authorities are adequate to implement the and "reduce non-point pollution in tidal streams, estuaries,
program; and embayments and coastal water caused by inappropriate land
Uses and Inadeguate land management practices").
� a net environmental gain will result from program approval and
Implementation. These goals appear to be sufficiently encompassing and
consistent with NVPDC's regional policies and programs.
The Commonwealth's objective In developing a coastal resources
management program is to establish a comprehensive. coordinated approach B) Activities:
for the protection, preservation and orderly development of the
Commonwealth's coastal resources. The Program identifies more than 20 state agencies which
conduct activities related to the management of virginia's
To be approved by NOAA, Virginia's Program must contain three broad coastal resources. The centerpiece of the program, however,
classes of policies that are related to resource protection, management of is a set of eight distinct managementj activities (e.g.,
Coastal development, and simplification or governmental processes. wetlands management, nonpoint source pollution control,
point source pollution control) for which "enforceable
The CZmA lists six general requirements for federal approval of State policies" exist in federal or state statutes and related
programs. The State program Must agency regulations. The Program tacitly recognizes the
interrelationships among the various components of the
� identify and evaluate those coastal resources recognized In the coastal ecosystem (land, water and air) and the distinct
Act as requiring management or protection by the State; Interests and activities of various levels of government
that may affect them. And although the program acknowledges
� reexamine existing policies or develop new policies to manage the need for a comprehensive approach to coastal resources
these resources. management that Integrates national, state, regional and
local interests and programs, the program's currently stated
� determine specific use and special geographic areas that are to emphasis is placed on eight regulartory programs "through
be subject to the management program, based on the nature of which critical land and water uses and activities are
identified coastal concerns; subject to the control of the state." this approach is
largely the result or the State's declared intention to
� identify the Inland and seaward areas subject to the management propose no new state programs, agencies and laws into a system
program; or laws," out rather to use the "networking" process to link
up existing State programs, agencies and laws into a system
� provide for the consideration of the national Interest In the that will meet federal requirements.
planning for and siting of facilities that meet more than local
requirements; and This approach should take into account the need for close
coordination among state agencies that share regulartory
� Include sufficient legal authorities and organizational and/or enforcement responsibilities in the environmental
arrangements to Implement the program and to ensure conformance protection area. For example, it is stated that one of two
to it. 24 program goals is to "reduce the potential for damage to
coastal resources from toxic and other hazardous materials

Page 4 Page 5

NVPDC ROLE NVPDC'3 current concern to threefold
Coastal Resources Management Program be
Under authority granted by the Virginia Area Development Act of 1969 fundamental local land management roles
(Va. Code Chapter 34, 15.1-1400), the Northern Virginia Planning District history; second, that the Program be originated
Commission (NVPDC) is charged with "promot(Ing) the orderly and efficient resources to Carry Out its objectives;
development of the physical, social and economic elements of the District encourage the utilization of the region
by planning, and encouraging and assisting governmental subdivisions to technical assistance capacities that ex
Plan for the future." In authorizing the creation of planning district Commissions situated in the "Virginia C
Commissions. the General Assembly sought "to provide a means of coherent
articulation for community needs, problems. and potential for service in Comments on the DEIS, including pro
relation to State government." be directed to the following persons:
NVPDC'S specific involvement in coastal resources management dates *to Administrator of the the Virginia Couqnqc
1977'when the Commission conducted 3 public workshop on coastal resources Joseph A. Uraviten, Manager. Great Lake
management In Northern Virginia funded by a $12,000 grant from the State'. National Oceanic and Atmospheric Administration
In a December 1971 Resolution, NVPDC prepared and endorsed a set of Wilczynski, Acting Chief, Ecology and C
comments on draft Proposals for Coastal Resources Management in Virginia Department or Commerce.
developed at the direction of the Governor's Secretary of Commerce and
Resources and presented those comments at a State-sponsored public It would also seem appropriate for
hearing. of its comments at a public hearing on
Scheduled for September 30, 1985, at George

In October, 1983, Mr. Keith Suttleman of the staff of the Virginia ANALYSTS
Council on the Environment addressed the Commission on Virginia's renewed
efforts to develop a coastal resources management program and to secure
federal approval of Virginia's program. The Coastal Zone Management Act (CZ
(1976 and 1950) affirm a national inter
careful develment of the Coastal Zone
in january 1955, following the aLssenation by the Council on the encouragement to coastal states to Voluntarily
Environment of a document entitled "Coastal Resources Management" and upon
the Council's express invitation to review and submit comments. NVPDC management programs for their coastal a
adopted Resolution 55-25, NVPDC Comments On Virginia's Proposed Coastal incentives and 3 national direction the

alone In addressing coastal issues and
Resources Management program. At that time NVPDC offered an overall
endorsement of the Virginia Coastal Resources Management Program and
supplied specific comments on two aspects of the Program. NVPDC Federal approval of the Virginia C
recommended that the Program: effects:
1.) indicate more explicitly how the State proposes to Coordinate its a Financial assistance to the co
CRM program with local governments. NVPDC suggested that the program program implementation activit
would be significantly strengthened by assigning such coordinative entities; and
responsibilities to Planning district commissions. 0 Allow the State use of the red
2.) include urban waterfronts within "Geographic Areas of Particular CZMA to ensure that rederal aqc
Concern." permitted activities, Cuter Cqo
than oil and gas lease 33leqs),
The Commission is pleased to note that the Draft EIS accommodates the Commonwealth and local governmemt
liter issue by incorporating "Waterfront Development Areas" within the Virginia Coastal Resources Management
inventory of "Geographic Areas of Particular Concern." However, the Draft The National oceanic and Atmospheri
EIS leaves the former issue largely unaddressed. and Coastal Resources Management, which is responsible
adequacy of the state program proposals
has made a preliminary determination th

page 2 Page Three

Northern Virginia Resolution P86-9
TRANSMITTAL OF COMMENTS ON
Planning District Commission THE'DRAFT ENVIRONMENTAL IMPACT STATEMENT ON
VIRGINIA'S PROPOSED COASTAL RESOURCES MANAGE
763O Little River Turnpike Annandale, Virginia 22001 September 26. 1985

WHEREAS. a major share of the land area with
RESOLUTION Planning District lies within the *Virginia Coastal
Resolution 86-9 Date: September 26. 1985 Be IT THEREFORE RESOLVED THAT the NVPDC auth
Patron: Vance Myers, Chairman designee to deliver. In written or oral form as
Regional Resources following testimony on behalf of the Commission
Committee public hearing; and
TRANSMITTAL OF COMMENTS ON BE IT FURTHER RESOLVED THAT the NVPDC author
THE DRAFT ENVIRONMENTAL IMPACT STATEMENT ON to transmit the following comments and staff study
VIRGINIA'S PROPOSED COASTAL RESOURCES MANAGEMENT PROGRAM environmental Impact statement to the appropriate
officials prior to the October 7. 1985, deadline
WHEREAS, the Commonwealth at Virginia has submitted a Coastal BE IT FURTHER RESOLVED THAT the NVPDC forward
Resources Management Program document to the National Oceanic and two U.S. Senators expressing its Support for legislation
Atmospheric Administration (NOW. U.S.* Department of Commerce. and Is pending in the Congress, to reauthorize the Coas seeking federal approval for Virginia's participation In the federal
Coastal Zone Management Programs and

WHEREAS. NOAA to Inviting comments on the draft environmental Impact The undersigned ce
atatement (EIS) on Virginia's proposed Coastal Resources Management a true and correct co
Program, and has scheduled a public hearing an September 30. 1985. to SEAL a legally convened me
Fairfax, and 1969 Plannin I I Con
q"Istr rt

WHEREAS, the U.S. House of Representatives has passed legislation (NO
2121). reauthorisin the federal Coastal Zone Management Act through 1990
and
the Sonata Commerce Committee has reported Out A COMamIOn assure, S8 qis . whiab is due top a Senate floor vote shortly. and John W. Epl S. Exqecu

WHEREAS, Virginia's participation In the federal program would make
Virginia and local governments In the Commonwealth eligible for financial
assistance in carrying out coastal resources management activities as
pemitted by the Coastal zone Management5 Act of 1972 (as amended ); and

WHEREAS, Virginia's participation in the federal program would ensure
that federal activieies within Virginia'& Coastal zonse are consistant with
the Virginia Coastal Resources Management Program; and

WHEREAS, the Commission recognizes the need for a comprehensive.
coordinated approach for the protection. preservation and orderly
deve1opment of the Commonwealth's coastal resources and views the program
as benefiting the citizens of the Commonwealth; and

Hon. Nancy K. FFALCT, Chairman Northern Virgil
Fairfax County
Brian Power, Vice-Chairman Planning District Co
TORREY C. BROWN, M.D.. JOHN R. GRIFFIN Leaderman
SECRETARY DEPUTY SECRETARY 1- On-

STATE OF MARYLAND 7630 Little River Turnpike Annandale. Virginia 2020
DEPARTMENT OF NATURAL RESOURCES
TIDEWATER ADMINISTRATION COMMISSIONERS: qSqtqp
Mon. Them., -4. D.,i, III
September 19. 1985 Hm. Alturn C. EimberS
H8q=Nancy K. F.kk The Bonorabl John Watner
Mr. Joseph Uravitch. Regional Manager Ch.,I. A. Fu.n U. B. Senate
Great Lakes & South Atlantic Regions ---c- 421 Russell Office Building
H-Staun" Gerum
Office of Ocean & Coastal Resource Management Washington, D. C. 20510
Page Building 1) B-A. Z. G-
f-1.' cq-,
2001 Wisconsin Avenue, N.W. Ho.' Guy A. Guiffm Deat Senator Watners
Washington, D.C. 20235
Hon. John F. HerrieV
.@'..c- Since it was Signed into law by P
Dear Mr. Uravitch: Hos quohn 0. Jeakin, th* Coastal Zone Management Act has h
Mon. Brian T. Kellev of the fragile nature of our Coastal
1 q-1
This letter is in response to a request for comments on the Draft CIS on lohnMrign- demonstrated the need for a firm yet
rev.-J, rare .. ....
it is our judgment that Virginia's Coastal Management Program meets the requirements Mon G: Itb-St.iftsd
M.- ft.
for Program approval. Non. Elaine McConnell This Iattter in to urge your suppqo
1.1.cq- Son* Management Act reauthorization b
William C. Met.
The only questions we have is how implementation of Virginia's Coastal Zone [email protected]@c_q:*d qih* federal government's strong fins
Management Program will be coordinated with the implementation of Virginia's Jaxw& J. Miller vital partnership Involving federal,
.kq-
Chesapeake Bay Initiatives developed in response to the recommendation of the Hoo. Audrey Moore governments and the private sector.
EPA Chesapeake Bay program. F-. cq-
"on. Gem P. Moore
F-Ck, By adoption of the attached React
We look forward to working with the State of Virginia on matters of mutual v.-Myen September 26, 19e5, the Northern Virg
c`
coastal zone mangement concern. Mo.. manha v. Pennino Coqmision also endorsed Virginia's qP
F-I.,C-,
Sincerly, James H. Pi,k ford the federal Coastal Zone Management P
F..-cq-, review by the National Oceanic and At
Brian Power that CossalsaLon is encouraged tc@bqoliqs
@q-c-
Lo.akC. Rih declared eligible fat full participq&t
Ch.,k, F. Nobinurn. Jr. January 1986.
Jacob N. Lima, PhD F.d. cq-,
Director Macon C. Sdurront. Jr.
Coastal Resources Division
John W. Shanley

Mon S-e w Slockman
.- c-
j-ph R. S,-- Pat
JNL,'EHB/ses c '
Mon. @[email protected] 13Si. Chqs
Hint S.uo. PST:TBspm
'H'" k i. T tor,
Mo D-14 E. Uphu,0 Attachment
Mon. Do.ol., D walk.
V.nd,,hye
Mon. %1.,y wh,ppi,
lo.ph B 1A an.-L.
10. .1.1 -1-0.1 1.1 0.1.

OF A
COMMONWEALTH OF VIRGINIA ft
COUNTY OF FAIR,FAX Joseph A. Uravitch
4100 CHAIN ORIDGE4"AD Page Two
F
AIRFAX. VIRGINIA 22030

jtj%
September 16, t985 A. Impacts Associated with Program Funding on page 170 of Volume I
of the D.E.I.S. We also suggest that this effort. be made a high
priority at the time of implementation of the plan.

Fairfax County looks forward to working with t.he State on t.he
Joseph A. Uravii.ch, Regional Manager implementation of the Coastal Resources Management. Plan,and we hope
Great Lakes and Soul.h Atlantic Regions these comments will be helpful towards establishing an effective,
office of Ocean and Coastal Resource Management. valuable program. To this end, we urge the speedy approval of the
3300 Whit.ehaven Street, N.W. Draft Environmental Impact StaLement.
Washington, D.C. 2023S
Dear Mr. Uravitch: Sincerely,

Thank you for the opportunity to review the draft environment.al'
impact statement. on the proposed Commonwealth of Virginia Coastal Sidn4o)*4AISAleele, Director
Resources Manageme n'. Program (VCRMP). We have found the D.E.I.S. to Office of Comprehensive Planning
be a well-organized and thoroughly prepared document, and we concur
with the general findings and conclusions. SRS:WFS:mcm
As noted in our previous comments on the Coastal Resources Plan, cc: Edward Wilczynski, Acting Chief
it is still not fully clear at this stage as to how local governments Ecology and Conservation Division, NOAA
will participate in the implementation of the plan. Effective
coordination between the State and local governments will be Keith J. Buttleman, Administrator
essential ' especially in relation to those core programs which are Virginia Council on the Environment
the curre;t responsi.bilit.y of local governments, i.e., wetlands and
dune protection. To promote effective coordination and communication Denton U. Kent, Deputy County Executive
between the State and localities, it. will be imperative for the for Planning and Development
Virginia Council on the Environment to have adequate staff and to .
develop working liaisons with county and city personnel. The use of
regional coordinating committees, composed of local, regional and
state respresentatives which meel. on a routine basis, may-be very
useful towards achieving the uniform application of plan policies and
consiscent, implementation of plan programs. For example, there is
little formal coordination among che coasi.al management efforts in
Fairfax County, Prince William County and Alexandria. Under the
VCRMP, the Council on the Environment should develop such
coordination and oversee its continued progress.

Finally, we would like to note the apparent need for a
.re-inventory of the State's wetland resources. The existing wetlands
inventory conducted by the Nirginia Institute of t-farine Sciences in
the 1970's is oul.dat.ed and in some counties is incomplete. Although
cercain counties conduct. their own inventories, not all localities
have Lhe staff or resources to do so. A state-wide re-inventory
would, therefore, be extremely beneficial to this critical core
regulatory program and should be a beneficial impact. associated with
the approval of the VCRMP. We suggest this effort be listed under

THE COMMISSION FINDS THE DRAFT ENVIRONMENTAL IMPACT STATEMENT -- AND
THE COMMISSION-ALSO RECOMMENDS THAT THE VIRGINIA COUNCIL ON THE
THE STATE COASTAL RESOURCES MANAGEMENT PROGRAM IT ADDRESSES -- TO CONFORM
TO REQUIREMENTS OF THE FEDERAL COASTAL ZONE MANAGEMENT ACT OF 1972 AND ENVIRONMENT, THE LEAD STATE AGENCY FOR ADMINISTERING THIS PROGRAM. EXPAND
ON HOW IT WILL COORDINATE WITH THE DEPARTMENT OF HOUSING AND COMMUNITY
FEDERAL REGULATIONS ISSUED PURSUANT TO THAT ACT AS WELL AS THE NATIONAL
ENVIRONMENTAL POLICY ACT OF 1969. THE .STATE'S PROPOSED PROGRAM APPEARS TO DEVELOPMENT. THE AGE14CY WHICH AEL41MISTERS THE COMMONWEALTH
INTERGOVERNMENTAL REVIEW PROCESS. IT IS IMPORTANT TO THE FUNCTIONING OF
BE A GOOD FAITH EFFORT TO MEET THE REQUIREMENTS FOR STATE PARTICIPATION IN
THE FEDERAL COASTAL ZONE MANAGEMENT PROGRAM. THAT IS NOT TO SAY THAT THIS PROGRAM THAT INFORMATION ON PROPOSED FEDERAL AND STATE PROJECTS
DESERVING OF A CONSISTENCY REVIEW BE SUPPLIED ON A ROUTINE BASIS TO
THERE ARE NOT IMPROVEMENTS THAT COULD BE MADE IN THE PROGRAM. PARTICULiRLY
PLANNING DISTRICT COMMISSIONS AND LOCAL GOVERNMENTS. CLOSE COORDINATION
IN THE AREA OF INTERLOCAL AND INTERGOVERNMENTAL COORDINATION. AREAS ON
BETWEEN THESE TWO STATE AGENCIES IS CRITICAL.T0 ENSURING THAT FEDERAL
WHICH THE DRAFT E.I.S. DOES NOT DWELL.
CONSISTENCY REQUIREMENTS ARE ADHERED TO AND THAT LOCAL GOVERNMENTS AND

REGIONAL AGENCIES ARE INCLUDED IN THE INFORMATION CHAIN.
THE VIRGINIA COUNCIL ON THE ENVIRONMENT HAS PREPARED A PROGRAM THAT

RELIES HEAVILY ON EXISTING LAW AND INSTITUTIONAL ARRANGEMENTS. THERE IS A
THE COMMISSION ALSO RECOMMENDS CLOSE COORDINATION AMONG STATE AGENCIES
i7;,a L@j Aun& ru66x ArrKLULAIL IML MW rlJK
THAT SHARE REGULATORY AND/OR ENFORCEMENT RESPONSIBILITIES IN THE
CONTINUOUS AND RELIABLE COMMUNICATIONS WITH LOCAL GOVERNMENTS ON MATTERS
ENVIRONMENTAL PROTECTION AREA. THE COMMISSION IS PARTICULARLY CONCERNED
RELATED TO IMPLEMENTATION. THIS COORDIMATIVE FUNCTION, WHICH PLANNING
WITH THE NEED TO PROTECT COASTAL AREAS FROM THE SITING OF TOXIC AND
DISTRICT COMMISSIONS WOULD APPEAR WELL POSITIONED TO FACILITATE, WOULD GO
HAZARDOUS WASTE GENERATING, STORAGE, TREATMENT AND DISPOSAL FACILITIES.
A LONG WAY TOWARD ASSURING UNIFORM APPLICATION OF POLICIES AND CONSISTENT

IMPLEMENTATION AT THE LOCAL LEVEL.
THE COMMISSION APPRECIATES THIS OPPORTUNITY TO PRESENT ITS ENDORSEMENT

OF THIS GREATLY NEEDED PROGRAM. WE BELIEVE THE SUGGESTIONS ADOPTED BY THE

COMMISSION WILL STRENGTHEN IMPLEMENTATION OF THE VIRGINIA PROGRAM By

FOSTERING A HIGH LEVEL OF STATE-LOCAL COORDINATION.

THANK YOU AGAIN FOR COMING TO NORTHERN VIRGINIA TO RECEIVE PUBLIC

COMMENTS ON A PROGRAM THAT PROMISES TO MAKE AN IMPORTANT CONTRIBUTION TO

THE WISE USE OF THE COMMONWEALTH'S COASTAL RESOURCES.

TESTIMONY OF COMMISSONER VANCE MYERS IN ADOPTING RESOLUTION NUMBER 86-9 AT ITS MEETING OF SEPTEMBER 26,
AT THE SEPT. 30. 1985, PUBLIC HEARING 1985. THE COMMISSION AFFIRMED THE NEED FOR A COMPREHENSIVE AND COORDINATED
ON THE DRAFT ENVIRONMENTAL IMPACT STATEMENT
ON THE VIRGINIA COASTAL RESOURCES MANAGEMENT PROGRAM PROGRAM TO ENSURE THE PROTECTION. PRESERVATION. AND ORDERLY DEVELOPMENT OF

THE COMMONWEALTH'S VALUABLE COASTAL RESOURCES.

GOOD EVENING AND WELCOME TO NORTHERN VIRGINIA. MY NAME IS VANCE MYERS
AND I AM A RESIDENT or THE CITY OF FAIRFAX. I SERVE AS THE CITY'S CITIZEN THE PLANNING DISTRICT COMMISSION APPROACHES THIS PROPOSED PROGRAM FROM
REPRESENTATIVE ON THE NORTHERN VIRGINIA PLANNING DISTRICT COMMISSION. THE PERSPECTIVE OF A REGIONAL AGENCY THAT WAS VERY MUCH INVOLVED IN THE

WHERE.I CHAIR THE COMMISSION'S REGIONAL RESOURCES POLICY COMMITTEE. STATE'S EFFORTS IN THE 19TO3 TO BUILD A soLrD'PROGRAM FOR MANAGING THE

viRGrmiA,s COASTAL RESOURCES. THE COMMISSION'S MANDATE FROM THE GENERAL
THE COMMISSION. AS YOU MAY KNOW. IS THE REGIONAL COMPREHENSIVE ASSEMBLY IS TO "PROMOTE THE ORDERLY AND EFFICIENT DEVELOPMENT OF THE

PLANNING AGENCY WHICH PROVIDES PLANNING, COORDINATION AND TECHNICAL PHYSICAL. SOCIAL AND ECONOMIC ELEMENTS OF THE DISTRICT BY PLANNING, AND

ASSISTANCE SERVICES TO 12 LOCAL GOVERNMENTS IN NORTHERN VIRGINIA. ACTING ENCOURAGING AND ASSISTING GOVERNMENTAL SUBDIVISIONS TO PLAN FOR THE

IN AN ADVISORY CAPACITY, THE COMMISSION OPERATES CONTINUING PROGRAMS IN FUTURE..." PURSUING THIS MANDATE, THE COMMISSION SERVES AS A NEUTRAL

SUCH COASTAL RESOURCES-RELATED AREAS AS WATER RESOURCES MANAGEMENT AND REGIONAL FORUM FOR DECISION-KAKING. THE COMMISSION PROVIDES LOCAL

COMMUNITY DEVELOPMENT. THE COMMISSION IS ONE OF 22 SUCH REGIONAL PLANNING GOVERNMENTS AND STATE AGENCIES WITH INFORMATION AND ANALYSES NECESSARY TO

AGENCIES IN VIRGINIA AND ONE Or NINE WITHIN THE VIRGINIA COASTAL MAKE SOUND LOCAL AND REGIONALLY-BENEFICIAL DECISIONS. IT ALSO SUPPLIES A

MANAGEMENT AREA. HIGH LEVEL OF TECHNICAL ASSISTANCE ON WATER QUALITY AND RELATED MANAGEMENT

ISSUES TO ITS MEMBER LOCAL GOVERNMENTS.

I AM ADDRESSING YOU THIS EVENING 09 BEHALF OF ALEXANDRIA CITY

COUNCILWOMAN PATRICIA TICER, WHO SERVES AS CHAIRMAN OF THE NORTHERN THE COMMISSION HAS FOLLOWED WITH GREAT INTEREST THE DEVELOPMENT OF THE

VIRGINIA PLANNING DISTRICT COMMISSION. I HAVE BEEN ASKED BY MRS. TICER TO VIRGINIA PLAN. IT HAS.REVIEWED THE DRAFT ENVIRONMENTAL IMPACT STATEMENT

CONVEY TO YOU THE COMMISSION'S ENDORSEMENT Of THE PROPOSED VIRGINIA IN CONJUNCTION WITH THE LOCAL GOVERNMENTS SITUATED WITHIN 'THE COASTAL
COASTAL RESOURCES MANAGEMENT PROGRAM AND TO URGE ITS PROMPT APPROVAL BY MANAGEMENT AREW INCORPORATING MANY Or THEIR COMMENTS rm ITS OWN
THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. THE COMMISSION ALSO ANALYSIS.

ASKED THAT I COMMUNICATE A FEW CONSTRUCTIVE COMMENTS ON CERTAIN SPECIFIC

ASPECTS OF THE DRAFT ENVIRONMENTAL IMPACT STATEMENT AND THE PROPOSED

PROGRAM, PARTICULARLY AS IT SETS FORTH HOW THIS PARTNERSHIP OF FEDERAL,

STATE AND LOCAL GOVERNMENTS IS TO BE IMPLEMENTED.

28 October 1985 28 October 1985
.federal licenses or permits from requirements of 15 CPR 930 Thank you for the opportunity to comment on this important
Subpart D, which Allows a six-month review period. Federal program. We sincerely hope these recommendations are helpful.
agency activities requiring federal licenses or permits are sincerely,
subject to the consistency requirements of 15 CPR 930 Subpart
C. Therefore, we would anticipate a 45-day review period for
Navy consistency determinations involving federal permits. We
recommend that federal property be explicitly excluded from

D1tkNNJN
discussions/requirements associated with Waterfront Development
Areas of Particular Concern, page V-23. p. w.
Assistant-4"Nwander for
We recommend the following revisions to Appendix ZI Federal Facilities Planning and
Holdings: Real Estate

Page 16 Add Lafayette Branch Annex, 14.91 acres (owned)
Norfolk, Navy.
Page 17 Northwest Security Group Activity: Change acres to.
4032.76.
Change Gallop Farm Housing Site to Carper Housing
Site, 97.62 acres.
Page 18 Naval Ship Engineertng Center (0.05 acre) and Human
Resource Management Center (0.05 acre) are leased,
not owned.
NAVSUPCEN Craney Island Fuel Section: Cnange acres
@@ QQ@ 1@_
Norfolk Naval Shipyard; Change acres to 764.28.
Naval Ammunition Depot, St. Juliens: Change acres to
499.47.
Add St. Helena Annex, 31.53 acres (owned), Norfolk,
Navy.
Delete Naval Electronics Systems,Engineering Center;
it is included in Naval Shipyard Norfolk.
Add Gospoxt Housing, 56 acres (owned) Portsmouth,
Navy
Add Stanley Court Housing, 15.63 acres (owned)
Portsmouth, Navy.
Amphibious Base Landing Beach Area, Camp Pendleton:
Change acres to 358.32.
Delete Explosive ordnance Disposal Group; it is
included in Pt. Story.
Naval Air Station, Oceans: Change acres to 5331.42.
Naval Auxiliary Landing Pieldt Add Fentress and
change acres to 2556.09.
Add Wadsworth Housing, 74.67 acres (owned) Virginia
Beach, Navy.
Page 19 Camp Peary: Change acres to 9273.99.
Page 20 Naval Weapons Station: Add Yorktown and change acres
.to 10624.28.
Delete Copeland Park; it is no longer leased.
Page 22 Combine Tangier North Site, Tangier South Site, and
onancock Municipal Dock to read Tangier Island Site,
0.40 acres (leased).

2 DEPARTMENT OF THE NAVY
NAVAL FACIL-:: KN41N&S-6 C*NNAND
9" *VALL ST*.CT
r:,source management. In fact,-the inclusion of such detailed 2023TP
r ulations In other state coastal management programs has 28 October 1985
actually delayed the implementation of Important federal
conservation initiatives.
Mr. Joseph A. Uravitch, Regional Manager
There is also the unfortunate matter of Virginia's long- Great Lakes and South Atlantic Regions
standing, but plainly unconstitutional, efforts to reserve the Office of Ocean and Coastal Resource Management OCT 2 9
privilege of fishing in her marine waters to Virginia residents. 3300 Whitehaven Street, N. W.
See Doug 'as v , coast Products, 431 U.S. 265 (1977) and Washington, D. C. 20235
Tan - Sound &:ren's Assoc. v. Douglas, 541 F.Supp. 1287
(19 qier (::4
82). Under no circumstances should the Secretary of Commerce Dear Mr. Uravitch:
approve the inc or poration of section 28.1-57 of the Virqinia Code
as part of Virginia!s coastal zone program. The following comments are submitted after review of the Common-
wealth of Virginia Coastal Resources Management Program and
cc: GC Robert J. McManus Draft Environmental Impact Statemen@ (DEIS) forwarded by your
A Anthony J. Calio letter of 14 August 1985.

The Coastal Program and DEIS reflect a significant amount of
intense planning and consideration of both federal and state
perspectives on coastal zone management. The overall product
is well done and generally sensitive to issues of mutual
concern. We do, however, have specific recommendations that,
upon inclusion in the state program, will clarify certain
points and make future coordination easier.

The terms 'coastal zone" and 'coastal area" are used inLer-
changeably throughout the documents and particularly in Section
XA (page X-2) concerning federal activities. We recommend
exclusive use of 'coastal zone" to preclude future confusion
concerning separation of the coastal zone from excluded federal
property, which in combination are often called the coastal
area.

The list of federal activities subject to consistency review
given on page X-7 and statements on negative determination
requirements given on page X-2 do not clearly reflect the
Coastal zone Management Act and implementing regulations. Navy
activities, particularly new construction, expansion of
existing buildings, and acquisition/release of property, will
be closely review ed by the Navy for potential direct impacts on
the coastal zone. Either a consistency determination or a
negati4e determination will be submitted to the Virginia
Council an the Environment for activities determined by Navy to
have the potential for direct impacts on the coastal zone. No
notification will be made for activities determined by Navy to
have no potential for Jirect impacts on the coastal zone.

Section XB, Federally Licensed and Permitted Activities,
discusses on page X-3 a six-month state review period for
consistency determination associated with permit applications.
15 CFR 930.52 clearly excludes federal agencies applying for

UNITED STATES DEPARTMENT Of COMMERCE FYI _cc_-__V0T;FF7M4X@
National Oceanic and Atmospheric Administre UNITED STATES DEPARTMENT OF COMMERCE
NATIONAL MARNE FISHERIES SERVICE tieffil N-ti-n-I Oceanic and AtmosPheric Administration
Washington. D.C. M235 VT NATIONAL MARNE FISHERIES SERVICE
@,/ W05hington. D.C. 20235
F:JED
JUN. 2 1 1985 ACTION; BURGE
March 20. 1986 CC: BLlZZARPLTKJh1EDT ----Lu- JU/P
<1WFG_E_SS/URAVITC 6.1
TO: NIORM Peter.L. @p
_.Tweedt
AU4't@,V TO: N P Vau,, M, Wo If f
FROM: F - William" G@G@_r.14n
FROM: F ?i @ I am Go
SUBJECT: Coastal Resource Management Plan Commonwealth Of
Virginia
.SUBJECT: Comments on DEIS for Virginia's Coastal Rsourc-;
Management Program
ReferenCe is made to my letter of June 21, 1985 and our On behalf of the National Marine Fisheries Service, I t:@jk--
subsequent meeting regarding the subject application by the exception to the incorporation of Title 28 of the Laws of
Commonwealth of Virginia for approval of a coastal resource Virginia Relating to the Marine Resources of the Commonwedith
management plan. Since our meeting, my staff has had several as part of Virginia's Coastal Resources Management Program
discussions with officials from Virginia. I understand that (VCRM.P)
your staff has also had discussions with Virginia of,ficials.
In each instance these State officials have confirmed that in addi'tion to proviaing certain statutory restricLIM11,
they continue to desire to include all of the State's an the harvest of fish and shellfish from the marine wat,:rs
fisheries laws and regulations in their coastal resources
t th e Marine Resources Commission, and vests that body wILh
@authority to make 3uch regulations as it deems necessary I.,)
I am further advised, through your staff, that the National promote the general welfare of the seafood industry and to
Marine Fisheries Service (NMFS) remains the sole objector, and conserve and promote the seafood and marine resources of th,,
that you feel that you cannot approve the Virginia application State, including regulations as to the taking of seafood...."
in light of our objection. While NMFS continues to believe moreover, Section 28.1-57 purpotts to reserve the privileg,,
that its rationale for not including such detailed laws and of commercial fishing within the state to state residents.
regulations is valid, we recognize the State's position and
its right to present those laws and regulations as a part of While we believe the GOALS AND POLICIES of the VCRMP as,
its coastal resource management plan. On balance we do not listed on pages I-I through 1-3 represent progressive and
believe that our objection should deter you from approving the laudable objectives, the inclusion of detailed laws ind
State's plan if all other aspects are judged acceptable. regulations concerning the harvest of marine resources is
ill-advised. This is particularly true when coupled with th,-
The NMFS will pledge its best efforts to work with the grant of general rulemaking authority to the Marine Resourcl-F
Commonwealth of Virginia to ensure that fisheries management Commission.
o@curs in a complimentary and cooperative manner and thus
minimize the possibility of any difference escalating to any Fisheries management is a dynamic process in which ko-1
significant degree. I wish the Commonwealth every success in edge of resource and socio-economic conditions can be exp,!ct,,,j
the prudent application of Federal coastal resource funds to to improve over time. we expect that Virginia laws and r-jul,it -n@.
help solve some of the complex coastal ecological problems. will change about as frequently as those our agency promtjlj.tto@-,
for the exclusive economic zone adjacent to Virginia's il
Please let me know how we can be of further assistance. zone. It has been our experience that state-fedpral relttiot)F;
have not been improved in those instances where the Seci-t,ty
of -Commerce has approved the incorporation of state fish,,ty
laws at the level of detail contained in the VCI@mf,. Th, i,-V-I
of detail increases the administrative burden on both state ind
federal agencies without any corresponding benefit in terms of

Federal Emergency Management Agency
Region 111 105 South 7th Street Philadelphia, Pennsylvania 19106

September 18, 1985
2

On the same point, we feel that the meaning of "alteration or
expansion of physical development projects" could possibly be more
closely defined in the program to take into account situations where
the project has, for atl practical purposes, no affect by virtue of the Mr. Joseph A. Uravitch
character of work to be done. One approach to this could be the Regional Manager
establiFhment of thresholds for alterations and expansion activities. Great Lakes and South Atlantic Regions
The benefit of both recomendations we feel , could be a reduction in Office of Ocean A Coastal Resource@ Management
the burden to both the cominuoity as well as the SLaLe ag@ucy, while .3300 Whiteh *aven Street, N.W.
still being in keeping with the intent of the consistency review. Washington, D.C. 20235

Hopefully, if such greater specificity cannot be achieved at this Dear Mr. Uravitch:
stage of program development, it could be a matter for negotiation at
some futtire date. We have received the draft @@nvironinental impact staLomont propar,t h@ it,
Office of Ocean and Coastal Resource. Mana@
,lement, II.S. I)rpartmont I,,
Thank yoti for the opportunitv to comment. flased upon our review, the propowd UNumonwealth of VI. yinl,i
Sincerely, Resource Management Program appears he he a poSiLivP approach t,@
Coastal Flood Plain Management practices and correspond@, with tn,, 1-1, 0
Finergency Management Agency, National Flood Insurance program (NI 111)
regulations under Section 60.3 of the Federal Register.
Lawrence Levine
Regional Environmental Officer This office offers any technical assistance where the interpretAt ion 0 11,
NFIP Coastal Floodplain regulations are applicable. Thank you f,,r the
opportunity to review the draft environmental impact statement for th,z
Virginia Coastal Resource Management Program.

Sincproly,

Walter P. Pierson
Chief
Natural and Technolotlical
Hazards Division

U.q&
PhqRqaqd
Ub0q"
POLICY AND PROCEDURES 1640 10q5
Phqfqtqd

data, analyses, or discussions are of such a magnitude that they require full
public review at a draft stage. This rating constitutes a finding that the
draft ZIS does not meet the purposes of KEPA and/or the Section 309 review. OCT 08 1985
and thus must be formally revised and made available for public cement in a
supplemental or revised draft EIS.

Figure 4-1 (continued) Mr. Joseph A. Uravitch
Regional Manager
Great Lakes and South
Atlantic Regions
Office of Ocean and Coastal
Resources Management
3300 Whitehaven Street, N.W.
Washington, D.C. 20235

Dear Mr. Uravitch:

This is in response to your letter of August 14,
our review and consideration of the draft envi
for the Virginia Coastal Resource Management
the document and our comments are concerned wi
visions applicable to federal assistanct, to sqt
which is discussed on page X-5.

review agency will be the vehicle for consiste
would note in this connection that grantees re
Development Block Grant (CDBG) fonds are not r
E.O. 12372 requirements unless they plan to us
the planning or construction of water or sewer
however, require compliance, as applicable, wi
requirements as part of its ehvironmental revi
58). This will obviously require direct consu
on the Environment in those instances where th
review process is not required.

One a@pect of tile coosi@Lency -@i- Ill-
to us is the project coverage, and what exacqLq1
development project. Many projects and activi
CDBG Program, for example, should have no affqe
For NEPA purpose, many such projects have been
gorically excluded. A similar exclusion of ac
applicable and workable in the case of coastal
consistency determinations.

POLICY AND PROCEDURES 1640
SUMMARY OF RATING DEFINITIONS
AND FOLLOW-UP ACTION
Environmental Impact of the Action
I.O.--Lack of Objections
EPA has no objections to the proposed action as described in the draft impact
statement or suggests only minor changes in the proposed action.
EC--Environmental Concerns
EPA has identified environmental impacts associated with the proposed action
that should be corrected in order to fully protect the environment.
ED--Environmental Objections
EPA believes that the proposed action is environmentally unsatisfactory
because of its potentially harmful effect on the environment. If the
potential for unsatisfactory impacts is not corrected at the final EIS stage,
the project will be recommended for referral to the CEQ. EPA intends to work
with the proposing agency to reduce these impacts.
Adequacy of the Impact Statement
Category 1 - Adequate
The draft impact statement adequately sets forth the environmental impact of
the preferred alternative or action and adequately sets forth alternatives
that are reasonably available to the project or action.
Category 2--Insufficient Information
The draft EIS does not contain sufficient information to fully assess environ-
mental impacts that should be avoided in order to fully protect the environ-
ment, or the reviewer has identified new reasonably available alternatives
that are within the spectrum of alternatives analyzed in the draft EIS which
could reduce such environmental impacts of the action. The inadequate
information, data, analyses, or discussion should be included in the final
EIS.
Category 3--Inadequate
The draft EIS does not adequately assess the potentially significant environ-
mental impacts of the action, or the reviewer has identified new, reasonable
available, alternatives that are outside of the spectrum of alternatives
analyzed in the draft EIS which should be analyzed in order to reduce the
potentially significant environmental impacts. The inadequate information,
Figure 4-1

Conclusions
Organizational Structure
In light of other approved state management programs that we are aware

The Virginia Council on the Environment is the designated lead agency of and with regard to the intent of the CZMA, we suggest that the Virginia
for administering the approved CRMP. The Council's direct involvement with CRMP establish a centralized coastal program which operates on a more focused
CRMP activities is the biennial CRMP review and evaluation and solicitations level program to carry out coastal zone initiatives are most effective.
from other state agencies for conflict resolution. Outside of these, the Nevertheless, Virginia has adopted a networking approach that relies
workin Council is to "provide day-to-day monitoring of (CKMP) funded activities." upon the Virginia Council on the Environment to provide broad based
This exercise will be performed by the "selective" review of "periodic" leadership. Given this approach, EPA strongly suggests that the Council
reports, agency meeting agendas, newsletters, the media, and comments from be given the resources and authority necessary to actively pursue coastal
interested parties. it is important that these methods be bolstered to zone initiatives. Otherwise, federal monies may not effect an appreciable
permit the the Council to adequately monitor the myriad coastal/state change since the program, made up entirely of existing programs, activities
activities that undoubtedly occur, and to track those that are stated and offices that are already established, would
for funding. Otherwise, the Council may be less than well informed, and ineffective.
may find itself ill-prepared to act as lead agency. The Council (in the
Environment and the proposed Virginia CRMP would benefit from a more In a broader sense, we believe that the Office of Ocean and Coastal

integrated and solid approach which should included an efficient tracking Resource Management should conducta a study of the approved management
system and a firmly anchored management program that outlines the Council's
clear input into the decision if other state entities that affect the ispects and rate the effectiveness of the programs on a national
coastal zone. level and on a 2) regional/ Delmarva level. Using both reviews,
should prepare a comprehensive analysis of how the proposed Virginia
CKMP compares to the overall picture and how It specifically may enhance
Geographic Areas Of Particular Concern (APC) coastal resource management in the Delmarva/Chesapeake area. This analysis
would not only be of the broad program comparisions but diseases in detail
In general, the APC described in the proposed program provide a good all of the singular methods by which coastal resource management is successfully
basis on which to concentrate special coastal management techniques and conducted.The results of this comparison would be extremely useful to
we support their use. We suggest that every APC be afforded Elie same the Commonwealth of Virginia to inform them how the proposed CRMP fits
detailed descriptions in the DEIS as was the "Spawning. Nursery and Feeding in with respect to the national picture and whether or not it is comparable
Grounds" natural resource APC. The quality geographic accounts given the to its coastal neighbors. The strength of the comparison model could
latter helped provide the reader a useful illustration to envision Virginia's prove useful during evaluations and during program implenentation changes.
special coastal resources like the Chesapeake Bay area.
Thank you very much for this opportunity to provide comments on the
We recommend a more centralized management system be incorporated to proposed Coastal Resource Management Program for the Commonwealth of
significantly improve the recognition of priorities of uses in the APC. Virginia. If there are any questions regarding these comments please
For instance. advanced identification of potential conflicts of use contact Patricia Charnas at 215/597-2940.
could be included In the formation and discussion of special areas. By
providing a framework for action, anticipated conflicts could be resolved Sincerely,
before they arose and/or became unwieldy.

The DEIS should more fully describe the Waterfront Development APC
due to tremendous importance these special areas exact in Virginia. The Richard V. Pepino, Chief
proper siting of waterfront dependent activities,requires much greater NEPA Compliance Section
consideration than was given in the DEIS to ensure environmental
compatibility. Enclosures

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 2
REGION III
841 Chestnut Building
In regard to the CZMA's outline for state programs, it is unclear
Philadelphia. Pennsylvania 19107 whether Virginia wishes to adopt the responsibility of ocmplying with
the entire CZMA program factors or is limiting its plan solely to resource
OCT 22 1985 management. This distinction appears to be important in clearly defining
the scope of the CRMP as It relates to the CZMA and we ask for a more
Joseph Uravitch precise regulatory reference through which the Commonwealth intends to
office of Oceans and Coastal receive its funding.
Zone Management Core Regulatory Program
National Oceanic and Atmospheric
Administration The DEIS states that the proposed Virginia CRMP relies upon eight
3300 Whitehaven Street, NW existing state programs and over twenty different state agencies that
Washington, D.C. 20215 Implement chose programs. The Virginia Council on the Environment is to
RE: Commonwealth of Virginia Coastal Resource Management Program monitor all state actions which could affect coastal resources.
and Draft Environmental Impact Statement; D-NOA-D90011-VA. On the surface, the Virginia CRMP "networking" strategy is not unlike
other approved state management programs in which general state environmental
near Mr. Uravitch: planning goals, e.g., water quality enhancement, are reexamined in terms
of their applicantion to the coastal zone, e.g., estuarine embavments.
The Environmental Protection Agency Region 111, in accordance with The Virginia CRMP seeks to provide satisffactory levels of coastal
its responsibilities under the National Environmetal Policy Act and management while proposing no new state programs to deal specifically with
section 309 of the Clean Air Act has completed its review of tile Commonwealth
of Virginia Coastal Resource Management Program (CKMP) and Draft Environ- coastal issues. We believe that It will be difficult for Virginia to
mental Impact Statement (DEIS). solve its Coastal resource problems when over twenty different state
agencies are relied upon to efficiently run the program. The
plan relies upon oversight capabilities of the Virginia Council the
The proposed action consists of the official approval and implementation Environment to assure sound Implementation. We believe that the Virginia
of the CRMP which will allow the Commonwealth of Virginia to receive COE is a good and logical choice for this role. Its success will be
funds authorized by cite Coastal Zone Management Act (CZMA) (P.L. 94-370). governed by resource anti funding levels and the authority it will be
Approval of the CRMP is broadly based on the compliance of the proposed provided.
program to the CZMA. Stated alternatives appearing in the DEIS are the
denial or the delay of approval. Options for the Commonwealth include An improved environmental gain could be fashioned from a better
withdrawing the program and application from Federal review or modifying designed coastal program which detailed specific coastal policy and use
the proposed program to reflect comments and concerns detailed during this guidelines which would better manage those coastal resources described
review period. in the DEIS, i.e., fisheries, subaqueous lands, wetlands point and
The DEIS is lacking in concise, descriptive information regarding point source pollution, shoreline sanitation, dunes and quality. An
Virginia's bountiful resources and does nor derail the particular problems enforceable state coastal policy would mutually benefit bothe the enhancement
and pressures currently experienced it its coastal zone. Therefore, we of coastal resources and the environmental quality of the coastal zone.
have rated this document "EC-2" (Environmental Concerns - insufficient Direct state review of actions subject to compliance with an
information) per EPA's rating system (enclosed). able coastal resource management program could also assist in the development
of pollution abatement stragegies which are needed along Virginia's
Our ensuing comments address che broad Issue of compliance of the developed waterfront areas and coastal industrial zones. For example,
CRMP with the requirements of cite CZMA. Our major concerns, however, lie living marine resources and ecological systems in these areas could be
with the programmatic factors in the proposed plan and the amount of guaranteed an improved environment through a CRMP-based control
predictability that the program affords to the preservation, protection strategy using CZMP funds to set up an interdisciplinary task
and enhancement of coastal zone resources in Virginia. We have also This task force could intensively study Virginia's most
constucted, for the benefit of the DEIS author(s), some additional coastal areas and make recommenditions for their improvement and future
alternatives to explore. As we are responsible for monitoring and assessing use. Although this method utilizes tile "networking" concept already
all environmentally related activities in EPA Region III (see map), we apparent in the CRMP, it effects a greater amount of focus on project
necessarily are exposed to a great number of coastal zone issues. For coastal resource management than the generic design contained in the
this reason, our comments use the strategies of other approved state DEIS.
management plans in the region for comparison purposes.

Specific Comments
In Part IV of Volume I (Description of the Affected Environment), the
discussion of threatened and endangered species given on page 142 needs some
correction and expansion. The brown pelican (Pelecanus occidentalis) was de-
listed on February 4, 1985 and is no longer considered a threatened or
endangered species. The peregrine falcon (Falco peregrinus) does nest in
Virginia. In 1985 there were nine known pairs of prergrines in the state,
and all were either on or associated with artifical nesting structures.
(mostly hacking towers.) Two of the three nest fledged seven young. The
discussion failed to include sea turtles which nest occasionally along the
Virginia coast.
In 1985, three loggerhead turtle (Caretta caretta) nests were discovered near
Back Bay National Wildlife Refuge. Loggerheads also nest regularly, in low
numbers, on Chincoteague. One endangered plant, the small-whorled pogonia
(Isortia medeoloides), is known to occur in coastal Virginia. In addition to
the listed species, numerous plant species which are candidates for listing
occur in Tidewater Virginia and the coastal plain (see attached list). For
Virginia Natural Heritage Program, Biology Department-Herbarium, VPI/SU,
Blacksburg, Virginia 24061: telephone: (703) 961-5746.
On page 165 the sceintific name for Atlantic croaker is incorrect. It should
be Micropogonias undulatus.
On page 166 the scientific name for summer flounder is misspelled. It should
be Paralichthys dentatus.
On page 167 and 168 the names of several waterfowl species are neither listed
or spelled incorrectly, The following corrections are taken from the 1983
edition of the American Ornithologists' Union Checklist of North American
Birds:
mallard Anas platyrhynchos
American black duck Anas rubripes
wood duck Aix sponsa
American wigeon Anas americana
canvasback Aythya valisineria
lesser scaup Aythya affinis
snow goose Chen caerulescens
tundra swan Cygnus columbianus.
We appreciate the opportunity to comment on the Virginia document and regret
the delay. If you have questions on these comments, please contact Suzanne
Hair of the Fish and Wildlife Service, 1825B Virginia Street, Annapolis,
Maryland 21401 telephone (301) 269-5448.
Sincerely,
Enclosure
Anita J. Miller
Regional Environmental Officer
cc: Mr. Edward Wilczynski, NOAA
Bacopa stragula
Bacopa simulans
Calamovilfa brevipilis
Cardamine longii
Carex barrattii
Carex chapmani
Cassia fasciculata var. macrosperme
i.riocaulon parkeri
Helenium virginicum
Helonias bullata
Juncus caesariensis
Lilaeopsis carolinensis
Lobelia boykini
Hicranthemum micranthemoides
Nestronia umbellula
Physostegia leptophylla
Rhexia aristosa
Sida inflexa
Trilliumpusillum virginianum

C-C

United States Department of the Interior
OFFICE OF THE SECRETARY
2

7
MID-ATLANTIC REGION General Comments
Custom House, Room 502
Second and Chestnut Streets In general, we support the goals and objectives of the Virg inia CRMP. The
Philadelphia, Pennsylvania 19106 passage of statutes to protect non-vegetated tidal wetlands and coastal pri-
mary sand dunes Indicates an understanding of ecological processes occurring
November 14, 1985 along the coast and the need for protection of these resources. Discussions
of erosion and sedimentation in the document indicate an awareness of the
increasing environmental problems associated with these processes.
ER 95/1295 However, there appear to be some inherent problems in the Commoowedlth'@
regulatory framework which may impact the effectiveness with which certain
programs are carried out. Areas of particular concern to us are C(IdStal
primary dune protection, wetlands management and protect ion of non-t idal
Joseph A. Uravitch, Regional Manager wetlands, all of which are (or would be) overseen by the Vir(linia Marine,
Great Lakes and South Atlantic Regions Resources Commission (VMRC) - We note that inuone,case in the past, invoi@iiiil
Office of Ocean and Coastal Resource a proposed activity on coastal primary sand d nes the state legislature
Management granted an exemption from the coastal Primary Sand Dune Protection Act Afte,
3300 Whitehaven Street, NW permit applications for the activity had been denied by both the lo, 11
Washington, D.C. 20235 Wetlands Board and the YMRC. In the event that this becoine,. i frt-titio,ii
occurrence, it would be difficult to maintain an effective oI,;lal rc',ss(II(-
management program. We are also concerned with some of tho ,irrt.fi I I v
Dear Mr. Uravitch: being issued without compensation for the aquatic habitat being lo,J. I his
dec I fne of the resources in the Chesapeake Bay I s the resu I t of man y f (imij I,i -
This letter provides the Department of the Interior's supplemental comments tive actions that are incompletely mitigated. Each loss of fringing wet kind
concerning the draft environmental impact statement on the proposed and productive shal low water causes a concomitant loss of f i 0h, wi Idl I fc, *and
Commonwealth of Virginia Coastal Resources Management Program (CRMP). habitat. Only through adequate mitigation can we expect to naintain corrent
populations. Restoration of historic levels will require enhancement effort@.
FISH AND WILDLIFE RESOURCES An aggressive CRMPmust recognize these historic and ongoing changes, their
causes, and ways to rectify the existing problems. Wetlands protection is an
As background to our comments, we note-that the U.S. Fish and Wildlife Service important part of a coastal resources management plan. In addition to veq(,-
(FWS) has certain responsibilities and operations, as mandated by Congress, tated and non-vegetated tidal wetlands protection, we would like to
that will remain unchanged by implementation of the Cormnonwealth'% program Virginia provide some type of protection for non-tidal wetlands d@ well. A,.
(Section 307 (e)(1), CZM Act, 1972).. Specific legislation mandates FWS with tidal wetlands, these areas serve important ecological fLA11F.1 1011@ '.01 1] 1'@
involvement in the coastal zone, and includes protection and enhancement flood control , water quality improvement, food chain support and nutt it-sit
responsibility for migratory birds, anadromous fish, aquatic species including cycling and additionally serve socio-economic functions involving cori@wnpt lv@@
mammals and reptiles, and endangered species. Additionally. under the pro- and non-consumptive uses. We consider the protection of such wet land@ Io hc I
visions of the Fish and Wildlife Coordination Act, as amended, FWS par- necessity for effective land and water resource management. We -ould
ticipates in the Section 10 (River and Harbor Act, 1899) and Section 404 encourage the CRMP to address the concepts of mitigation and ( ompen,,at i-i to,
(Federal Water Pollution Control Act Amendments, 1972) regulatory program unavoidable habitat losses.
executed by the U.S. Army Corps of Engineers. The FWS mission in the coastal
zone is to protect (preserve, restore and improve) fish, wildlife and An issue which we feel needs clarification or further treatment i@ that )f
naturally functioning aquatic and wetland ecosystems, and to discourage activ- agricultural runoff. According to the DEIS, agricultural runoff i@ P@efni)t
ities and developments that would individually or cumulatively unnecessaril-y from the standards and guidelines established under the 1973 Virmn,a f
destroy, damage or degrade fish and wildlife resources. It is FWS practice, and Sediment Control law. Since agricultural operations have the polont I'll
in cases where proposed works are water -dependent, to recommend that unavoid- for significant contribution to erosion, sedimentation and watpr (ItNradat i-i,
able damages or losses of such resources be reasonably mitigated or com- it would be appropriate to establish some type of control over such ol-ra-
pensated. tions. Additional efforts such as the institution of Best Management .
Practices (BMP's) for agricultural activities would aid in reducing adveTse
environmental impacts. We found no mention of such efforts in thi, document
F-1

2
The Federal consistency process contained in the Program to in accordance For further Information on the Historic PresERVATION FUND PROGRAM WE RECOMMEND
with the procedures presently employed by the MMS Atlantic OCS Region as that contact be made with the SHPO, Bryan MITCHELL EXECUTIVE DIRECTOR
per existing regulations. It should be noted. however, that Volume 1, Virginia Historic Landmarks Commission, 221 GOVERNOR STREET RICHMOND
page X-5, first paragraph, line 13, states chat, In the event of a State Virginia 23219 (804/706-3143).
objection to the consistency certification of an exploration plan, the
Federal Agency (MMS) "may not approve the plan or issue any license or Shorefront Access
permit . . . ." In conformance with regulations found at 30 CFR 250.34-1 TWO additional programs for consideration uNDER CHAPTER VI SHOREFRONT ACCESS
(e)(2). the Director of 14MS must take action (i.e., approval. modification, Planning and Protection are the National TRAILS SYSTEM AND THE NATIONAL WILD
or disapproval) an a proposed exploration plan which encloses consistency and Scenic Rivers System. The National TraIL SYSTEMS ACT PUBLIC LAW 9D-54
certifications, within 30 day of submission. The State review period for
exploration plans and related applications is 90 days. As a result, It is as amended, provides the means for inSTITUTING A NATIONAL SYSTEM OF RECREATION.
possible for a State to object to an Atlantic lessee's exploration plan scenic, and hisToric trails to promote the PRESERVATION OF PUBLIC ACCESS TO
consistency certification after the plan itself has received approval. travel within, open space, outdoor areas, anD HISTORIC RESOURCES OF THE NATION
However, in accordance with regulations found at 30 CFR 250.34-1(1), no Of 12 National Recreation Trails, designated BY THE SECRETARY OF THE INTERIOR
license or permit (e.g., peRmit to drill) shall be issued until such time into the National System in Virginia, SEASHORE STATE PARK TRAIL SYSTEM IS THE
THAT STATES WITH APPROVED COASTAL ZONE MANAGEMENT PROGRAMS HAVE CONCURRED only one located in the Coastal ZONE.
or have been conclusively presumed to concur. with the lessee's (i.e.,
APPLICANT'S COASTAL ZONE CONSISTENCY CERTIFICATION ACCOMPANYING AN THE WILD AND SCENIC RIVERS ACT PUBLIC LAW 90-542 AS AMENDED PROVIDES FOR the protection of certain of our country's r
exploration plan. THE PROTECTION OF CERTAIN OF OUR COUNTRY'S REMAINING FREE-FLOWING RIVERS
According to regulations found at 250.34-)(g), in the case of an objection, PRESERVING THEM FOR THE USE AND ENJOYMENT OF PRESENT AND FUTURE GENERATIONS
thE "approved" plan shall he returned to the lessee for modification to IT IS THE PURPOSE OF THE ACT TO PRESERVE AND PROTECT THE OUTSTANDINGLY
accommodate the State's objection. Alternatively, the objection can be REMARKABLE VALUES ASSOCIATED WITH THOSE RIVERS AND TO MAKE THEM ACCESSIBLE
appealed to the Secretary of Commerce pursuant to the procedures described TO THE PUBLIC. FOR FURTHER INFORMATION, CONTACT MAY BE MADE WITH THE FEDERAL
in Section 307 of the Coastal Zone Management Act and the implementing Third Street, Philadelphia, Pennsylvania 191
regulations. In no case will a permit or license be granted until the Fish and Wildlife Resources
SeCretary of Commerce has taken action on the consistency objection.
Although we have not identified any SIGNIFICANT FISH AND WILDLIFE ISSUES AT
Federal Assistance to State and Local Governments THIS TIME IT IS OUR INTENTION TO PROVIDE YOU WITH ADDITIONAL COMMENTS BY
For InFormation purposes, we suggest that the list of federal activities early November.
involving Federal assistance to State and local governments (Chapter X) Summary Comments
and subject to consistency review under the Virginia Coastal Program; be.
referenced specifically as to the title and source. Two such programs WITH the exception of revisions to Chapter X TO ADDRESS THE OCS ISSUES
administered by the National Park Service are the Land and Water Conservation have discussed above, we note no significant CONFLICTS OF THE PROPOSED
Fund and the National Historic Preservation Fund. Virginia Coastal Resources Management PROGRAM WITH DEPARTMENT OF THE INTERIOR
The Land and Water Conservation Fund Program provides fifty percent matching programs, and find that the draft ENVIRONMENTAL STATEMENT ADEQUATELY ADDRESSES
grants to States and through the States to local governments, for acquisition OUR CONCERNS.
and/or development of outdoor recreation areas. Foy specific information Thank you for the opportunity to provide COMMENTS.
on the Land and Water Conservation Fund Program in the State of Virginia,
contact can be made with the State Liaison Officer, Arthur H. Buehler, Jr., SINCERELY
Director, Outdoor Recreation Services Section, Division of Parks and
Recreation, 1201 Washington BUILDING, Capital Square, Richmond,
Virginia 23219 (804/786-2556).
The Historic Preservation Fund Program provides matching funds to States
for the acquisition and development of properties listed in the National Re
Register of Historic Places. The StaTe Historic Preservation Officer (SHPO) cc: Mr. Edward Wilczynski
allocates the funds for projects up to fifty percent of the eligible and Ecology & Conservation Division
approved cost. Funds are usually made available on a reimbursement basis. National Oceanic and Atmospheric AdmINISTRATION
Washington, D.C. 20230

UNITED STATES COAST GUARD

UNITED STATES
COAST GUARD
United States Department of the Interior
OFFICE 0F THE SECRETARY
MID-ATLANTIC REGION
Costan House. RooM 502 MR. JOSEPH A. URAVITCH
SECONDnd And ChEStNUT StreEt REGIONAL MANAGER
PHILADELPHIA, PENNSYLVANIA 19108

[ER 85/1295 October 11, 1985
3300 WHITEHAVEN STREET, N.W.
WASHINGTON, D.C. 20235

Dear Mr. Uravitch:
JOSEPH A. URAVITCH, REGIONAL MANAGER
GREAT LAKES and South Atlantic rEGIONs We have REVIEWED VIRGINIA's CoastAL Resource ManaGEMENT PROGRAM AND DRAFT
Office of Ocean And COASTAL RESOURCE ENVIRONMENTAL Impact Statement and offer the FOLLOWING COMMENTS.
MANAGEMENT
3300 Whitehaven Street
WashinGton. D.C. 20235 Since THE UNDERWATER HISTORIC Property SEction of the VIRGINIA CODE IS TO BE A
part of the program, it Is recommended that the FOLLOWING LANGUAGE BE INCLUDED.
Dear MR PRAVITCH: NothINg Is (SeCtIOn 10-262 of the VIRGINIa Code) MAY BE CONSTRUED TO DIVEST
THE UNITED States of any property Interest In submergeD PROPERTY OWNED BY THE
THE DEPARTMENT OF THE INTERIOR HAS REVIEWED THE DRAFT ENVIRONMENTAL IMPACT United States. noR may It restrict the right of the UNITED STATES TO ENGAGE IN
statement on the PROPOSAL COMMONWEALTH OF VIRGINIA COASTAL REOURCES saLvaGe of any such PROPERTY
MANAGEMENT PROGRAM. WE OFFER THE FOLLOWING COMMENTS FOR YOUR CONSIDERATION.
OUTER CONTINENTAL SHELF ACTIVITIES SINCERELY,
We notE That the Virginia CoASTAl Management Program includes a GOal to
encourage exploration and prOduction of outer continental shelf (OCS)
ENERGYy reserves, and expresses support for OCS oil and gas development as
long as it Is done in a manner that assures protection of the StatE'S Captain, U.S. COAST GUARD
environmental and economic interests. The Program is in consonance with CHIEF, PLANNING AND EVALUATION STAFF
the objEctIvEs of thE MINERALS MANAGEment Service (MMS mission and the BY DIRECTION OF THE COMMANDANT
Activities of that SERVICES Atlantic OCS Region.
HOWEVER, we recommend revision OF Chapter X, Part C. OCS Plans (pAGESs X-4
And X-5) as described BELow.

THIS ProgrAm identifies federal Consistency issues includinG a process for
reviewing OCS plans. Presumably, the term OCs PlanS" excludes OCS lease
SALES IN Accordance with last year's Supreme Court decision (SecretarY of
the Interior et al. v. California at al.) and recent NATIONAL OCEANIC and
Atmospheric Administration NOAA) regulations (15CFR923 and 930). The
LANGUAGE in the ProGRAM dOCUMENnt does not explicitly state THIS DISTINCTIOn.
however. ror the purposes of clarification and tO avoid ConFUSION, such A
distinction should BE included TO the DOCUMent.

U.S. DEPARTMENT FEDERAL BUILDING
OF TRANSPORTATION FIFTH COAST GUARD DISTRICT 431 CRAWFORD STREET US DepARTMENT
PORTSMOUTH, VA 23705 of Transportation UnITED StaTes
UNITED STATES STAFF SYMBOL (DpL
Coast Guard PhoNE (804) 398-6270 UnITEd StatEs
Coast Guard

16452
Ser.5138 Mr. Joseph A. UrovItch
2 OCtober 1985 Manager. Great Lakes
Mr. William St. J. Chubb & South Atlantic Regions
Senior Staff Officer OFFICE of Ocean
U.S. Department of Transportation & Coastal Resource Management
Office oF THE SECRETARY OF TRANSPORTATION 3300 Whitehaven Street N.W.
REGIONAL REPRESENTATIVE of the Secretary
Washington, D.C. 20235
RegiON III
434 WALNUT STREET DEAr Mr. Uravitch:
PhilaDelphia, Pennsylvania 19106 The language which Michigan wishes to incorporate IN THEIR COASTAL ZONE
Management Program as Indicated in your letter of FEBRUARY 13TH IS STILL
DEar Mr. CHUBB: evasive as to when Federal property in actually abANDONED. AFTER CONSULTATION
With our legal staff. we believe the inclusion of THE FOLLOWING PHRASE
THIS letter is in reference to your memorandum of 5 September 1985,
CONCERNING VirGinia'S COASTAL Resources Management Plan. IN VOLUME (underscored) would clarify this point. After ... SUCH PROPERTY, UNLESS THE
I, PARAGRAPH 3 ON PAGE 3-1 PARAGRAPH U ON PAGE 173 STATE THAT Federal Government has affirmatively disclaimed tiTLE TO THE PROPERTY. THE

the Virginia CouNcil on the Environment will determine wHether a above language would be applicable to the Virginia PROGRAM ALSO.
federal activity as proposed will be consistent or inconsiStent wiTH This amended language would still preserve the iNTENT OF MICHIGAN AND VIRGINIA
THE MANAGEMENT PROGRAM. IN ACCORDANCE WITH 15 CFR 930.34(a), to manage underwater historic property while at tHE SAME TIME CLARIFYING THE
FEDERAL AGENCIES ARE RESPONSIBLE FOR DETERMINING WHETHER status of Federal property located on state bottom LANDS.
activity will affECt THe coastal zone AND wheTHer those ACTIVITIES
ARE consiStent witH THE STATE'S approved program.

Sincerely,

MARVIN H. BAINES, Jr.
ENVIRONMENTAL PROtection Specialist
BY DIRECTION OF THE ComMMAMDER, By directioN OF THE COMMANDANT
FIFTH COAST GUARD DISTRICT

Coastal Resources Management Program, Chapter X Eaderal
gonaiate=, "federal agencies must provide the COE with all We appreciate the opportunity to review the proposed
applicable NEPA documents-for the COE$s review of the Coastal Resources Management Program and DEIS. It additional
agencyls consistency determination". Will COE now require information or clarification @of comments is required, please
submission of lesser environmental documentation such feel free to contact our representative on this matter
s Records of Environmental Consideration and Environmental Ms. Susan Scherff of the U.S. Army Training and Doctri"e
a 23651-5000.
Assessments for proposed actions with no significant Command, ATTN: ATEN-FK, Fort Monroe, VA
environmental impact or actions that are categorically Ms. Scherff may be reached at telephone number (804)
excluded? 727-3300/3335.
3. Under the proposed Coastal Primary Sand Dune ly,
Guidelines (Appendix 111-5), activities in primary dunes. Thomas H. Maqn4sa("Ill
@iij now require prior authorization, through the existing Colonel, Corps of Engineers
30int POmit application process presently used for obtaining Chief, Army Environmental office
authorization of activities in tidal zone, wetlands or
navigable waters. will this new requirement be retroactive
and applicable to previously proposed activities in primary
dunes that have already undergone review in accordance with CF*
the National Environmental Policy Act (NEPA)? Specifically, U.S, Department of Commerce
there are three (3) multi-million dollar projects currently National oceanic and Atmospheric
programmed at Fort Story, VA. These projects involve some Administration
construction in coastal primary dunes and, accordingly, have ATTN: Mr. Edward Wilczynski
been addressed in an Environmental Impact Statement for the Room 5813
on-going nission at Fort Story which was recently filed by Washington, D.C. 20230
the Army under the requirements of NEPA. If in accordance
with the proposed Coastal Management Program a permit must
now be obtained from the Virginia Marine Resources
Commission, the timely programming of Nnds for these
projects may be jeopardized and, subsequently, the Fort Story
mission may be impaired.
4. Under tne proposed management program the local
community w&uld acquire permittinq Authority over activities
affectisNq coastal regoarces. A single contact should be
established at the state level for federal activities to
deal directly with, rather than having to coordinate with
numerous local committees. A single centralized permitting
authority established at'the state level would enable federal
activities to standardize their approach to coordinating with
the Commonwealth and would ensure uniform evaluations devoid
of influence from the local political climate.

DEPARTMENT OF THE ARMY
c. Federal ConsistepSL. OFFICE OF THEC HIEF OF ENGINEERS
WASHINGTON. OC 20310 2600
1) pages X-1 through X-6 address federal consistency requirements
adequately. However, we note that the VCRMP and DEIS does not specifically OCT MIS
mention the intergovernmental coordination process formerly under OHS
Circular A-95, and now carried under Executive Order (E.O.) 12372. Under
E.O. 12372, Section 2(a), we are required to use the state comment process
through the state single point of contact (SPOC) for consistency
notification or other coordination actions. The VCRMP and DEIS indicates on
page X-2 that while the Virginia Council on the Environment (COE) prefers DAEN-ZCE
notification of federal agency actions through the NEPA process that
" ... Other federal processes will serve for notification ... * We take this
to mean that the state coordination process as required under E.O. 12372
will be acceptable for filing consistency determinations. Thus, Air Force Joseph A. Uravitch, Regional Manager
activities in the Virginia coastal zone will use the E.O. 12372 process for Great Lakes and South Atlantic Regions
filing determinations. We suggest that a statement be inserted on page X-2, Office of ocean and Coastal
last paragraph, to clarify the state's intention to use the E.O. 12372 Resource Management
,%inn whit.h.,- ct-..i- " w
process tor coordination. Washington, D.C. 2023@
(2) Page X-2, paragraph three states that where a consistency Dear Mr. Uravitch:
determination is not required ... the federal agency shall provide the COE
with a notification ... briefly setting forth the reasons for'its negative The Department of the Army has received and revir-w(q]
determination.' The Air Force currently participates in sixteen state the Draft Environmental Impact Statement ( D E I S )I nd
coastal management programs in the eastern United States. We have not been Management Program for Coastal Resources in the Commonwealti,
required to furnish a negative declaration on a possible consistency of Virginia. The following comments for your considerition
determination by any of these states. We discussed this matter with Mr.
Joseph Uravitch of your staff on 3 October 1985, and he confirmed that have been provided by the U.S. Army Training and Doctrin,,
negative declarations would not be required on actions where the Air Force Command which operates a number of military installations in
determines that there will be no impact on the coastal zone. Virginia:
2. Thank you for the opportunity to review the VCRM? and DEIS. Our point 1. Excluding from consideration federal undertakings,
which do not impact beyond the area of federal control is
of contact is Mr. Winfred G. Dodson at commercial telephone (404) acknowledged. HOWeVer, under the Commonwealth's proposed
221-6821/6776. Coastal Resources Management Program, the Army as a ifedoral
agency will be "responsible for determining whether its
activities directly affect the coastal zone and wh,,th"r
those activities are consistent to the maxiMLIM VXt,111t
pr,acticable with Virginia's program". The.proposed process
THOMAS D. SIMS cc: HQ USAF/LEEV of submitting a "Consistency determination" to the state will
Chief AHGSC/DEV lengthen an already costly and time consumming process
Environmental Planning Division HO TAC/DEEV established under the Coastal Zone Management Act of 1972 and
I CSG/DEEV could possibly delay national defense activities at Army
NOPLA/Mr. Uravitch installations in Virginia without providing additional
picitection to coastal resources.

tM/R: SE. 2. Currently, the Council on the Environment (COE)
receives for review and comment copies of draft and tinal
Environmental Impact Statements prepared by the Army for
major actions proposed in Virginia. Under the proposed

Advisory DEPARTMENT OF THE AIR FORCE
Council On REGIONAL CIVIL ENGINEER EASTERN REGION HQ AFESC
526 TITLE BUILDING 30 PRYOR STREET SW
Historic
PREServaTion

The Old Post OffiCE Building
1100 PennsYLvania Avenue NW #804 ROV2 4 OCTOBER 1985
WASHINGTON, DC 20004
Reivew of the Virginia Coastal Resources ManAGEMENT PROGRAM VCRMP AND
Draft Environmental Impact Statement (DEIS)

U.S. Department of Commerce
OCT 9 1985 National Oceanic and Atmospheric AdministratiON
Mr. Joseph A. Uravitch Ecology and Conservation Division
Regional Manager Attn: Mr. Edward Wilczynski
Great Lakes and South Atlantic REGIONS Acting Chief
Office of ocean and Coastal 3300 Whitehaven Street, NW
Resource Management WASHINGTON, DC 20235
3300 Whitehaven Street, N.W.
WashiNGton, DC 20235 1. The Air Force Regional Civil Engineer-EasTERN REGION APRCE-ER IS THE
designated Air Force point of contact for the VCRMP. WE HAVE COMPLETED OUT
REF: Virginia Coastal ReSOURCES MANAGEMENT PROGRAM review of the VCRMP and DEIS and offer the foLLOWING COMMENTS:

DEAr Mr. Uravitch: a. Exclusion of Federal Lands. Pages 11-4 AND 11-7, TABLE 11-2, AND
Appendix II-1 adequately provide for the exclUSION OF FEDERAL LANDS FROM
Thank you fOr providing US with a copy of tHE Draft EnvironMENTAL Impact Virginia's coastal zone. However, we note thE FOLLOWING REGARDING SPECIFIC
Statement for NOAA's propOseD approval of the referenced program. As has Air Force properties:
already been discussed betwEen Ms. June Craddock of your office and Ronald
Anzalone of the Council, thE various references and commitments concerning (1) Langley APB acreage, in Appendix TABLE 11-1, SHOULD BE OWNED:
protection of historic properties contained in the document respond to the 2883.0; lesser int.: 269.0.
concerns raised in our letter of January 16, 1985. With regard to the
Office of ocean and Coastal Resource Management's approval of the Virginia (2) Langley Family Housing Knnex acREAGE IN APPENDIX TABLE 11-1
program, we have no objection to your deteRMINation of no adverse effect. should be owned: 284.0; lesser int.: 4.0. LOCALITY SHOULD BE POQUOSON,
not York.
With regard to case-specific dispersal of Federal funds for construction
projects Or non-constructION prOGRAMS, WE appreciate NOAA's cOMMITMENT to 3) Byrd Field acreage in Appendix TABLE 11-1 SHOULD BE OWNED
ensure appropriate cOMPLIANCE with Section 106 of the National Historic lesser int.: 143.0.
Preservation Act (DEIS, p. 183). Please consult with the Virginia State
Historic Preservation Officer on a case-by-case basis, as necessary, and (4) These properties no Longer BELONG TO THE AIR FORCE AND SHOULD
follow any remaining steps under the Council's regulations (36 CFR Part be deleted from Appendix Table 11-1:
800) if any historic or archeological properties may be affected.
Morrison Radio Beacon Annex
Thank you for your continued cooperation. If you have any questions or Cape Charles Communication FaCILITY
wish to discuss these issues further. please contact Ronald D. AnzalonE at Cape Charles Facility Annex
202-786-0505 (an FTS number). Langley Missile Site

Sincerely, (5) The total acreage for Air Force LANDS IN TABLE 11-2 ON PAGE
11-7 should be changed to 3583.0.

National Defense. The VCRMP and DEIS ADEQUATELY COVER NATIONAL
DEFENSe as an important consideration in the NATIONAL INTEREST ON PAGES IV-4
Don L. Klima through IV-6 and in Appendix II-1.
Chief, Eastern Division
of Project Review

PART IX - COMPENDIUM OF COMMENTS RECEIVED ON THE DEI.S/VCRMP

-2-

2 years Virginia Office of the Secretary of
Commerce and Resources

3 years Virginia Division of State Planning
and C)inmunity Affairs

Larry 0. MinoCk, Senior Environmental Program Analyst, Council on the
Environment Commonwealth of Virginia

Degrees: B.A. Unive,sity of Michigan, 1958
Histo,y

M.A. University of Michigan, 1966
Geography

Experience: 7 years Commonwealth of Virginia Council on
the Environment

2 years Virjiria Office of the Secretary of
Commerce and Resources

3 yrs.. Richmcnd Regional Planning District
Commission

Janice M. Carter-Lovejoy, Environmental Programs Supervisor, Council on the
Environment, Commonwealth of Virginia

Degrees: B. Ph. Grand Valley State College, 1979
Environmental Studies and Elementary Education

M.S. Florida State University, 1983
Uroan and Regional Planning

Experience: 2 years Commoniiealth of Virginia Council on
the Environment

I year City o" Richmond

PART V111: LISI_ UF OOCUMENT PREPARERS

Josepn A. Uravitcn, 6reat Lakes and Soutri Atlantic Regional Manager,
Office of Ocean and Coastal Resource Manayefnent

Oeyrees: B.A. Case Western Reserve University, 1970
Political Science

M.U.R.P. George Washington University, 1977
Uroan and Regional Planning

Experience: 9 years NUAA, Office of Ocean and Coastal
Resource Management

2 years Other professional planning experience
at the U.S. Dept. of Navy

Richard B. Mieremet, Coastal Hazarcls and Technical Assistance Coordinator,
Office of Ocean and Coastal Resource Management

Degrees: B.S. University of Maryland, 1972
Conservation and Resource Development

M.S. University of Michigan, 1974
Water Resource Management

M.A. Salve Regina College, 1984
International Relations

Experience: 12 years Environmental Assessment and
EIS Preparation
CZM issues and-program approval

Keith J. Buttleman, Administrator, Council on the Environment, Commonwealth
of Virginia

Ue,jrees: B.A. University of Virginia, 1968
Political Science

M.A. University of Virginia, 1973
Uroan and Regional Pldnninq

Experience: 8 years Virginia Council on the Environment

PART VIII - OUCUPIENT PREPARERS

State Distribution (continued)

Surry County Board of Supervisors
Chesapeake Bay Foundation
WestmorLand County Board of Supervisors Citizens Program for the Chesapeake Bay
York County Board of Supervisors. Conservation Council of Virginia
Environmental Defense Fund
Community Colleges Virginia Federation of Garden Clubs
Float Fishermen of Virginia
Blue Ridge Garden Club of Virginia
Central Virginia Izaak Walton League, Virginia Chapter
Daoney S Lancaster Leauge of Women Voters, Virginia
Danville Chapter
Eastern Shore Virginia Wildlife Federation
J. Sargeant Reynolds Nature Conservancy, Virginia Chapter
John Tyler CARE
Lord Fairfax Ducks Unlimited
Mountain Empire Lower James River Association
New River Rappanannock League for Environmental
Northern Virginia Procection
Patrick Henry Save the Old Planxacank
Paul O Camp Tidewater Marine Trade Association
Piedmont Virginia Virginia Seafood Council
Rappanannock Virginia Waterman's Association
Southside Virginia Virginia Working Waterman's Association
Southwest Virginia Virginia Association of Realtors
Thomas Nelson Virginia Homebuilders Association
Tidewater
Virginia Highlands Planning District Commissions
Virginia Western
Wytheville Lenowisco
Cumberland Plateau
Public Interest Groups and Organizations Mount Rogers
New River Valley
Virginia Environmental Endowment Fifth
Virginia Farm Bureau Federation
Virginia Forestry Association Central Shenandoah
Virginia Petroleum Council Lord Fairfax
Virginia Travel Council Thomas Jefferson
State Chamber of Commerce Central Virginia
Virginia Manufacturers Association West Piedmont
Rural, Inc. Southside
Northern Virginia Conservation Council Piedmont
Piedmont Environmental Council Richmond Regional
Sierra Club/Old Dominion Chapter Rappahannock-Rapidan
Sierra Club/Falls of the James Chapter RADCO
Trout Unlimited Northern Virginia
Virginia Agriousiness Council Northern Neck
Virginia Association of Counties Middle Peninsula
Virginia Association of Marine Industries Crater
Virginia Association of Soil and water Southeastern Virginia
Conservation Districts Peninsula
Virginia B.A.S.S. Federation Accomack-Northampton
Virginia Municipal League

State Distribution

Bristol-Herald Courier/ Virginia-Tennessean Richmond Times-Dispatch
Smith County news richmond newsleader
the southwest virginia enterprise state air pollution control board
the coalfield progress state corporation commission
the richlands news-press division of mined land reclamation
the lebannon news virginia institute of marine science
the free-lance star public beach commisssion
the globe newspapers assistant attorney general
the journal newspapers chesapeake bay commission
the loudoun times-mirror agricultural experiment station vpi&su
the fauquier democrat old dominion university
the daily press/the times-herald university of virginia
the virginian-pilot/the ledger-star alexandria city manager
the chesapeake post chesapeake city manager
the suffolk news-herald colonial heights city manager
the virginia beach sun hampton city manager
the danville bee hopewell city manager
martinsville bulletin newport news city manager
the star-tribune norfolk city manager
the potomac news petersburg city manager
westmoreland news portsmouth city manager
the northern neck news poquoson city manager
the northumberland echo richmond city manager
the rappanannock record suffolk city manager
southside sentinel senate finance committee
the tidewater river virginia liaison office/washington, d.c.
the gazette-journal king william county board of supervisors
the virginia gazette lancaster county board of supervisors
the york town crier mathews county board of supervisors
spotsylvania citizen middlesex county board of supervisors
the rappanannock times new kent board of supervisors
the hopewell news gloucester county board of supervisors
the daily advance news hanover county board of supervisors
the roanoke times and world news stafford county board of supervisors
virginia house of delegates northampton county board of supervisors
senate of virginia northumberland county board of supervisors
secretary of commerce and resources prince georges county board of supervisors
virginia house of delegates prince william county board of supervisors
general assembly staff richmond county board of supervisors
secretary of commerce and resources spotsylvania county board of supervisors
marine resources commission virginia beach city manager
commission of game and inland fisheries williamsburg city manager
soil and water conservation commission accamack county board of supervisors
state water control board arlington court house
department of health caroline county board of supervisors
department of conservation and economic charles city county board of supervisors
development chesterfield county board of supervisors
division of parks and recreation essex county board of supervisors
the progress-index

PART VII. LIST OF AGENCIES, ORCiANIZATIONS, AND PERSONS RECEIVING THE DEIS DOCUMENT

Federal A@encies

Advisory Council on Historic Preservation The Cousteau Society
Department of Agriculture CZM Newsletter
Department of Commerce Environmental Policy Center
Department of Defense Environmental Defense Fund, Inc.
Department of Energy Environmental Law Institute
Department of Health and Human Services EXXON Company, U.S.A.
Uepartment. of Housing and Urban Development Friends of the Earth
Department,of Interior Gulf Oil Exploration and Producti.,i Co.
Department of Justice Gulf Refining Company
Department of Transportation Institute for the Human Envirinment
Environmental Protection Agency Interstate Natural Gas Association of America
Federal Energy Regulatory Commission League of Women Voters Education Fund
General Services Administration Marathon Oil.Company
Marine Mammal Commission Marine Technology Society
Nuclear Regulatory Commission Mobile Oil Corporation
Federal Emergency Management Agency Mobil Exploration and Producing, Inc.
Murphy Oil Company
National Interest Group National Association of Conservation Distric
National Association of Realtors
American Association of Port Authorities National Audubon Society
American Bureau of Shipping National Coalition,for Marine Conservation
American Fisheries Society National Fisheries Institute
American Gas Association National Forest Products Association
American Petroleum Institute National Marine Manufacturers Association
American Shore and Beacn Preservation National Ocean Industries Association
Association National Recreation and Parks Association
Ainerican Society of Civil Engineers National Waterways Conference
American Society of Landscape Architects, Inc. National Wildlife Federation
American Waterways Operators !!atural Resources Defense Council
Amoco Production Company Nature Conservancy
Atlantic Richfield Company Shell Oil Company
Atlantic States Marine Fisheries Commission Sierra Club
Boating Industry Association Soil Conservation Soc'iety of America
Bureau of Marine Resources Sport Fishing Institute
Center for Law and Social Policy Standard Oil Company of Ohio
Center for Urban Affairs Sun Company, Inc.
Center for Urban and Regional Resources Tenneco Oil Company
Chamber of Commerce of the United States Texaco, Inc.
Chevron U.S.A., Inc. United Mobile Sport Fishermen
Cities Service Company. Urban Research and Development
Conservation Foundation Asso'ciation, Inc.
Continental Oil Company Western Oil and Gas Association
Council of State Planning Agencies Wildlife Management Institute

PART VII - DISTuBUTION LIST

ORGANIZATIONS AND ',NDIVIDUALS - Page 6

Response: In House Bil 1 1769, the General Assembly al lowed the construction
of approved bulkheads in a limited area where erosion constitutes an imminent
threat to existing structures. The General Assembly recognized the hardship
imposed on those who built structures before the passage of the Coastal Primary
Sand Ounes Act and whose properties were now threatened with serious erosion
and destruction.

After the General Assembly passed this emergency legislation in its last
session, a House Committee began lookinL at the larger issue of "...what is an
appropriate balance between the rights of property owners and the preservation
of Virginia's wetlands areas." It is expected that a resolution calling for a
formal legislative study of the issue will be introduced in the next session of
the legislature. If the General Assembly decides to take action as a result of
that study, normal legislative procedure would have any change in those laws
take place no sooner than July 1, 1987.

The Office of Ocean and Coastal Resource Management believes the VCRMP
presently contains sufficient allthority to receive Federal approval, and
withholding Federal approval for a possi)le action would deprive Virginia
and the Nation of the benefits of this Coastal Resources Management Program.
However, any new legislation that is adopted in Virginia related to the
coastal area, including revisions to the Coastal Primary Sand Dune Protection
Act', must be submitted to the Office of Ocean and Coastal Resource Management
for incorporat,ion into the Virginia Coastal Resources Management Program.
UCRM would then evaluate the VCRMP to determine whether the program as
revised still contains sufficient authority for continued Federal approval.
The established procedures for revising i Federally approved State coastal
management program as a program amenctment or routine program implementation
activity require review of proposed chanjes by relevant State and Federal
agencies'and interested parties, as described in 15 CFR 934.80 of the
re@ulations.

ORGANIZATIONS AND INDIVIDUALS Page 6

Sand Dune Act is not being implemented. The enforcement of this act will be
closely monitored by the Office of Ocean and Coastal Resource Management.
Enforcement activities will be addressed in the first evaluation of the Virginia
Coastal Resources Management Program under Section 312 of the Coastal Zone
Mana@ement Act, as amended.

Note: Additional copies of the Final Virginia Coastal Resources
ilana@jement Program and Final Environmental Impact Statement will be available
to eacn resident who signed the letter/petition. Copies cannot be mailed
because addresses were not provided.

RUN*S(;HMIU.T, Norfolk, Virginia, October 1, 1985 - Public Hearing Comment.

Comment: Mr. Schmidt would like sanctions to prevent another Sandbridge.
(See comments submit'ted by the Virginia Wildlife Federation). The wetlands
board mewers, are appoiiited by the County Council members who are "owned" by
the developers (ex. R. G. Moore). As a citizen, he wants to be protected
from the wetlands boards.

Response: Please refer to our responses to the Virginia Wildlife
Federation s comments.

VIRGINIA WILDLIFE FEDERATIUN, Carvel Blair, Chairman, Coastal Zone/Marine
Resoufte Cinte. (undated).

1. Comment: Dr. Blair's comments were submitted on Virginia Wildlife
Federation letterhead, and represent his comments on behalf of the Federation
as well as himself as a citizen, professional oceanographer, and Chairman of
the Norfolk Wetlands Board.

Response: Thank you for your review and comments.

2. Comment: General Asseably House Bill 1769 which was passed earlier this
year amended the Coastal Primary Sand Dune Protection Act in Chapter 62 of
Virginia's code. This Dill dealta with a small area of the Sandbridge Beach
Subdivision in the City of Virginia Beach. It stated that the Wetlands Board
was not to prohibit the owners of lots in that subdivision from "erecting and
maintaining protective bulkheads". In July, Delegate A. Victor Thomas, Ghairman
of the House Committee on Conservation and Natural Resources, convened a special
subcommittee to study the impact of House Bill 1769. Delegate Thomas stated
that the General Assembly "still must address the issue of What is an appropriate
balance between the rights of property owners and the preservation of Virginia's
wetlands areas." The General Assembly may reopen the question of sand dune
zoning,when they meet early next year. There is a definite danger that the
protective provisions of the Act will be weakened. NUAA should withhold approval
of the VCRMP until it has been determined whether the Coastal Primary Sand'Dune
Act will remain in effect as it stands now or whether it will be unacceptably
weakened by next year's General Assembly. If the General Assembly significantly
weakens the Sand Dunes Management Law, the plan should not be approved until
this serious deficiency is rectified.

OR LiAN I ZAT I ONS AND I NO I / I DUALS - Page 4

Program since the Conservancy and tne Se,,bolt family together are the no] ders of
14 of' Virjinia's 16 barrier islands.

Response: The Nature Conservancy was sent a copy of the August 1985 Draft
Virginia Coastal Resources Management Program and Environmental Impact Statement,
as well as the Commonwealth's 1984 draft public review document. Public hearings
were held on tne State's draft document *n the fall of 1984 and the 1965 draft
program and environmental impact statement in the fall of 1986. Every attempt
was made to have adequate public involvement and review of these documents. We
apologize for overlooking the Seybolt family.

Z. Comment: The highest priority of usE of the barrier Island Geographic Area
of Particular Concern is preservation anc the uses of lower priority are fishing,
fowling and hunting. Fishing, fowling, dnd hunting are highly important to the
history of the barrier Islands. It must be remembered that historically the
Barrier Islands had fishing, fowling and hunting communities and most of these
islands are less developed now than they were previously.

Response: The priorities of use are advisory and do not automatically
exclude any activities. Rather, they are given as guidelines for.considerin@j
the use of a Geographic Area of Particular Concern.

3. Comment: On Page VI-7 (E) there is a discussion of the Virginia Supreme
Court case, Bradford vs The Nature Conservanc , 1982. This discusses the
existence of certain common lands that provivp access for public fishing,
fowling, and hunting on certain wetlands and intertidal zones. . The program
document should mention that it was shown that marshland granted prior to -1830
and intertidal strips granted prior to 1770 are exempted from common access..

Response: The document has been revised to reflect your comments.

4. Comment: Pages 148 and 149 of the pr)gram docume-nt should be revised to
reflect the fact that the northern 1/2 mile of Metomkin Island, known. as Gargathy
bedCn, is held by the owner of Assawoman Island.

Response: The document has been revised to reflect your comment.

Jon V. Shay and 33 Concerned Virginia dea:h Residents, Uctober 7, 198b.

Comment: The City of Virginia Beach s Wetlands Board, Wetlands Engineering
Department, Planning Commission, the Virj, nia Marine Resources Commission and
the State's General Assembly cannot/will not properly enforce the regulations
of the Coastal Primary Sand Dune Act. It is a proven fact that tearing into
dunes to build an oceanfront home is not i;mart. There is a law against it.
Why are builders still bulldozing the dun(!s and putting up houses? If the
current Coastal Primary Sand Dune Act is not practical - let's change it. It
is a wise piece of legislation and the Government agencies should enforce it
to the letter. Federal Coastal Managemenl Grants for the State of Virginia
should be withheld until the various governing bodies can live by the rules
or-Lhe provisions of the Coastal Primary !,and Dune Act are changed.

Response: At this point NOAA has no indication that the Coastal Primary

ORGANIZATION AND INDIVIOUALS Page 3

Secertdry of Human Resources.
Response: The new VCRMP Executive Order provides for cabinet-level
coordination by the Secretary of Natural Resources for matters relating
to the Program.

GLEN14 A. MATTHEWS, delvedere Farm, Inc., December 19, 1985.

Comment: Page lb6 at the top starts off: "front urban runoff", this
sente'nceis incomplete. On page 16U, the American oyster name, Crassostrea
virginica, should be underlined and bivalve at the bottom of the page is
spel led incorrectly. References for tables (ex. 177 - Table 2) and figures
(ex. page 181 - Figures 1, 2, and 3) should be provided. Other tables and
figures throughout the draft should be referenced.

Response: rhank you for your review and comments. The document has
been revised to reflect your comments.

0HUNAL MARINE MANUFACTURERS ASSOCIATION, Lars Granholm, Director of Technical
Services, September 19, 1985

Comment: The document is very interesting. Future mailings should be
addressed to Mr. Granholm.

Response: Thank you for your review. Future documents will be forwarded
to yotT_73irectly.

MRS. KATHLEEN M. SCHUMACHER, Virginia Beach, Virginia, October 7, 1985.

Comment: As a homeowner on the Sandoridge oceanfront, Mrs. Schumacher
does her be;t to protect the dune by planting, fertilizing, fencing and by
keeping people off the dunes. No one seems to know where the primary sand
dune starts and ends. Beyond this, property owners are unsure about their
rights concerning walKways, septic tanks, etc.

Mrs. Schumacher would appreciate some guidance concerning what is a
primary sand d'une and what her property rights are.

Response: The City of Virginia beach has a.Wetlands Board and associated
staff who can provide citizens with information on the primary sand dunes.
The Virginia Marine Resources Commission and the Virginia Institute of Marine
Sciences are also available to provide technical assistance to landowners.

CALVERT H. SEYBOLT, Boston, Massachusetts, October 23, 1985.

1. Comment: The Seybolt family, which owns-Assawoman Island and pa-rt of the
Metomkin Island known as Gargathy Beach, did not have knowledge of the proposed
pro@ram during its development. The Nature Conservancy and the land owners
Should nave been made aware of the proposed Virginia Coastal Resources Management

ORGANILATIONS ANJ INDIVIOUALS - Page 2

13. Comment: Page 111-1 - Fisheries Management - When commenting on a
proposed oil refinery in Portsmouth, a former MRC Commissioner specified that
[ARC could only comment on those portions of the project over which MRC had
legal jurisdiction, i.e. pier construction and dredging, but no consideration
of oil spills. The Water and Air Pollu:ion Control Boards made similar,
narrowly-focused reviews and all three agencies issued permits. The then
acting Administrator of the Virginia Coincil on the Environment acknowledged
deep concern over potential adverse imp-icts to the coastal marine environment,
but pointed to the fact that the refine'y had obtained all required State and
local permits, and so endorsed the proji!ct. If each permitting agency can
only look at one small part of a projec,;, and if the Council is going to rely
on the permitting agencies' reviews, who in the State is going to give the
comprehensive review of a project as required by the CZMA? How can MRC fulfill
the policy goal "to conserve and enhanc(t finfiSh and shellfish resources" if
tney are, indeed, precluded from considering a project's secondary and indirect
impacts? Was MRC's position at that ti(le regarding secondary impacts the same
as it is now? Who, if not MRC, could consider the potential impacts of oil
spills resulting from construction of ao oil refinery? This would have
oovious implications to finfish and shellfish resources.

Response: Pursuant to the Governor's Executive Order, the Council on
the Environment will be the lead agency for the VCRMP and will have the
responsibility for.maintaining a comprerensive overview of coastal resources
issues, programs and projects.

4. Comment: Page III-]] - Isn't it true that "The Department can insure
land urDing activities are controll(d..." but that-in practi-E-e-, enforce-
ment is left to the localities? Uoesn't.this result in d program which is
applied differently and with varyi.ng entnusiasm in each county and city?

Response: The State's Erosion and Sediment Control Act is implemented
by local governments. The Soil and Water Conservation Commission, assisted
by the Department of Conservation dnd,Historic Resources, has the responsibility
for periodically reviewin@ local administration of the State law and can seek
a legal remedy to ensure adequate local administration of the State law.

6. Comment: Page 111-12 - Isn't it SwCB's policy to allow NPOES violations
to continue if a company is making progress toward correcting the situation?
How many discharges has the SWCb actually halted because of NPUES violations?

Response: It is the basic policy of the Virginia Water Control Board (VWCB)
to work With permit holders to correct NPOES violations. In some few instances
the SWCB has fuund it necessary to shut Jown-an operation because there has
been an acute environmental problem that demanded an immediate resolution.
For the most part, the permit holder and the SWCB arrive at an a@reement on a
voluntary consent order that specifies h)w and When the NPOES violation is to
be corrected. Where agreement. cannot be reached after negotiations, the SWC6
uses the involuntary approach of a speci all order to bring an operation into
compliance with the NPOES Permit..

6.. Comment: Page IV-1 - The Secretary of Natural Resources is given overall
review of the VCRMP out, according to Taole IV-1 , the Uepartment of Health
(Which on page III-lb is given charge of Shoreline sanitation) is under the

ORGANILATIONS AND INDIVIDUALS

ANN B. FLIPPI, WilliamsDur@, Virjinia. (undated)

Comment: Many people-who own and rent cottages at Sandbridye live all
over the United States and Canada and would not see the small article in the
Virginia Beach Beacon. The article in the paper on Sunday, with comments due
on Monday, shows a lack Of interest on the part of the Commonwealth and the
Federal government in the beach at Sandbridye@. Doesn't anyone realize that
there isn't any more beach being made and the population is growing rapidly?
It is unclear Whether bulkheading is the answer for Sandbridye, but at least
it makes people think.

Response: The article which you read in the Beacon discussed one of the
four puDlic h arings which the U.S. Department of Commerce and the Virginia
Council on the Environment held on the proposed Virginia Coastal Resources
Management Program. These hearings were held for the purpose of receiving
comments on the proposed Virginia Coastal Resources Management Proyram and
Federal Draft Environmental Impact Statement. The document was distributed
to interested Federal, Commonwealth, and local agencies and interested
parties in early August with public notice of its availability. A number of
advertisements were placed in eight newspapers throughout the Commonwealth
informing interested parties of the availability of the document as well as
the public hearings. The Federal government and the Commonwealth government
are interested in the issues facing the Sandbridge area as well as the rest
of the*coastal area of the Commonwealth of Virginia. We look forward to
working with all interested parties during implementation of the Virginia
Coastal Resources Management Program.

60B,HUME, Virginia Beach Res,ident, October 7, 1985.

1. Comment: Virginia should adopt a strong coastal resource policy and, all
things being equal, Mr. Hume would rather the program be assisted by Federal
grant money than not.: However, he is opposed to the inevitable increase in
the Federal aeficit-unless the grant money is used to provide additional
mana@ement and protection of Virginia's coastal resources, instead of inerely
freeing up State money currently used to provide the same services.

Response: It is the intent of the Commonwealth that.CZMA funds be used
to 1) assist coastal area local governments and planning districts to carry
out coastal resources related activities and 2) to augment rather than replace
funding for state CRM activities.

2. Comment: Page 11-1 - Would all water-related projects in all of those
listed counties be control led by the VCRMP, or only those waters which flow
into the tidal -waters of Virginia? (e..g. projects in Prince George, Surry,
Isle of Wright Counties and Suffolk located in waters which drain into the
Biackwater River?)

Response: The State coastal zone as described in the VCRMP is
aelineated along local government boundaries. The definition of the State
coastal zone does nut distinguish between those surface waters that flow into
North Carolina's surface waters and those that flow into the Chesapeake 'Bay.

STATE and LOCL AGENCIES - Page 10

Federal actions rather than on preventing such actions. The consistency
provision, however, ultimately does allow a State to prevent a Federal-
permitted activity, unless the State's objection is overriden by the U.S.
Secretary of Commerce. Any federally apporoved coastal program must nave a
Federal consistency element and the capacity to exercise that provision. The
Federal consistency provision does not apply to actions taKen by state agencies
acting under state laW. It does apply to programs delegated to state agencies
by tne Federal government. However, since the VCRMP and its enforceable policies
are based on Virginia authorities, if a CRMP agency acts in a manner consistent
with its own laws, regulations, administrative procedures and the Executive
Order, its actions will be consistent with the VCRMP.

4. Comment: The responsibility and authority of the Council staff Must be
more narrowly defined if the Administrator is to avoid becoming the de facto
czar of all coastal decision processes.

Response: See response above.

VIRGINIA PORT AUTHORITY, R. Todd Coyle, Director of Planning, September 16,
1985.

Comment: Pages 152 and l53 of the program document were submitted witn
porposed editorial changes which are included in the compendium of comments.

Response: These changes have been incorporated into the final program.

STATE and LOCAL AGENCIES - Page 9

Response: i4oni toring efforts SLIch as 'those proposed for the VCRMP nave
been implemented successfully by CZM programs in a number of states. However,
the Executive Jrder and Chapter IV of the program document, Organizational
Structure, have been revised to more clearly define the relationship between
tne Council Administrator, as program manager, and the heads of the core regulatory
agencies. The VCRMP relies on existing state laws,.regulations and administrative
procedures to carry ouc coastal resources management activities. Under the VCRMP
the program manager is responsible for monitoring the core regulatory programs
and for looking into any situation where, in the judgment of the program manager,
an agency is ready to act in a manner that appears to be inconsistent with or has
established a pattern of actions that appears to be inconsistent with the Program.
When and if sucn a situation arises the.Administrator will meet with the agency
head to determine if, in fact, a consistency problem exists.

If, after discussion, the agency head and the Administrator cannot agree on
the existence of a consistency issue the Administrator will ddvise the Secretary
of Natural Resources that a consistency disagreement exists. If it is determined
that a consistency problem does exist the agency head will attempt its resolution.
If the agency head cannot resolve the consistency problem the Administrator will
advise the Secretary of Natural Resources that a state consistency problem exists.
The Secretary will review the situation, determine how it might best be resolved,
effect such resolution as possible within the Secretariat of Natural Resources, or
consult with other cabinet officers to resolve consistency problems for agencies
not within that Secretariat. If un@ble to so resolve the problem, the Secretary of
Natural Resources wi'il report to the Governor with recommendations for any needed
action. Any remedy to a consistency problem that might De considered at any level
of state government necessarily would have to be in accordance with existing state
laws, regulations and administrative procedures.

2. Comment: The simple act of prioritizing uses of geographic areas of
particular concern may well interfere with the legal responsibilities of
local boards and VMRC to weigh all factors involved in a decision and select
the alternative offering the greater overall public value.

Response: No interference by the Council on the Environment on behalf
of the Virginia Coastal Resources Management Program is expected since the
"priorities of use" of the various Geographic Areas of Particular Concern
are, When not based on existing authority, advisory in nature. They are
meant to assist Commonwealth agencies, board and Commissions as well as
local wetlands boards in their efforts to determine the public interest in
any given instance.

3. Comment: By giving the authority for federal consistency determinations
to the Council on the Environment, a potential veto is superimposed over
existing state and federal decisions if the opportunity offered is exercised.

Response: The Objective of the Federal consistency provision of the CZMA
is to give a participating state an opportunity to review Federal actions that
might directly affect the coastal zone and to object to any proposed Federal
action that might not be consistent with the State's coastal program. The
emphasis in the.Federal CLMA regulations is on negotiated modifications of

@FAFE and LOCAL AGENCIES Page 8

Response Your comments are addressect below and in the final program
document. Tnank you for your review and :omments.

2. Comment: Tne VIMS' day-to-day )rovision of technical and scientific
ddvice to local wetlands boards and state regulatory agencies is mentioned
on page V-6 and in Appendix 1-1. This as;istance should be mentioned
whenever tne program is discussed, but pa-ticularly in the summary (page 3)
arid on page 176 in paragraph 2 under the ietldnds Management neading.

Response: The information provided n this comment has been incorporated
into the FEIS.

3. Comment: The steady annual riso in shoreline permit applications
handled by the local wetlands boards has not been matched by increases in
local financial or technical assistance. The importance of these volunteer
boards to the Commonwealth's successful habitat protection program should oe
recognized by establishing a nijh priorit,%, for CRM funding to be passed to
localities for tneir support.

Response Please refer to our resporise to the Northern Virginid Planning
Uistrict Commission's third and fourth comments.

4. Comment: This program can be s1rengthened and enhanced t-tirougn closer
working relationships with federal ajencics as envisioned in trie Coastal Zone
Management Act. The Virginia Institute oi Marine Science is looking forward
to working with the Office of Ocean and C(astal Resource Management once again
as part of the Commonwealth's Coastal Rescurces Management team.

Response: No response necessary.

VIR:A@INIA MARINE RESOURCES COMMISSION, Norqan E. Larsen, Chief - Habitat
Management, October Z, IY85.

1. Comment: It appears that the draft Executive Order would insert the Staff
of the Council on the Environment and the Secretary of Commerce and Resources
directly into every aspect of every regulatory process. Such a tremendously
broadened role appears to conflict with the citizen commission regulatory
process and the legal authority of that de,.ision mechanism. Under such an
arrangement, a serious problem would likely emerge as special interests begin
to demand that the Council staff and the Sacretary exercise their prescribed
conflict resolution responsibilities in nearly every regulatory action. The
volume of such requests would quickly overonelin both the current Council staff
as well-as tne staff of the agqncies themsalves in preparing the Secretary to
deal appropriately with the issues involvel. To assemble a council staff capable
of "monitoring all state actions which would affect coastal resources" would most
likely exceed the federal funds which migh, accrue from approval of the plan.
The VMRC is the only agency with ex.perienc,? in tne administration of an oversight
process under the wetlands program. The plocess has been carefully developed.
The concept emodied in the in the draft E(ecutive Order, superimposes an un-
structured auministrative process over legally mandated decision processes that
are already subject to judicial review.

STATE and LOCAL AGENCIES - Page 7

part icu I dr concern (GAPC) and overa I I program appear to be cons is tent and sound,
although actual implementation and enactment of them could be affected -by specific
and local socio-economic factors SO that they might change in the final run.

Response: No response necessary.

2. Comment: The program is lacking in that it addresses wildlife only in the
GAPC @e-ction through wildlife management areas. A more realistic approach would
Oe to treat the coastal zone as a unique ecosystem and manage it as a community,
recognizing each integral part. It appears this has been done for the most part
except for wildlife omission. The Commission's jurisdiction here reaches beyond
fisnin,j, boating, and hunting regulations to the endangered and threatened species
and nongame protection. Although fi*nancial benefits are not as obvious for non-
consumptive wildlife, there are far more users, recreation hours and expenditures.
Therefore, the Commission's responsibility for conservation of all wildlife in the
Gommonwealth should somehow be incorporated throughout the program. The priorities
of conservation and preservation 'Should be paramount for the Commonwealth's
extremely sensitive and productive coastal zone.

Response: The question of taking a comprehensive approach toward the
management of the wildlife of the coastal ecosystem is one that can be addressed,
in large part, within the framework of the new river basin planning process
described in Chapter V - Urganizational Structure, that is evolving in Virginia.
As a participant in that process the Commission of Game and Inland Fisheries
could take the initiative to see that consideration of specific wildlife values
is incorporated into that state government process.

VIRGINIA DEPARTMENT OF HIGHWAYS ANU TRANSPURTATION, J. S. Hodge, Director of
Engineering, September 3U, 1986.

Comment: The Department's main concern with the proposed program is in the
area of potential delay required for a consistency determinatio6 with the provision
for 4b days to inform the Federal agency of its agreement or disagreement with
the consistency determination. They would urge that this procedure be
considered on a system basis rather than a project-by-project basis since
the volume of projects would naturally 'require a large amount of staff time
which has already been applied to the existing process. It is hoped that
procedures could be developed that would consider the present requirements
of various agencies involved in the clearance of Highway projects.

Response: The CUE wi I I work with the Department of Highways and
fransportation to develop a streamlined administrative process during the
first year of program implementation.

VIRGINIA INSTITUTE UF MARINE SCIENCES, Frank U. Perkins, Oean/Director.
September Z4, 198b.

1. Comment: This drdft document presents Virginia's program in a fair
and generally comprehensive manner. The following minor comments are
submitted in an effort to provide a better picture Of the program to a
reader not regularly involved in coastal resources management in Virgini-a.

STATIE ana LOCAL AUENCIES - Page 6

VIRGINIA OEPARTMENT JF AGRICULTURE AND CONSUMER SERVICES, Office of Planning
and Development, Earl A. Finch, Septemo r 12, 1985.

1. Comment: The Coastal Resources Management Program is a commendable pro,@ram
as set forth in the Draft Environmental Impact Statement (DEIS).

Response: Thank you for your review and comments.

2. Comment: The inland boundary of Virginia's coastal zone as defined in
Item A, Chapter II of Volume I of the DEIS, includes about 29Z of tne State's
total land area and about,20% of Virginia's farmland. Forestland is also
important, accounting for 61% of land usa in the Tidewater area. Much of the
agricultural land in the management area is farmed. within the shoreline areas
of the bays and their tributaries. Pres@rvation of this land for agricultural
production is important to both current aconomic activities in localities of
the area (and the state) and the ayricultural production base for the future.
A system presently being developed and placed into use in developing land use
plans is the Virginia Land Evaluation ani Site Assessment System (LESA). The
LESA approach to land evaluation could u,@ used as a tool to.determine the best
use classification of land in the coastal management area. Reference to this
could be added to the List of Activities Which Contribute to the Management of
Virginia's Coastal Resources, Appendix 1-1 of Volume 11 of the DEIS. (A paper
expl,aining the LESA system was also provided for background inforniation.)

Response:' The List of Activities 'Which Contribute to tne Management of
Virginia's Coastal Resources has been am(!nded to include a reference to the
Virginia Land Evaluation and Site Assessiient System. Please refer to the
errata for the Appendices which has been distributed to all HIS recipients.

VIRGINIA DEPARTMENT OF HEALTH, Division of Water Programs, Eric H. Bartsch,
Director, October 8, 198b.

Comment: The staff of the Division of Water Programs has reviewed the VCRMP
and concurs with the proposal.

Response: Thank you for your review of the document.

VIRGINIA DEPARTMENT UF EMERGENCY SERVICE!, Plans Division, James M. Surratt,
Director, September 4, 1985.

Comment: The Department is happy thZt Virginia has submitted its Coastal
Resources Management Program for approval to participate in the Federal program.

Response: Thank you for your review and comment.

VIRGINIA CUMMISSIUN OF GAME AND INLAND FISHERIES, jack Randolph,
September Z4, 1985.

1. Comment: Uverall, this is a thorou@,h management plan with environmentally
sound goals and oojectives. The priorities stated for the geographic areas of

STATE and LOCAL AGENCIES - Page 5

wisnes of the General Assem)ly.

Response: Please refer to our response to the Viryinia Marine Resources
Commission's first and tnird comments.

VIRGINIA OEPARTMENT OF CONSERVATION AND HISTORIC RESOURCES, Bonnie S. Greenwood,
September 11, 198b.

Comment: Volume I, page 143 should read: There are over 116 large wood
related industries in the ared concerned directly with the primary processing
of timber products. These forest industries annually harvest about 389 million
board feet of saw timber and 422 thousand cords of pulpwood. This harvest
creates annual incooie to Tidewater forest landowners of $41 million for their
timber as it stands in the woods. When cut and processed by the forest industry,
these products in 1982 had a value ddded worth of $1.13 billion.

. Response: Your comments have been addressed in the final Virginia Coastal
Resources Management Program document.

VIRUINIA'OEPARTMENT OF CONSERVATION AND HISTORIC RESOURCE, Bonnie S. Greenwood
September 16, 198b.

1. Comment: On page V-18, the statistics concerning 30,000 acres and 300 acres
peryear are inaccurate. Bob Byrne or Scott Hardaway at the Virginia Institute
of Marine Science should be contacted to discuss these statistics.

Response: Per Bob Byrne, a more correct approximation is Z8,OUO acres 'for
a lUU year period. This change has been reflected in the final program document.

2. Coiument: On page V-2U, delete the last two'sentences of the first'pdrayraph.
UeveT-opment is occurring or has occurred along highly eroding shoreline.

Response: This change has been made.

13. Comment: On page V-21, delete the first two sentencds in the first paragraph.
The damage from Camille and Agnes was above the fall line.

Response: The document has been corrected.

4. Comment On page VIII-1, in the third paragraph, change the eighth word from
"localized" to "widespread".

Response: The document has been corrected.

b. Comment: On page V111-3, the last word in the third paragraph should be
changed -trom 27b,UUU to ZbU,000.

Response: For purposes of simplification, all budget data has been
elfini ted from the VCRMP.

STATE and LOCAL AGENCIES Page 6

.VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSuMER SERVICES, Office of Planning
.and Development, Earl A. Finch, September 12, 198S.

1. Comment: The Coastal Resources Management Program is a commendable projram
as set forth in the Draft Enviruninental Impact Statement (DEIS).

Response: Thank you for your review and comments.

2. Comment: The inland boundary of Virginia's coastal zone as defined in
item A, Chapter II of Volume I of the DEIS, includes about 29@ of the State's
total land area and about,20% of Virginia's farmland. Forestland is also
important, accounting for 61% of land use in the Tidewater area. Much of the
agricultural land in the management area is farmed. within the shoreline areas
of the bays and their tributaries. Preservation of this land for agricultural
production is important to both current economic activities in localities of
tne.area (and the state) and the agricultural production base for the future.
A system presently being developed and placed into use in developing land use
plans is the Virjinia Land Evaluation and Site Assessment System (LESA).. The
LESA approach to land evaluation could be used as a tool to.determine the best
use classification of land in the coastal management area. Reference to this
could be added to the List of Activities Which Contribute to the Management of
Virginia's Coastal Resources, Ap.pendix 1-1 of Volume II of the DEIS. (A paper
expl'aining the LESA system was also provided for ba6kground inforoiation.)

Response:' The List of Activities Which Contribute to the Management of
Virginia's Coastal Resources has been amended to include a reference to the
Virginia Land Evaluation and Site Assessment System. Please refer to the
errata for the Appendices which has been distributed to all HIS recipients.

VIRGINIA DEPARTMENT OF HEALTH, Division of Water Programs, Eric H. Bartsch,
Director, October 8, 198b.

Comment: -The staff of the Division of Water Programs has reviewed the VCRMP
and concurs with the proposal.

Response: Thank you for your review of the document.

VIRGINIA DEPARTMENT OF EMERGENCY SERVICES, Plans Division,.James M. Surratt,,
Director, September 4, 198b.

Comment: The Department is happy that Virginia has submitted its Coastal
Resources Management Program for approval to participate in the Federal program.

Response: Thank you for your review and comment.

VIRGINIA CUMMISSION OF GAME AND INLAND FISHERIES,:jack Randolph,
September 24, 1985.

1. Comment: Uverall, this is a thorough management plan with environmentally
sound joals and objectives. The priorities stated for the geographic areas of

STATE ancl LOCAL AGIENCIES - Page 4

staff posi,tioris that, among other responsibilities, will provide a liasion
Detween the planning districts and the VCRMP agencies. These new avenues of
communication wii I al low additional opportunities for discussion of proposed
Federal actions that might be of mutual interest to the State and coastal
localities and planning districts.

The Council is the lead agency for the VCRMP, and the Council Administrator
will be the program manager. The Administrator and the Council staff will
be responsible for coordination among VGRMP agencies for program-related
matters.

b. Comment: The Commission also recommends close coordination among state
agencies that share regulatory and/or enforcement responsibilities in the
environmental protection area. The Commission is particularly concerned
-with the need to prutect coastal areas from the siting of toxic and nazardous
waste generating, storage, treatment and disposal facilities.

Response: The Council on the Environment plans to submit the legislation
creating the new Department of Waste Mana@ement and its related activities *for
formal inclusion in the Virginia Coastal Resources Management Program as a
routine program activity or as d program amendment. It is expected that the
.new Waste Management Program Will be submitted to the Office of Ocean and
Coastal Resource Management for incorporation into the Virginia Coastal
Resources Management Program during the first year of program implementation.

SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION, John L. Rowe, Chairman,
September 18, 198b.

Comment.: The Southeastern Virginia Planning District Commission (SVPDC)
has been invilved in the development of this program since its inception in
1974. On September 18, 1985, the SVPUC acted to endorse the VCRMP and to
urge expeditious Federal approval Of the program. The Commission believes
that'the Program is reasonable and accommodates the needs of the Commonwealth.
The Commission believes that Federal approval of the VCRMP With its attendant
increased funding and Federal consistency provisions will augment and enhance
the Goininonwealtn's capability to continue to effectively manage its coastal
resources.

Response: ThanK you very.much fur your review of the document and for your
coinments.

VIRGINIA SrATE WATER CONTROL BOARD, Bernard Caton, Octob er 3, 1985.

Comment: The only area of concern readily apparent was the draft Executive
Order s 'Enforcement section. If there is any possibility that this language
could be construed to imply that the Council or the Secretary could override
decisions made by the State Water Control@doard, the language should be revised.
rhe citizen budrd has statutory, policy-related responsibilities for agency
pru,,Irains. Any d1munition of this authority would seemingly contradict the

STATE and LUCAL AGENCIES - Pa@e 3

toward assuring uniform application of policies and consistent implementation
at the local level.

Response: As lead agency for the VCRMP, the Council will maintain periodic
contact with the Coastal zone plannin@ districts and, through them, the local
governments with regard to Vt;RiAP matters such as jrant opportunities and proposed
Changes in the Federal and state coastal programs. Since the management core of
the VCRMP is the set of eight existing state regulatory programs, the VCRMP places
no new requirements or responsibilities on the planning districts or local units
of government. Nevertheless, there is an opportunity to expand the level of
communication and cooperation Detween the state and local governments and their
planning districts in matters relating to coastal resources management.

Specifically, the State intends to use a portion of the available CZMA funds
to support such communication and coordination., The total amount of funds that
will be available to Virginia during the first year should its coastal program
be approved is $1,UUU,UOU. Half of that amount will be allocated to the local
governments and planning districts of the coastal area. It is the intent of the
Council to allocate approximately one-third of that sum to local governments in the
coastal zone for special projects directly related to the management of shoreline
areas and the remaining two thirds to interested planning districts to help
support staff positions that would be used to assis 't in coastal resources
pla-nning and management at the local and district level and to' act as a liasion
between the planning districts and the VCRMP agencies.

4. Comment: The Council on the Environment Should expa'nd on how it will
coordinate with the Uepartment of Housing and Community Development, the agency
whicn administers the Commonwealth Intergovernmental Review Process. -It is
important to t'ne functioning of this program that information on proposed Federal
and State projects deserving of a consistency review be supplied on a routine
basis to Planning District Commissions and local governments.

Response: Under the VCRMP local governments and planning 'districts ha ,ve no
direct rol@'in the Federal consistency process itself. Munitoring'Federal actions
and responding to consistency determinations and certifications, related to Federal
actions is the responsibility of the Council. In determining how to respond to a
given Federal action the Council may request assistance from a local government or
planning district in obtaining necessary information.

Local governme-nts and planning districts, however, already are part of an
existing review network fur several types of Federal and state actions. They
receive notice of a variety of proposed Federal actions through the Commonwe 'alth
Intergovernmental Review Process (CIRP). Federal approval of the VCRMP will not
change the State Intergovernmental Review Process at the regional and local levels.
In addition, the Council coordinates the revie@ of state and Federal actions requiring
soifle type of formal environmental impact analysis, and localities and planninj
districts that might be affected dre given an opportunity to review and comment
on available environmental information.

The Commonwealth recently created eight river basin committees for the
trib*utaries of the Chesaoeake Bay, dnd local governments are well represented
on those committees. As was mentioned above the Council also intends to offer a
SUDstantial portion of available funds to planning districts for support of

Addend=: Part B, p.23

thence 011' true 2.70 miles to beacon number "K off Tangier Island, thence
319' true 0.62 miles to beacon number -I- off Tanoer island, thence '3T true
3.15 miles to mean low water mark on North East point on Fishbone Island,
thence 005' true 2.68 miles to mean low water mark on south end of Horse
Hammock, thence following mean low water northerly to the State of
Maryland, and the Commonwealth of Virginia line. thence, following the
Maryland and Virginia state boundary line back to the point of beginning.
The Commission shall also have authority over the area as contained within
the boundaries of a line commencing at buoy "A" on the Commonwealth of
Virginia and State of Maryland line; thence, in a northeasterly direction
approximately 1.74 miles along the said Virginia-Maryland line to a point
which is approximately 260 feet northeast of buoy "C" on said line; thence, in
a southwesterly and southern direction along the eastern boundary line of
Public Ground No. 12 and Public Ground No. 13 approximately 1.73 miles to
the northern line of the Fisheries Management Area running from buoy "A"
to Long Point; thence, in a northwesterly direction approximately 1.07 miles
to buoy "A" and point of beginning.
B. In the exercise of its authority granted pursuant to this section, the
Commission shall cause notice of any such action to be taken to be posted in
two or more public places in each locality affected at least five days prior to the
Commission meeting at which such action may be considered. This publication
shall be in lieu of any other notice and shall be the only procedure required by
the Commission in exercising its authority. (1978, c. 85; 1981, cc. 52, 63; 1984,
c. 242.)

Editor's note. - Acts 1978, c. 85, cis. 2 and of subsection A inserted "oyster or clam" in two
3, provide: places and inserted "or the taking of oysters or
"2. That the provisions of � 28.1-128.1 shall clams'% in the second sentence-of the first para-
become effective as of July one, nineteen hun- graph of subsection A substituted "Common-
dred seventy-eight. wealth" for "State" in two places; added the
3. That an emergency exists and this act is second paragraph of subsection A; and in the
in force from its passage." second sentence of subsection B substituted
The act was approved March 10, 1978. "This" for "Such" and substituted "its author-
The 1984 amendment, effective March 26, ity" for "such authority."
1984, in the first sentence of the first paragraph

� 28.1-128.2. Fishing in Chesapeake Bay immediately west of Tangi@r
Island. - A. Notwithstanding any other provisions of law, the Commission,
in order to protect and promote the fishery in that area of the Chesapeake Bay
described herein, shall have authority to open and close such area, or any part
thereof, or prescribe the manner, method, size and season of catch whenever it
deems it advisable to do so. Such area is contained within the boundaries of a
point beginning at the southeastern point of Tangier Island, thence. *in a
southeastern direction to Tangier Sound Light; thence, in a southwestern
direction to can buoy C "1"; thence continuing in a southwestern direction to
nun buoy N C "34"; thence, in a northwestern direction to nun buoy N "2";
thence, continuing the same direction to the 36-foot deep contour; thence, along
the 36-foot deep contour to the Virginia-Maryland Boundary Line; thence, in
a northeastern direction to Smith Island, Hog Neck; thence, in a southeastern
direction along the western side of Smith Island, Cheesman Island, Shank
Island, Goose Island and Tangier Island to the point of beginning.
B. In the exercise of its authority granted pursuant to this section, the
Commission shall cause notice of any such action to be taken to be posted In
two or more public places in each locality affected at least five days prior to the
Commission meeting at which such action may be considered. Such publication
shall be in lieu of any other notice and shall be the only procedure required of
the Commission in exercising such authority. (1982, c. 121.)
� 28.1-128-3. Taking oysters or clams in Chesapeake Bay between
Smith's Point and Windmill Point. - A. Notwithstanding any other provi-
sions of law, the Commission, in order to protect and promote the oyster or clam
fishery in that area of the Chesapeake Bay described herein, shall have author-
ity to open and close such area, or any part thereof, for taking oysters or clams,
or prescribe the manner, method, size and season of oyster or clam catch
whenever it deems it advisable to do so. Such area is contained within the
boundaries of a line commencing at Smith Point Lighthouse, thence southerly

Addendun: Part- B, p.214

throuah a line of nun buovs numbered "C7," "C73," "C'471.7? "C69,"
"C67, C65," to a beacon designated BR"R,*' all as they a-re novv positioned or
as they may be subsequently repositioned by the United States Coast Guard,
thence no@thwesterly to Windmill Point Lighthouse, thence continuing
northwesterly along a sector line to the mean low water line on Windmill
Point, thence northerly along the mean low water line around Fleets Island to
a point which is soutl@ of a beacon numbered 5M, thence north to the beacon
numbered 5M, thence northeasterlv to a beacon numbered 6AT"B," thence
northerly to corner 4 of Public Ground No. 28, thence along the western and
northern line of Public Ground No. 28 through corners 3, 2 and I to corner 8
thereof, thence northeasterly to corner 1 of Public Ground No. 29, thence along
the western and northern line of Public Ground No. 29 throughcorner 4 thereof
to an intersection point of Public Ground No. 29 and Public Ground No. 117,
thence northerly to the mean low water line on Bull Neck, thence northerly
along the mean low water line to Smith Point, thence southeasterly to Smith
Point Lighthouse, the point of beginning'
B. in the exercise of its authoritv granted pursuant to this section, the
Commission shall cause notice of any such action to be taken to be posted in
two or more public places in each luc@litv affected at least five days prior to the
Commission meeting at which such action may be considered. Such publication
shall be in lieu of any other notice and shall be the only procedure required of'
the Commission' in exercising such authority. (1982, c: 77.)

Cross references. - As to fishing for food boats. nets and other devices, and restrictions
fish generally. see � 28.1-47 et seq. As to on fishing in certair, waters. see @ 28.1-73 et
fishing for fish for manufacture into fish meal. seq.
oil, etc.. see � 28.1-58 etseq. As to marking of
� 28.1-128.4. Taking oysters and clams in Piankatank River. - A.
Notwithstanding any other provisions of law, the Commission, in order to
protect and promote the oyster or clam fishery in that area of the Piankatank
River described herein, shall have authority to open and close such area. or any
part thereof, for the taking of oysters or clams or prescribe the manner, method.
size. and season of oyster or clam catch whenever it deems it advisable to do
so. Such area is contained within the boundaries of a line commencing at the
southern-most point of Stove Point; thence. in a southeasterly direction to the
extreme northwestern-most point of Gwynn Island known as Cherry Point;
thence, in a southwesterly direction along the shoreline of Gwynn Island to the
No. 3 light at the mouth of Narrows Point; thence, in a northwesterly direction
to No. 10 light at Stove Point; thence, in a northeasterly direction to Stove
Point and the point of beginning.
B. In the exercise of its authority granted pursuant to this section, the
Commission shall cause notice of any such action to be taken to be posted in
two or more public places in each locality affi?cted at least five days prior to the
Commission meeting at which such action may be considered. Such publication
shall be in lieu of any other notice and shall be the only procedure required by
the Commission in exercising such authority. (1984, c. 224.)
� 28.1-129. ATplication for license to dredge or scrape. - Any resident
desiring to. dre ge or scrape for oysters in the waters where dredging is
permitted, shall make application in writing for such privilege to the inspector
of the district in which be resides, which application shall be sworn to, and
shall plainly state the name of his vessel, the owner orowners thereof, the
commander or person in charge and the length of vessel or gross tonnage at
which it is rated. Such application shall further state the district in which the
owner resides; that the applicant is a resident qualified under the require-
ments of this section; that no nonresident owns the vessel, in whole or in part,
and that it is not held with any intention, or under any agreement, to return
it at any subsequent time to a nonresident. (Code 1950, � 28-150; 1962, c. 406.)
� 28.1-130. Registration and issuance of license. - Upon being satisfied
of the facts stated in such application, the inspector shall register such vessel
for a fee of one dollar and issue to such applicant a license granting him the
privilege of dredging or scraping for o sters, on public ground within the pre-
scribed limits and season, which shall te plainly set forth in the license. (Code
1950, � 28-151; 1962, c. 406.)

Addendixn: Pa_rtL. B, p. 2 5

� 28.1-131. Prima facie evidence of violation. - In any prosecution for
the violation of the preceding sections of this article against the master or
commander of a vessel, or any of his crew, or any person on board thereof, proof
that such vessel was equipped with a crank, dredge, or scrape shall be prima
facie evidence of the violation of such section. (Code 1950, � 28-155; 1962, c.
406.)
� 28.1-132. Penalty. - If any person take or catch oysters with a dredge,
@r scrape, or instrument other than ordinary or patent oyster tongs, or by hand
in any of the waters of the Commonwealth except as provided by law, or
regulations-of the Commission, he shall be deemed guilty of a felony, and upon
conviction thereof shall be confined in the penitentiary not less than one year,
and fined not less than one hundred nor more than one thousand dollars, either
or both. (Code 1950, H 28-154, 28-156; 1962, c. 406; 1968, c. 747.)
Editor's note. - This section was amended beds. - Where not restricted by the United
bv Act.@ 1973. c. 47, 1, The 1973 act. @@hich was States Constitution. the State is entitled to
made effective July 1. 1974, and provided that legislate over her public property and regulate
it should expire at midnight on that date unless its use, especially fisheries and o@ster beds
earlier reenacted, was repealed by Acts 1974, c. within her limits; the same being the common
96. effective March 22, 1974, 'and therefore property of her citizens, never ceded to the
never went into effect. United States. Boggs v. Commonwealth, 76 Va.
State may regulate fisheries and oyster 989(1882).

� 28.1-133. License tax. - Before any license shall be issued for dredging
or scraping, the applicant shall, in addition to the fee of one dollar for regis-
tering the boat, pay an annual license tax of fifty dollars for each dredge. The
captains or masters of such boats shall always have such license on board of
their boats and exhibit the same whenever it shall be demanded by any duly
authorized officer; and the refusal so to do shall be prima facie evidence that
they are dredging or scraping without having a license therefor. (Code 1950,
� 28-157; 1960, c. 517; 1962, c. 406; 1979, c. 274.).
� 28.1-134. Dredging or scraping on private ground. - (1) When and by
whom dredging allowed; permit required. - It shall be lawful for any resident
of this State holding under legal assignment oyster-planting ground of at least
three acres in one tract or adjoining tracts and having paid the rent therefor,
to dredge or scrape the same at any time, except on Sunday or at night;
rovided he obtain from the Marine Resources Commission a permit for each
goat which is used to dredge or scrape such specified private oyster ground.
Such permit shall show the name of the lessee and the name or number of the
boat, date of issue and date of expiration, which expiration date shall not be
more than twelve months from date of issue and may be renewed for like
periods from time to time; and provided, further, that the Commission may
after a hearing refuse to grant a permit or renew the same to dredge or scrape
any oystermplanting ground unless it be proved that the holder thereof has
planted seed oysters or shells thereon and is using said planting ground for the
cultivation of oysters and may refuse to grant said permit if it appears to the
satisfaction of the Commission at said hearing that the holder of said ground
is an habitual violator of the seafood laws; provided, further, that applicant for
said permit shall have the right of appeal from any decision of the Commission
refusing to grant said permit as provided in chapter 2 (� 28.1-23 et seq.) -of this
title. The Commission shall receive three dollars for each such permit issued.
(2) Dredging or dredging equipment on boat. - It shall be unlawful for any
person to have on board a boat, a dredge or equipment normally used for
dredging, unless he has a permit to dredge, or a license to dredge and has said
license or permit available for inspection on board of said boat,
It shall be unlawful for any dredge or any equipment to be used in dredging,
approved by license or permit, to be carried or transported on board a boat of
the licensee or permittee, or his employee, except when actually in use or going
to or coming from the ground on which dredging is permitted, or licensed to
take place, or to and from one dock to another dock for maintenance and repairs
to such boat and/or equipment.

@ddendizn: Part B, Q. 26

(3) Markin- ground. - No person shall have or enjoy the privilege
hereinbefore ,ranted of dred "ing or scraping his oyster-planting ground unless
he shall have first properlN, desi2mated and marked the oyster. lines of his
planting ground by piacing promirient and fixed buovs or stakes thereon, such
buoys or stakes to be so mariv inches in diameter and to extend so far above
water as the Commi@sion or the Commissioner, may direct. and the same shall
be kept up and maintained so as to distinctly mark the outer.line or lines of
such planting ground. In the event that any single line of the boundary of such
planting ground shall exceed three hundred feet in length it @hall be marked
with at least three or more stakes, with one stake at each end of such line and
one or more stakes equally spaced along such line. In the event it appears to
the inspector that such ground is not properly marked, lie may forthwith
suspend the dredging permit until such time as the ground is properly marked.
The buoys shall be painted white, and shall have the initials of the'person or
firm whose property they are, placed upon them near the top. in black letters,
of not less than five inches in length. If stakes are used there shall be a sign
painted as prescribed for buoys attached to each corner stake.
(4) Marking boats. - Such initials shall also be placed upon each side of the
prow of any boat or craft used or employed in dredging or scraping such
planting ground. (Code 1950, � 28-158: 1950, p. 988; 1952, c. 643; 1954. c. 43;
1958, c. 477; 1962, c. 406; 1964, c. 393; 1968, c. 747: 1972. c. 644: 1979, c. 274.)

Editor's note. - This section was amended earlier reenacted, was repealed by Acts 1974. c.
by Acts 1973, c. 471. The 1973 act, which was 96, effective March 22. 1974. and therefore
made effective July 1, 1974, and provided that never went into effect.
it should expire at midnight on that date unless

� 28.1-135. Revocation of license or permit to dredge. The Commis-
sion, after a hearing, on testimony of an officer of the Commission at such
hearing that he has personally observed a person having dredging cable and/or
dredging equipment overboard or in anyway engaged in dredging in any area
other than where a person holds a lawful permit or license to dredge, shall have
the authority to revoke all permits and licenses held by said person to dredge
on public and/or private grounds, and to refuse to issue any licenses or permits
for such purposes for period of one year. Before any hearing is held pursuant
to this section there must be at least five days' notice given to the permit or
license holder, by written notice served by an officer or by certified mail
addressed to the permit or license holder at the address given on the permit or
license. (Code 1950, � 28-153; 1962, c. 406.)

Editor's note. - This section was amended earlier reenacted. was repealed by Acts 1974. c.
by Acts 1973, c. 471. The 1973 act, which was 96, effective March 22, 1974. and therefore
made effective July 1, 1974, and provided that never went into effect.
it should expire at midnight on that date unless

ARTICLE 10.

Miscellaneous Provisions.

� 28.1-136. Oyster measures. - A. I 't shall not be lawful at any time for
any person to buy or sell oysters in this State in the shell by any other than
one-half bushel or one bushel metallic measures except as provf8ed in para-
graph B of this section. and such measures shall be iron circular tubs with
straight sides and straight solid bottoms with holes in bottom. if desired. for
draining, such holes to be no larger, however, than one inch in diameter. A
half-bushel tub shall have the following dimensions. all measurements to be
from inside to inside: fifteen inches across the top. thirteen inches across the
bottom, and seventeen inches dia onally from the inside chine to the top; and
a bushel tub shall measure eig-t1teen and one-half inches across the top,
seventeen inches across the bottom, and twenty-one and one-half inches diag-
onally from the inside chine to the top, except that oysters harvested from the
Eublic rocks in the Potomac river or its tributaries may be bought or sold in one
ushel metallic measures which shall measure eighteen inches across the top,
sixteen and one-half inches across the bottorn, and twenty-one inches diag-

Addendlxn: Part- B, p.27

onallv from the inside chine to the top. Such metaliic mea-sure must be. level
full across the entire top of the measure to be considered a full measure.
If the seller of anv oysters or oyster shells fails to furnish a full measure as
defined in this section-, or a buyer of any seed oysters or oyster shells accepts
less than a full measure as defined in7 this section, he ;hall be guilty of a
misdemeanor.
B. Oysters may be sold in containers of a size greater than eighteen and
one-half inches across the top, seventeen inches across the bottom, and
twenty-one and one-half inches diagonally from the inside chine to the top if
such container has been approved by the Commissioner and its use to measure
oysters has been approved by both the buyer and seller. (Code 1950, @ 28-188;
1960,'c. 517; 1962, c. 406; 1970, c. 132; f980, c. 33.)
� 28.1-137. Theft of oysters, clams, shells, etc. - If any person take, steal
or carry away, without permission of the owner, oysters, clams, bedded or
planted, oysters deposited by any person making up a cargo for market, shells
or seed planted for formation of oyster beds by the State or any person, Firm,
or corporation, he shall be deemed guilty of the larceny thereof.
After any person is convicted for any violation of taking oysters from public
ground, the Commission, without notice and hearing required by � 28.1-36,
immediately shall revoke all existing licenses to take or catcb finfish or
shellfish, issued to such person. No new licenses shall be issued to such person
for a minimum of one month or a maximum of two years after such conviction
in the discretion of the Commission. (Code 1950, � 28-191; 1960, c. 517; 1962,
c. 406; 1966, c. 684; 1968, c. 747.)

Editor's note. - This section was amended section for larceny of oysters. Melvin v.
by Acts 1973, c. 471. The 1973 act, which was Commonwealth, 202 Va. 511, 118 S.E.2d 679
made effective July 1, 1974, and provided that (1961), decided under repealed �� 28-191 and
it should expire at midnight on that date unless 28-124, corresponding to this section and
earlier reenacted, was repealed by Acts 1974. c. � 28.1-109.
96, effective March 22, 1974, and therefore Evidence held sufficient. - While the evi-
never went into effect. dence was slightly in conflict as to the staking
Law. Review. - For an article on justifica- of the grounds. it was clearly sufficient for the
tion as a defense to crime, see 59 Va. L. Rev. jury to determine that the oysters were taken
1326 (1973). from the grounds alleged in the warrant.
Failure of the lessee of oyster grounds to Melvin v. Commonwealth. 202 Va- 511, 118
maintain markers as required by � 28.1-109 &E.2d 679 (1961), decided 'under repealed
(6@ would have no possible effect upon the right � 28-191, corresponding to this section.
of the Commonwealth to prosecute under this

� 28.1-138. Converting shells into lime. - It shall be unlawful for any
person to take or catch oysters or shells in any of the waters within thejurisdic-
tion of this State for the purpose of converting the same into lime, unless and
except said person has obtained permission Prom the Commission to convert
said shells into lime, (Code 1950, � 28-192: 1962. c. 406.)
Editor's note. -- This:-ecuun Aes amended earlier reenacted. was repealed by Acts 1974, C.
by Acts 1973. c. 471. The 1973 act. which was 96. effective March 22, 1974. 'and therefore
made effective July 1, 19',4. and provided that never went into effect.
it -@hould e,@pire at midnight on th.at date unle,s

� 28.1-139. Taking oysters or loading on vessel on Sunday or in
nighttime. - A. No person shall take oysters in the waters of this State, from
either public or private -grounds, on Su'ndav or in the nighttime between the
hours of sunset and sunrise; nor shall any'person load any vessel or boat for
such purpose with any oysters from any of the waters of the Commonwealth on
Sunday or in the nighttime between the hours of sunset and sunrise.
B. Shucking oysters from the public grounds other than from designated
seed areas may be unloaded on shore at packinghouses or loaded on trucks or
motor vehicles one-half hour after sunset and one-half hour before sunrise; but
those oysters which have been inspected by an oyster inspector and purchased
by the packer or planter, and the oysters owned by the packer or planter, may
be unloaded at any time except Sunday within the discretion of the packer.
C. The provisions of subsection A of this sec tion shall not apply to the taking
or, catching, by hand during the prescribed hours of daylight on Sunday, of not
more than one bushel of ovsters for immediate household use. The presence, on
board a boat or other vehicle being used during any Sunday harvesting, of any
gear normally associated with the harvesting of oysters other than by hand
shall be prima facie evidence of violation of the provisions of this section. (Code
19509 � 28-195; 1958, c. 471; 1960, c. 517; 1962, c. 406; 1966, c. 684; 1975, c.
185; 1981, c. 119.)

Addendan: Part B, p.28

� 28.1-139.1. Taking clams on Sunday or in nighttime; exception. - No
person shall take clams in the waters of this State. from either public or private
grounds, on Sunday or in the nighttime between the hours of sunset and
sunrise. This section shall not apply to the taking of clams on Sunday by hand
or hand rake between the hours of sunrise and sunset; provided that such clams
be for immediate household use only and not for planting or for sale or any
other commercial use. (1975, c. 185.)
� 28.1-140. Protection of oysters and clams of Virginia; labeling. - It
shall be unlawful for any person, firm or corporation to offer for sale, sell and/or
distribute oysters or clams as Virginia oysters or clams unless such oysters and
clams have been in the waters of the Commonwealth of Virginia or the
Potomac river for a period of at least six months.
Any ovsters or clams imported into Virginia, either shucked or unshucked,
when sold or distributed, shall not be designated or labeled in any manner
indicating they came from Virginia waters or that they are Virginia oysters or
clams.
The name, address and Department of Health certificate number on the
package or container of the packer or distributor shall not be considered illegal
designation or labeling. t 1962. c. 406; 1964, c. 393.)
� 28.1-141. Oysters on crab dredging boat. - It shall be unlawful for any
person in charge of any boat licensed to catch crabs with a dredge to have or
allow on board any oysters in excess of one bushel. Any person violating any
provisions of this section shall be guilty of a misdemeanor and punished as
provided by law. (Code 1950 (Suppl.), � 28-196.2; 1952. c. 654; 1954, c. 446;
1962, c. 466.)
� 28.1-142. Sale of shells to tommission. - (1) Each shucker or packer
of ovsters shall sell to the Commission at the prevailing market price up to
twenty per centurn of the shells, unless said shells are planted in Virginia
waters.
(2) On or before December first of each year, the Commission shall notify
each shucker or packer whether it will purchase by June first following the
shells so set aside. If such notice is not given, the shucker or packer may dispose
of such shells as he sees fit. (Code 1950 (Suppl .), � 28-190. 1;.1952, c. 648; 1962,
c. 406.)

Editor's note. - This section was amended earlier reenacted. was repealed by Acts 1974. c.
by Acts 1973, c. 471. The 1973 act, which was 96, effective March 22, 1974, 'and therefore
made effective July 1, 1974, and provided that never went into effect.
it should expire at midnight on that date unless

ARTICLE 1
Miscellaneous Provisions as to Particular Waters or Localities.
� 28.1-143. Use of rakes or scrapes on ocean side of Eastern Shore.
It shall be unlawful for any person to use, or employ rakes other than hand
rakes, dredges, scra es, or other like' devices for the pu se of taking or
catching oysters, crags, clams, or shells from the natural roclos, beds, or shoals
on the eastern or ocean side of* Accomack and Northampton counties at any
time. Any person violating this provision shall be fined not less than ten nor
more than fifty dollars for each offense, and be confined in jail until such fine
is paid, but not to exceed thirty days. (Code 1950, � 28-198; 1962, c. 406.)
� 28.1-144. Leasing of certain bottoms in Rappahannock river
prohibited. - No part of the bottom of the Rappahannock river, lying in or
near the center of such river, and running from the mouth of the river to and
including Morattico bar, which is now designated on the Baylor survey and
resurveys thereof as assignable bottom, and which is commonly known as
"deep water planting grounds," shall be subject to lease or assignment, and
such bottom is declared to be a part of the public oyster beds and rocks of such
river. (Code 1950, � 28-201; 1962, c. 406.)

Addendum: Part B, p.29

� 28.1-144.1. Temporary restrictions on the leasing of certain oyster
grounds in the Chesapeake Bay. - Except as to applications for leases
M
ending on January one, nineteen hundred seventy-eight. for a one-year period
inning on July one, nineteen hundred seventy-eight, the Commission shall
not lease or assign any part of the bottom of that area of the Chesapeake Bay,
known as Back river, which is contiguous to the cities of Poquoson and
Hampton and York County, if the Commission finds that such part of the
bottom of that area has not been leased or assigned since January one, nineteen.
hundred sixty-eight, and is currently producing oysters. No application for a
lease or assignment of such bottom shall lapse as provided for in � 28.1-109 (8)
until ninety days after the expiration of the prohibition contained herein.
(1978, c. 252.)
� 28.1-145. Leasing of certain bottoms in James river prohibited. -
The Marine Resources Commission shall have no ower to lease any oyster
bottom in the James river, above the James River Pdge, west of the James
River Bridge, not theretofore leased, and nothing herein contained shall apply
to any renewal of'existing leases. (Code 1950 (Suppl.), � 28-201.1; 1952, c. 241;
1954, c. 214; 1960, c. 517; 1962, c. 406.)

Editor's note. - This section was amended earlier reenacted, was repeRled by Acts 1974, C.
by Acts 1973, c. 471. The 1973 act, which was 96, effective March 22, 1974, and therefore
made effective July 1, 1974, and provided that never went into effect.
it should expire at midnight ori that date unless

� 28.1-146. Dredging for oysters in James river. - It shall be unlawful
for any person to dredge for oyster's in the James river during the open season
for taking oysters from the public rocks and shoals; provided, however, that the
Marine Resources Commission may grant a permit.to applicants therefor to
dredge in specified areas.(Code 1950 (Suppl.), � 28.1-201.2; 1952, c. 181; 1962,
c. 406; 1964, c. 393.)

Editor's note. - This section was amended earlier reenacted, was repealed by Acts 197 4. c.
by Acts 1973, c. 471. The 1973 act, which was q6. effective March 22, 1974, and therefore
made effective July 1, 1974. and provided that never went into effect.
it should expire at midnight on that date unless

� 28.1-147. Authority of Governor to authorize dredging of channel in
navigable waters; special provisions applicable in James river between
James River Bridge and Jamestown Island. - (a) To the extent that the
approval, consent or authorization of the Commonwealth is necessary or expe-
dient for any person, firm,.corporation, association or government, or for any
agency of any or all of the foregoing, or any combination thereof, to dredge a
channel of any navigable stream, the bed of which is owned by the Common-
wealth, for the purpose of deepening, widening or relocating such channel and
making related improvements, the Governor is authorized on behalf of the
Commonwealth to grant such approval, consent or authorization upon such
terms and conditions as he deems appropriate after the receipt by him of
advisory reports from the Virginia Institute of Marine Science, the State Water
Control Board, the Marine Resources Commission, the Commission of Game
and Inland Fisheries, the Department of Conservation and Historic Resources,
the State Port Authority and the State Highway and Transportation Commis-
sion;
(b) Provided, however, that such approval, consent or authorization to
deepen, widen or relocate the present ship channel in the area of the James
river between James River Bridge and Jamestown Island shall not be granted
by the Governor until he has received advisory reports from the
above-mentioned agencies and except with the consent of the General Assem-
bly. Such advisory reports shall b-- made available to the Governor and the
General Assembly by the above-mentioned agencies not later than December
thirty-first, nineteen hundred and sixty-six. The Governor shall at the rext
succeeding regular session of the General Assembly, or next succeeding special
session of the General Assembly called solely or partially for the purpose of

Addendun: Part B, p.30@

considering the same, whichever first occurs, transmit his recommendation@, to
the General Assembly. If the Governor recommends the deepening, widening
or relocating of such ship channel, he shall in his recommendation request the
consent of the General Assembly to such project. If each house of the General
Assembly grants its consent, by recorded* vote of its members present and
voting on the question, the Governor shall be authorized to give the approval,
consent or authorization of the Commonwealth to such dredging; provided,
however, that if either house shall fail for any reason to vote upon the question
of consent, by recorded vote of its members present and voting on the question,
prior to the adjournment of the regular or special session at which the Gover-
nor's recommendation is received, such failure of either house to so vote shall
be deemed to grant the consent of that house as if such house had expressly
consented to such project. If either house shall expressly decline to grant its
consent, by recorded vote of its members present and voting on the question,
the Governor shall not be authorized to give the approval, consent or
authorization of the Commonwealth to such dredging. (Code 1950 (Suppl.),
� 28-201.3; 1958, c. 302; 1962, c. 406; 1964, c. 350.)

1984 reorganization. - The Department of Editor's note. - This section was amended
Conservation and Historic Resources, referred by Acts 1973. c. 471. The 1973 act, which was
to in subsection (a) of this section, is established made effective July 1, 1974, and provided that
effective January 1, 1985, by Acts 1984. c. 750. it should expire at midnight on that date unless
Prior to that date, its functions under subsec- earlier reenacted. was repealed by Acts 1974, c.
tion I a) of this section are to be performed by the 96, effective March 22, 1974, and therefore
Board of Conservation and Economic never went into effect.
Development.

� 28.1-148. Mouth of Rappahannock river defined. - Whenever the
mouth of the Rappahannock river is used in Title 28 [Title 28.11 of the Code
it shall mean: Beginning on the west edge of a.concrete breakwater located on
the extreme eastmost [point] of Stingray Point, Middlesex County, designated
as point "B," said point is located in line with the north side and 98.3 feet from
the northeast comer of a porch dwelling owned by William E. Myers; thence
north 2 1' 50' east (magnetic), 20,240 feet (approximately), to a pipe designated
as point "C", located on the extreme eastmost point of Windmill Point,
Lancaster County. This area is to include all of the Rappahannock river and
its tributaries except as set out in � 93.1 1� 28.1-831, Code of Virginia, (Code
1950 (Suppl.), � 28-201.4; 1960, c. 517; 1962, c. 406.)
28.1-149. Certain natural oyster rocks in Rappahannock river. -
All of Russ' Rock and Little Carter's Rock are declared to be natural oyster
rocks, beds and shoals and unassignable to any person for private use, in the
same manner and to the same extent as if the same had been embraced within
the original Baylor survey; and the Commissioner of Marine Resources is
hereby directed as soon as practicable to have such natural oyster rocks, beds
and shoals properly and accurately surveyed and a plat of the survey recorded
in the clerk's office of Richmond and Essex counties. The expense of making
such surveys and recording the plat to be paid by the Commissioner out of the
general oyster funds of the State, and such natural oyster rocks, beds and .
shoals shall henceforth be exempt from assignment to any person. (Code 1950,
� 28-203; 1962, c. 406.)

Editor's note. - This section was amended earlier reenacted. was repealed by Acts 1974, c.
by Acts 1973, c. 471. The 1973 act. %%hich was 96. eftective March 22, 1974, and therefore
made effective July 1. 1974, and provided that never went into effect.
itshould expire at midnight on that date unless

� 28.1-150. Declaring certain grounds in Mobjack Bay natural oyster
rocks. - The following grounds in lvlobjack Bay, in the county of Gloucester.
to wit: First. a lot of ayster-planting ground -containing two hundred and
eighteen and seventy-five-one-hundredths acres surveyed by Fred E. Reudiger,
ci vl engineer, and assigned to F. W. Darling by George B Taliaferro, oyster
inspector, by an assignment recorded in oyster plat book number four, page
thirtv-one in the clerk's office of Gloucester County, Virginia; second those

Addendizn: Part B, p. 31

portions of a lot of oyster ground surveyed by Fred E. Reudiger, civil engineer.
and assigned to J. Weymouth by George B. Taliaferro. oyster inspector, by his
assignment recorded in oyster plat book number four' , p_ag@ thirty-five in the
clerk's office of Gloucester County, Virginia, and a lot of oyster ground sur-
veyed by Fred E. Reudiger, civil engineer, and assigned to S. J. Watson by
George B. Taliaferro, oyster inspector, by an assignment recorded in oyster plat
book number four, page thirty-one, in the clerk's office of Gloucester County,
Virginia, which two portions of the two plats adjoin the two hun-
dre -and-eighteen-and-seventy-five-one-hundredths acre lot of oyster ground
above described, which was assigned to F. W. Darling and which portions are
cut off from the residue of the Weymouth and Watson lots of oyster ground
above described, by a line beFirnning where the boundary of J. Weymouth's
ground, which runs north 0 ty-seven degrees, thirty:two minutes east,
seventy-eight and sixty-one hundredths chains, intersects the boundary of
F. W. Darling ground, which runs south forty-tw6 degrees east, thirty chains,
and from this point of intersection runnl south forty-two degrees east, until
it intersects with the line of S. J. Watson@sg ground, which runs south fifty-one
degrees, twenty-six minutes west one hundred and thirteen and
seventy-nine-one-hundredths chains (these portions of the Weymouth and
Watson lots of oyster ground are cut off by the boundary line hereiribefore
described without regard to acreage thereof; the acreage is estimated not to
exceed fifty acres), shall be regarded, deemed, and taken to be natural oyster
rocks, beds and shoals as fully and effectually to all intents and purposes as if
the same had ori inally been included within the limits and boundaries of the
Baylor survey of the natural rocks, beds, and shoals in the waters of the
Commonwealth, and subject in all respects to the laws of the State in relation
to natural oyster rocks, beds and shoals, and the taking of oysters therefrom,
but subjeci, also, to the existing rights of any lessees of such ground, if there
be any such right. (Code 1950, � 28-204; 1962, c. 406.)

� 28.1-151. Declaring certain areas in Hill's Bay, Mathews County, as
natural ovster ro*cks, beds and shoals. - The following ground in Hill's Bay
on the west side of Gwynn's Island, Mathews County. contained within the
following boundaries is hereby declared to be natural oyster rocks, bed *s and
shoals and unassignable to any person for private use: Beginning at corner No.
8, Public Ground No. 5 of Mathews County; thence along Public Ground line
to corners Nos. 9, 10, 11, 12, 13 and 14 in a northeasteriv direction; thence a
due east course to the low-water mark on west side of Gwynn's Island; thence
following the meanders of the low-tide line in a southwesterly direction to
corner No. 5 of J. R. Forrest's oyster lease of 2.01 acres; thence following said
oyster lease in a westerly direction to corner No. 4 of said lease; thence in a
westerlv direction to the point of beginning. The oyster lease of 0. V. Sparrow's
10.51 acres. near Cherry Point, is hereby excluded from the area herein de-
scribed. @Code 1950 (Suppl.), � 28-204.1; 1954, c. 63; 1962, c. 406.)

� 28.1-152. Declaring certain other areas in@ Hill's Bay, Mathews
County, as natural oyster rocks, beds and shoals. - The following ground
in Hill's Bay, Mathews County, contained within the following boundaries is
hereby declared to be natural oyster rocks, beds and shoals and unassignable
to any person for private use.
The point of beginning is located at the low-tide line on the west side of the
Gwynn's Island Bridge, said bridge connecting the mainland and Gwynn's
Island; thence following the west right-of-way of said Gwynn's Island Bridge
to a point on the south side of Public Ground No. 5, Mathews County; thence
along the south side of Public Ground No. 5 in a southwest direction to Public
Ground corner No. 2; thence in a generally west direction along said Public
Ground corner No. 3; thence in a generally northwest direction along said
Public Ground to Public Ground corner No. 4; thence in a generally northwest
direction along said Public Ground to Public Ground comer No. 5; thence in a
generally northwest direction on the west side of Public Ground No. 5 to a
point; thence in a northwest direction along the south side of C. A Forrest's
4.10 acre oyster ground lease to a point; thence in a northwesterly direction

Addendim: Part B, 32

along the southwest side of J. E. Forrest's 10.17 acre oyster ground lease to a
point; thence in an easterly direction along the northern side of J. E. Forrest's
10. 17 acre oyster ground lease to a point on the south side of Public Ground No.
5 Mathews County; thence in a northwesterly direction along,the south side
o@ Public Ground No. 5 to Public Ground corner No. 6; thence in a generally
north direction along the western side of said Public Ground No. 5 to Public
Ground corner No. 5; thence in a northerly direction along said Public Ground
to Public Ground corner No. 4; thence in a northerly direction along the west
side of Public Ground No. 5 to a point; thence following the south edge of
Shelton Rowe's, Julian Rowe's and Robert Callis's oyster ground lease of 100
acres in a generally west direction to a point, said point being due north of
survey station Rowe's, Julian Rowe's and Robert Callis's oyster ground lease
of 100 acres in a "Burton" on Burton's Point to low-tide line; thence following.
the low-tide line in a generally southeasterly direction to the west side of the
mouth of Queen's creek; thence in a southeasterly direction across the mouth
of Queen's creek to a point; thence along the low7tide line in a generally
easterly direction to the point of beginning. (Code 1950 (Suppl.), � 28-204. 1: 1;
1958, c. 299; 1962, c. 406.)
� 28.1-153. Declaring certain areas in Chesapeake Bay, Mathews
County, as natural oyster rocks, beds and shoals. - The following ground
in Chesapeake Bay, Mathews County, contained within the following bound-
aries is hereby declared to be natural oyster rocks, beds and shoals and
unassignable to any person for private use.
Beginning, as a point of reference, At survey station "Sand," located near the
south end of Gwynn's Island; thence due east to the low-water mark on the east
side of Gwynn's Island to the true point of beginning; thence due east along the
south end of Gwynn's Island; thence due east to the low-water mark on the east
Public Ground No. 6. Mathews County; thence following the west side of Public
Ground No. 6, Mathews County, in a northerly direction to Public Ground
corner No. 8; thence following said Public Ground in a northerly direction to
Public Ground corner No. 7; thence following said Public Ground in a northerly
direction to Public Ground corner No. 6; thence in a northerly direction,
following said Public Ground to Public Ground corner No. 5; ihence in a
northerly, direction following said Public Ground to Public Ground corner No.
4: thence in a northerly. direction following said Public. Ground to Public
Ground corner No. 3; thence in a genC-rallv west direction following the soutn
side of Public Ground No. 6 to Public @;round corner No. 2; thence in a
generally westerly direction following said Public Ground to Public Ground
corner No. 1; thence in a southwesterly direction to the intersection of Public
Ground No. 5, Mathews County; thence following the northeast side of Public
Ground No. 5 in a southeasterly direction to the low-tide line at Cherry Point
on the north side of Gwynn's Island; thence following the low tide on the north
side of Gwynn's Island to a point; thence following the low-tide line on the east.
side of Gwynn's Island in a southerly direction to the true point of beginning.
(Code 1950 (Suppl.), � 28-204.1:2; 1958, c. 204; 1962, c. 406.)
� 28.1-154. Declaring certain areas near Hole in the Wall, in Mathews
County, as natural oyster rocks, beds and shoals. - The following Found
near Hole in the Wall, Mathews County, contained within the following bound-
aries is hereby declared to be natural oyster rocks, beds and shoals and
unassignable to any person for private use:
1. Beginning at V irginia Commission of Fisheries' survey Station Marsh,
located in the marsh on the south side of the Hole in the Wall; thence in a
northeasterly direction to corner No. 3 of Carroll Lee Forrest and Vernon Rowe,
Junior's, oyster lease of 13.02 acres, thence in a northwesterly direction along
said lease to corner No. 2; thence along the east side of R. Herbert Callis' lease
of 6.69 acres to corner No. 3 of said lease; thence along the north side of said
lease in a westerly direction to corner No. 2, said corner No. 2 in on line of
-Public Ground No. 7, Mathews County; thence in a northerly direction to
Public Ground corner No. 11; thence in a northwesterly direction along Public
Ground line to a point opposite corners Nos. 8 and 9 of Maywood L. Callis'24.69
acres; thence in a northeasterly direction to comer No. 9 of said lease; thence
to corner No. 10 of said lease; thence in a northeasterly direction to Virginia
Commission of Fisheries' survey Station Sand; thence in a due east. course to

Addendum: Part p.33

the intersection of Public Ground No. 6. -Mathews Countv: thence following
along west side of said Public Ground in a southeasterly direction to a point due
east of Station Marsh; thence due west to Station Marsh, or point of beginning.
2, Beginning at the northeast corner of Haufler's survev No. 6565; thence in
an easterly direction along the line of Milford Haven t(; a point which is on
Public Ground No. 7; thence in a southerly direction along the boundary line
of Public Ground No. 7 to a point, thence due west to a point which is the
southeastern corner of Callis Ground No. 7222@ thence in a northerlv direction
along Callis Ground No. 7222 and Callis Ground No. 10447 to a point where
the eastern boundarv of Callis Ground No. 10447 intersects the eastern bound-
ary of Haufler's Ground No. 6565: thence in a northerly direction to the point
of beginning. (Code 1950 (Suppl.), � 28-204.2; 1954, c. 111; 1962, c. 406; 1981,
c. 128.)
� 28.1-155. Declaring certain areas in Pocomoke Sound, Accornack
County, as natural oyster rocks, beds and shoals. - The following area in
Pocomoke Sound, Accomack County, contained within the following bound-
aries is hereby declared to be natural oyster rocks, beds and shoals and
unassignable to any person for private use:
Beginning at a point on the low-water mark on the north end of Saxis Island,
said point being due south from the low-water mark and marked by a concrete
marker designated as survey point "B" on a map 4of Pocomoke Sound; thence
from the true point of beginning at low water following in a southwesterly
direction the low-water mark on the northwest side of Saxis Island to a point,
said point being the northeast side of Starling creek; thence southwesterl
across mouth of Starling creek to a point; thence following the low-water mM
in a southwesterly direction to a point, said point being on the northeast side
of the mouth of Fishing creek; thence in a generally westerly direction- across
the mouth of Fishing. creek to a oint; thence following the low-water mark
around Drum Bay to a point, sais point being due north of a concrete survey
marker named "Drum"; thence due north to Public Ground No. 11; thence
easterly to Public Ground corner No. 13; thence southeastetly to Public Ground
corner No. 14; thence- easterly to Public Ground corner No. 15; thence
southeasterly to Public Ground corner No. 16; thence easterly to Public Ground
corner No. 17; thence northeasterly to Public Ground corner No. 18; thence
northwesterly to Public Ground corner No. 19; thence northeasterly to Public
Ground corner No. 1; thence in a northerly direction to Public Ground corner
No. 14 of Public Ground No. 9; thence northerly to Public Ground corner No.
15; thence northeasterly to Public Ground corner No. 16; thence northeasterly
toward Public Ground corner No. 17 to a point; said point being due north to
the true point of beginning; thence due south to the point of beginning.
Provided, however, that nothing in this section shall be construed as
prohibiting assignment of a portion of such area to riparian owners under the
rovisions of � 28.1-108 of the Code of Virginia. (Code 1950 (Suppl.),
28-204.3; 1956, c. 135; 1962, c. 406.)
� 28.1-156. Declaring certain areas in Piankatan-k river near Stove
Point, Middlesex County, as natural oyster rocks, beds and shoals. -
The following area, in the Piankatank river around and near Stove Point,
Middlesex County be, and the same hereby is declared, as natural oyster rocks,
beds, and shoals and unassignable to any person for private use:
Beginning at survey station "R" on extreme southern tip of Stove Point as
a int of reference; thence in a southerly direction to the low-water mark on
teeosouthern tip of Stove Point; thence in a northerly direction following the
low-water mark on the west side of Stove Point to a point due west of survey
station "Billy"; thence in a due west course to Public Ground No. 3, Middlesex
County; thence in a southerly direction to Public Ground corner No. 6 of said
Public Ground; thence in a southerly direction to Public Ground corner No. 5;
thence in an easterly direction to Public Ground corner No. 4; thence in a
southeasterly direction to Public Ground corner No. 3; thence in a
southeasterly direction to a point, said point being on Public Ground No. 5, of
Mathews County; thence in a northeasterly direction, following Public Ground
No. 5. Mathews County, to a point; thence in a northwesterly direction to
Public Ground corner No. 14 of Public Ground No. 2, Middlesex County; thence

AddendLun: Part 3, p.34

in a north-northwesteriv direction to Public G@round cr.,rner No. 13 of said
Public Ground: thence in a westerl direction to corner No. 4 of J. T. Ward's
57.48 acre lease; thence in a northerly direction following the west side of said
J. T.'Ward's lease-to corner No. 5 of the hereinabove mentioned lease; thence
in a due west course to the low-water mark on the eastern side of Stove Point;
thence followina in a southerl direction the low-water mark of the east side
y
of Stove Point to the point of beginning.
Provided, however, that nothing in this section shal I affect any oyster ground
assi7ments that are now in effect nor shall this section be construed as
proh biting assignment of a portion of such area to riparian owners under the
provisions of � 28.1-108 of the Code of Virginia. (Code 1950 (Suppl.),
� 28-204.4: 1956, c. 142; 1962. c. 406.)
. � 28.1-157. Declaring certain areas near the mouth of the Poquoson
river, in York County, as natural ovster rocks, beds and shoals. - The
following ground near the mouth of tl@e Poquoson river in York County, con-
tained within the following boundaries is hereby declared to be natural oyster
rocks, beds and shoals and unassignable to any person for private use. ,
Tract No. 1. Beginning at low-water mark on the extreme east side of
Goodwin Islands at a point known as Tues Point; thence following the
low-water mark on the eastern side of Goodwin Islands in a general southerly
direction to the extreme southern point of said Goodwin Islands: thence in a
southerly direction to corner No, 7 of the 27.72 acre ovster lease of C. E.,
W. T. and J. T. Crockett, H. H. Hansford and S. E. Wescott; thence in a general
easterly direction to corner No. 6 of said oyster lease; thence in a southerly
direction to corner No. 5 of said oyster lease; thence in a general westerly
direction to corner No. 4 of said oyster lease; thence due south to the low-water
mark on the east side of Crab Neck. thenice following the low-water mark on
the east side of said Crab Neck in a general southerly direction to the extreme
tip of said Crab Neck, known as York Point; thence in a general
south-southwesterly direction to corner No. 3 of Public Ground No. 9. York
County; thence in a southeasterly direction along the northeast side of said
Public Ground to Public Ground corner No. 4; thence in a general southerly
direction on the east side of said Public Ground to corner No. 1 of said Public
Ground; thence in a general southeasterly direction to Public Ground corner
No. 3 of Public Ground No. 8, York County; thence in a northeasterly direction
following the west side of Public Ground No. 8 to Public Ground corner No. 2;
thence in an easterly direction along the northern side of Public Ground No.
8 to Public Ground corner No. 1; thence in a southwest direction along the east
side of Public Ground No. 8 to Public Ground corner No. 4; thence in a due east
course to the low-water mark on the east side of the mouth of Bennett's creek;
thence following the low-water mark in a general easterly direction to Marsh
Point, said point is located at the extreme southeast side of the mouth of the
Poquoson river; thence in a general northwesterly direction on a line toward
Tues Point to a point on the southeast side of Public Ground No. 7, York
County; thence in a southwest direction along the southeast side of Public
Ground No. 7 to Public Ground corner No. 4; thence in a northwesterly direc-
tion along the southwest side of said Public Ground No. 7 to Public Ground
corner No. 1; thence in a northeasterly direction along the northwest side of
said Public Ground No. 7 to a pGint; thence following the south line of the oyster
ground of C. E. Crockett and A. P. Thomas, said lease containin 12.70 acres,
in a general westerly direction to corner No. 3 of said ovster lease: thence
following the west side of said oyster lease in a general no@theriy direction to
corner No. 2 of said lease; thence in a northeasterly direction along the
northwest side of said oyster lease to a point, said point being located on a line
from Tues Marsh to Marsh Point, thence in a northwesterly direction to the
low-water mark to Tues Point, or the point of beginning.
Tract No. 2. Beginning at the low-water mark on the extreme east side of
Plumtree Point, said point located on the north side of the mouth of Back river,
said point is the eastmost point on said side of river; thence in a general
north-northwesterly direction toward corner No. 3 of Public Ground No. 7,
York County, to a point on the south side of M. F. Quinn's 90.40 acre oyster
ground lease; thence in a westeriv direction along the south line of M. F.
Quinn's oyster lease to a point, saia point being located on the southeast side
of York.County, Public Ground No. 7: thence in a southwesterly direction along

Addendum: Part B,.P.35

the southeast side of Public Ground No. T. York Cnunt@'. to a point, said point
is located along a line from Tues Point to Marsh Point: thence in a general
southeasterlv direction alona the heretofore described line.to the lo@@--water
mark on Marsh Point, said Nlarsh Point being the extreme east point of the
south side of the mouth of Poquoson river@ thence in a general southeasterly
direction along the lov,--water mark to the point of beginning. (Code 1956
(Suppl.), � 28-204.5-1 1958, c. 175; 1962, c. 406.1
� 28.1-158. Declaring certain ground in Mobjack Bay, in Gloucester
and Mathews counties, to be natural oyster rocks, beds and shoals. -
The following grounds in Mobjack Bay, Gloucester-Mathews counties, con-
tained within the following boundaries are hereby declared to be natural oyster
rocks, beds and shoals and unassignable to any person for private use in the
same manner and to the same extent as if the same had been embraced within
the original Baylor survey:
Beginning at the westmost corner of W. E. Belvin's 79.25 acre oyster ground
lease, designated as corner No. 2 of said lease, said'point of beginning also
being the northmost corner of additional Public Ground area of 1928,
Gloucester County (Deep Rock): thence in a northerly direction along the west
side of the said BQvin lease to corner No. 1 of said lea@e, corner No. I also being
the southmost comer of John Carr's 84.85 acre oyster ground lease; thence in
a northwesterly direction along the southwest side of John R. Carr's 84.85 acre
oyster ground lease to corner No. 1 of said oyster ground lease; thence in a
general northeasterly direction along the northwest side of John R. Carr's
oyster lease to corner No. 2 of said lease, said comer also being the westmost
corner of W. E. Belvin's 27.71 acre oyster ground lease; thence in a
northeasterly direction along the northwest side of W. E. Belvin's oyster
ground lease to comer No. 10 of said lease; thence in a southeasterly direction
along the northeast side of W. E. Belvin's oyster ground lease to corner No. 6
of said lease; thence in a northeasterly direciion to the southwest side of Public
Ground No. 2, Mathews County; thence in a northwesterly direction along the
southwest side of Public Ground No, 2, Mathews County, toa point, said point
being the intersection of an additional area of Public Clamming Grounds,
Gloucester County, with Public Oyster Ground No. 2, Mathews County; thence
in a southwest course along additional area of Public Clamming Grounds,
Gloucester County; thence in a southwesterly direction along the edge of addi-
tional area of Public Clamming Grounds in Gloucester County to a point;
thence in a southeasterly direction along the additional area of Public
Clamming Grounds, Gloucester County, to the point of beginning. (Code 1950
(Suppl.), � 28-204.6; 1958, c. 475; 1962, c. 406.)
� 28.1-159. Acts which remain in force. - The following acts of the
General Assembly are continued in force:
Chapter 632 of the Acts of 1901-2, approxed April 2, 1902, relating to the
natural oyster rocks, beds and shoals in Nomirii and Currioman bays, in the
county of Westmoreland.
Chapter 294 of the Acts of 1901-2, approved March 25, 1902, declaring
certain grounds in the James river, in the county of Isle of Wight, known as
Day's Point Long Rock be a natural oyster bed, rock or shoat.
ChApter 319 of the Acts of 1901, approved February 16, 1901, including
Surry County within the oyster territory of the State. etc.
Chapter 855 of the Acts of 1895-6, approved March 5, 1896, and chapter 263
of the Acts of 1897-98, approved February 9, 1898, declaring certain portions
of ground in York river to be natural oyster rocks.
Chapter 862 of the Acts of 1897-98. approved March 3, 1898, relating to the
natural oyster rocks, beds and shoals in York river in King and Queen County.
Chapter 279 of the Acts of 1930, approved March 24, 1930, relating to certain
natural oyster beds, rocks and shoals in Mathews County. (Code 1950,
� 28-205; 1962, c. 406.)

Addendum: Part B, p.36

ARTICLE 12.
Clair-s and Scallops.
� 28.1-160. Possession of oysters while taking clams or scallops. - If
any person shall have in his possession any oysters while taking or catching
clams or scallops during the season in which it is not lawful to take or catch
ovsters from the natural rocks. beds, or shoals, he shall be prima facie guilty
ot violating the law against taking or catching oysters therefrom during such
season, and upon conviction, the penalty shall be the same as for taking or
catching oysters from the natural rocks, beds, or shoals, during the prohibited
season. (Code 1950, � 28-178; 1954, c. 177; 1960, c. 517; 1962, c. 406; 1968, c.
747; 1970, c. 726.)
� 28.1-161. Dredging clams in polluted areas for replanting in public
clamming grounds. - The Commissioner of Marine Resources shall have
authority to dredge clams or have the same dredged in polluted areas for the
purpose of replanting the same in public clamming grounds which have been
or which may thereafter be set aside. (Code 1950, � 28-179; 1962, c. 406.)

Editor's note. - This section was amended earlier reenacted, was repealed by Acts 1974, C.
by Acts 1973, c. 471.. The 1973 act, which was 96, effective March 22, 1974, and therefore
made effective July 1, 1974, and provided that never went into effect.
it should expire at midnight on that date unless

� 28.1-162. Public clamming or scalloping grounds. - Any ground in
the waters of this Commonwealth not assigned to anyone for planting or
bathing purposes may be, on application of twenty or more citizens to the oyster
inspector of the district in which the land lies, laid off and designated as public
clamming or scalloping grounds; or the Marine Resources Commission may do
so without such petition 'if in its judgment it is expedient, provided in its
opinion no oyster interests-will suffer thereby and the clams or scallops are of
sufficient quantity for a person to realize at least two hundred and twenty-five
clams or one and one-half dollars per day'catching and taking clams or scallops
from such ground; and, if laid off, the Commission shall have the metes and
bounds of such ground accurately designated by proper and suitable stakes;
and also have a plat made of the sarne, to be recorded in the clerk's off"Ice of the
county wherein the ground lies, all cost of surveying, platting and recording to
be paid by the applicants; and such ground shall be set apart and remain as
public clamming or scallopi.ng.grourid for the common use of the citizens of this
6tate so long as the Commission may deem best, and shall not be assigned to
anyone during such period. (Code 1950, � 28-180; 1962, c. 406.)

Editor's note. - This section wa- amended earlier reenactet, was repealed by Acts 1974, c.
by Acts 1973, c. 471. The 1973 act, which was 96, effective March 22. 1974, and therefore
made effective July 1, 1974, and provided that never went into effect.
it should expire at midnight on that date unless

� 28.1-163. Catching of scallops; public scallop grounds. - (1) 5eason
for catching scallops. - It shall be lawful for any person, who has been duly
licensed according to law, to take or catch scallops with scrapes, from the public
grourfds of the Commonwealth, to take and catch scallops, by any means from
such grounds between the fifteenth day of November of each year and the
fifteenth day of April of the succeeding year, inclusive; but it shall be unlawful
to take or catch scallops by any means whatsoever between the fifteenth day
of April and the fifteenth day of November of any year.
(2) License tax. - For the privilege of taking scallops, there shall be paid to
the inspector of the district in which he resides a license tax of fifty dollars per
year, which shall include the privileges of marketing and shipping scallops so
taken or caught.
(3) Measun .ng ri .ng; size limit. - The inspector shall furnish each such
licensee with a metal ring, having an inside measurement of one and
three-quarter inches; and it shall be unlawful for any person to take, catch, or
have in his possession scallops of a size smaller than one and three-quarter
inches, which will pass through such metal ring.

Addendum: Part B, p.37

@41 Public scallop grounds. - Any g-round in the waters of this Common-
wealth not assigned to anyone for planting or bathing urposes, may, on appli-
cation of twenty or more citizens to the inspector of t@e district in'which the
land lies, be laid off and designated as public scallop grounds; or the I'Vlarine
Resources Commission may do so without such petition if in its judgment it is
expedient; provided, in the opinion of the Commission no oyster interest will
suffer thereby, and the scallops are of sufficient quantity for a person to realize
at least three dollars per day catching and taking scallops from such grounds;
and, if laid off, the Marine Resources Commission shall have the metes and
bounds of such ground accurately designated by proper and suitable stakes,
and also have a plat made of same, to be recoraed in the clerk's office of the
county wherein the ground lies, all costs of surveying, platting and recording
to be paid by the applicants; and such grounds shall be set apart and remain
as public scallop grounds for the common use of the citizens of this State so long
as the Commission may deem best, and shall not be assigned to anyone during
such period. Provided, however, that any person who has procured an oyster
and or clamming license shall have the privilege of taking and catching
scallops under such license. (Code 1950, � 28-181; 1962, c. 406; 1979, c. 274.)

Editor's note. - This section was amended earlier reenacted. was repealed by Acts 1974, c.
by Acts 1973, c. 471. The 1973 act. which was 96, effective March 22. 1974, and therefore
made effective July 1, 1974, and provided that never went into effect.
it should expire at midnight on that date unless

� 28.1-164: Reserved.

CHAPTER 6.

CRABS.
Sec. See.
28.1-165. Licenses to take crabs; amount of 28 1-172. Taking crabs on Sunday.
2 tax; restrictions on privilege., 28*1-172.1. Sale of licenses for crabbing.
8.1-167. Limitations on sizes of crabs to be
taken.
� 28.1-165. Licenses to take crabs; amount of tax; restrictions on
privilege. - Any resident of Virlpinia or* nonresident desiring to take or catch
crabs for market or profit from the waters of this Commonwealth, or Waters
under its jurisdiction, by any of the means hereinafter stated, or any person,
firm or corporation desiring to engage in the business of buying or marketing
crabs for packing or canning the same in any way, shall pay to any inspector
the taxes and be subject to the provisions set forth in the other sections of this
chapter and the following subsections:
(1) For each person taking or catching crabs by dip nets, net, ordinary
trotline, hand rake, or with any device not otherwise licensed by this section
other than a hand line, eight dollars. No boat shall be used to pull or push any
rake.
(2) For each person taking or catching crabs with patent trotlines, thirty-
one dollars.
(3) For each boat operator catching blue crabs by means of a device made of
wire or thread net and commonly known as a crab pot, twenty-nine dollars; or
if catching crabs with one or more assistants, forty-eight dollars. No such pot
or device shall be used which has a mesh less than 11/2". A holder of a crab pot
license may use peeler pots, exempt from mesh size limitations, without
securing an additional license. A peeler pot is defined as a wire mesh pot
baited with only live adult male @jimmy) blue crabs and food for these crabs.
During the months of June, July and August, however, any person fifteen
years of age or under may be an assistaht to a boat operator catching blue
crabs by means of a device made of wire or thread net without obtaining a
license.

Addendm: Part B. p.38

(4) For each boat used for the purpose of taking or catching hard crabs with
dredges, fifty-eight dollars; but such boat shall not be used as a boat for
buying crabs, when the Commission limits the taking of crabs under
� 28.1-168.
(5) (Repealed.]
(6) (a), (b) [Repealed.]
(c) No person who is licensed to catch crabs shall be required-to procure
further license for marketing or shipping his own catch.
(7) For each crab trap or crab pound, five dollars.
(8) For each person.scraping crabs with a scrape, sixteen dollars. (Code
1950, � 28-170; 1954, c. 368; 1956, c. 293; 1960, c. 517; 1962, c. 406; 1964, c.
393; 1966, c. 684; 1968, c. 785; 1970, c. 726; 1979, c. 274; 1983, cc. 307, 603;
1985, c. 180.)

The 1985 amendment added "and food for
these crabs" at the end of the fourth sentence of
subdivision (3).

� 28.1-167. Limitations on sizes of crabs to be taken. - It shall be
unlawful for any person to catch, take or have in possession at any time more
than ten hard crabs per United States standard bushel or thirty-rive hard
crabs per barrel, which measure less than five inches across the shefl from tip
to tip of the longest spikes, or-to destroy them in any manner, but shall
immediately return the same to the water alive. Adult female crabs, peeler
crabs and soft crabs are exempt from these limitations except that the
Commission may change such size restriction for a period not to exceed sixty
days to respond to significant ecological changes.
In the exercise of its authority granted pursuant to this section, the
Conunission shall cause notice of any such action to be taken to be posted in
two or more public places in each locality affected at least five days prior to
the Commission meeting at which such action may be considered. Such
publication shall be in lieu of any other notice and shall be the only procedure
required by the Commission in exercising such authority.
The inspector shall have the authority to grade or cull any number of
barrels, baskets or containers of crabs in any person's possession which he
may deem necessary.
If the inspector finds in excess of ten undersize hard crabs per United States
standard bushel or thirty-five hard crabs per barrel, the entire quantity of
crabs in or from each barrel, basket or container, which was inspected, and
found to contain in excess of ten hard crabs per United States standard bushel
or thirty-five hard crabs per barrel, shall be seized by the inspector and all
such crabs shall be immediately returned to the water by the person who
possessed such crabs. The refusal to return the crabs to the water shall
constitute a distinct and separate offense from any other violation.
The aforesaid requirement to return the crabs to the waters shall apply to
crabs taken and in possession of a crabber or catcher and shall not apply to
crabs which have been purchased by a buyer and in the buyer's possession,
nor shall it apply to crabs which have been transported a distance of five miles
from the nearest salt water. (Code 1950, � 28-172; 1960, c. 517; 1962, c. 406;
1966, c. 684; 1970, cc. 610, 726; 1977, c. 35; 1978, c. 369; 1.981, c. 52; 1985, c.
166.)

The 1985 amendment divided the first or scrape" following "to the water alive"; and
paragraph into the present first and second in the first sentence of the fourth paragraph
sentence, by deleting "provided that" at the substituted "in excess of ten undersize hard
beginning of the present second sentence; in crabs per United States standard bushel or
the present first sentence of the first paragraph thirty-five hard crabs per barrel" for
substituted "ten hard crabs per United States "undersize crabs in excess of ten per centum
standard bushel or thirty-rive hard crabs per tolerance" and substituted "ten hard crabs per.
barrel" for "ten per centurn by count per barrel, United States standard bushel or thirty-five
box, basket or other shipping container of hard hard crabs per barrel" for "the ten per centum
crabs" and deleted "when taken out of the net tolerance.-

AddendLun: Part B, p.39

� 28.1-172. Taking crabs on Sunday. - It shall be unlawful to take from
the waters of the Commonwealth crabs for commercial purposes on Sunday or
between sunset and three hours before sunrise. Except as otherwise proviaed,
this section shall not apply to peeler pounds or floats.
Any person licensed to take or catch crabs may take only peeler crabs from
crab pots on Sunday. In taking peeler crabs from crab pots on Sunday, it shall
be unlawful for any person to have in his possession more than five percent by
count of hard-shelled crabs. Any violation of this section shall be a Class 3
misdemeanor. (Code 1950, � 28-195; 1958, c. 471; 1960, c. 517; 1962, c. 406;
1975, c. 12; 1976, c. 34; 1983, c. 78; 1985, c. 181.)

The 1985 amendment substituted "sunset the first sentence of the first paragraph and
and three hours before sunrise" for "one hour deleted "crab pots" following "apply to" in the
after sunset and one hour before sunrise" in second sentence of the first paragraph.

� 28.1-172.1. Sale of licenses for crabbing. - In order to appraise the
anticipated level of harvesting for the purpose of taking seasonal conservation
measures, the Commission may require the purchase of licenses before each
crab season begins. It may set time periods for the sale of licenses to crab and
may grant extensions to individual applicants when it finds exceptional
circumstances exist. (1985, c. 165.)

Addend=: Part B, p.40

LEGISLATION PASSED IN THE 1986 GENERAL ASSEMBLY SESSION

1986 SESSION
VIRGINIA ACTS OF ASSEMBLY - CHAPTER

An Act to amend and reenact �� 62.1-203, 62.1-206 and 62.1-209 of the Code of Virginia,
and to amend the Code of Virginia by adding in Title 62.1 a chapter numbered 22,
consisting of sections numbered 62.1-224 through 62.1-232, the amended and added
sections relating to the Virginia Water Facilities Revolving Fund.

IS 232)

Approved APR '31

Be It enacted by the General Assembly of Virginia:
1. That �� 62.1-203, 62.1-206 and 62.1-209 of the Code of Virginia are amended and,
reenacted and that the Code of Virginia is amended by adding in Title 62.1 a chapter
numbered 22, consisting of sections numbered 62.1-224 through 62.1-232 as follows:
� 62.1-203. Powers of Authority.-The Authority is granted all powers necessary or
appropriate to carry out and to effectuate its purposes, including the following:
L To have perpetual succession as a public body corporate and as a political
subdivision of the Corhmonwealth;
2. To adopt, amend and repeal bylaws, and rules and regulations, not inconsistent with
this chapter for the administration and regulation of its affairs and to carry into effect the
powers and purposes of the Authority and the conduct of its business;
3. To sue and be sued in its own name;
4. To have an official seal and alter it at will although the failure to affix this seal
shall not affect the validity of any instrument executed on behalf of the Authority;
5. To maintain an office at any place within the Commonwealth which it designates;
6. To make and execute contracts and all other instruments and agreements necessary
or convenient for the performance of its duties and the exercise of its powers and
functions under this chapter,
7. To sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of
all or any part of its properties and assets;
8. To employ officers, employees, agents, advisers and consultants, including without
limitations, attorneys, financial advisers, engineers and other technical advisers and public
accountants and, the provisions of any other law to the contrary notwithstanding, to
determine their duties and compensation without the approval of any other agency or
instrumentality;
9. To procure insurance, in amounts and from insurers of its choice, against any loss in
connection with its property, assets or activities, including insurance against liability for its
acts or the acts of its directors, employees or agents and for the indemnification of the
members of its Board of Directors;
10. To procure insurance, guarantees, letters of credit and other forms of collateral or
security from any public or private entities, including any department, agency or
instrumentality of the United States of" America or the Commonwealth, for the payment of
any bonds issued by the Authority, including the power to pay premiums or fees on any
such insurance, guarantees, letters of credit and other forms of -collateral or-security;

A76dend=: -D=- B,

11. To receive and accept from any source aid, grants and contributions of money,
property, labor or other things of value to be held, used and applied to carry out the
purposes of this chapter subject to the conditions upon which the aid, grants or
contributions are made;
.12. To enter into agreements with any department, agency or instrumentality of the
United States of America or the Commonwealth for the purpose of planning, regulating and
providing for the financing of any projects;
13. To collect, or to authorize,the trustee under any trust indenture securing any bonds
to collect amounts due under any local obligations owned by the Authority, including
taking the action required by � 15.1-225 to obtain payment of any sums in default;
14. To enter into contracts or agreements for the servicing and processing of local
obligations owned by the Authority;
15. To Invest or reinvest its funds as provided in' this chapter or permitted by
applicable law;
16. Unless restricted under any agreement. with holders of bonds, to consent to any
modification with respect to the rate of interest, time and payment of any installment of
principal or interest, or any other term of any local obligations owned by the Authority;
17. To establish and revise, amend and repeal, and to charge and collect, fees and
charges in connection with any activities or services of the Authority; a-ad
18. To do any act necessary or convenient to the exercise of the powers granted or
reasonably Implied by this chapter 7 ; and
19. To pledge as security for the payment of any or all bonds of the Authority, all or
any part of the Fund transferred to a trustee for such pur'pose from the Water Facilities
Revolving Fund pursuant to � 62.1-231.
� 62.1-206. Sources of payment 'and security for bonds.-The Authority shall have the
power to pledge any revenue or funds of or under the control of the Authority to the
payment of its bonds, subject only to any prior agreements with the holders of particular
bonds pledging money or revenue. Bonds may be secured by a pledge of any local
obligation owned by the Authority, any grant, contribution or guaranty from the United
States of America, the Commonwealth or any corporation, association, institution or person,
any other property or assets of or wnder the control of the Authority, or a pledge of any.
money, income or revenue of the Authority from any source.
� 62.1-209. Provisions of resolution or trust indenture authorizing issuance of bonds.-A.
Bonds may be secured by a trust indenture between the Authority and a corporate trustee,
which may be any bank having the power of a trust company or any trust company within
the Commonwealth. A trust indenture may contain provisions for protecting and enforcing
the rights and remedies of the bondholders that are reasonable and proper and not in
violation of law, Including covenants setting forth the duties of the Authority in relation to
the exercise of Its powers and the custody, safekeeping and application of all money. The
Authority may provide by the trust indenture for the payment of the proceeds of the bonds
and all or any part of the revenues of the Authority to the trustee under the trust
Indenture or to some other depository, and for the method of their disbursement with
whatever safeguards and restrictions as the Authority specifies. All expenses incurred in
carrying out -the trust indenture may be treated as part of the operating expenses of the
Authority.
B. Any resolution or trust indenture pursuant to which bonds are issued may contain
provisions, which shall be part of the contract or contracts with the holders of such bonds
as to:
1. Pledging all or any part of the revenue of the Authority to secure the payment of
the bonds, subject to any agreements with bondholders that then exist;
2. Pledging all or any part of the a ts of, or funds under control of the Authority,
including local obligations owned by the Authority, to secure the payment of the bonds,
subject to.any agreements with bondholders that then exist;
3. The use and disposition of the gross income from, and payment of the principal of
and premium, if any, and interest on local obligations owned by the Authority;
4. The establishment of reserves, sinking funds and other funds and accounts and the
regulation and disposition thereof;

;@ddendurn: Part B, p.

5. Limitations on the purposes to which the proceeds from the sale of the bonds may
be applied, and limitations pledging the proceeds to secure the payment of the bonds, '
6. Limitations on the issuance of additional bonds, the terms on which additional bonds
may be issued and secured, 'and the refunding of outstanding or other bonds;
7. The procedure, If any, by which the terms of any contract with bondholders may be
amended or abrogated, the amount of bonds, if any, the holders of which must consent
thereto, and the manner in which any consent may be given:
8. Limitations on the amount of money to be expended by the Authority for operating
expenses of the Authority;
9. Vesting in a trustee or trustees any property, rights, powers and duties in trust that
the Authority may determine, and limiting or abrogating the right of bondholders to appoint
a trustee or limit the rights, powers and duties Of the trustees;
10. Defining the acts or omissions which shall constitute a default, the obligations or
duties of the Authority to the holders of. the bonds, and the rights and remedies of the
holders of the bonds in the event of default, including as a matter of right the appointment
of a receiver, these rights and remedies may include the general laws of the
Commonwealth and other provisions of this chapter;
11. Requiring the Authority or the trustees under'the trust indenture to file a petition
with the Governor and to take any and all other actions required under � 15.1-225 of the
Code of Virginia to obtain payment of all sums necessary to cover any default as to any
principal of and premium, if any, and interest on local obligations owned by the Authority
or held by a trustee to which � 15.1-225 shall be applicable; and
12. Any other matter,.of like or different character, relating to the ternLs of the bonds
or the securitv or protection of the holders. of the bonds.
CHAPTER 22.
VIRGINIA WATER FACILJTIES REVOLVING FUND
� 62.1-224. Definitions.-As used in this chapter, unless a different meaning clearly
appears from the context.
"Authority" means the Virginia Resources Authority created in Chapter 21 of Title 62.1
(� 62.1-J97 et seq.).
"Board" means the State Water Control Board.
"Cost," as applied to any project financed under the provi .si.ons of this chapter, means
the total of aff costs incurred by the local government as reasonable and necessary for
carrying out all works and undertakings necessary or incident to the accomplishment of
any project. It includes, without limitation, all necessary developmental, planning and
feasibility studies, surveys, plans and specifications, architectural, engineering, financial,
legal or other special services, the cost of acquisition of land and any buildings and
improvements thereon, including the discharge of any obligations of the sellers of such
land, buildings or improvements, site preparation and development, including demolition or
removal of existing structures, construction and reconstruction, labor, materials, machinery
and equipment, the reasonable costs of financing incurred by the local government in the
course of the development of the project, carrying charges incurred before placing the
project in service, interest on funds borrowed to finance the project to a date subsequent
to the estimated date the project is to be placed in service, necessary expenses incurred in
connection with placing the project in service, the funding of accounts and reserves which
the Authority may require and the cost of other items which the Authority determines to
be reasonable and necessary.
"Fund" means the Virginia Water Facilities Revolving Fund created by this chapter
"Local government" means any county, city, town municipal corporation. authority,
district., commission or political subdivision created by the General Assembly or pursuant
to the Constitution or laws of the Commonwealth or any combination of any two or more
of the foregoing.
"Project" means any wastewater treatment facility located or to be located in the
Commonwealth by any local government. The term includes, without limitation, sewage
and wastewater (including surface and groundwater) coliection, treatment and disposal
facilities, drainage facilities and projects; related office, administrative, storage,
maintenance and laboratory facilities, and interests in land related thereto.

� 62.1-225. Creation and management of Fund.-There shall be set apar! as a
permanent and perpetual fund, to he known as the "Virginia Water Facilities Revolving
Fund." sums appropriated to the Fund by the General Assembly, sums allocated to the
Commonwealth expressly for the purposes of establishing a revolving fund concept through
the Clean Water Act (33 U.S.C. � 1251, et seq.), as amended from time to time, all
receipts by the Fund from loans made by it to local governments, all income from the
investment of moneys held in the Fund, and any other sums designated for deposit to the
Fund from any source public or private. The Fund shall be administered and managed by
the Authority as prescribed in this chapter, subject to the right of the Board, following
consultation with the Authority, to direct the distribution of loans or grants from the Fund
to particular local governments and to establish the interest rates and repayment terms of
such loans as provided in this chapter. In order to carry out the administration and
management of the Fund, the Authority is granted the power to employ officers,
employees, agents, advisers and consultants, including, without limitation, attorneys,
financial advisers, engineers and other technical advisers and public accountants and, the
provisions of any other law to the contrary notwithstanding, to determine their duties and
compensation without the approval of any other agency or instrumentality. The Authority
may disburse from the Fund its reasonable costs and expenses incurred in the
administration and management of the Fund and a reasonable fee to be approved by the
Board for its management services.
� 62.1-226. Deposit of money; expenditures; investments.-All money belonging to the
Fund shall be deposited in an account or accounts in banks or trust companies organized
under the laws of the Commonwealth or in national banking associ .ations located in
Virginia or in savings and loan associations located in Virginia organized under the laws
of the Commonwealth or the United States. The money in these accounts shall be paid by
check signed by the Executive Director of the Authority or other officers or employees
designated by the Board of Directors of the Authority. All deposits of money shall, if
required by the Authority, he secured in a manner determined by the Authority to be
prudent, and all banks, trust companies and savings and loan associations are authorized
to give security -for the deposits. Money in the Fund shall not be comingled with other
money of the Authority. Money in the Fund not needed for immeatate use or aisoursement
may be invested or reinvested by the Authority in obligations or securities which are
considered lawful investments for public funds under the laws of the Commonwealth.
� 62.1-227. Annual Audit.-The Auditor of Public Accounts, or his legally authorized
representatives, shall annually audit the accounts of the Authority, and the cost of such
audit services as shall be required shall be borne by the Authority. The audit shall be
performed at least each fiscal year, in accordance with generally accepted auditing
standards and, accordingly, include such tests of the accounting records and such auditing
procedures as considered necessary under the circumstances. The Authority shall furnish
copies of such audit to the Governor and to the Board.
� 62.1-228. Collection of money due Fund.-The Authority is empowered to collect, or to
authorize others to collect on its behalf, amounts due to the Fund under any loan to a
local government, including, if appropriate, taking the action required by � 15,1-225 to
obtain payment of any amounts in default. Proceedings to recover amounts due to the
Fund may be instituted by the Authority in the name of the Fund in the appropriate
circuit court.
� 62.1-229. Loans to local governments.-Except as otherwise provided in this chapter,
money in the Fund shall be used solely to make loans to local governments to finance or
refinance the cost of any project. The local governments to which loans are to be made,
the purposes of the loan, and the amount of each such loan, the interest rate thereon and
the repayment terms thereof, which may vary between local governments, shall be
designated in writing by the Board to the Authority following consultation with the
Authority. No loan from the Fund shall exceed the total cost of the project to be financed
or the outstanding principal amount of the indebtedness to be refinanced plus reasonable
financino expenses.

Addend=: Part B, p.44

Except as set forth above, the Authority shall determine the terms and conditions of
any loan from the Fund, which may vary between local governments. Each loan shall be
evidenced by appropriate bonds or notes of the local government payable to the Fund.
The bonds or notes shall have been duly authorized by the local government and executed
by its authorized legal representatives. The Authority is authorized to require in
connection with any loan from the Fund such documents, instruments, certificates, legal
opinions and other information as it may deem necessary or convenient. In addition to
any other terms or conditions which the Authority may establish, the Authority may
require, as a condition to making any loan from the Fund, that the local government
receiving the loan convenant to perform any of the following.-
A. 'Establish and collect rents, rates, fees and charges to produce revenue sufficient to
pay all or a specified portion of (i) the costs of operation, maintenance, replacement,
renewal and repairs of the project;' (d) any outstanding indebtedness incurred for the
purposes of the project, including the principal of and premium, if any, and interest on
the loan from the Fund to the local government; and (iii) any amounts necessary to create
and maintain any required reserve, including any rate stabilization fund deemed necessary
-or appropriate by the Authority to offset the need, in whole or part, for future increases
in rents, rates, fees or charges;
B. Levy and collect ad valorem taxes on all property within the jurisdiction of the
local government. subject to local taxation sufficient to pay the principal of and premium,
if any, and interest on the loan from the Fund to the local government;
C. Create and maintain a special fund or funds for the payment of the principal of
and premium, if any, and interest on the loan from the Fund to the local government and
any other amounts becoming due under any agreement entered into in connection with
the loan, or'for the operation, maintenance, repair or replacement of the project or any
portions thereof or other property of the local government, and deposit into any fund or
funds amounts sufficient to 'make any payments on the loan.as they become due and
payable;
D. Create and maintain other special funds as required by the Authority, and
E. Perform other acts, including the conveyance of, or the granting of liens on or
security interests in, real and personal property, together with all rights, title and interest
-therein, to the Fund, or take other actions as may be deemed necessar or desirable by
y.
the Authority to secure payment of the principal of and premium, if any, and interest on
the loan from the Fund to the local government and to'provide for the remedies of the
Fund in the event of any default by the local government in the payment of the loan,
including. without limitation, any of the following.
1. The procurement of insurance, guarantees, letters of credit and other forms of
collateral, security, liquidity arrangements or credit supports for the loan from any source,
public or private, and the payment thereror of premiums, fees or other Charges,'
2. The combination of one or more projects. or the combination of one or more
projects with one or more other undertakings, facilities, utilities or systems, for the
purpose of operations and financing, and the pledging of the revenues from such combined
projects, undertakings, facilities, utilities and systems to secure the loan from the Fund to
the local government made in connection with such combination orany part or parts
thereof.
3. The maintenance, replacement, renewal and repair of the project, and
4. The procurement of casualty and liability insurance.
Ad local governments borrowing money from the Fund are authorized to perform any
acts, take any action, adopt any proceedings and make and carry out any contracts that
are contemplated by this chapter. Such contracts need.not be identical among all local
governments, but may be structured as determined by the Authority according to the
needs of the contracting local governments and the Fund.
Subject to the rights, if any, of the registered owners of any of the bonds of the
Authority, the Authority may consent to and approve any modification in the terms of
any loan to any local government subject to guidelines adopted by the Board.

Aidderid=: P B, p. 4 5

� 62.1-230. Grants to local governments.-SubjeCt to any restrictions which may apply
to the use of money in the Fund, the Board in its discretion may approve the use of
money in the Fund to make grants or appropriations to local governments to pay the cost
of any project. The Board may establish such terms 'and conditions on any grant as it
deems appropriate. Grants shall be disbursed from the Fund by the Authority in
accordance with the written direction of the Board.
� 62.1-231. Pledge of loans to secure bonds of Authority.-The Authority is empowered
at any time and from time to time to transfer from the Fund to banks or trust companies
designated by the Authority any or all of the assets of the Fund to be held in trust as
security for the payment of the principal of and premium, if any, and interest on any or
all of the bonds (as defined in � 62.1-199) of the Authority. The interests of the Fund in
any obligations so transferred shall be subordinate to the rights of the trustee under the
pledge. To the extent funds are not available from other sources pledged for such purpose,
any payments of principal and interest received on the assets transferred or held in trust
may be applied by the trustee thereof to the payment of the principal of and premium, if
any, and interest on such bonds of the Authority to which the obligations have been
pledged, and, if such payments are insufficient for such purpose, the trustee is empowered
to seff any or all of such assets and apply the net proceeds from the sale to the payment
of the principal of and premium, if any, and interest on such bonds of the Authority. Any
assefs of the Fund transferred in trust as set forth above and any payments of principal,
interest or earnings received thereon shall remain part of the Fund but shall be subject to
the pledge to secure the bonds of the Authority and shall be held by the trustee to which
they are pledged until no longer required for such purpose by the terms of the pledge. On
or before the tenth day of January in each year, the Authority shall transfer, or shall
cause the trustee to transfer, to the Fund any assets transferred or held in trust as set
forth above which are no longer required to be held in trust pursuant to the terms of the
pledge-
� 62.1-232. Liberal construction of chapter.-The provi .st.ons of this chapter shall be
liberally construed to the end that its beneficial purposes may be effectuated. Insofar as
the provisions of this chapter are inconsistent with the provisions of any other law,
general, special or local, the provisions of this chapter shall be controlling.

1986 SESSION
VIRGINIA ACTS OF ASSEMBLY - CHAPTER 3 2 3

An Act to amend and reenact � 21-89.8 of the Code of Virginia, relating to stop 1vork
orders for land disturbing activities.

[S 2471

Approved APR I IJK6

Be it enacted by the General Assembly of Virginia:
1. That � 21-89.8 of the Code of Virginia is amended and reenacted as follows:
� 21-89.8. Monitoring, reports and inspections. (a) Land-disturbing activities where permit
Is issuied. - With respect to approved plans for erosion and sediment control in connection
with land-disturbing activities which involve the issuance of a grading, building, or other
permit either the permit-issuing authority or plan-approving authority shall provide for
periodic inspections of the land-disturbing activity to ensure compliance with the approved
plan, and to determine whether the measures required in the plan are effective in
controlling erosion and sediment resulting from the land-disturbing activities. Notice of such
right of inspection shall be included in the permit. The owner, occupier or operator shall
be given an opportunity to accompany the inspectors. If the permit-issuing authority or
plan-approving authority determines that the permittee has failed to comply with the plan,

Addendi-n: Part B, p.46

the authority shall immediately serve upon the permittee by registered or certified mail to
the address specified by the permittee in his permit application , or by delivery at the site
of the permitted activities to the agent or employee of the per-mittee supervising such
activities, a notice to comply. Where the plan-approving authority serves notice, a copy of
each notice shall also be sent to the issuer, of the permit. Such notice shall set forth
specifically the measures needed to come into compliance with such plan and shall specify
the time within which such measures shall be completed. If the permittee fails to comply
within the time specified, he may be subject to revocation of the permit; furthermore, he
shall be deemed to be in violation of this article and upon conviction shall be subject to
the penalties provided by the article.
(b) Other regulated land-disturbing activities. - With respect to approved plans for
erosion and sediment control in connection with all other regulated land-disturbing
activities, the plan-approving authority may require of the person responsible for carrying
out the plan such monitoring and reports, and may make such on-site inspections after
notice to the resident owner, occupier or operator as are deemed necessary to determine
whether the soil erosion and sediment control measures required by. the approved plan are
being, properly performed, and whether such measures are effective in controlling soil
erosion and sediment resulting from the land-disturbing activity. Such resident owner,
occupier or operator shall be given an opportunity to accompany the inspectors. If it is
determined that there is failure to comply with the approved plan, the plan-approving
authority shall serve notice upon the person who is responsible for carrying out the plan at
the address specified by him in his certification at the time of obtaining his approved plan
. or by delivery at the site of the permitted activities to the agent or employee of the
permittee supervising such activities . Such notice shall set forth the measures needed for
compliance and the time within which such measures shall be completed. Upon failure of
such person to comply within the specified period, he will be deemed to be in violation of
the article and upon conviction shall be subject to the penalties provided by the article.
(c) Additional provisions. Notwithstanding the above- provisions of this section the
following may be applied:
(1) Where a county, city, or town adopts the local control program and the
permit-issuing authority and the plan-approving authority are not - within the same local
government department the county, city, or town may designate one depArtment to inspect,
monitor, report and insure compliance: In the event a district has been designated as the
plan-approving authority for all or some of the conservation plans, the enforcement of the
program shall be with the local government department; however, the district may inspect,
monitor and make reports for the local government department.
(2) Where a district adopts the local control program and permit-issuing authorities
have been established by a county, city, or town, the district by joint resolution with the
applicable county, city, or town may exercise the responsibilities of the permit-issuing
40
authorities with respect to monitoring, reports, inspections and enforcement
(3) Where a permit-issuing authority has been established, and such authority is not
vested in an emolovee or officer of local government but is the commissioner of revenue
or some other person, the county, city, or town shall exercise the responsibilities of the
permit-issuing authority w'ith respect to monitoring, reports, inspections and enforcement
unless such responsibilities are transferred as provided for in the above provisions of this
section.
(d) Adherence to approved plans and specifications.-Upon receipt of a sworn complaint
of a substantial violation of either � 21-89.6 or � 21-89.8 from the designated enforcement
officer, the chief administrative officer of (i) the Board, or (d) the county, city or town
operating its own erosion and sediment control program, or (iii) a district which is
responsible for monitoring and inspecting for compliance may, in conjunction with or
subsequent to a notice to comply as specified in subsections (a) or (b) above, issue an
order requiring that all or part of the land disturbing activities permitted on the site he
stopped until the specified corrective measures have been taken.. Where the alleged
noncompliance is causing or is in imminent danger of causing harmful erosion of lands or
sediment deposition in waters within the watersheds of the Commonwealth, such an order

Ad,-dend=: Part B, p. 47

may be issued without regard to whether the permittee has been issued a notice to
comply as specified in subsections (a) and (b) above. Otherwise, such an order may be
issued only after the permittee has failed to comply with such a notice to comply. The
order shall be served in the same manner as a notice to comply, and shall remain in
effect for a period of seven days from the date of service pending appi'ication by the
enforcing authority or permit holder for appropriate relief to the circuit court of the
jurisdiction wherein the violation was alleged to have occurred. Upon completion of
corrective action, the order shall immediately be lifted. Nothing in this section shall
prevent the chief administrative officer from taking any other action specified in �
21-89.11.

1986 SESSION
VIRGINIA ACTS OF ASSEMBLY - CHAPTER 329

An Act to amend the Code of Virginia by adding sections numbered 15.1-317.1 and
15.1-1239. ],'relating to the capability of certain sewage treatment plants.

IS 2691

Approved A.:)R 1

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding sections numbered 15.1-317.1 and
15.1-1239.1 as follows:
� 15.1-317.1. Sewage treatment plants to include certain capability- Whenever a local
governing body of a county, city or town or a combination of local governing bodies of
counties, cities or towns is using the authority of this chapter 'to construct a new sewage
treatment plant, the facility shall be designed and consiructed so that it has the capability
to treat the septage from all onsite sewage disposal systems, which are not adequately
served by another approved disposal site, located in 'the area of the county, city or town
or combination thereof to be served by such plant.
� 15.1-1239.1. Sewage treatment plants to include certain capability.-Whenever an
authority created pursuant to this chapter is constructing a new sewage treatment plant,
the facility shall be designed and constructed so that it has the capability to treat the
septage from all onsite sewage disposal systems, which are not served by another
approved disposal site, located within the area of the political subdivision or political
subdivisions which created the authority to be served by such plant.
1986 SESSION
VIRGINIA ACTS OF ASSEMBLY CHAPTER 145

An Act to iamend a;d reenact � 62.1-193 of the Code of Virginia. relating to dredging sand
and grd-4*1; exemptions.

IS 3151

Approved MAR 3 0 1986

Be it enacted by the General Assembly of Virginia:
1. That � 62.1-493 of the Code of Virginia is amended and reenacted as follows:
� 62.1-193. Exemptions from chapter.-The prohibitions of this chapter shall not apply to
any owner of any fastland, bluff, beach or bed of stream, upon or in front of which such

Addendum: Part B, p.48

deposits may lie, nor to any person or corporation acting under written permission from, or
contract with such owner

None of the provisions of this chapter shall be deemed to interfere in any manner with
the provisions of any law of this State Commonwealth relating to taking fish and oysters.

1986 SESSION
VIRGINIA ACTS OF ASSEMBLY - CHAPTER 488

An Act to amend and reenact �� 2.1-512.1 and 62.1-4 of the Code of Virginia, relating to
the State Minerals Management Plan.

[S 316]

Approved APR 7 1986
Be it enacted by the General Assembly of Virginia:
1. That �� 2.1-512.1 and 62.1-4 of the Code of Virginia are amended and reenacted as
follows:
� 2.1-512.1. Exploration for and extraction of minerals on state-owned uplands.-A. Upon
receiving the recommendation of both the Director of the Department of General Services
and the Director of the Department of Mines, Minerals and Energy, the Governor shall
determine whether the proposed. mineral exploration, leasing, or extraction of minerals on
state-owned uplands is. in the public interest. No state -owned uplands shall be
approved for mineral exploration, leasing, or extraction without a public hearing in the
locality where the affected land or the greater portion thereof is located and a competitive
bid or proposal process as described in the Plan. The provisions of this section shall not
apply to the extraction of minerals on state-owned lands uplands pursuant to an oil or gas
pooling order unless the well through which the extraction will occur is situated on
such land.
For the purposes of this section, "State-Owned uplands" shall mean lands owned by the
Commonwealth (i) which lie landward of the mean low water mark in tidal areas or (ii)
which have an elevation above the average surface water level in nontidal areas.
B. The agencies, departments, or institutions proposing or receiving applications for
mineral exploration, leasing or extraction on state-owned uplands shall, through their
boards or commissions, recommend as specified in � 2.1-512 B all such activities to the
Department of General Services, Division of Engineering and Buildings, following guidelines
set forth in the State Minerals Management Plan. The Division of Engineering and
Buildings and the Department of Mines, Minerals and Energy shall review and recommend
to the Governor such proposed activities. Such agencies, departments or institutions, through
their boards or commissions, may execute such leases or contracts which have been
approved by the Governor.
C. The Department of Mines, Minerals and Energy, in cooperation with the Department
of General Services, Division of Engineering and Buildings, shall develop, with the
assistance of affected state agencies, departments, and institutions, a State Minerals
Management Plan. The Plan shall include provisions for the holding of public hearings and

Adde-nd=: Part- B, p. 4 9

the public advertising for competitive bids or proposals for mineral exploration, leasing,
and extraction activities on state-owned uplands . Sales of mineral exploration permits and
lea-Res for these. lands shall be administered by the Department of General Services,
Division of Engineering and Buildings, with the advice of the Department of Mines,
Minerals and Energy.
D. The proceeds from all such sales or leases above the costs of such sale to the
Department of Mines, Minerals and Energy or to the agency, department or institution
sponsoring this sale shall be paid into the general fund of the state treasury, so long as the
sales or leases pertain to general fund agencies or the property involved was originally,
acquired through the general fund. Net proceeds from sales or leases of special-fund
agency properties or property acquired through a gift shall be retained by such agency or
institution or used in accordance with the original terms of the gift if so stated.
E. Mining, leasing, and extraction activities in state-owned submerged lands shall be
authorized and administered by the Virginia Marine Resources Commission pursuant to ��
62.1-3 through 62.1-4 of the Code of Virginia.
� 62.1-4. Granting easements in, and leasing of, the beds of certain waters.-The Marine
Resources Commission, with the approval of the Attorney General and the Governor, may
grant easements In, and may lease, the beds of the waters of the State commonwealth ,
without the Baylor Survey. Every such easement or lease may be for a period not
exceeding five years, may include the right to renew the same for an additional period not
exceeding. five years each and shall specify the rent royalties and such other terms
deemed expedient and proper. Such easements and leases may, in addition to any other
rights, authorize the grantees and lessees to prospect for and take from the bottoms
covered thereby, oil, gas, and such 'other minerals and mineral substances *as are therein
specified; provided, that no such easement-or lease shall in any way affect or interfere
with 'the rights vouchsafed to the people of the State Commonwealth concerning fishing,
fowling, and the catching and taking of oysters and other shellfish, in and from the
bottoms so leased, and the waters covering. the same. All easements granted and leases
made under the authority granted by this section, shall be executed in the name and for
and on behalf of the State Commonwealth , by the Attorney General, and shall be
countersigned by the Governor. All rents or royalties collected from such easements or
leases shall be paid into the state treasury to the credit of the Special Public Oyster Rock
Replenishment Fund for the purposes of such fund. Expenditures and disbursements of all
sums from such fund shall be made as provided in � 62.1-3. The Commissioner of Marine
Resources and the Attorney General shall make reports to the General Assembly of all
such easements granted or leases so made, such reports to be made on or before the 4FSt
day of December i preceding the convening of each regular session thereof.
The Commission shall, in cooperation with the Division of Mineral Resources of the
Department of Mines, Minerals and Energy and with the assistance of affected state
agencies, departments and institutions, develop a State Subaqueous Minerals Management
Plan which shall supplement the State Minerals Management Plan set forth in � 2.1-512.1
of the Code of Virginia.
The Subaqueous Minerals Management Plan shall include provisions for the holding of
public hearings and public advertising for competitive bids or proposals for mineral leasing
and extraction activities. The Marine Resources Commission shall promulgate any
regulations it deems necessary to develop the Subaqueous Minerals Management Plan.

Addendum: Part B, p. 50

1986 SESSION
VIRGINIA ACTS OF ASSEMBLY - CHAPTER 8q1

An Act to amend and reenact �� 2.1-20.4, 32.1-164.1:1, 32.1-164.4, 32.1-166.4, 32.1-166.6 and
62.1-199 of the Code of Virginia and amend the Code of Virginia by adding a section
numbered 32.1-163.1, relating to sewage handling and disposal.

[S 336]

Approved APR 1 1986

� 32.1-163.1. Personal liability of sanitarians defined.-A sanitarian while acting within
the scope of his employment in approving or denying applications for permits for onsite
sewage disposal systems shall be subject to personal liability only for his gross negligence
or intentional misconduct.
� 32.1-164.1:1. Validity of certain septic tank permits.-Any septic tank permit issued
shall be deemed valid for a period Of fifty-
four months from the date of issuance
unless there has been a substantial, intervening change in the soil or site conditions where
the septic system is to be located.

� 32.1-164.4. Land disposal of septage in counties.-The land disposal of lime-stabilized
Septage and unstabilized septage shall be prohibited. However, until July 1, 1991, land
spreading of lime-stabilized septage and shallow injection of unstabilized septage shall be
allowed in counties, if

prior approval is obtained from the board of supervisors and

a permit has been obtained from the state department of health
pursuant to � 32.1-164.3 in accordance with the Board of Health Regulations on Sewage
Handling and Disposal .
� 32.1-166.4. Meetings.-The Review Board shall meet

eight times per year to
hear appeals of denials of applications for onsite sewage disposal systems .
Any appeal shall be filed thirty days phor to a meeting in order to be placed on the
docket. The Review Board shall provide its decision in writing within fifteen days of the
date of the hearing to the person making the appeal, his representative and the
Department of Health.

� 32.1-166.6. Review Board to hear appeals.-The Review Board shall
hear all administrative appeals of denials of onsite sewage disposal
system permits and render its decision on any such appeal, which decision shall be the
final administrative decision . Proceedings of the Review
Board and appeals of its decisions shall be governed by the provisions of Chapter 1.1:1 (�
9-6.14:1 et seq.) of Title 9 of the Code of Virginia.
In addition to the authority to render a final administrative decision, the Review
Board. in its discretion, may develop recommendations for alternative solutions to the
conditions resulting in denial of the permit and remand the case to the Department of
Health for reconsideration.
� 62.1-199. Definitions.:-As used in this chapter, unless a different meaning clearly
appears from the context:
"Authority" means the Virginia Resources Authority created by this chapter.
"Board of Directors" means the Board of Directors of the Authority.

"Bonds" mean-q any bonds, notes, debentures, interl-nn cer-Lificates, bond, grant, or
revenue anticipation notes, lease and sale-leaseback transactions or any other evidences of
indebtedness of the Authority.
"Capital Reserve Fund" means the reserve fund created and established bv the
Authority in accordance with � 62.11-215.
"Cost," as applied to any project financed under the provisions of this chapter, means
the total of all costs incurred by the local government as reasonable and necessary for
carrying out all works and undertakings necessary or incident to the accomplishment of
any project. It includes, without limitation, all necessary developmental, planning and
feasibility studies, surveys, plans and specifications, architectural, engineering, financial,
legal or other special services, the cost of acquisition of land and any buildings and
improvements thereon, including the discharge of any obligations of the sellers of such
land, buildings or improvements, site preparation and development, including demol,ition or
removal of existing structures, construction and reconstruction, labor, materials, machinery
and equipment, the reasonable costs of financing incurred by the local government in the
course of the development of the project, carrying charges incurred before placing the
project in service, interest on local obligations issued to finance the project to a date
subsequent to the estimated date the project is to be placed in service, necessary expenses
incurred in connection with placing the project in service, the funding of accounts and
reserves which the Authority may require and the cost of other items which the Authority
determines to be reasonable and necessary.
"Local government" means any county, city, town, municipal corporation, authority,
district commission or political subdivision created by the General Assembly or pursuant to
the Constitution and laws of the Commonwealth or any combination of any two or more of
the foregoing.
"Local obligations" means any bonds, notes, debentures, interim certificates, bond, grant
or revenue anticipation notes, leases or any other evidences of indebtedness of a local
government.
"Minimuin capital reserve fund requirement" means, as of any particular date of
computation, the amount of money designated as the minimum capital reserve fund
requirement which may be established in the resolution of the authority authorizing the
issuance of, or the trust indenture securing, any outstanding issue of bonds.
"Project" means any water supply or wastewater treatment facility including a facility
for receiving and stabilizing @eptage or a soil drainage management fiac@lity located or to
be located in the Commonwealth by any local government. The term includes, without
limitation, water supply and intake facilities; water treatment and filtraiion facilities; water
storage facilities; water distribution facilities; sewage and wastewater (including surface and
groundwater) collection, treatment and disposal facilities; drainage facilities and projects;
related office, administrative, storage, maintenance and laboratory facilities; and interests in
land related thereto.

1986 SESSION
VIRGINIA ACTS OF ASSEMBLY - CHAPTER 4 9 2

An Act to amend and reenact �� 2.1-1.1. 2.1-1.3, 2.1-1.6, 2.1-1-7. 2.1-20.4. 2.1-51.7 through
2.1-51.9, 2.1-64.33 and 59.1-271 of the Code of Virginia; to amend the Code of Virginia
by adding in Title 2.1 a chapter numbered 5.9, consisting of sections numbered
2.1-5J.38 through 2.1-51-40; by adding in Article I of Chapter 32 of Title 2.1 a section
numbered 2.1-425.2; by adding in Title 10 a chapter numbered 24. consisting of section"
numbered 10-263 through 10-312, and to repeal Chapter 22 of Title 9. consisting of ��
-4-144 and 9-145, Chapter 17.1 of Title 10, consisting of �� 10-186.1 through 10-186.21,
Article 3.1 of Chapter 7 of Title 18-2. consisting of �� 18.2-278.2 through 18.2-278.7, and
Article 3 of Chapter 6 of Title 32. 1. consisting of �� 32.1-177 through 32.1-186 and to

Addan6u-,: ?a--t B, n-. 32

repeat Article 8.1 of. Chapter 6 of Title 32.1 consisting of �� 32.1-238.1 through
32.1-238.5 of the Code of. Virginia, the amended, added and repealed sections all
generally concerned with the establishment of a Department Waste Management, the
establishment of a Secretary of'Econornic Development and a Secretary of Natural
Resources; and the organization of agencies under their supervision; penalties.

[S 3541

Approved APR 7 1986

CHAPTER 5. 1.
SECRETARY OF GQMM9R(;& AbIrl NATuRAL RESOURCES.
� 2.1-51.7. Position established; appointment term; oath.-The position of Secretary of
Gemmefee aa4 Natural Resources is hereby created.
The Secretary shall be appointed by the Governor, subject to confirmation by the
General Assembly if in session when the appointment is made, and if not in session then at
its next succeeding session. The Secretary shall hold office at the pleasure of the Governor
for a term coincident with that of the Governor making the appointment or until a
successor shall be appointed and qualified. Before entering upon the discharge of duties,
the Secretary shall take an oath to faithfully execute the duties of the office.
. � 2.1-51.8:1. Subject to supcrvision by Governor, powers and duties.-A. The Secretary (if
QmmeiFee a" Natural Resources shall be subject to direction and supervision by the
Governor. The agencies assigned to'the Secretary shall:
1. Exercise their respective powers and duties in accoAance with the general policy
established by the Governor or by the Secretary acting on behalf of the Governor-,
2. Provide such assisUnce to the Governor or the Secretary as may be required, and
3. Forward all 'reports to the Governor through the Secretary.
B. Unless the Governor expressly reserves such power to himself, the Secretary is
empowered to:
1. Resolve administrative, jurisdictional, operational, program, or policy conflicts
between agencies or officials assigned;
2. Direct the formulation of a comprehensive program budget for the functional area
identified in � 2.1-398 encompassing the services of agencies assigned for consideration by
the Governor-,
3. Hold agency heads accountable for their administrative, fiscal and program actions in
the conduct of the respective powers and duties of the agencies;
4. Direct the development of goals, objectives, policies and plans that are necessary to
the effective and efficient operation of government;
5. Sign documents on behalf of the Governor which originate with agencies assigned to
the Secretary; and
6. Employ such personnel and to contract for such consulting services as may be
required to perform the powers and duties conferred upon the Secretary by statute or
executive order.
� 2.1-51.8:2. Duty to monitor and report on water and resources of Chesapeake Bay and
Its tributaries.-The Secretary of Ceinmeree a" Natural Resources shall cooperate with
appropriate state and federal agencies in the development and implementation of a
comprehensive program to monitor the quality of the waters and the living resources of
the Chesapeake Bay and its tributaries The Secretary shall report biennially in
even-numbered years to the General Assembly on the results of this monitoring program
and the status of the resources of the Chesapeake Bay and its tributaries

Addendun: part B, p. 53

� 2.1-51.9. Agencies for which Secretary of Natural Resources responsible.-The Secretary
shall be responsible to the Governor for the following agencies:
Department of Conservation and Historic Resources,

Marine Resources Commission, State Water Control Board, State Air Pollution
Control Board, Commission of Game and Inland Fisheries,
Chippokes Plantation Farm
Foundation, Council on the Environment,
and the Department of Waste Management

The Governor may, by executive order, assign any state executive agency to the
Secretary of Natural Resources, or reassign any agency listed above to
another secretary.
CHAPTER 5.9.

SECRETARY OF ECONOMIC DEVELOPMENT.
� 2.1-51.38. Position established; appointment; term; oath.-The position of Secretary of
Economic Development is hereby created. The Secretary shall be appointed by the
Governor, subject to confirmation by the General Assembly if in session when the
appointment is made, and if not in sessions, then at its next succeeding session. The
Secretary shall hold office at the pleasure of the Governor for a term coincident with that
of the Governor making the appointment or until a successor shall be appointed and
qualified. Before entering upon the discharge of duties the Secretary shall take an oath to
faithfully execute the duties of the office.
� 2.1-51.39. Subject to supervision by Governor; powers and duties.-A. The Secretary of
Economic Development shall be subject to direction and supervision by the Governor.. The
agencies assigned to the Secretary shall:
1. Exercise their respective powers and duties in accordance with the general policy
established by the Governor or by the Secretary acting on behalf of the Governor.-
2. Provide such assistance to the Governor or the Secretary as may be required; and
3. Forward all reports to the Governor through the Secretary.
B. Unless the Governor expressly reserves such power to himself, the, Secretary is
empowered to:
1. Resolve, administrative. jurisdictional, operational, program, or policy conflicts
between agencies or officials assigned.
2. Direct the formulation of a comprehensive program budget for the functional area
identified in � 2.1-398 encompassing the services of agencies assigned for consideration by
the Governor;
3. Hold agency heads accountable for their administrative, fiscal and program actions
in the conduct of the respective powers and duties of the agencies;
4. Direct the development of goals, objectives, policies and plans that are necessary for
the effective and efficient operation of government;
5. Sign documents on behalf of the Governor which originate with agencies assigned to
the Secretary; and
6. Employ such personnel and contract for such consulting services as may be required
to perform the powers and duties conferred upon the Secretary by statute or executive
order.
� 2.1-5.1.40. Agencies for which Secretary of Economic Development responsible.-The
Secretary shall be responsible to the Governor for the following agencies. Department of
Forestry, Department of Economic Development, Department of Labor and Industry,
Department of Mines, Minerals and Energy, Virginia Employment Commission, Department
of Commerce, Milk Commission, Department of Agriculture and Consumer Services.
Department of Housing and Community Development, Department of Minority Business
Enterprise, Virginia Agricultural Council and Virginia Marine Products Board.
The Governor, by executive order, may assign any state executive agency to the
Secretary of Economic Development, or reassign any agency listed in this section to
another secretary.

Addend=: Part B, p. D4

1986 SESSION
VIRGINIA ACTS OF ASSEMBLY CHAPTEPU Zj2

An Act to amend and reenact �� 10-218 and 10-220 of the Code of Virginia, relating to the
Board on Conservation and Development of Public Beaches and the erosion abatement
fund.

1H 1641

Approved.MAR 3 0

Be it enacted by the General Assembly of Virginia:
1. That �� 10-218 and 10-220 of the Code of Virginia are amended and reenacted as
follows:
� 1-0-218. Commission continued as Board; duties; meetings; compensation; allocation of
funds.-A. The Commission on Conservation . and Development of Public Beaches is
continued and shall hereafter be known as the Board on Conservation and Development of
Public Beaches. The Board shall: (I) review the financial needs of localities for
implementation of the Public Beach Conservation and Development Act Q 10-215 et seq.);
00 determine successful applicants aPA ; (iii) determine the equitable allocation of funds
among participating localities except for allocations provided for in the current general
appropriations act ; and 04 (iv) oversee local implementation of approved projects.
B. The Board shall be composed of eight members as follows: One member ex officio
shall be selected from each Department or Commission by the Directors of the Virginia
Marine Resources Commission, and the Department of Conservation and Historic Resources
and six members-at-large shall ber appointed by the Governor subject to confirmation by the
General Agsembly. Members-at-large shall be appointed for terms of four years.
Members-at-large are ineligible for reappointment after two terms until four years have
elapsed since their last appointment. All terms shall begin July 1, and appointments to fill
vacancies occurring shall be for the unexpired term. A chairman shall be selected from
among the members-at-large.
C. The Board shall meet once prior to the beginning of each fiscal year to receive
applications for grants from localities and to determine the allocation of such grants, and
as often throughout the year as necessary.
D. Board members shall be compensated at the rate and manner provided by � 14.1-18
of this Code.
E. The Department of Conservation and Historic Resources shall provide staff assistance
from time to time If required and shall maintain such financial records of activities as are
necessary.
'-�- 10-220. Establishment of fund; unexpended money@-A. A fund shall be established to
provide grants to local governments covering up to one-half of the costs of erosion
abatement measures designed to conserve, protect, improve, maintain and develop public
beaches. No grants to any locality shall exceed thirty percent of the money appropriated to
such fund for the biennium unless otherwise provided for in the current general
appropriations act . Money appropriated from such fund shall be matched equally by local
funds. Federal funds shall not be used by localities to match money given. from such fund.
Localities may, however, combine state and local funds to match equally federal funds for
purposes of securing federal grants.
B. Money which remains unexpended from such fund at the end of the biennium for
which it was appropriated shall be retained and shall become a Special Emergency
Assistance Fund to be used at the discretion of the Governor for the emergency
conservation and development of public beaches damaged or destroyed by an unusually
severe storm, hurricane or other natural disaster.

Addendum: Part B, p.55

1986 SESSION
VIRGINIA ACTS OF ASSEMBLY - CHAPTER 168

An Act to amend and reenact � 28.1-108 of the Code of Virginia, relating to assignment of
oyster grounds to riparian owners; penalty.

[H 3671]

Approved MAR 30 1989

Be it enacted by the General Assembly of Virginia:
1. That � 28.1-108 of the Code of Virginia is amended and reenacted as follows:
� 28.1-108. Assignments of planting grounds to riparian owners.-A. Any owner of land
bordering on a body of water in the oyster-growing area of this Commonwealth whose
shore front measures at least 205' feet at the low-water mark, who has not had as much
as one-half acre of ground already assigned him on the front, or whose lease has
terminated and is not to be renewed, may apply for planting grounds to
the Commission. The Commission shall assign to him such ground wherever the owner may
designate in front of his land that is within his riparian waters, provided the ground does
not encroach into an existing oyster-planting ground lease assigned. under � 28.1-109. Such
ground shall not exceed in area one-half acre, and shall not be less
than 105 feet wide along the shore , beginning at low-water mark, extending out not
more than 210' feet , or to the middle of the body of water, or to the middle of the
channel, whichever is the shorter distance. The grounds shall be surveyed, plotted, marked,
assigned and recorded in all respects as provided for assignments to persons in � 28.1-109
of the Code of Virginia. Any riparian assignment that was duly recorded in the clerk's
office of the county or city wherein the grounds are located, or at the Commission office
prior to July 1, 1986 , shall continue in effect.
B. The riparian leaseholder shall have the exclusive right to the use thereof for the
purpose of planting or gathering oysters or clams.
C. The assignment made pursuant to this section shall pass with the transfer of the
adjacent highland to the subsequent owner of highland and cannot be held separated from
the highland. A transfer of highland ownership shall require that there be a transfer of the
riparian assignment within eighteen months after the transfer of the highland ownership
under the following conditions and provisions:
1. The application for transfer shall be in the form prescribed by the Commission, and
shall be filed with the Commission.
2. The Commission or its chief engineer shall require a new survey if there is not a
survey of the exact parcel or parcels of grounds to be transferred.
3. The cost of any new surveys required under this section shall be borne by the
person making the transfer, and the cost and fees shall be the same as for surveys made
by the Commission.
4. The application shall be accompanied by a transfer fee of five dollars.
5. The engineering office of the Commission shall return the approved application for
transfer and plat with any correction to the applicant. A copy of the transfer and plat shall
be recorded at the office of the Commission.
6. [Repealed.]
7. Should no application for transfer be received by the Commission within eighteen
months after the transfer of the highland ownership, the riparian assignment shall become
vacant and open to assignment.
D.

Addendum: Part B, p.56

This section shall Off affd aftff Pa4y 4-; 1942,; be applieable i* applies to all counties and
cities of the Commonwealth bordering on bodies of water, in its oyster-growing areas,
except it shall not be applicable-to riparian lands located above the James River Bridge in
the James River or its tributaries. In any county or city in this Commonwealth where more
than one-half acre of ground per waterfront tract has heretofore been. assigned to a
riparian owner, a#ff J4y 4-, "64; the ground in excess of one-half acre shall be deemed
to be ground under a regular lease and assignment, and not a riparian assignment.
This section, so far as the quantity of land to be assigned to and held by riparian
owners is concerned, shall not apply to Northampton County, but � 6 of Chapter 254 of the
Acts of Assembly of 1883 and 1884 shall continue in force as to the county. Nothing herein
contained shall be construed as authorizing a rental of a lesser amount per acre than that
provided by law for riparian owners in Northampton County of the land assigned them as
such riparian* owners. Nothing in the section which restores to riparian owners in
Northampton County one-fourth of their respective waterfronts, suitable for planting oysters,
shall be so construed as to permit the owners of waterfronts to compel occupants of the
fronts to remove their oysters from any fourth of the shores, if the residue of the shore is
already in the landowner's possession, or is unoccupied
Nothing in this section shall be construed to prevent the erection by riparian
landowners of wharves, landings or other structures as otherwise permitted by law.

1986 SESSION.
VIRGINIA ACTS OF ASSEMBLY CHAPTER 1 71

An Act to amend a@zd reenact �� 28.1-109 and 28.1-134 of the Code of Virginia, relating to
the marking of oyster-planting grounds.

1H 3971

Approved M AR 3 0. 1.436

Be it enacted by the General Assembly of Virginia:
1. That �� 28.1-109 and 28.1-134 of the Code of Virginia are amended and reenacted as
follows:
� 28.1-109. General oyster-planting grounds.-(I) Grounds comprising. - The residue of
waterfront in excess of what is already assigned or reserved for the riparian owners, and
the residue of the beds of the bays, rivers, creeks and shores of the sea other than those
within the limits of navigation projects adopted and authorized by the Congress and those
required for the disposal of materials dredged incident to the maintenance of such projects,
and other than natural oyster beds, rocks or shoals, as defined by law and included in the
Baylor survey, may be occupied for the purpose of planting or propagating oysters thereon,
and may be leased by the Commission upon proper application - therefor.
(2) Eligible applicants; provisions of section incorporated in lease. - Application for
assignment of oyster-planting ground may be made by any resident of the Commonwealth,
or any county, municipality, or political subdivision of the Commonwealth, or by any firm,
or corporation chartered under the laws of this Commonwealth for the purpose of oyster
culture and the oyster business provided. that at least sixty percent of the stock of any such
corporation must be wholly owned by residents of the Commonwealth of Virginia.
(3) Application for assignment. - All applications for assignment of oyster-planting
grounds shall be made in writing,. in duplicate, to the Marine Resources Commission.
Applications shall be given priority in the same order in which they are received, except
that no application for any ground then under lease shall be considered valid for that
portion under lease. The application shall state, as nearly as possible, the number of acres
applied for and definite location, with the name of one or more prominent points or
objects adjacent to such ground. It shall be the duty of any resident, firm or corporation

ALde_T,,dn: Part_ B, p.57

desiring to obtain a location for planting or propagating oysters to apply to have the
location ascertained, designated, surveyed and assigned.
(4) Posting of notice of applications. - Notice of the application shall be posted by the
Commission for not less than sixty days at the courthouse of the county or city in which
the ground applied for lies, and in at least two or more prominent places in the vicinity of
the ground and shall in addition, be published at least 'once a week for four consecutive
weeks in a newspaper of general circulation in that county or city.
(5) (Repealed.]
(6) Survey and marking of ground. - If a protest is not filed in the Commission office
within sixty days after posting of the notice of application, the chief engineer of the
Marine Resources Commission shall designate a surveyor to survey the grounds and make
a plat in duplicate of the same. The surveyor shall forward the plat of survey to the office
of the Marine Resources Commission to be approved by the engineer of the Commission. If
no protest to the application or surveying of ground is made before the expiration of thirty
days after the plat of survey is recorded in the office of the Marine Resources
Commission, the ground applied for shall be assigned provided:
(a) That the application and assignment complies with all applicable provisions of law
and if in the judgment of the Commission it shall be wise to do so.
(b) All fees, costs, and the annual rental have been paid for the lease of the ground.
The ground shall be marked at the expense of the applicant ; at the time the suFvey is
made, a" 9A the dir-eetion of the suFyeyOF, wM suitable stakes e* othef sueh faaFkeFs, as
inay be permitted and appr-eved by the Commission-, afA these suitable stakes (W ma;Fker-s
shall be kept by the less@@ in their- pr-epe plaees at a4l times dur-in the eentinuanee 64
the lease, so w to eefifOR" a66ffately to t1he suFyey. Should sueh stakes of other- FaaFker-s
be r-emeved, kneeked down, of be eai:Aed away, the lessee shall r-eplaee thefa in thc4
pr-epe plaees; and 4 he fa4s t49 do so within th4ty days afte being notified, the lessee
sheR have no eiaim against any peFsen 1OF tFespassing off the gr-eund in any manaeF .
(c) The Commission shall prescribe the methods and manner of marking oyster-planting
ground. No lessee of oyster planting ground shall mark such grounds otherwise than in
accordance with the rules and regulations estahlished by the Commission.

(7) Application, surveying fee and recording fee. - Any applicant for oyster-planting
ground or for riparian oyster ground shall pay an application fee of twenty-five dollars 'and
in addition shall pay to the Commission for any surveying done by the Commission an
amount equal to the cost of the survey and of preparing the original and one copy of a
plat thereof. Before an assignment or transfer, the applicant shall pay the cost of recording
each assignment or transfer and plat in the Commission office. No ground shall be assigned
until all the fees prescribed herein have been paid.
(8) Restrictions on assigned acreage and applications. -. No assignment, except in
Chesapeake Bay, shall exceed 250 acres. No applicant, after having had as much as 250
acres of oyster ground assigned to him, shall again make application for another
assignment of oyster grounds within G six months from the day his assignment was
recorded and completed as the statutes hereinafter provide. If an assignment is not made
within six months after the expiration of the notice required by statute to be posted for
sixty days, the application shall, upon the expiration of six months, lapse and become null
and void, -unless an extension is allowed by the Commission. In cases where a protest has
been filed with the Commission against the granting of an application, the application shall
not lapse until the Commission has finally acted upon the application.
(9) Restriction on acreage owned or operated. - No person, firm or 'corporation shall
own or operate more than 3,000 acres of oyster grounds in the waters of' this
Commonwealth other than the Chesapeake Bay; and should ground in excess of 3,000 acres
be acquired by original assignment to the assignee, or be assigned to him or them by a
lawful holder of such oyster ground, or as heir or distributee, or by devise or bequest, he
or they shall, nevertheless, have a right to lawfully hold the ground for and during the
period of 1 one year and shall have. a legal right to assign it. Should no assignment be
made within 4- one year the oyster-planting ground so acquired, in excess of 3,000 acres,
shall revert to the Commonwealth of Virginia, and may be applied- for by any person
havinR a legal right to do so.

Addend,=: Pa= B, P. 58

(10) Application for planting ground in Chesapeake Bay; acreage allowed; annual rental.
Application for planting ground in the Chesapeake Bay in waters from fifteen feet or
more in depth shall be made to the Marine Resources Commission. The Commission shall
have the right to accept or reject any application as it may deem best for the public
interests; and the number of acres to be assigned to any applicant shall not exceed 5,000
acres. The assignment shall not interfere with the established fishing rights and any such
application, surveying, and marking shall conform to the law pertaining to oyster-planting
grounds. The annual rental per acre in the Chesapeake Bay, in waters from fifteen feet or
more in depth, shall be such an amount per acre as the Commission may designate, but in
no case shall be less than seventy-five cenff annually per acre.
(11) Payment of annual rental; penalty for default. - The applicant shall pay to the
Commission the.annual rental for such ground at the rate of one dollar fifty cents per acre
or any fraction thereof, annually, except as provided for the Chesapeake Bay, and for
bathing ground. Such rental shall be due on September I of each year after the date of
assignment, and, if not paid on or before December 5, a ten percent penalty shall be
added to the annual rental charge, and the Commission may proceed to levy for rental and
penalty.
(12) Duration of lease. - Each assignment shall continue in force for a period of twenty
years from the date of assignment, unless the assignment is terminated in one of the
manners provided by law. New or initial assignments made after July 1, 1980, shall
continue in force for a term of ten years. The interest in such ground shall be construed
as a chattel real.
Upon the death of the renter, testate as to the lease, it shall vest in the named
beneficiary subject to the rights of creditors, if he is a resident of this Commonwealth,
provided that he files an application for transfer with the Commission within eighteen
months after the date of death. If the named beneficiary is not a resident he shall have
eighteen months after the date of death to transfer the lease to a qualified holder.
Upon the death of the renter, intestate as to the lease, the lease shall be vested in the
personal representative, if there is one, who shall transfer the lease to a qualified holder
within eighteen months.
If there is no qualification on the- renter's estate within one year of his death, the
Commission may within six months thereafter transfer the lease to a qualified holder upon
receipt of a transfer duly executed by all of the lawful heirs of the renter both resident
and nonresident.
If there is no transfer,under any of the above, the ground shall become vacant and
open to assignment.
Upon expiration of the initial or any subsequent term of the assignment, the
Commission shall, on application of the holder, renew the assignment for an additional
term of ten years. The Commission shall not renew or extend an assignment where there
has been neither significant production of shellfish nor reasonable plantings of shellfish or
cultch during any portion of the ten-year period immediately prior to the application for
renewal, unless the Commission finds that there was good cause for the failure to produce
or plant shellfish or cultch'or finds that the assignment is directly related to and beneficial
to the production of oyster-planting grounds immediately adjacent to the assignment.
(12a) (Repealed.]
(12b) Requiring lessee or transferor to have ground surveyed and plat recorded;
canceling lease for failure of lessee to have survey. - If the chief engineer and the
Commission should determine that in any past assignment of oyster ground or when there
is any attempt to transfer oyster ground, that there has not been a survey, a recorded plat,
or both, acceptable to the Commission and which, in their opinion, does not accurately
describe the metes and bounds of the leased ground, the Commission shall require the
lessee, the transferor, or both, to have the ground surveyed and the plat recorded.
If the lessee fails to order the survey or resurvey within six months after date of
notification to the lessee or transferor, by certified mail, the Commission shall cancel the
lease on its books and may accept applications therefor from the general public.
(12c) Payment of costs for service, etc., required under paragraph (12b). - The cost of
the surveys and recording fees required under paragraph (12b) hereof shall be borne by
the lessee or transferor and the cost and fees shall be the same as for surveys made by
the Commission.

Addendun: Part B, 'p.59

(13) Possession gives no preference as to assignment. - Any person, firm or corporation
in possession of any oyster-planting ground which has not been assigned according to law
shall have no preference as to having it assigned to him, but the ground shall be open to
the first applicant.
(14) Recordation of plat. - The plat and assignment, as soon as practicable after
completion, and after the ground has been assigned to the applicant, shall be filed for
record in the office of the Marine Resources Commission.
(15) Commonwealth guarantees rights of renter subject to right of fishing. - To any
person, after having complied with all requirements, as set forth in the statutes necessary
to have ground assigned to him, the Commonwealth will guarantee the absolute right to the
renter to continue to use and occupy the ground for the term of the lease, subject to: (a)
subsection (12) of this section; (b) riparian rights; (c) the right of fishing in waters above
the bottoms, provided'(i) that no person exercising the right of fishing shall use any device
which is fixed to the bottom, or which, in any way, interferes with the renter's rights or
damages the bottoms, or the oysters planted thereon, and (ii) that crab pots and gill nets
which are not staked to the bottom shall not be construed as devices which are fixed to
the bottom unless the crab pots and gill nets are used over planted oyster beds in waters
of less than four feet at mean low water on the seaside of Northampton and Accomack
Counties; and (d) established fishing stands, but only if the fishing stand license fee is
timely received from the existing licensee of, the fishing stand and no new applicant shall
have priority over the oyster lease. However, a fishing stand location, assigned prior to the
lease of the oyster ground, is to be considered a vested interest, a chattel real, and is an
inheritable right which may be transferred or assigned whenever the current licensee
complies with all existing laws.
(16) When leases become. vacant. - In any case where the Commission finds that the
person in whose name the lease was made, is dead, or unknown, and there is no one
actually claiming such property as an heir or assignee of the former lessee, the ground
shall become vacant and open to assignment.
(17) Delinquent ground. @. Any ground or area which becomes delinquent shall be open
and available to be leased, after the following conditions have been complied with:
(a) The Commission. must have notified the person in writing on or about September I
of that year of the amount of rent due. If the rent becomes delinquent, a second notice
must be mailed by certified,mail on or about June 1 of the following year.
(b) If the person holding the lease does not pay all rents and penalties due on or
before June 30 of the following year the assignment shall terminate.
(c) [Repealed.]
(18) Effect of proposal for navigation. project. From and after the date on which the
Commissioner of Marine Resources receives information to the effect that with regard to a
specified navigation improvement project, the Secretary of the Army has been authorized
by congressional action to cause a survey to be made on any such project, the
Commissioner shall obtain the consent and approval of the Governor before leasing any
public oyster-planting grounds which may be required for dredging operations or spoil
disposal areas in connection with the project. If after the completion of the survey and a
submission of the District Engineers' report thereon to the Chief of Engineers, United
States Army, the proposed navigation improvement project is not authorized, the affected
ground will again become available for -lease and assignment.
Nothing in the above shall prohibit the renewal of any lease already in existence at the
time the Commissioner receives information as to the authorization of a survey, as set out
above.
(19i Consolidation of lease. - Upon written request by a leaseholder the Commission
may consolidate into one lease contiguous leases held by the same leaseholder. The
consolidation, upon approval by the Commission, shall be considered a new lease.
� 28.1-134. Dredging or scraping on private ground@-(I) When and by whom dredging
allowed; permit required. - It shall be lawful for any resident of th4s Rato the
Commonwealth holding under legal assignment oyster-planting ground of at least three
acres in one tract or adjoining tracts and having paid the rent therefor, to dredge or
scrape the same at any time, exceot on Sundav or at night; pFevided unless he obtain

Addendum: Part B, p.60

obtains from the Marine Resources Commission a permit for each boat which is used to
dredge or scrape the specified private oyster ground. The permit shall show the
name of the lessee and the name or number of the boat, date of issue and date of
expiration . The expiration date shall not be more than twelve months from the
date of issue and may be renewed for like periods from time to time;
The Commission may after a hearing refuse to grant a permit or renew
the same to dredge or scrape any oyster-planting ground unless it is proved that the
holder thereof has planted seed oysters or shells thereon and is using the planting
ground for the cultivation of oysters and may refuse to grant the permit if it appears
to the satisfaction of the Commission at said the hearing that the holder of the ground
is an habitual violator of the seafood laws that . An applicant for
the permit shall have the right of appeal from any decision of the Commission refusing to
grant the permit as provided in Chapter 2 ( 28.1-23 et seq.) of this title. The
Commission shall receive three dollars for each such permit issued.
(2) Dredging or dredging equipment on boat. - It shall be unlawful for any person to
have on board a boat, a dredge or equipment normally used for dredging, unless he has a
permit to dredge, or a license to dredge and has the license or permit available for
inspection on board of the boat.
(3) It shall be unlawful for any dredge or any equipment to be used in dredging, approved
by license or permit, to be carried or transported on board a boat of the licensee or
permittee, or his employee, except when actually in use or going to or coming from the
ground on which dredging is permitted, or licensed to take place, or to and from one dock
to another dock for maintenance and repairs to such boat or equipment.
(3) Marking ground. - No person shall have or enjoy the privilege
previously granted of dredging or scraping his oyster-planting ground unless he
has first properly designated and marked the oyster
-planting ground as prescribed by the Commission in
accordance with � 28.1-109 (6) (c). In addition to any other requirements, the initials of the
lessee shall be displayed on all lease comers in black letters on a white background not
less than five inches in length. If it appears to the inspector that such ground is not
properly marked, he may immediately suspend the dredging permit until the ground is
properly marked.
(4) Marking boats. - Such initials shall also be placed upon each side of the prow of
any boat or craft used or employed in dredging or scraping such planting ground.

Addendum: Part B, P.61

1986 SESSION
VIRGINIA ACTS OF ASSEMBLY - CHAPTER 18 4

An Act to amend and reenact �� 28.1-44, 28.1-130, 28.1-133, 28.1-134 and 28.1-179 of the
Code of Virginia, relating to permit and registration fees for certain fishery activities.

[H 5471

Approved MAR 30 1986

Be it enacted by the General Assembly of Virginia:
1. That �� 28.144, 28.1-130, 28.1-133, 28.1-134 and 28.1-179 of the Code of Virginia are
amended and reenacted as follows:
� 28.144. Fees.-Each inspector, agent or officer shall collect the following fees for
services herein enumerated in the issuance of licenses: one dollar and fifty cents for
assigning oyster-planting grounds including riparian grounds; three dollars for assigning of
bathing grounds; one dollar for issuing permits as required by this title; and such other
fees as are specified under other sections of this title pertaining to fish, crabs, clams and
other shellfish.
� 28.1-130. Registration and issuance of license.-Upon being satisfied of the facts stated
in such application, the inspector shall register such vessel for a fee of one dollar and
issue to such applicant a license granting him the privilege of dredging or scraping for
oysters on public ground Within the prescribed limits and season, which shall be plainly set
forth in the license.
� 28.1-133. License tax.-Before any license shall be is issued for dredging or scraping,
the applicant shall ,in addition to the fee of one dollar for registering the boat, pay an
annual license tax of fifty dollars for each dredge. The captains or masters of such boats
shall always have such license on board of their boats and exhibit the same whenever it
shall be is demanded by any duly, authorized officer, and the refusal so to do shall be
prima facie evidence that they are dredging or scraping without having a license therefor.
� 28.1-134. Dredging or scraping on private ground,-(I) When and by whom dredging
allowed; permit required. - It shall be lawful for any resident of this, SWAP Commonwealth
holding under legal assignment oyster-planting ground of at least three acres in one tract
or adjoining tracts and having paid the rent therefor, to dredge or scrape the same at any
time, except on Sunday or at night , provided he obtain obtains from the Marine
Resources Commission a permit for, each boat which is used to dredge or scrape such
specified private oyster ground. Such permit shall show the name of the lessee and the
name or number of the boat date of issue and date of expiration, which expiration date
shall not be more than twelve months from date of issue and may be renewed for like
periods from time to time and provided, further, that the. The Commission may after a
hearing refuse to grant a permit or renew the same permit to dredge or scrape any,
oyster-planting ground unless it be is proved that the holder thereof has planted seed
oysters or shells thereon and is using said the planting ground for the cultivation of oysters
and may refuse to grant said the permit if it appears to the satisfaction of the Commission
at said the hearing that the holder of said the ground is an a habitual violator of fix
seafood laws provided, further, that The applicant for said the premit shall have the
right of appeal from any decision of the Commission refusing to grant said the permit as
provided in Chapter 2 ($28.1-23 et seq.) of this title. The Commission shall receive three
dollars for each such permit issued.
(2) Dredging or dredging equipment on boat. - It shall be unlawful for any person to
have on board a boat, a dredge or equipment normally used for dredging, unless he has a
permit to dredge, or a license to dredge and has said a license or permit available for
inspection on board of said boat.

Addend=: Part B, p.62

It shall be unlawful for any dredge or any equipment to be used in dredging, approved
by license or permit, to be carried or transported on board a boat of the licensee or
permittee, or his employee, except when actually in use or going to or coming from the
ground on which dredging is permitted, or licensed to take place, or to and from one dock
to another dock for maintenance and repairs to such boat anQeF , equipment or both
(3) Marking ground. - No person shall have ff enjoy the privilege her-einbefer-e granted
of dredging or scraping his oyster-planting ground unless he shall have has first properly
designated and marked the oyster lines of his planting ground by placing prominent and
fixed buoys or stakes thereon, such buoys or stakes to be so many inches in diameter and
to extend so far above water as the Commission or the Commissioner ; may direct, and the
same shall be keo up a" maintained so as to distinctly mark the outer line or lines of
&ac4 the planting ground. 1* the event that if any single line of the boundary of sueh the
planting ground shall exeeed exceeds 300 1 feet in length it shall be marked with at least '9
three or more stakes, with. I- one stake at each end of such line and I- one or more stakes
equally spaced along such line. In the event it appears to the inspector that such ground is
not properly marked, he may forthm suspend the dredging permit until sueh time as the
ground is properly. marked. The buoys shall be painted white, and shall have the initials of
the person or firm whose property they are, placed upon them near the top, in black
letters, of not less than five inches in length. If stakes are used there shall he a sign
painted as prescribed for buoys attached to each comer stake.
(4) Marking boats. - Such initials shall also be placed upon each side of the prow of
any boat or craft.used or employed in dredging or scraping SHC4 the planting ground.
� 28.1-179. Removal, transportation, etc., from polluted ground.-(1) No person, firm or
corporation shall take, catch, transport, sell, offer for sale, remove, receive, keep or store
shellfish from condemned areas, or relay shellfish taken from such areas, until a special
permit has been obtained from the Commission, which must be carried in his possession
when engaged in such-operation. -
Before any person, firm, or corporation sha4 take takes or r-efneve removes shellfish
from private grounds in condemned areas he shall have written authority in his possession
from the owner or lessee , in addition to obtainin the permit as herein required.
No permit for transporting or relaying shall be issued to any person, firm or
corporation for the purpose of buying and selling shellfish from condemned areas. Permits
for transporting and relaying shall only be issued to persons, firms or corporations who
that catch shellfish from condemned areas and vAao that want to move such shellfish to an
approved area -,, , and to those persons who buy shellfish from condemned areas from the
catcher and who transport or relay the shellfish to their.or other approved grounds.
No permits shall be issued to any motor vehicle transporting and/or relaying shellfish
from condemned areas unless such motor vehicle has an enclosed body with doors which
can be sealed by an inspector. An inspector shall have the authority to refuse to issue such
a permit if he determines the motor vehicle cannot be properly sealed.
If shellfish from condemned areas is are to be transported and/or relayed, at any time,
by a motor vehicle an inspector shall seal the body of the motor vehicle before departure
and the seal shall not be broken by anyone except an inspector at the point of final
destination where the cargo is to be discharged for relaying and/or transplanting in an
approved area. After, the seal is broken an inspector shall supervise the relaying of the
shellfish from the truck to the approved area.
Upon evi dence of such permit holder offering for sale and not planting such shellfish
from condemned areas, the Commissioner shall promptly. revoke all permits held by such
person, firm or corporation.
(2) Any person, firm or corporation holding a valid permit to remove, transport and/or
relay shellfish from condemned area shall keep accurate records and submit monthly
reports to the Commission, which shall designate the areas from which the shellfish were
removed; the areas to which the shellfish were relayed; the dates of the removal, and/or
relaying; the number of bushels of shellfish removed, and/or relayed; the name of the
permit holder, the name and address of each person employed and engaged in the
operation; the names or numbers of the boats; and the license numbers of the trucks used
in the operation. During any month -i covered by permit ; in which no removal and/or
relaying is in operation, a report shall be submitted to the Commission, indicating that no

Addendum: Part B, p.63

shellfish were removed and/or relayed. Jt shall be the responsibility of the permit holder
to keep accurate records and make reports of the removal, and/or relaying, to the main
office of the Commission on or before the tenth day of the month following the month of
operation. The permit shall set out the expiration-date -thereof.
(3) Application for the special permit 7 provided for in subsection (1) of this section,
before the removal, transportation and/or relaying of shellfish from condemned areas, shall
be made on forms provided by the Commission. A fee e4 ww dollar- shW4 be paid to the
CAMMiRWAR when suc4 applieafiei% 14F peFink is filed. This permit shall not be transferable.
The special permit after being issued, may be revoked at any time by the
Commissioner, when, in his judgment, it will be to the best interest of the industry that the
same be revoked. Any person having said such permit revoked may demand a. hearing
before the Commission at the next scheduled meeting of the Commission.
(4) Shellfish removal, and/or relaying, from condemned areas shall be under the
supervision of the Marine Resources Commission and the Department of Health.
(a) The season for the removal, and/or relaying, of shellfish from private grounds shall
be frdm'Ap"l fh:st I to November f4st .1 -
(b) The season for the removal, and/or relaying of shellfish from public grounds shall
be from May fifrA .1 to August Afteenth J5 .
(c) The above dates for the opening and closing of sa4d seasons may be changed by
the Commission, and-the Commission may refuse to grant permits for removal of shellfish
from any and all condemned areas of the waters of the State Commonwealth .
(5) Any conveyance engaged in transporting shellfish, which have been caught within
condemned areas for the purpose of relaying, to another area where they may be cleansed
and made fit for market, shall display a yellow flag of not less than thirty inches in length
and eighteen inches in width before any shellfish are placed thereon, and the flag shall be
displayed during the entire relaying operation.
(6) It shall be the duty of the inspector of the Marine Resources Commission, and
employees of the Department of Health, to examine the area to which shellfish from
condemned areas are relayed and see that adequate and proper corner stakes or buoys
have been put in place by the lessee before a permit sma be is issued to transport to or
plant the area. Each corner stake or buoy shall -be marked by a yellow flag or bunting of
not less than fifteen inches by fifteen inches, and the marking shall remain until a special
permit to remove the shellfish for sale or shipment has been obtained from the State
Health Commissioner.
. (7) No person, firm or corporation shall discharge, or cause to be discharged, any part
or all of the shellfish from any conveyance engaged in transporting shellfish from
condemned areas at any place other than to approved areas for cleansing., and shaIJ move
directly to the approved planting ground ; or to conveyances holding a proper permit for
relaying to cleansing areas designated in the permit
(8) The loading and unloading, ashore, of shellfish taken from condemned areas shall
only be at points designated by the Commission.
(9) Should the occasion arise for any emergency unloading of any conveyance engaged
in transporting shellfish, from a condemned area, the Commission shall be notified
immediately and disposition of said the cargo shall be made under the supervision of the
se4d Commission.
(10) There shall be no transportation, relaying or any movement of shellfish from
condemned areas after sunset or before sunrise except by motor vehicle properly sealed
pursuant to subsection (1) hereof. Clean shellfish and shellfish from condemned areas shall
not be mixed in any quantity in the same cargo.
(11) The Marine Resources Commission, whenever they dee@n it deerns that an
emergency exists, may make rules and regulations to protect the health of the public,
which relate to shellfish from condemned areas, without complying with the requirements
of �� 28.1-24 and 28.1-25. Such rules and regulations shall become effective upon the their
passage by the Commission. These rules and regulations shall be enforced by revoking any
and qll oermits which may have been issued.

Addendizn: Part B, p. 64

In the exercise of its authority granted pursuant to this section, the Commission shall
cause notice of any such action to be taken to be posted in two or more public places in
each locality affected at least five days prior to the Commission meeting at which such
action may be considered. Such publication shall be in lieu of any other notice and shall
be the only procedure required by the Commission in exercising such authority.
1986 SESSION
VIRGINIA ACTS OF ASSEMBLY - CHAPTER 273

An Act to amend and reenact � 2.1-342 of the Code of Virginia and to amend the Code o,
Virginia by adding a section numbered 28.1-23.2. relating to fisheries statistics.

JH 5901

Approved MAR 3 1 1986

Be it enacted by the General Assembly of Virginia:
1. That '@ 2.1-342 of the Code of Virginia is amended and reenacted and that the Code of
Virginia is amended by adding a section numbered 28.1-23.2 as follows:
� 2.1-342. Official records to be open to inspection; procedure for requesting records
charges; exceptions to application of chapter.-(a) Except as
and responding to request,
otherwise specifically provided by law, all official records shall be open to -inspection and.
copying by any citizens of this Commonwealth during the regular office hours of the
custodian of such records. Access to such records shall.not be denied to any such citizen .
of this Commonwealth, nor to representatives of newspapers and magazines with circulation
in this Commonwealth, and representatives of radio and television stations broadcasting in
or into this Commonwealth. The custodian of such records shall take all necessary
precautions for -their preservation and safekeeping. Any public body covered under the
provisions of this chapter shall make an initial response to citizens requesting records open
to inspection within fourteen calendar days from the receipt of the request by the public'
body. Such citizen request shall designate the requested records with reasonable specificity.
If the requested records or public body is excluded frem the provisions of this chapter, the
public body to which the request is directed shall within fourteen calendar days from the
receipt of the request tender a written explanation as to why the records are not available
to the requestor. Such explanation shall make specific reference to the applicable
provisions of this chapter or other Code sections which make the requested records
unavailable. In the event a determination of the availability of the requested records may
not be made within the fourteen-calendar-day period, the public body to which the request
is directed shall inform the requestor as such, and shall have an additional ten calendar
days in which to make a determination of availability. A specific reference to this chapter
by the requesting citizen in his records request shall not be necessary to invoke the time
limits for response by the public body. The public body may make reasonable charges for
the copying and search time expended in the supplying of such records; however, in no
event shall such charges exceed the actual cost to the public body in supplying such
.records. Such charges for the supplying of requested records shall be estimated in advance
at the request of the citizen.
(b) The following records are excluded from the provisions of this chapter:
(1) Memoranda, correspondence, evidence and complaints related to criminal
investigations, reports submitted to the state and local police and the campus police
departments of public institutions of higher education as established by Chapter 17 (�
23-232 et seq.) of Title 23 of the Code of Virginia in confidence, and all records of persons
imprisoned in penal institutions in this Commonwealth provided such records relate to the
said imprisonment. Information in the custody of law-enforcement officials relative to the
identity of any individual other than a juvenile who is arrested and charged, and the status
of the charge or arrest, shall not be excluded from the provisions of this chapter.

Addednum: Part B, p.65

(2) Confidential records of all investigations of applications for licenses"and all licensees
made by or submitted to the Alcoholic Beverage Control Board.
(3) State income tax returns, personal property tax returns, scholastic records and
personnel records, except that such access shall not be denied to the person who is the
subject thereof, and medical and mental records, except that such records can be
personally reviewed by the subject person or a physician of the subject person's choice;
however, the subject person's mental records may not be personally reviewed by such
person when the subject person's treating physician has made a part of such person's
records a written statement that in his opinion a review of such records by the subject
person would be injurious to the subject person's physical or mental health or well-being.
For the purposes of this chapter such statistical summaries of incidents and statistical data
concerning patient abuse as may be compiled by the Commissioner of the Department of
Mental Health and Mental Retardation shall be open to inspection and releasabie as
provided'in subsection (a) aboVe. No such summaries or data shall include any patient
identifying information. Where the person who is the subject of scholastic or medical and
mental records is under the age of eighteen, his right of access may be asserted only by
his parent or guardian, except in instances where the person who is the subject thereof is
an emancipated minor or a student in a state-supported institution of higher education.
(4) Memoranda, working papers and correspondence held or requested by members of
the General Assembly or by the office of the Governor or Lieutenant Governor, Attorney
General or the mayor or other chief executive officer of any political subdivision of the
Commonwealth or the president or other chief executive officer of any state-supported
institutions of higher education.
(4a) Written opinions of the city and county attorneys of the cities, counties and towns
in the Commonwealth and any other writing protected by the attorney-client privilege.
.(5) Memoranda, working papers and records compiled specifically for use in litigation
or as a part of an active administrative investigation concerning a matter which is properly
the subject of an. executive or closed meeting under � 2.1-344 and material furnished in
confidence with respect thereto.
(6) Confidential letters and statements of recommendation placed in the records of
educational agencies or institutions respecting (i) admission to any educational agency or
institution, (ii) an application for employment, or (iii) receipt of an honor or honorary
recognition.
(7) Library records which can be used to identify both (i) any library patron who has
borrowed material from a library and (ii) the material such patron borrowed.
(8) Any test or examination used, administered or prepared by any public body for
purposes of evaluation of (i) any student or any student's performance, (ii) any employee
or employment seeker's qualifications or aptitude for employment, retention, or promotion,
(iii) qualifications for any license or certificate issued by any public body.
As used in this paragraph (8), "test or examination" shall include (i) any scoring key
for any such test or examination, and (ii) any other document which would jeopardize the
security of such test or examination. Nothing contained in this paragraph (8) shall prohibit
the release of test scores or results as provided by law, or limit access to individual
records as is provided by law. However, the subject of such employment tests shall be
entitled to review and inspect all documents relative to his performance- on such
employment tests.
When, in the reasonable opinion of such public body, any such test or examination no
longer has any potential for future use, and the security of future tests or examinations
will not be jeopardized, such test or examination shall be made available to the public.
However, minimum competency tests administered to public school children shall be made
available to the public contemporaneously with statewide release of the scores of those
taking such tests, but in no event shall such tests be made available to the public later
than six months after the administration of such tests.
(9) Applications for admission to examinations or for licensure and scoring records
maintained by the Department of Health Regulatory Boards or any board in that
department on individual licensees or applicants. However, such material may be made
available during normal working hours for copying, at the requestor's expense, by the

Addend,=: Part B, p. 66

individual who is subject thereof, in the offices of the Department of Health Regulatory
Boards or in the offices of any health regulatory board, whichever may possess the
material.
(10) Records of active investigations being conducted by the Department of Health
Regulatory Boards or by any health regulatory board in the Commonwealth.
(11) Memoranda, legal opinions, working papers and records recorded in or compiled
exclusively for executive or closed meetings lawfully held pursuant to � 2.1-344.
(12) Reports, documentary evidence and other information as specified. in �� 2.1-373.2
and 63.1-55.4.
(13) Proprietary information gathered by or for the Virginia Port Authority as provided
in � 62.1-134.1 or � 62.1-132.4.
(14) Contract cost estimates prepared for the confidential use of the Department of
Highways and Transportation in awarding contracts for construction or the purchase of
goods or services.
(15) Vendor proprietary information software which may be in the official records of a
public body. For the purpose of this section, "vendor proprietary software" means computer
programs acquired from a vendor for purposes of processing data for agencies or political
subdivisions of this Commonwealth.
(16) Data, records or information of a proprietary nature produced or collected by or
for faculty or staff of state institutions of higher learning, other than the institutions'
financial or administrative records, in the conduct of or as a result of study or research on
medical, scientific, technical or scholarly issues, whether sponsored by the institution alone
or in conjunction with a governmental body or a private concern, where such data, records
or information have not been publicly released, published, copyrighted or patented.
(17) Financial statements not publicly available filed with applications for industrial
development financings.
(18) Lists of registered owners of bonds issued by a. political subdivision of the
Commonwealth, whether the lists are maintained by the political subdivision itself or by a
single fidiiciary designated by the political subdivision.
(19) Confidential proprietary records, voluntarily provided by private business to the
Division of Tourism of the Department of Economic Development, used by that Division
periodically to indicate to the public statistical information on tourism visitation to Virginia
attractions and accommodations.
(20) Information which meets the criteria for being filed as confidential under the
Toxic Substances Information Act Q 32.1-239 et seq.) of Title 32.1, regardless of how or
when it is used by authorized persons in regulatory processes.
(21) Documents as specified (i) in paragraph 2 of subsection B of � 10-186.9, and (ii) in
� 58.1-3 of the Code of Virginia.
(22) Confidential records, including victim identity, provided to or obtained by staff in a
rape crisis center or a program for battered spouses.
(23) Computer software developed by or,for a state agency, state-supported institution of
higher education or political subdivision of the Commonwealth.
(24) Investigator notes, and other correspondence and information, furnished in
confidence with respect to an active investigation of individual employment discrimination
complaints made to the Department of Personnel and Training; provided however, nothing
in this section shall prohibit the disclosure of information taken from inactive reports in a
form which does not reveal the identity of charging parties, persons supplying the
information or other individuals involved in the investigation.
(25) Fisheries data which would permit identification of any person or vessel, except
when required by court order as specified in � 28.1-23.2.
(c) Neither any provision of this chapter nor any provision of Chapter 26 Q 2.1-377 et
seq.) of this title shall be construed as denying public access to records of the position, job
classification, official salary or rate of pay of, and to records of the allowances or
reimbursements for expenses paid to any public officer, official or employee at any level
of state, local or regional government in this Commonwealth whatsoever. The provisions of
this subsection, however, shall not apply to records of the official salaries or rates of pay
of public employees whose annual rate of pay is $10,000 or less.

Addend=: Part B, p.67

� 28.1-23.2. Authority to collect fisheries statistics.-The Commission shall have the
authority to collect any fisheries data and information which it deems necessary to
develop fishery management plans and to evaluate management options. This information
shall include, but not be limited to:
I. Statistics fo@, catch and fishing efforts b.v species from commercial and recreational
fishermen:
2. Statistics from fish processors and dealers;
3. Types of gear and equipment used;
4. Areas in which fishing has been conducted;
5. Landing places; and
6. Any other information as deemed necessary by the Commission.
It Mall also include information necessary to document the estimated and actual
processing capacity of fi@h processing facilities.
The Commission may enter into cooperative agreements with agencies of another state,
the federal government, or others for the collection of statistics, or the Commission may
collect statistics from any source and require the reporting of these statistics on forms
prescribed by the Commission.
The information collected or reported shall not be disclosed in any manner which
would permit identification of any person. firm, corporation or vessel, e-rcept when
reauirled by court order.

B.1 Additional Virqinia Codes Section-- Startinq with Section below throuqh
to Part B. D. 70 is a continuation of Virqinia Codes. 1995.and ei@rlier
(see Part 3, 1- 39)

� 32.1-2. Finding and purpose. - The General Assembly finds that the
protection, improvement and preservation of the public health and of the envi-
ronment are essential to the general welfare of the citizens of the'Common-
weafth. For this reason, the State Board of Health and the State Health
Commissioner, assisted by the State De artment of Health, shall administer
and.provide a comprehensive program oppreventive, curative, restorative and
environmental health services, educate the citizenry in health and environ-
mental matters, develop and implement health resource plans, collect and
preserve vital records and health statistics, assist in research, and abate haz-
ards and nuisances to the health and to the environment, both emergency and
otherwise, thereby improving the quality of life in the Commonwealth. (1979,
c. 711.)

� 62.1-13.2. Definitions. - For the purposes ot this chapter, the following
words shall have the meanings respectively ascribed to them:
(a) "Commission" means the Virginia Marine Resources Commission.
(b) "Commissioner" means the Commissioner of Marine Resources.
(c) "Person" means any corporation. association, or partnership, oneormore
individuals, or any unit of government or agency thereof.
(d) "Tidewater Virginia" means the following counties: Accomack,
Arlinf,-ton Caroline, Charles City, Cho-sterfield, Essex, Fairfax, Gloucester,
K,
jjarjO,/(__j., !let,,-jco, I131c 4)f',Vight, J;i!. :,,i City, King George_, i@g 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,

Addendum: Part B, p.68

Chesapeake, Colonial Heights, Fairfax. Falls Church. Fredericksburg,
Hampton. Hopewell, Newport Ne%vs, Norfolk, Petersburg, Poquoson,
Portsmouth, Richmond, Suffolk. Virginia Beach and Williamsburg.
(e) "Governmental activit-Y" means anv or all of the services provided by the
Commonwealth or a countv, c1tv or town to its citizens for the purpose of
maintaining public facilities and shall include but shall not be limited to such
services as constructin,*,, repairiri_ J -_,intaining roads, sewage facilities,
supplying and treating water, street lights, and construction of public build-
ings.
(f) "Vegetated wetlands" means all that land lying between and contiguous
to mean low water and an elevation above mean low water equal to the factor
1.5 times the mean tide range at the site of the proposed project in the county,
city or town in question; and upon which is growing on July 1, 1972, or grows
thereon subsequent thereto, any one or more of the f6flowing: saltmarsh
cordgrass (Spartina alterniflora), saltmeadow hay (Spartina patens), saltgrass
(Distichlis spicata), black needlerush (Juncus roemerianus), saltwort
(Salicornia spp.), sea lavender (Limonium spp.), marsh elder (Iva frutescens),
groundsel bush (Baccharis halimifolia), wax myrtle (Myrica sp.), sea oxeye
(Borrichia frutescens), arrow arum (Peltandra virginica), pickerelweed
(Pontederia cordata), big cordgrass (Spartina cynosuroides), rice cutgrass
(Leersia orvzoides), wildrice (Zizania a uatica), bulrush (Scirpus vailidus),
sFikerush CEleocharis sp.), sea rocket %kile edentula), southern wildrice
(Zizaniopsis miliacea), cattails (Typha spp.), three-squares (Scirpus spp.),
buttonbush (Cephalanthus occidentalis), bald cypress (Taxodium distichum),
black gum (Nyssa sylvatica), tupelo (Nyssa aquatica), dock (Rumex spp-),
yellow pond lily (Nuphar sp.), marsh fleabane (Pluchea purpurascens), royal
fern (Osmunda regalis), marsh hibiscus (-,Hibiscus moscheutos), beggar's tick
(Bidens sp.), smartweeds (Polygonum sp.), arrowhead (Sagittaria spp.), sweet
flag (Acorus calamus), wate@ hemp (Amaranthus cannabinus), reed grass
(Phragmites communis) and switch grass (Panicum virgatum).
The vegetated wetlands of Back Bay and its tributaries and the vegetated
wetlands of the North Landing River and its tributaries shall meanall marshes
subject to flooding by normal tides, including wind tides, provided this shall not
include hurricane or tropical storm tides and -upon which one or more of the
following vegetation species are growing or grows thereon subsequent to the
passage of this amendment: saltmarsh cordgrass (Spartina alterniflora),
saltmeadow hav (Spartina patens), black needlerush (Juncus roemerianus),
marsh elder (Iva frutescens), groundsel bush (Baccharis halimifolia), wax
mvrtle (Myrica sp.), arrow arum (Peltandra virginica), pickerelweed
(P@ontecleria_ cordata), big cord-rass (Spartina cynosuroides), rice cutgrass
(Leersia orvzoides), wildrice (Zizania aquatica). bulrush (Scirpus validus),
spikerush (Eleocharis sp.), cattails (Typha spp.), three-squares (Scirpus spp.),
dock (Rurnex sp.), smartweed (Polygonum sp.), yellow pond lily (Nuphar sp.),
royal fern (Osmunda regalis), marsh hibiscus (Hibiscus moscheutos), beggar's
tick (Bidens sp.), arrowhead tSagittaria sp.), water hemp (Amaranthus
cannabinus), reed grass (Phragmites communis) and switch grass (Panicum
virgatum).
(g) "Wetlands board" or "Board" means a board created as provided in
� 62.1-13.6.
(h) "Wetlands zoning ordinance" means that ordinance set forth in
� 62.1-13.5.
(i) "County, ci(y or town "shall mean the governing body of such county, city
or town.
(j) "Back Ba iv and its tributaries" means the following as shown on the U.S.
Geological Survey Quadrangle Sheets for Virginia Beach, North Bay, and
Knotts Island: Back Bay north of the Virginia-North Carolina State line;
Capsies Creek north of the Virginia-North Carolina State line; Deal Creek;
Devil Creek; Nawney Creek; Redhead Bay, Sand Bay, Shipps Bay, North Bay,
and the waters connecting them; Beggars Bridge Creek; Muddy Creek;
Ashville Bridge Creek; Hells Point Cre;Z Black Gut; and all coves, ponds and
natural waterways adjacent to or connectirig with the above-named bodies of
water.

Addendum: Part B, p-69

(k) "A"orth Landing River and its tributaries" means the fol1mving as based
on United States Geological Survey Quadrangle Sheets for Pleasant Ridge,
Creeds. and Fentress: the North Landing River from the Virginia-North
Carolina line to Virginia Highway 165 at North Landing Bridge; the
Chesapeake and Albemarle Canal from Virginia Highway 165 at North
Landina Bridae to the locks at Great Bridr@e; afl, named and unnamed streams,
creeks and rivers flowing into the North Landing River and the Chesapeake
and Albemarle Canal except the following: West Neck Creek north of Indian
River Road; Pocaty River west of Blackwater Road; Blackwater River west of
its forks located at a point approximately 6400 feet due west of the point where
the Blackwater Road crosses the Blackwater River at the village of
Blackwater; Millbank Creek west of Blackwater Road.
(I) 'Worivegetated wetlands" means all that land lying contiguous to mean
low water andwhich land is between mean low water and mean high water not
otherwise included in the term "vegetated wetlands" as defined herein and also
includes those unvegetated areas of Back Bay and its tributaries and the North
Landing River and its tributaries subjec! Lu flooding by normal tiu-'es including
wind tides but not including hurricane or tropical storm tides.
(m) "Wetlands "means both vegetated and nonvegetated wetlands. (1972, c.
711; 1973, c. 388: 1974, c. 297; 1975, c. 268; 1979, c. 524; 1982, c. 300.)

Editor's note. - Thi, section was aniended Law Rev-iew. - For a note on purposes and
by Acts 1973, c. 471. The 1973 act. which was types of wetlands regulation, see 58 Va. I. Rev.
made effiective july 1, 1974, and provided that 876 (1972). For article, "Virginia Natural
it should expire at midnight on that date unless Resources Law and the New Virginia Wetlands
earlier reenacted. was repealed by Acts 1974. c. Act." see 30 Wash. & Lee L. Rev. 19 1973).
96. effective March 22. 1974. and thereforc-
never @%ent into effect

� 62.1-194. Casting garbage,. etc., into waters. Except as otherwise
permitted by law, it shall be unlawful for any person to cast, throw or dump
any garbage, refuse, dead animal, trash, carton, can, bottle, container, box,
lumber, timber or like material, or other solid waste, except fish or crab bait
in any form, into any of the waters of this State. When a violation of any
provision of this section has been observed by any person, and, the matter
dumped or disposed of in the waters of this State has been ejected from a boat,
the owner or operator of such boat shall be presumed to be the person ejecting
such matter. vrovided, however, that such presumption shall be rebuttable by
competent evidence. Every such act shall be a misdemeanor punishable by a
fine not to exceed $ 100 or confinement in jail not to exceed thirty days, or both.
Every law-enforcement officer of this State and its subdivisions shall have
authority to enforce the provisions of this section. (Code 1950, �� 62-182,
62-183; 1960, c. 246; 1968, c. 659; 1970, c. 486; 1974, c. 603.)

62.1-194.1. Obstructing or contaminating state waters. - Except as
otherwise permitted b law, it shall be unlawful for any person to dump, place
or put, or cause to be Yumped, placed or put into, upon the banks of or into the
channels of any state waters any object or substance, noxious or otherwise,
which may reasonably be expected to endanger, obstruct, impede, contaminate
or substantially impair the lawful use or enjoyment of such waters and their
environs by others. Any person who violates any provision of this law shall be
guilty of a misdemeanor and upon conviction be punished by a fine of not less
than $100 nor more than $500 or by confinement in jail not more than twelve
months or both such fine and imprisonment. Each day that any of said
materials or substances so dumped, placed or put, or caused to be dum ed
"Kali
placed or put into, upon the banks of or into the channels of, said streams
constitute a separate offense and be punished as such.

Addend=: Part B, p.70

In addition to the foregoing penalties for violation of this law, the judge of
the circuit court of the county or corporation court of the city wherein any such
violation occurs, whether there be a criminal conviction therefor or not shall,
upon a bill in equity, filed by the attorney for the 'Commonwealth of such
county or by any person whose property is damaged or whose property is
threatened with damage from any such violation, award an injunction
enpirunga.ny violation of this law by any person found by the court in such suit
to have violated this law or causinc, the same to be violated, when made a party
defendant to such suit. (1968, c. 9,59.)

-U.S. GOVZWaGMT PRUMING OMCR. 1986 0-159-850/50507

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