[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


























i












             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:

              ï¿½  the effect on other permissible uses of state waters and
                 bottomlands;

              ï¿½  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







                     A







               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: ...

                              (c) Streams and rivers
                              (d) Shellfish waters
                              (e) Groundwaters
                              (f) Areas and places of human
                                   habitation....



                       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≥ 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 (ï¿½10-178) 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 (ï¿½10-178) 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.

                                            2




































                                     CHAPTER I



                                     OVERVIEW













                                      I












        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




                                                                I


































                                   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@

                              41





                     SYAFVORD




                                   GEORGIE
                              KING





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                                                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
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                                                                                                        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
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                                                                                             SOUTi   ASTER14 I's        A     2
                                                                                                             PtN)N$Lii  A     21
                                                                                            @OMAC,      No  ATHAM@so%         42



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                                                                                                                                                                                                                                                                                                                        @'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 ï¿½304(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."
               (ï¿½28.1-23.1).

               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
           ï¿½28.1-23.1 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 (ï¿½29-14).      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 (ï¿½62.1-13.1 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, ï¿½62.1-3 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" (ï¿½62.1-13.1).

               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." (ï¿½62.1-13.21)

              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 ï¿½62.1-13.24 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, ï¿½44.15, 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 - ï¿½62.1-44.19).

                 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 ï¿½62.1-44.17, 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 (ï¿½32.1-164).     The Board of Health-is em-
        powered through Virginia Code ï¿½32.1-165 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
              (ï¿½10.17.10)





                                        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



































I










                                    CHAPTER IV


                             ORGANIZATIONAL STRUCTURE










                                                                                 I

                                          I









        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 ï¿½2.1-39.1 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











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                                      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 ï¿½62.1-13.3):

                 "(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 ï¿½28 .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
            ï¿½28.1-97).    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 ï¿½28.1-82) 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 (ï¿½28.1-94).           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.


                       (c) Blue Crab Sanctuary

            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,ï¿½s'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
       ï¿½29-11).    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 ï¿½29-13) 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 ï¿½29-20).



                  (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 (ï¿½62.1-3 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@ï¿½ign 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 (ï¿½21-11.19). 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 ï¿½10-215
          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 (ï¿½62.1-1, Code of Virginia).

               8)    To maintain quality waters for recreational use   by regu-
               lations which require conformance to water quality       criteria
               and standards (ï¿½62.1-194, 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 ï¿½15.1-1278, 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 ï¿½15.1-1232, 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 ï¿½29.11      for public shooting, fowling,
           an-d fishing, all of which are located on tidal water. Game'refuges
           may'also be established under ï¿½29.11 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 (ï¿½10-21).         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 (ï¿½10-21,
                  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.


               ï¿½ Type and scale of facility

               ï¿½  Site(s)

               ï¿½  Proponent/developer

               ï¿½  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

               ï¿½ Environmental


               ï¿½ Other

         (iv) Statements of interested parties

               ï¿½ Proponent/developer

               ï¿½ Local government


                                           VII-8
                                             sl








               ï¿½ Areawide agencies

               ï¿½  State government

               ï¿½  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
           ï¿½404 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, ï¿½10-17.107 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









                                                                             I








                                       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







                                                                             J


                                                                        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 ï¿½21-11.19).
         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 ï¿½21-11.20 and ï¿½28.1-195.), Virginia
           has a comprehensive, ongoing program for the control and mitigation
           of shoreline erosion.




























































                                         VIII-4























I


















                                   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 ï¿½62.1-13.2. 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.


                                               2







                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.




                                               3







                     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.





                                                    4







               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.



                                                 5







                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.




                                                6








                    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.






                                              7








                        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.





                                                  8







                    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.



                                                   9








                 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.



                                                 10








                   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.


                                                 12








               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


                                               13








               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.



                                                    14








          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.

                                              15







                          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

                                                   16









        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:




                                              17









                               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

                                                    18


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 


                                 19

         







               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.


                                              21







                 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.




                                            22








         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

                                                     23








              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.



                                                 24







             .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.



                                               25







                          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



                                                        26







         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.




                                               27








                         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



                                                        28








         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.

                                               29







                   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___

                                                       30







         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.








































                                              31






























               PART V - PROBABLE IMPACTS OF THE PKOPOSED ACTION ON THE ENVIRONMENT












































          i








           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:

                          ï¿½  Projects designed to improve the. coordination of
                             governmental agencies on priority coastal resource
                             management issues.

                          ï¿½  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.

                          ï¿½  Projects which are directed toward resolving
                             national interest and coastal problems issues
                             and conflicts.

                          ï¿½  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.

                     ï¿½  Presidential policy statements and executive orders
                        relating to energy, trie environment, commerce, and
                        recreation;

                     ï¿½  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 ï¿½10-262 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 ï¿½312 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 ï¿½3U4(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 - ï¿½93U.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 ï¿½930.34(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,
                                     ï¿½ 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


                                     ï¿½ 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).



                                     ï¿½ 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.

                   ï¿½ 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, ï¿½ 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.

                   ï¿½ 28.1-126: Repealed by Acts 1985, c. 125.

                   ï¿½ 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, ï¿½ 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
                 1ï¿½ 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,
                                   ï¿½ 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
                                     ï¿½ 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

                                     ï¿½ 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, ï¿½ 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, ï¿½ 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

                   ï¿½ 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.
                   ï¿½ 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, ï¿½ 2 8-136; 1950, p. 976; 1954, c. 178; 1960,
                                     c. 517; 1962, c. 406; 1968, c. 747; 1979, c. 274.)
                                        ï¿½ 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 ï¿½ 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 ï¿½ 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      @ï¿½ 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.


                                        ï¿½ 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, ï¿½ 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.
                       ï¿½ 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




                                    ï¿½ 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 ï¿½ 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, ï¿½ 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


                                    ï¿½ 28.1-117: Repealed by Acts 1975, c. 186.
                                    ï¿½ 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 ï¿½ 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,              ï¿½ 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

                                    ï¿½ 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




                         ï¿½ 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,
                      ï¿½ 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


                         ï¿½ 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, ï¿½ 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

                         ï¿½ 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 (ï¿½ 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.), ï¿½ 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(ï¿½ï¿½ 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, ï¿½ 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, ï¿½ 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.
                                       ï¿½ 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, ï¿½ 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



                          ï¿½ 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.)


                         ï¿½ 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


                          ï¿½ 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
                       ï¿½ 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).

                        ï¿½ 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).



                                        ï¿½ 28.1-109. General Oyster-planting grounds.

                                        And is strictly construed against the                This section and ï¿½ 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 ï¿½ 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, ï¿½ 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, ï¿½ 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 ï¿½ 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 ï¿½ 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, ï¿½ 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, ï¿½ 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 ï¿½ 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 ï¿½ 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 ï¿½ 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, ï¿½ 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; 1ï¿½78, 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.

                     ï¿½ 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




                                        ï¿½ 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; ï¿½ 28-121; 1962, c. 406.)
                                        ï¿½ 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.

                                        ï¿½ 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 ï¿½ 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


                        ï¿½ 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, ï¿½ 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       ï¿½ 28-113,     corre-
                      Va. Const., art. XI, ï¿½ 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. ï¿½ 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, ï¿½ 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, ï¿½ 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

                        ï¿½ 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, ï¿½ 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    ï¿½ 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 ï¿½
                                  15.1-1232          shall be in addition to the power to issue revenue bonds and
                                  revenue re undina bonds set forth in ï¿½ 15.1-1232 (h) and ï¿½ 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 (ï¿½ 9-6.14: 1 et seq.) of Title 9.
                                  (Code 1950 (Repl. Vol. 1956), ï¿½ 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



                                       ï¿½ 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 ï¿½ï¿½ 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 ï¿½ 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 ï¿½ 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 ï¿½ 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


                                  ï¿½ 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



                   ï¿½ 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, ï¿½ 7-3; 1966, c. 102.)

                   ï¿½ 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




























                                                     .1











                  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


                  rR














                                                                                         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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                                                                 -l-' 11Z
                              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

                               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.OUO civilians.

                           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


0











                                                                                                                                     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



                           ï¿½    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:
                           ï¿½    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,"
                           ï¿½    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").
                           ï¿½    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
                           ï¿½    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
                           ï¿½    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
                           ï¿½    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
                           ï¿½    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
                           ï¿½    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
                           ï¿½    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                                                                                            <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="7908395708">[email&#160;protected]</a>@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. @<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="49380967003f2d">[email&#160;protected]</a> 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.




                                                                                                                                                           4









                                    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
                                                                                &lt;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










                                                          3

                                                                                                                                     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















                                                                                                              7
 









             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



















                                             I









                                                 -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 ï¿½ 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

                    ï¿½ 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.)
                    ï¿½ 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 ï¿½ 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 ï¿½ 28.1-58 etseq. As to marking of
                                       ï¿½ 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.)
                                       ï¿½ 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, ï¿½ 28-150; 1962, c. 406.)
                                       ï¿½ 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, ï¿½ 28-151; 1962, c. 406.)








                                                                                                    Addendixn: Pa_rtL. B, p. 2 5




                  ï¿½ 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, ï¿½ 28-155; 1962, c.
                406.)
                  ï¿½ 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).


                  ï¿½ 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,
                ï¿½ 28-157; 1960, c. 517; 1962, c. 406; 1979, c. 274.).
                  ï¿½ 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 (ï¿½ 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, ï¿½ 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

                                       ï¿½ 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, ï¿½ 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.

                                       ï¿½ 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.)
                    ï¿½ 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 ï¿½ 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, ï¿½ 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 ï¿½ï¿½ 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.       ï¿½ 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 ï¿½ 28.1-109             &E.2d 679 (1961), decided 'under repealed
                 (6@ would have no possible effect upon the right       ï¿½ 28-191, corresponding to this section.
                 of the Commonwealth to prosecute under this


                    ï¿½ 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, ï¿½ 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

                    ï¿½ 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 ï¿½ 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



                                       ï¿½ 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.)
                                       ï¿½ 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.)
                                       ï¿½ 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.), ï¿½ 28-196.2; 1952. c. 654; 1954, c. 446;
                                    1962, c. 466.)
                                       ï¿½ 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 .), ï¿½ 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.
                                       ï¿½ 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, ï¿½ 28-198; 1962, c. 406.)
                                       ï¿½ 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, ï¿½ 28-201; 1962, c. 406.)








                                                                                                   Addendum: Part B, p.29



                  ï¿½ 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 ï¿½ 28.1-109 (8)
                  until ninety days after the expiration of the prohibition contained herein.
                  (1978, c. 252.)
                  ï¿½ 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.), ï¿½ 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

                  ï¿½ 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.), ï¿½ 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

                  ï¿½ 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.),
                                          ï¿½ 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.

                                          ï¿½ 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 ï¿½ 93.1 1ï¿½ 28.1-831, Code of Virginia, (Code
                                          1950 (Suppl.), ï¿½ 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,
                                          ï¿½ 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

                                          ï¿½ 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, ï¿½ 28-204; 1962, c. 406.)


               ï¿½ 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.), ï¿½ 28-204.1; 1954, c. 63; 1962, c. 406.)


               ï¿½ 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.), ï¿½ 28-204. 1: 1;
                              1958, c. 299; 1962, c. 406.)
                                ï¿½ 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.), ï¿½ 28-204.1:2; 1958, c. 204; 1962, c. 406.)
                                ï¿½ 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.), ï¿½ 28-204.2; 1954, c. 111; 1962, c. 406; 1981,
                 c. 128.)
                 ï¿½ 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 ï¿½ 28.1-108 of the Code of Virginia. (Code 1950 (Suppl.),
                 28-204.3; 1956, c. 135; 1962, c. 406.)
                 ï¿½ 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 ï¿½ 28.1-108 of the Code of Virginia. (Code 1950 (Suppl.),
                               ï¿½ 28-204.4: 1956, c. 142; 1962. c. 406.)
                               . ï¿½ 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.), ï¿½ 28-204.5-1 1958, c. 175; 1962, c. 406.1
                ï¿½ 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.), ï¿½ 28-204.6; 1958, c. 475; 1962, c. 406.)
                ï¿½ 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,
              ï¿½ 28-205; 1962, c. 406.)








                                                                                                                    Addendum: Part B, p.36



                                                                              ARTICLE 12.
                                                                        Clair-s and Scallops.
                                        ï¿½  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, ï¿½ 28-178; 1954, c. 177; 1960, c. 517; 1962, c. 406; 1968, c.
                                      747; 1970, c. 726.)
                                        ï¿½ 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, ï¿½ 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

                                        ï¿½ 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, ï¿½ 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


                                        ï¿½ 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, ï¿½ 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


                    ï¿½ 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.
                   ï¿½ 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
                                      ï¿½ 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, ï¿½ 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).


                                         ï¿½ 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, ï¿½ 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



               ï¿½ 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, ï¿½ 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.


                ï¿½ 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 ï¿½ï¿½ 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 ï¿½ï¿½ 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:
                ï¿½ 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 ï¿½ 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 ï¿½ 62.1-231.
                ï¿½ 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.
                ï¿½ 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 ï¿½ 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 ï¿½ 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
               ï¿½ 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
           (ï¿½ 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.









                                                                                                   4



                ï¿½ 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. ï¿½ 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.
                ï¿½ 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.
                ï¿½ 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.
                ï¿½ 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 ï¿½ 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.
                ï¿½ 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


               ï¿½ 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.
               ï¿½ 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 ï¿½ 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-
               ï¿½ 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 ï¿½ 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 ï¿½ 21-89.8 of the Code of Virginia is amended and reenacted as follows:
               ï¿½ 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 ï¿½ 21-89.6 or ï¿½ 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 ï¿½
            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:
               ï¿½ 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.
               ï¿½ 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 ï¿½ 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 ï¿½ 62.1-493 of the Code of Virginia is amended and reenacted as follows:
              ï¿½ 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 ï¿½ï¿½ 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 ï¿½ï¿½ 2.1-512.1 and 62.1-4 of the Code of Virginia          are amended and reenacted as
            follows:
                ï¿½ 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 ï¿½ 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 ï¿½ï¿½
          62.1-3 through 62.1-4 of the Code of Virginia.
              ï¿½ 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 ï¿½ 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 ï¿½ 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 ï¿½ï¿½ 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


              ï¿½ 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.
              ï¿½ 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. 
          
              ï¿½ 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 ï¿½ 32.1-164.3 in accordance with the Board of Health Regulations on Sewage
          Handling and Disposal .
              ï¿½ 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.

              ï¿½ 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 (ï¿½
          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.
              ï¿½ 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   ï¿½ 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 ï¿½ï¿½ 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 ï¿½ï¿½
               -4-144 and 9-145, Chapter 17.1 of Title 10, consisting of ï¿½ï¿½ 10-186.1 through 10-186.21,
               Article 3.1 of Chapter 7 of Title 18-2. consisting of ï¿½ï¿½ 18.2-278.2 through 18.2-278.7, and
               Article 3 of Chapter 6 of Title 32. 1. consisting of ï¿½ï¿½ 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 ï¿½ï¿½ 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.
             ï¿½ 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.
          . ï¿½ 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 ï¿½ 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.
             ï¿½ 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



               ï¿½ 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.
               ï¿½ 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.
               ï¿½ 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 ï¿½ 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.
               ï¿½ 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 ï¿½ï¿½ 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 ï¿½ï¿½ 10-218 and 10-220 of the Code of Virginia are amended and reenacted as
           follows:
              ï¿½ 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 ï¿½ 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.
             '-ï¿½- 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 ï¿½ 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 ï¿½ 28.1-108 of the Code of Virginia is amended and reenacted as follows:
              ï¿½ 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 ï¿½ 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 ï¿½ 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 ï¿½ 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 ï¿½ï¿½ 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 ï¿½ï¿½ 28.1-109 and 28.1-134 of the Code of Virginia are amended and reenacted as
            follows:
                ï¿½ 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.
              ï¿½ 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 ï¿½ 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 ï¿½ï¿½ 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 ï¿½ï¿½ 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:
              ï¿½ 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.
              ï¿½ 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.
              ï¿½ 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.
              ï¿½ 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.
               ï¿½ 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 ï¿½ï¿½ 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 ï¿½ 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:
                ï¿½ 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 (ï¿½
             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 ï¿½ 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 ï¿½ 2.1-344.
                (12) Reports, documentary evidence and other information as specified. in ï¿½ï¿½ 2.1-373.2
             and 63.1-55.4.
                (13) Proprietary information gathered by or for the Virginia Port Authority as provided
             in ï¿½ 62.1-134.1 or ï¿½ 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 ï¿½ 10-186.9, and (ii) in
             ï¿½ 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 ï¿½ 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



                           ï¿½ 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)


                           ï¿½ 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.)




                           ï¿½ 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
                                 ï¿½ 62.1-13.6.
                                   (h) "Wetlands zoning ordinance" means that ordinance set forth in
                                 ï¿½ 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






                  ï¿½ 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, ï¿½ï¿½ 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







                                                                                                                       NOAA COASTAL SERVICES CTR LIBRARY



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