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


                                                                       FINAL PRODUCT    FY'94 Task 81
                                                                       DCR           coastal Alps Pollution Mgmt. Program



                                  CONEMONWE AL T H o f V IR G EN-Lk









                        Coastal Noiapoint Source Pollution
                                         Control Program Submi"tal


                                                                                  September 199-












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                                                   COMMONWEALTH of VIRGIN-IA






                                                      Coastal Nonpoint Source Pollution
                                                                            Control Program Submittal


                                                                                                                                September 1995

                                                                                           Department of Conservation and Recreation
                                                                                                Division of Soil.and Water Conservation
                                                                                                               20' ) Governor Street, Suite 206
                                                                                                                  Richmond, VA 2' )2119-2094

                                                                                                                                      (804) 786-2064








                      Department of Comervation & Rec
                                                                                reation
                                             INIA'S NATURAL AND RECREA-110NAL PBOURCES


                      (4               A report of the Virginia Department of Environmenaal Quality's Coastal Resources Management Program pursuant to
                       6,V
                                       National Oceanic and Atmospheric Administration (NOAA) Award No. NA270ZO312-01. This paper is funded by a
                                       VanzIcooperanve agreement from the National Oceanic and Atmospheric Ad=us=orL The views expressed herein are
                                       those of the authom@s) and do not necessarily reflect the views ofNOAA or any subagencies.
                                   DCR













                                                         Tabie of Contents

                  Executive Summary

                  1.       INTRODUCTION                                                                               1-1


                           Background Discussion                                                                      1-7

                           Boundary Map                                                                               1-13


                  11.      IMPLEMENTATION PLAN                                                                        2-1


                           Agricultural Measures                                                                      2-1

                           Forestry Measures                                                                          2-2


                           Urban Measures                                                                             2-2


                           Marina and Boat Operation Measures                                                         2-2

                           Hyrdomodification and Wetland Measures                                                     2-3-

                  Ill.     AGRICULTURE                                                                                3-1


                           Erosion and Sediment Control Management Measure                                            3-11

                           Confined Animal Facility Management Measure (Large Units)                                  3-12

                           Confined Animal Facility Management Measure (Small Units)                                  3-14

                           Nutrient Management Measure                                                                3-17

                           Pesticide Management Measure                                                               3-22

                           Grazing Management Measure                                                                 3-27

                           Irrigation Water Management Measure                                                        3-31



                 IV.       FORESTRY                                                                                   4-1


                           Preharvest Planning                                                                        4-8

                           Strearnside Management                                                                     4-12


                           Road Construction/Recons' truction                                                         4-16


                           Road Management                                                                            4@20


                 Septemoer 1995














                           Timber Harvesting                                                                       4-24

                           Site Preparation                                                                        4-28

                           Fire Management                                                                         4-33

                           Revegetation of Disturbed Areas                                                         4-36

                           Forest Chemical Management                                                              4-39

                           Wetlands Forest Management                                                              4-41


                  V.       URBAN DEVELOPMENT                                                                       5-1


                           New Development Management Measure                                                      5-7

                           Watershed Protection Management Measure                                                 5-10

                           Site Development Management Measure                                                     5-13

                           Construction Site Erosion and Sediment Control Management Measure                       5-17

                           Construction Site Chemical Control Management Measure                                   5-20

                           Existing Development                                                                    5-27

                           New Onsite Disposal Systems Management Measure                                          5-29

                           Operating Onsite Disposal System Management Measure                                     5-37

                           Pollution Prevention Manaaement Measure                                                 5-41


                           Management Measure for,Planning, Siting,   and Developing Roads and Highways            5-46

                           Manaaement Measure for Bridges                                                          5-51

                           Management Measure Construction Projects                                                5-57

                           Management Measure for Construction Site Chemical Control                               5-60

                           Management Measure for Operation and Maintenance                                        5-68

                           Management Measure for Road, Highway, and Bridge      Runoff                            5-71






                 September 1995                                                                                         1.I.





  t


                    V1.     MARINA AND BOAT OPERATION                                                              6-1


                            Marina Flushing Management Measure                                                     6-4

                            Water Qualitv Assessment Manacement Measure,                                           6-6


                            Habitat Assessment Manaaement Measure                                                  6-8


                            Shoreline Stabilization Management Measure                                             6-12

                            Storm Water Runoff Management Measure                                                  6-15

                            Fueling Station Design Management Measure                                              6-19

                            Sewe    f::acir
                                 ge     ity Management Measure                                                     6-21


                            Solid Waste Manaaement Measure                                                         6-23
  F,
                            Fish Waste Management Measure                                                          6-25

                            Liquid Matenal Management Measure                                                      6-26

                            Petroleum Control Management Measure                                                   6-27

                            Bcat CIaaninc Manacement Measure                                                       6-29


                            Public E-ducation Management Measure                                                   6-30

                            Maintenance of Sewage Facilities Management Measure                                    6-31

                            Boat Operation Management Measure                                                      6-32



                  Vll*      HYDROMODIFICATION                                                                      7-1


                            Management Measure for Physical and Chemical Characteristics  of Surface Water         7-5

                            Instrearn and RiDarian Habitat Restoration Manaaement Measure                          7-9


                            Manacement Measure for E,-osion and Sediment Control                                   7-12


                            M2nacement Measure Chemical and Pollutant Control                                      7-15


                            Manacement Measure for Surface Water Quality and Instream Riparian Habitat             7-21

                            Stream Bank and Shoreline Erosion Management iNdeasure                                 7-24





                  SepreMDer 1995                                                                                     In
  ji
  IL















                     Vill.     WETLANDS


                               Manaaement Measure for Protecton of Wetlands and Riparian Areas                        8-4

                               Manacement Measure for Restoration of Wetlands and Riparian Areas                      8-9

                               Manacement Measure for Vegetated Treatment Systems                                     8-412

                     Ix.       BOUNDARY DISCUSSION                                                                    .9-1


                     X.        ADMINIST RATIVE COORDINATION                                                           10-1


                     X1.       MONITORING AND TRAC)UNG                                                                11-1


                               Chesapeake Bay and Local Assistance Department                                         11-1

                               Department of Conservation and Recreation                                              11-2

                               Department of Forestry                                                                 11-4

                               Department of Environmental Quality                                                    11-5

                               Department of Health                                                                   11-6

                               Citizen Monitorina Procrams                                                            11-7


                               SMP Tracking Programs                                                                  11-10

                               Data Anaylsis                                                                          11-11

                    XII.       TECHNICAL ASSISTANCE                                                                   12-1


                    XIII.      APPENDICES


                               A.    Resoonse 'to Threshold Review Comments from NOAA and E@A
                               B.    Response 'to Public Comments
                               C.    List of Participants
                               D.    Lis, of Referenced Documents
                               E.    Index to Environmental Proarams













                                                                                                                        IV
                    @eprember 1995

















                              Executive su=ary









                                                                                                            Executive Summary




                               VIRGINIA COASTAL NONPOINT SOURCE POLLUTION CONTROL PROGRAM


                                                         Implementation Summary


                 Agriculture

                 Although the Commonwealth of Virginia has deemed exisfing state programs sufficient to address the specified
                 management measures, enactment of an agricultural water quality law would strengthen Virginia's agricultural
                 water quality programs and it would help ensure program compliance. Accordingly, state agencies in Virginia
                 plan to work with the agricultural community to develop an agricultural water quality law (bad actor law) that
                 targets farm owners and operators who refuse to implement management practices to control known sources
                 of nonpoint source pollution.


                 Forestry

                 Program implementation will not involve additional regulatory controls or programmatic changes to Virginia's
                 forestry water quality programs. However, as part of a Section 319 grant, a guidebook for logger is being
                 revised to stress the need for pre-harvest planning. This guidebook should strengthen the Commonwealth's
                 well developed forestry water qualityprograms.



                 Urban

                 Virginia is in the process of revising Sewage Handling and Disposal regulations. If enacted, these regulations
                 should address the requirementi of the New Onsite Disposal management measure and bring the
                 Commonwealth into compliance with the management measures specified for urban sources of nonpoint
                 source pollution.


                 Marina and Boat Operation

                 To address the Fish Waste and Boat Operation management measures, Virginia will undertake a study to
                 determine the significance of these source of nonpoint pollution and to determine what actions the
                 Commonwealth - could take to address these sources. If significant problems are identified through
                 investigations, new statutory authority would likely be required to bring the Commonwealth into compliance with
                 these management measures.


                 Hydromodification and Wetlands

                 Although no additional regulatory or programmatic changes are proposed at this time, an investigation is
                 proposed to evaluate the nature and extent of nonpoint source pollution problems associate with of existing
                 hydromodification projects. If significant nonpoint source pollution problems are identified, a management plan
                 will be developed to address these problems.



                 September 1995
                                                                      XMIl










                                                                                                                Executive Summary



                    WETLANDS, PJPARIAN AREAS,
                    AND VEGETATED TREATMENT SYSTEMS



                    A.'Protection of Wetlands
                       and Riparian Areas                               Meets

                    Wetlands and riparian areas are protected statewide by the Virginia Water Protection Pen-nK (DepaF-4-nent of
                    Environmental Quality) and the Submerged Lands Management Program (Virginia Marine Resources
                    Commission). Further protection for such areas exist in coastal areas through the Wetland Mar) nement
                    Program and Coastal Primary Sand Dune Program. Within Tidewater, the Chesapeake Bay Area [Do-signation
                    and Management Regulations protect, wetland and riparian areas by establishing Resource Protection Areas
                    (RPAs) which includes tidal and nontidal wetlands and other significant lands and a 100 foot wride buffer strip
                    adjacent to such lands and all tributary streams. Agricultural cost share incentives are also available for
                    woodland buffer strips, stream protection, grass filter strips, and stabilization of marshes.


                    B. Restoration 'of Wetlands
                      and Riparian Areas                                Meets

                    Several state programs including, the Virginia Water Protection Permit Program, Coastal Primary Sand
                    Dune/Beaches Program, and the Tidal Wetlands Management Program can require restoration of wetlands
                    and riparian areas impacted by program violations. Wetlands restoration is also promoted by the Agricultural
                    BMP Cost Share Program and the Shoreline Erosion Advisory Service.


                    .C. Vegetated Treatment Systems                     Meets

                    The Chesapeake Bay Preservation Act promotes vegetated filter strips by establishing Resource Protection
                    Areas (RPAs) which include tidal and nontidal wetlands. and other significant lands and a 100 foot wide buffer
                    strip adjacent to such lands and all tributary streams. The Erosion and Sediment Control Handbook describes
                    and promotes erosion control practices such as vegetated filter strips. The Stormwater Management Law
                    encourages the use of constructed wetlands and filter strips to treat and control runoff. Agricultural cost share
                    incentives are available for woodland buffer strips, stream protection, grass filter strips, and stabilization of
                    marsh filter strips.
    A
















                    September 1995
                                                                         XVII








                                                                                                        Execu6ve Summary


                 S treambank and Shoreline Erosion


                 A. Eroding Streambanks and Shorelines            Meets

                 Virginia has a number of voluntary program, supported by cost-share financial incentives, which are intended
                 to stabilize eroding streambanks and shorelines. The Shoreline Erosion Advisory Service (SEAS) promotes
                 environmentally sound practices for shoreline stabilization and erosion control. Within the coastal zone
                 streambanks and shorelines are protected by CBPAs as described in the Chesapeake Bay Area Designation
                 and Management Regulations.












































                September 1995
                                                                   XVI








                                                                                                              Executive Summary



                    HYDROMODIFICAT)ON


                    Channelization and Channel
                    Modification



                    A- Physical and Chemical Characteristics
                      of Surface Waters                               Meets


                    Through the Joint Permit review process, the Department of Environmental Quality (DEQ) reviews the design
                    of all channelization/channel modification projects. Modeling of effects may be required if significant impacts
                    are expected.


                    B. Instream and Riparian Habitat
                      Restoration                                     Meets


                    Through the Joint Permit review process, DEQ reviews the design of all channelization/channel modification
                    projects and recommends or requires changes to minimize impacts to aquatic habitat. The. Submerged Lands
                    Management Program, administered by the Virginia Marine Resources Commission (VMRC), helps maintain,
                    improve, and evaluate instream and riparian habitat



                    Dams



                    A. Erosion and Sediment Control                   Meets


                    Dam construction projects disturbing greater than 10,000 square feet are required to develop an erosiion and
                    sediment control plan. The Dam Safety Act requires that all dams greater than 25 ft- and a storage volume
                    of 50 acre/feet have an Operations and Maintenance Plan. The Joint Permit review process also requires such
                    projects to comply with the Erosion and Sediment Control Law.



                    B. Chemical and Pollutant Control                 Meets


                    The Virginia Water Protection Permit (VWPP) program prohibits the contamination of state waters. The
                    Chesapeake Say Area Designation and Management Regulations and state erosion and sediment control
                    BMPs help prevent the migration of toxic substances.


                    C. Protection of Surface Water Quality
                     and Instrearn and Riparian Habitat              Meets
                    Virginia Water Protection Permit issued for dam const'ruction by DEQ can require implementation of BMPs to
                    lessen the impact of impoundments upon water quality. When appropriate, fish passage systems are made
                    a condition of the permit



                    September 119,95
                                                                       XV










                                                                                                  Executive Summary



                F. Public Education                           Meets

                The Boater Safety and the Marina Education Programs provide outreach programs to educate the public
                regarding pollution prevention and proper waste disposal.


                G. Maintenance of Sewage Facilities           Meets

                This management measure is met through the Virginia Department of Health's Virginia Sanitary Regulations
                for Marinas and Boat Moorings.


                H. Boat Operation                            Partially Meets

                No Wake Zones" are not being used to protect shallow water habitat in Virginia; however, such designations
                are made based on safety considerations.






































             September 19.95
                                                              XIV









                                                                                                                   Execufive Summary

                     F. Fueling Station Design                            Meets

                     The Virginia Water Protection Permit requires fuel spill contingency plans for all new marinas with fuel facilities.
                     The discharge of oil into or upon state waters, lands, or storm drains is prohibited by law (Article i I Secton 62.1
                      44.34 of the Code of Virginia)


                     G. Sewage Facility                                   Meets

                     Virginia Water Protection Permit Regulations for new and expanding marinas require purnpaut or dump
                     facilities, depending upon marina size. The Virginia Department of Hlozzlth's Virginia Sanitafy Regulations for
                     Marinas and Boat Moorings require all marinas and boat moorings to obtain a permit to con-stuct and operate
                     on-site sanitary facilities, pump-out facilities, and sewage dump stations.


                     Marina and Boat Operation and Maintenance



                     A. Solid Waste                                      Meets

                     The Virginia Marine Resource Commission's (VMRC) marina siting criteria address solid waste disposal and
                     require a solid waste recovery plan. Virginia's Solid Waste Management Regulations require disposal of solid
                     waste in an approved solid waste disposal facility and prohibit the disposal of solid waste into waters of the
                     Commonwealth.



                     B. Fish Waste -                                     Partially Meets

                     Virginia's Solid Waste Management Regulations prohibit the improper disposal of solid waste. However,
                     existing programs do not meet management measure requirements, because they do not address fish waste
                     management


                     C. Liquid Material                                  Meets

                     The Virginia Water Protection Permit Regulations prohibit the improper disposal of harmful liquid material and
                     require the proper transfer, storage, and handling of such material. The Office of Litter Prevention and
                     Recycling facilitates the recycling of liquid material.



      J              D. Petroleum Control                                Meets


                     The Virginia Water Protection Permit Regulations prohibit bilge dumping. The discharge of oil into or upon state
                     waters, lands, or storm drains is prohibited by law (Article 11, Section 62.1 - 44.34 of the Code of Virginia).


                     E. Boat Cleaning                                   Meets

                     The Virginia Water Protection Permit Regulations prohibit in-water boat cleaning and direct dumping into waters
                     of the Commonwealth.


                     September 1995
                                                                           X111










                                                                                                             Exectkive Summary



                  MARINA AND BOAT OPERATION


                  Siting and Design


                  A. Marina Flushing                                 Meets

                  The Virginia Marine Resource Commission's (VMRC) marina siting criteria address marina flushing. All
                  proposed marinas and boat moorings must submit a joint permit application, tyl:)ically such facilities require a
                  Virginia Water Protection Permit (VWPP) and a Submerged Lands and Tidal Wetlands Permit.


                  B. Water Quality Assessment                        Meets

                  The Virginia Water Protection Permit and Submerged Lands and Tidal Wetlands Permit require water quality
                  assessments as a part of marina siting and design approval.


                  C. Habitat Assessment                              Meets

                  The Submerged Lands and Tidal Wetlands Permit program specifically protects tidal wetlands and shellfish
                  resources, the Virginia Water Protection Permit program requires surveys for endangered species, anadromous
                  fth, submerged aquatic vegetation, wetlands, and shelfth. Within the coastal zone, the Chesapeake Bay Area
                  Designation and Management Regulations further protect habitat designated as Chesapeake Bay Preservation
                  Areas.



                  D. Shoreline Stabilization                         Meets


                  The Shoreline Erosion Advisory Services (SEAS) program inspects sites and provides technical advise
                  regarding ecologically sensitive shoreline stabilization practices. Virginia Water Protection Permit Regulations
                  and the Submerged Lands and Tidal Wetlands Permit regulations require that specific shoreline stabilization
                  methods be identified by permit applicants.



                  E. Storm Water Runoff                              Meets


                  All proposed marinas and boat moorings must submit a joint permit application, typically such facilitie s require
                  a Virginia Water Protection Permit (VWPP) and a Submerged Lands and Tidal Wetlands Permit. Although
                  state regulations do.not specify an 80% reduction in total suspended solids state program requirements,
                  collectively, udequately address stormwater runoff at new and expanding marina facilities. Virginia Marine
                  Resource Commission's (VMRC) siting criteria stipulate that boat maintenance facilities shall include plans to
                  collect and remove maintenance by-products before they reach adjoining waterways.








                  September 1995




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







                                                                                                    Executive Summary

                 F. Runoff Systems                               Meets

                 Virginia's Stormwater Management Regulations include provisions which can help remediate flooding or water
                 quality problems. Stormwater management programs are optional for localites.'but are required for state
                 agencies.


























































               September 1995
                                                                  X1










                                                                                                           Exectifive Summary


                 Roads, Highways, Bridges


                 A. Planning, Siting, and Developing
                     Roads and Highways                             Meets

                 The Chesapeake Bay Preservation Area Designation and Management Regulations address all of the
                 requirements of this management measure. Additionally, the Erosion and Sediment Control Regulations
                 require cut and fill slopes to be designed and constructed to minimize erosion and the Stormwater Management
                 Regulations encourage localities to consider nonstructural stormwater management controls. Through an
                 interagency coordination process, the Virginia Department of Transportation's (VDOT) allows state agencies
                 to identify potential environmental concerns early in the development process.


                 B. Bridges                                         Meets

                 The programs listed forthe Planning, Sfting, and Developing Roads and Highways management measure also
                 apply to this management measure. In addition, the Virginia Water Protection Permit (VWPP) program
                 encourages the use of fugitive dust control and collection systems for sand blasting associated with bridge
                 construction projects. The VWPP program limits the physical impact of bridges upon state waters and
                 wetlands.



                 C. Construction Projects                           Meets

                 The requirements of the Erosion and Sediment Control Law and Regulations are applicable statewide and meet
                 the requirements of this measure. Within the coastal zone, the Chesapeake Bay Preservation Area Designation
                 and Managornent Regulations provide restrictions which exceed management measure requirements.


                 D. Construction Site Chemical Control              Meets


                 Regulations adopted pursuant to the Virginia Pesticide Control Act Virginia's Solid Waste Management
                 Regulations, the State Water Control Law, and the Virginia Occupational Safety and Health program collectively
                 manage toxic substances and material associated with construction sites. The Chesapeake Bay Preservation
                 Area Designation and Management Regulations and the Erosion and Sediment Control Law and Regulations
                 address nutrient applications. VD07s road and bridge specifications also address this measure.


                 E. Operation and Maintenance                      Meets

                 Virginia meets the roqtfirements of this management measure through operation and maintenance procedures
                 outlined in the following documents: Chesapeake Bay Preservation Area Designation and Management
                 Regulations, the Erosion and Sediment Conti-ol Hand5ook, and Virginia Department of Transportation Road
                 and Bridge Specfficadons.







                 September 1995
                                                                      X










                                                                                                                Executive Summary

                    Preservation Area Designation and Management Regulations and the Erosion and Sediment Control Law and
                    Regulations address nutrient applications.



                    Existing Dev      elopment

                    A. Existing Development                             Meets

                    The Stormwater Management Regulations encourage localities to develop watershed management plans.
                    Wthin the existing coastal zone, the Chesapeake Bay Preservation Area Designation and Management
                    Regulations include water quality improvement requirements for redevelopment of urban areas.


                    Onsite Disposal Systems

                    A. New -Onsite Disposal Systems                     Partially Meets

                    Virginia Department of Health Regulations establish criteria for the construction and operation of onsite disposal
                    systems, and include provisions for siting, monitoring, and maintenance. The minimum required separation
                    distance between the seasonal water table and the bottom of the soil absorption trench may not provide
                    adequate water quality protection. However, regulations currently under development would address this
                    concern. The Unified Statewide Building Code requires certain water conserving plumbing fixtures. The
                    Chesapeake Bay Preservation Area Designation and Management Regulations require a disposal system
                    pump-out every five years and require provisions for a reserve sewage disposal site.


                    B. Operating Onsite Disposal Systems                Meets

                    Virginia Department of Health Regulations establish criteria for the construction and operation of onsite disposal
                    systems, adequate maintenance and monitoring requirements have been established for discharging systems.
                    but there are no requirements for the routine inspection of conventional septic systems beyond the
                    requirements associated with lending institutions. Within the coastal zone, the Chesapeake Bay Preservation
                    Area Designation and Management Regulations require disposal system purrip-out every five years.


                    Pollution Prevention


                    A. Pollution Prevention                            Meets

                    Pollution prevention and education programs are currently in place which address the requirements of this
                    measure. The following state agencies support pollution prevention activities: the Chesapeake Bay Local
                    Assistance Department, the Department of Agriculture and Consumer Services, the Department of
                    Conservation and Recreation, the Department of Environmental Quality, the Virginia Department of Health, the
                    Virginia Cooperative Extension Service, and the, Virginia Department of Transportation.







                    September 1995
                                                                          Ix









                                                                                                                Executive Summaty


                  URB  AN AREAS


                  Urban Runoff



                  A. New Development                                   Meets

                  Virginia has several programs which address urban runoff, however, none of these programs specifically
                  address total suspended solids. The Chesapeake Bay Preservation Area Designation and Management
                  Regulations, applicable within the coastal zone, seek to prevent an increase in nonpoint source pollution
                  resulting from new development Virginia's Erosion and Sediment Control Law establishes minimum standards
                  for erosion and sediment control statewide. The Stormwater Management Act enables localities to address
                  changes in stormwater runoff caused by new development but local stormwater programs are optional.

                  B. Watershed Protection                              Meets

                  Chesapeake Bay Preservation Area Designation and Management Regulations require local           ities to review and
                  revise their comprehensive plans and zoning and subdivision ordinances to address the quality of state waters.
                  Outside the existing coastal zone, watershed protection programs are voluntary. Throughout Virginia, the
                  Erosion and Sediment Control Law enables localities to require conservation plans for areas subject to
                  persistent soil erosion.


                  C. Site Development                                  Meets

                  The Chesapeake Bay Preservation Area Designation and Management Regulations directly address all of the
                  requirements of this management measure. Virginia's Erosion and Sediment Control Regulations, applicable
                  statewide, require cut and fill slopes to be designed and constructed to minimize erosion and include
                  requirements when working in watercourses. The Stormwater Management Regulations encourage localities
                  to consider nonstructural measures, such as minimizing impervious surfaces and protecting wetlands, steep
                  slopes, and vegetation.


                  Construction Activities



                  A. Construction Site E & S Control                  Meets

                  The requirements of the Erosion and Sediment Control Law and Regulations are applicable statewide and meet
                  the requirements of this measure. Within the coastal zone, the Chesapeake Bay Preservation Area Designation
                  and Management Regulations provide restrictions which exceed management measure requirements.



                  B. Construction Site Chemical Control               Meets

                  Regulations adopted pursuant to the Virginia Pesticide Control Act, Virginia's Solid Waste Management
                  Regulations, the State Water Control Law, and the Virginia Occupational Safety and Health Program
                  collectively manage toxic substances and material associated with construction sites. The Chesapeake Bay


                  September 1995
                                                                        Vill










                                                                                                     Execqtive Summary

                    G. Fire Management                                  Meets

                    BMPs for prescribed burning and wildfire suppression and rehabilitation are described in DOF's Fornstry Best
                    Management Practices for Water Quarity in Virginia. Proper burning techniques are, recommonded for all forest
                    operations. Wildfire suppression is coordinated by DOF, local fire departments, and federal agencies.


                    H. Revegetation of Disturbed Areas                 Meets

                    Department of Forestry BMPs encourage revegetation of bare soil to minimize erosion and sedimentation
                    resulting from silvicultural operations. In addition to DOF's BMP program, DOF staff conduct routine site
                    inspections and enforce the Sivicultural Water Quality Law.



                    I. Forest Chemicals                                Meets


                    The Virginia Department of Agriculture and Consumer Services administers tile Virginia Pesticide control
                    Program which regulates pesticide use. DOF administers an aerial spray program which helps minimize the
                    impacts of pesticide use on surface waters.



                    J. Wetlands Forest                                 Meets

                    DOF's Forestry Best Management Practices for Water Quality in Virginia provides detailed guidance on
                    silvicultural practices which should be applied to wetland forests. In addition to DOF's BMP program, DOF staff
                    conduct routine site inspections and enforce the Silvicultural Water Quality Law.




























                 September 1995
                                                                        VII
 








                                                                                                           Executive Summary


                  FORESTR



                  A, Preha"est Planning                             Meets

                  In Virginia, preharvest planning is voluntary and is encouraged through a variety of incentive programs. The
                  Department of Forestry (DOF) enforces the Silvicultural Water Quality Law which prohibits the pollution of
                  streams by excessive sedimentation resulting from silvicultural operations. DOF staff provide free preharvest
                  planning services to loggers and landowners.


                  B. Streamside Management Areas                    Meets

                  DOF's voluntary best management practices (BMPs) program promotes strearnside management practices
                  which meet the requirements of the measure. The measure is further supported by routine site inspections and
                  enforcement of the Silvicuttural Water Quality Law by DOF staff. Within Tidewater, the Chesapeake Bay
                  Preservation Area Designation and Management Regulations also encourage strearnside management areas.


                  C. Road Construction/Reconstruction               Meets

                  DOF's voluntary BMP program encourages loggers to locate, design, and construct roads which minimize
                  adverse impacts to water quality and aquatic habitat In addition to DOFs BMP prog   ram, DOF staff conduct
                  routine site inspections and enforce the Silvicultural Water Quality Law.


                  D. Road Management                                Meets

                  DOFs voluntary BMP program encourages proper log road management, including, maintenance of drainage
                  systems, road closure and revegetation- In addition to DOF's BMP program, DOF staff conduct routine site
                  inspections and enforce the Silvicultural Water Quality Law.


                  E. Timber Harvesting                              Meets

                  The BMPs included in DOF's Foresty Best Management Prac6ces for Water Quality in Virginia promote proper
                  timber harvestrig practices. In addition to DOFs BMP program, DOF staff conduct routine site inspections and
                  enforce the Silvicultural Water Quality Law.


                  F. Site Preparation and Forest
                    Regeneration                                    Meets

                  The BMPs included in DOFs Forestry Best Management Practices for Water Quality in Virginia encourage
                  mechanical planting on contour during favorable weather conditions, discourage disturbances in strearnside
                  management areas, and describes eight site preparation and forest regeneration practices. In addition to
                  DOF's BMP prograrn, DOF staff conduct routine site inspections and enforce the Silvicultural Water Quality
                  Law. The Virginia Seed Tree Law addresses reforestation of pine and pine-hardwood tracts harvested in
                  Virginia.



                  September 1995








                                                                                                        Executive Sufflfn2y

                  plan, prepared in accordance with Virginia Cooperative Extension's integrated Pest Managernont Progiram.
                  Approximately 80% of all land within Tidewater is classified as a Chesapeake Bay Prese(vation Area.
                  Implementation of the nutrient management plan is required when a landowner or firi-nor s@ce@s a reduction
                  in the required 100 foot buffer. The Virginia Pesticide Control Act and Regulations meets some of the
                  management measure requirements.


                  E. Grazing Management                           Meets

                  The Chesapeake Bay Preservation Area Designation and Management Regulations requires all agricultural
                  land in water quality-targeted areas (Chesapeake Bay Preservation Areas) to have a soil and water
                  conservation plan, prepared in accordance with the Natural Resources Conservaton SeiNtice's FOTG.
                  Approximately 80% of ail land within Tidewater is classified as a Chesapeake Bay Preservation At-ea.
                  Implementalion of range and pasture components of the Conservation Management System (CMS) is required
                  when a landowner or farmer seeks a reduction in the required 100 foot buffer.


                  F. Irrigation Water Management                  Meets

                  Because agricultural irrigation is not widespread in Virginia, it is not considered to be a significant water quality
                  problem. Virginia has programs which address chernigation management. Surface and Ground Water
                  Withdrawal Permits also limit water withdrawal for agricultural ir6gation within portions of the coastal zone.































                September 1995
                                                                    V











                                                                                                                Execufive Summ


                                 VIRGINIA COASTAL NONPOINT SOURCE POLLUTION CONTROL PROGRAM


                                                      Management Measure Summary




                   AGRICULTURE



                   A. Erosion and Sediment Control                      Meets


                   The Chesapeake Bay Preservation Area Designation and Management Regulations require that all agricultural
                   land in water quar"rgeted areas (Chesapeake Bay Preservation Areas) have a soil and water conservation
                   plan which meets the standards outlined in the Natural Resources Conservation Service's Field Operations and
                   Technical Guidance (FTOG). Approximately 80% of all lands within 7idewater is classified as a Chesapeake
                   Bay Preservation Area. Implementation of the conservation plan is required when a landowner or farmer seeks
                   a reduction in the required 100 foot buffer.


                   B1. Confined Animal Management                       Meets

                   Virginia meets the Management Measure for Facility Wastewater and Runoff from Confined Animal Facility
                   Management (Large Units) through the Virginia Pollution Abatement (VPA) Permit program. Facilities which
                   receive National Pollution Discharge Elimination System,(NPDES) permits are exempt from the requirements
                   of this measure..



                   132. Confined Animal Management                      Meets

                   Virginia meets the Management Measure for Facility Wastewater and Runoff from Confined Animal Facility
                   Management (Small Units) through the VPA Permit program. Facilities which receive NPDES permits are
                   exempt from the requirements of this measure.


                   C. Nutrient Management                              Meets

                   The Chesapeake Bay Preservation Area Designation and Management Regulations require that all agricultural
                   land in water qual"rgeted areas (Chesapeake Bay Preservation Areas) have a soil and water conservation
                   plan which meets the standards outlined in the Department of Conservation and Recreation's Nutrient
                   Management Handbook. Approximately 80% of all land within Tidewater is classified as a Chesapeake Bay
                   Preservation Area. Implementation of the nutrient management plan is required when a landowner or farmer
                   seeks a reduction in the required 100 foot buffer.


                   D. Pesticide Management                             Meets

                   The Chesapeake Bay Preservation Area Designation and Management Regulations require all agricultural land
                   in water quality-targeted areas (Chesapeake Bay Preservation Areas) to have a soil and water conservation


                   September 1995
                                                                          IV









                                                                                           Exectidve Summaty

                measure requirements. Through a process known as Threshold Review, EPA and NOAA
                provided feedback regarding state programs which address the federal guidance. Virginia
                has responded to these comments in this program submission.


                Program Submission

                In addition to developing a response to threshold review comments from NOAA and EPA,
                the following program elements have been developed: (1) a determination of the Section
                6217 management area; (2) a description of the administrative framework which will be
                used to coordinate activities of involved agencies; (3) a description of-technical assistance
                programs which address nonpoint source pollution co@trol and costal resource                 s
                management; (4) a description of water quality monitoring and tracking efforts needed to
                demonstrate water quality improvements; and, (5) an implementation plan- to address
                areas of noncompliance.


                Program Submission Summary

                The following is a summary of findings for each source category specified in the Federal
                guidance.

                For agricultural sources of nonpoint pollution, Virginia's existing programs address the
                management measure requirements within the 6217 management area (existing coastal
                zone).

                The Department of Forestry addresses compliance with the management measures
                -specified for forestry operations through its voluntary best management practices (BMP)
                program and enforcement authority provided by the Silvicultural Water Quality Law.

                Virginia has several programs which address nonpoint source pollution in urban areas.
                Although, program requirements do not always match the specified management
                measures, from a practical standpoint, they achieve the same results.

                The Commonwealth's existing programs address most of- the management measures
                specified for marina and boat operations, hydromodifications, and wetland and riparian
                areas.


                For each management measure, a concise discussion has been prepared which highlights
                the applicability of existing state programs. The program summary also indicates if
                existing state programs meet the specified management measure.

                September 1995






   .J










                                                                                        Execufive Summary

               U. S.  Environmental Protection Agency (EPA). The guidance recommends that states
               implement 55 management measures to control a variety of sources of pollutants.
               Management measures are defined in Section 6217(g)(5) as:

                      "...economically achievable measures ... which reflect the greatest degree of pollutant reduction
                      achievable through the application of the best available nonpoint pollution control practices,
                      technologies, processes, siting criteria, operating methods, or other alternatives.*

               In order to develop a federally approved program, states must support these management
                 easures with enforceable policies or mechanisms such as laws, regulations, or executive
               orders that will ensure successful implementation. Generally, program development and
               m

               management measure guidance developed by EPA and NOAA provides coastal zone
               states with considerable flexibility in program development recognizing that circumstances
               vary from state to state.


               Program Planning and Development

               Since April of 1993, Virginia has been planning and developing a coastal nonpoint source
               pollution control program which would meet the requirements of Section 6217. The
               Department of Conservation and Recreation (DCR), the state's lead nonpoint source
               agency, has coordinated program development efforts with the help of a number of
               cooperating state agencies,

               Public participation has been invited throughout the program planning and development
               process. A number of public meetings and presentations have been held to provide
               concerned citizens with information about program requirements and to receive their
               comments. At the request of the Secretary of Natural Resources, an Ad Hoc Advisory
               Committee was created to provide a broader forum for public participation.

               Federal guidance divides sources of nonpoint source pollution into five categories:
               agriculture, forestry, urban areas, marina and boat operations, and hydromodifications.
               The guidance also specifies management measures for wetlands and riparian areas.
               Work groups were formed for each category to facilitate a comparison between existing
               state programs and the management measures required by Section 6217. Work group
               findings were compiled in a threshold review report which was submitted to NOAA and
               EPA in May of 1994 and form a basis for this Coastal Nonpoint Source Pollution Control
               Program submission.

               This Program submission contains an analysis of existing state programs and identifies
               differences that may exist between these state programs and Section 6217 management

               September 1995














                                                         EXECUTIVE SUMMARY



                            Virginia Coastal Nonpoint Source Pollution Control Progrti-m

                                                               developed pursuant to


                             Section 6217 of the Coastal Zone Act Reauthorization Amendn)ents



                   Introduction

                   In 1990, Congress reauthorized the Coastal Zone Management Act.                         Section G217 of the
                   Coastal Zone Act Reauthorization Amendments (CZARA) contains provisiooss that require
                   states with federally approved coastal resources management programs to develop, Coastal
                   nonpoint source pollution control programs to address sources of nonpoint pollution which'
                   degrade coastal water quality or face the loss of federal grant funds.
    --J
                   Section 6217 of CZARA defines nonpoint source pollution as:

                            --- pollution of our nation's waters caused by rainfall or snowmelt moving over and through the
                            ground. As the runoff moves, it picks up and carnes away natural pollutants and pollutants
                            resulting from human activity, finally depositing them into lakes, rivers, wetlands, coastal
                            waters and ground waters."

                   Both     the biological and economic productivity of                coastal and estuarine waters is
                   threatened by increases in nonpoint source pollution.                       Coastal waters are natural
                   resources which are vital fdr the well being of Virginia and the nation and controlling
                   nonpoint source pollution is vital for protecting the well being of Virginia's coastal waters.

                   According to program guidance the central purpose of Section 6217 is:

                            "to strengthen the-links between Federal and state coastal zone management and water
   A                        quality programs in order to enhance state and local efforts to manage land use activities that
                            degrade coastal waters."
   J.              Federal guidance for coastal nonpoint source pollution control programs has been
                   developed jointly by the National Oceanic and Atmospheric Administration (NOAA) and the


                   September 1995


















                                           -hitroduction












                                                   CHAPTERI


                                                INTRODUCTION


                  Coastal Nonpoint Source Pollution Control Program Submission


              Federal Guidance and State Program Planning and Development

              In 1990, Congress reauthorized and amended the Coastal Zone Act. Section 6217 of
              the amendments requires 'that states with approved Coastal Resource Management
              Programs develop and implement coastal nonpoint source pollution control programs.
              The statute seeks to strengthen federal and state efforts to manage sources-of nonpoint
              source pollution that degrade water quality and adversely affect coastal habitats.
              Coastal nonpoint source pollution control programs are intended to be -implemented
              through changes to existing state nonpoint source and coastal resource management
              programs. Virginia's nonpoint source and coastal resource management programs are
              administered bythe Department of Conservation and Recreation and the Department of
              Environmental Quality. Virginia's coastal nonpoint source pollution control program will
              be implemented'within the existing coastal zone boundary.

              Section 6217 is jointly administered by the Environmental Protection Agency (EIPA) and
              the National Oceanic and Atmospheric Administration' (NOAA). NOAA and EPA are
              responsible for assisting states with development of state programs in conformity with
              technical and program approval guidance. In addition they are responsible for approving
              programs submitted pursuant to this statute.

              This program submission describes how existing state coastal resources management
              and nonpoint source pollution control programs address the Guidance Specifling
              Management Measures for:Sources of Nonpoint Pollution in Coastal Waters issued
              under authority of the Section 6217(g) of the Coastal Zone Act Reauthorization
                                                              tate programs has been undertaken to
              Amendments (CZARA). A review of existing s4
              determine what programmatic changes are necessary to implement a coastal nonpoint
              source pollution control program in Virginia. Based on this review and comments
              received from NOAA and EPA through threshold review, it is the Commonwealth of
              Virginia's position that existing state programs address all but three of the 56
              management measures specified in the federal guidance. In order to bring Virginia into
              compliance with Section 6217, programmatic and, or statutory changes have been
              determined to be necessary for the following areas:

              (1)   New Onsite Disposal Systems Management Measures: Existing state programs

              Septemoer 1995                                                                      1-1










                                                                                                                Introduction


                            do not fully meet requirements for a minimum separation distance between
                            disposal system components and ground water.
                   (2)      Fish Waste Management Measure: Existing state statues that make it illegal to
                            throw, or d  ump waste into waters of the Commonwealth, exclude fish waste.
                   (3)      Boat Operation Management Measure: Exisfing statutory' authorities do not
                            address the potential impact of boating operation in shallow water habitat areas.

                   These program gaps will need to be addressed before Virginia can be determined to be
                   in full compliance with Section 6217. Consequently, the Commonwealth of Virginia is
                   seeking conditional program approval in order to provide additional time to determine the
                   significants of these sources of nonpoint source pollution and what steps may be needed
                   to close these program gaps.

                   What is Nonpoint Source Pollution?

                   The term "nonpoint source pollution" is derived from language in the Federal Water
                   Pollution Control Act of 1972, hereafter referred to as the Clean Water Act (CWA) which
                   defines "point source" pollution. Point source pollution is released from discrete "points"
                   such as pipes, ditches, and channels. "Nonpoint source pollubon" generally refers to all
                   water pollution not defined as point source pollution, including pollution emanating from
                   diffuse sources, such as construction sites and agricultural activities.                                             tj
                   EPA guidance issued       ' under Section 6217 of the Coastal Zone Act Reauthorization
                   Amendments (CZARA) has defined nonpoint source pollution as follows:

                   "Nonpoint pollution is the pollution of o& nation's waters caused by rainfall or snowmelt moving over and
                   through the ground. As the runoff moves, it picks up and carries away natural pollutants and pollutants
                   resulting from human activity, finally depositing them into lakes, rivers, webands, coastal waters, and
                   ground waters (EPA Guidance, p. 1-5)."

                   Nonpoint source pollution il generated by a variety of land use and land disturbing
                   activities. Nonpoint source pollution consists of sediments, nutrients, bacteria, and toxics
                   which degrade water quality. Nonpoint source pollution can damage riparian and coastal
                   ecosystems, reduce the biological productivity of state waters, contaminate shellfish
                   beds, and threaten drinking water supplies. Nonpoint source pollubon is a significant
                   limiting factor in attaining the    fishable and swimmable goals of the Clean Water Act.
                   Significant reductions of nonpoint source pollution can often be achieved through the
                   application of best management practices prescribed by Section 6217 guidance.





                   S75ptember 1995                                                                                   1-2











                                                                                                  Intmduction


                Nonpoint Source Pollution Problems in Virginia?

                The Clean Water Act set a national goal of "water quality which provides for the
                protection and propagation of fish, shellfish, and wildlife and provides for recreation in
                and on the water  ....... The CWA requires states to submit water quality assessments, or
                305(b) reports, which characterize the current condition of state waters and describe
                progress being made to attain the nation's water quality goals.

                In the 1992 305(b) report, the Department of Environmental Quality assessed           18,000
                miles of Virainia's 54,905 miles of rivers and streams. DEQ summarized the findings of
                this assessment, as follows:

                "in summary, of the almost 18,000 miles for Virginia's rivers and strearnsthat were
                assessed for this report, 80% were found to fully support their designated uses, about
                14% partially support the uses, while 6% do-not support these uses. In estuarine waters,
                78% of the 3,080 square miles assessed fully support, 20% partially support, and 22% do
                not support designated uses. All 120 coastal shore miles were evaluated to fully support
                overall uses. The sizes of these three of waterbodies that fully, partially, or do not
                support the CWA fishable and swimmable goals were also reported. Numerous causes
                and sourc--s of use impairment were discussed. Among these, fecal coliform bacteria,
                pesticides (especially Kepone), and metals were the most extensive causes of
                impairment of rivers, while nutrient enrichment most affected estaurine waters.
                Agriculture and pasture land were major sources of pollutants to rivers and streams. A
                number of impairment sources were noted for estaurine waters, with "the greatest O-mount
                of impact reported in the Chesapeake Bay and the lower James River Basin." (1992
                Virginia 305(b) Report, p.3.1-18)

                Virginia's coastal resources are of enormou     s value. The Chesapeake Say and its
                tributaries comprise one of the nation's most productive estuaries. The Virginia Marine
                Resources Commission (VMRC) has estimated the 1990 total dockside commercial sale
                of fish and shellfish in Virginia to be over 74 million dollars. Clearly, the Chesapeake Bay
                and Virginia's other coastal resources represent a valuable economic asset, support
                Virginia's growing tourist industry, and provide irreplaceable recreational opporltunibes-

                However, pollutants from both point and nonpoint sources have already significantly
                affected the productivity of Virginia waters. A number of monitoring stations across the
                state have reported fish tissue samples containing levels of toxic substances which
                exceed EPA trigger values; The Department of Health, Division of Shellfish Sanitation
                has condemned or seasonally condemned 102,710 acres of productive waters. Shellfish
                and several finfish species harvests have been dramatically reduced-due to wz:@cr quality


                Seprember 1995                                                                         1-3










                                                                                              Introduction


               degradation and habitat loss.

               Virginia's Nonpoint Source Pollution Control Efforts

               Several state agencies are involved in a cooperative effort to reduce nonpoint source
               pollution in the Commonwealth of Virginia. These agencies include:

                                       tment of Conservation and Recreation (OCR);
                      1)     the Depart

                      2)     the Chesapeake Bay Local Assistance Department (CBLAD);

                      3)     the Department of Environmental Quality (DEQ);

                      4)     the Virginia Marine Resource Commission (VMRC);

                      5)     the Department of Forestry (DOF).

               In addition, the Commonwealth has undertaken     other initiatives to address sources of
               coastal nonpoint source pollution, perhaps the most significant of which is the
               Chesapeake Say Agreement.

               Program Coordination Requirements Under Se     ction 6217

               The coastal nonpoint source pollution control program is closely coordinated with
               Virginia's overall nonpoint source program under Section 319 of the Clean Water Act.
               Management of both program'is undertaken by the Department of Conservation and
               Recreation, Division of Soil and Water Conservation. Staff works closely to integrate
               both programs as well as those under the Chesapeake Bay restoration program also
               managed by the Department. Support for development of the Section 6217 program was
               provided by agency staff represented an the Nonpoint Source Advisory Committee which
               also provides support to the Section 319 program. The integration of the programs
               within the same Department has assured close coordination of program development.


               The Department of Conservation and Recreation

               The Department of Conservation and Recreation's mission is to conserve Virginia's
               natural and recreational resources. 'Through a combination of education, technical
               assistance, and financial incentives, the Department of Conservation and Recreation,
               Division of Soil and Water Conservation promotes conservation practices which reduce


               Septemoer 1995                                                                     1-4






                                                                                               Intmduction'


               agricultural runoff. The Department also works with land owners and local officials to
               reduce nonpoint source pollution from urban areas.

               The Department of Conservation and Recreation (DCR) has been designated the lead
               nonpoint source pollution control management agency for the state. Working in close
               cooperation with the state's coastal resource management agency (the Department of
               Environmental Quality), the Department of Conservation and Rec,reation in coordinating
               the planning and development of a coastal nonpoint source pollution controf prooram.

               In accordance with Section 319 of the Clean Water Act, the Department of Conservation
               and Recreation, Division of Soil and Water Conservation prepares a statewide nonpoint
               source pollution control management plan, based on data contained in Virginia's 305(b)
               report.  This management plan consists of two documents, the Nonpoint Source
               Pollution Watershed Assessment Report and the Nonpoint Source Management
               Program ImPlementation ReporL These documents describe Virginia's efforls to control
               and reduce nonpoint source pollution, to protect water quality, and attain national water
               quality standards and goals established in the Clean Water Act.



               Chesajoeake Bav Local Assistance Deoartment

               The mission of the Chesapeake Bay Local Assistance Department is to protect the
               Chesapeake Bay and its tributaries from pollution caused'by the use and development
               of land.    To achieve this mission, the Department serves the citizens of the
               Commonwealth by working in partnership with local governments to implement programs
               to protect and improve water quality, while supporting a healthy economy.

               The Chesapeake Bay Local Assistance Department provides technical' assistance to
               Tidewater localities regarding the regulations and requirements of the Chesapeake Bay
               Preservation Act. Tidewater.Virginia includes eighty-nine localities which border on tidal
               waters. The Chesapeake Say Preservation Act requires localities within Tidewater to
               designate and protect Chesapeake Say Preservation Areas (CBPAs) and to incorporate
               water quality protection measures into comprehensive plans and local ordinances.



               Department of Environmental Qualit

               The mission of 'the Department of Environmental Quality's Water Division is to ensure
               Virginia's Coastal Resource Management Program (VCRMP), which was approved by
               NOAA in 1986, links regulatory programs which help manage and            protect crit  ical


               Septemoer 1996










                                                                                                Introduction


                resources. Core regulatory programs include the following:

                        1)     Fisheries Management.
                        2)     Subaqueous Lands Management
                        3)     Wetlands Management.
                        4)     Dunes Management.
                        5)     Nonpoint Source Pollution Control.
                        6)     Point Source Pollution Control.
                        7)     Shoreline Sanitation.
                        8)     Air Pollution Control.



                Virainia Marine Resources Commission


                The Virginia Marine Resources     -Commission is responsible for managing the-use of
                Virginia's submerged land, tidal wetlands, and coastal primary sand dunes. These
                programs protect critical coastal resources and are core components of Virginia's
                Coastal Resource Management Program. Through technical assistance and permit
                approval, VMRC protects coastal water quality and habitat.'



                Department of Fores

                                      ment of Forestry (DOF) is the lead state agency for the
                The Virginia Depart'
                implementation of forestry nonpoint source pollution control programs. DOF nonpoint
                source programs stress voluntary best management practices (BMPs) to achieve
                sediment reduction and other nonpoint source pollution control goals. This BMP
                program is complemented by the Virginia Silvicultural Water Quality Law which gives
                DOF enforcement authority to require corrective action to protect state waters.



                Chesapeake Bay Program

                In 1987, Virginia, Maryland, Pennsylvania, the District of Columbia, EPA, and the
                Chesapeake Bay Commission signed a new Bay agreement containing goals and priority
                commitments in six areas: living resources, water quality, population growth and
                development, public information/education/parLicipation, public access, and governance.
                This agreement consists of three goals: (1) to provide flor the restoration and protection
                of the living resources, their habitats and ecological relationships; (2) to support and
                enhance the present comprehensive cooperative and coordinated approach toward


                September 1995                                                                       1-6











                                                                                                   introduction


               management of the Chesapeake Bay system; and, (3) to provide for continuity of
               management efforts and perpetuation of commitments necessary to ensure long-term
               results. To achieve these goals, two strategies have been employed: a basin wide
               nutrient reduction strategy and a basin wide toxic reduction strategy.

               In August 1992, the Executive Council of the Chesapeake Bay Program agreed to a
               tributary approach to Bay restoration efforts. Virginia is in the process of developing
               nutrient reduction strateg  les to protect the health of its tributaries to. the Chesapeake
               Bay. Section 6217 of 'the Coastal Zone Act Reauthorization Amendments provides an
               opportunity to complement these initiatives and to build upon past accomplishments.





                                             BACKGROUND DISCUSSION


               Federal guidance developed under Section 6217(g) of CZARA was issued             in January
               of 1993 by N0.4A and EPA. The guidance specifies management measures for
               nonpoint source pollution affecting coastal waters. These measures are intended to
               help control n.onpoint source pollution from new and existing sources through the use
               of economically achievable management practices. Management measures are
               specified for: agriculture, forestry, urban development, marina and recreational boat
               operation, and shoreline modification activites. Measures have also been developed
               to protect wetlands and riparian areas. Management measures are defined in
               Section 6217(g)(5) as:

               ... konomically achievable measures for the control of the addition of pollutants from existing and
               new categories and classes of nonpoint sources of pollution, which reflect the greatest degree of
               pollutant reduction achievable through the application of the best available nonpoint pollution control
               practices, technologies, processes, siting critefia, operating methods, or other alternatives.

               Federal guidance requires these measures to be implemented to control significant
               sources of nonpoint source pollution that affect coastal waters. States can employ
               both regulatory and voluntary programs to ensure implementation of the measures,
               although voluntary programs must include some- form of state enforceable authority.
               Federal guidance also encourages the use of alternatives and market-oriented
               incentive mechanisms such as pollution trading to help achieve POIILjtion control. The
               guidance provides states with considerable flexibility in determining how best to
               comply with the specified management measures.

               Federal guidance encourages states to develop and implement coastal nonpoint


               Sepremoer 1995                                                                           1-f











                                                                                                Introduction



                 source pollution control programs which build upon existing state nonpoint source
                 pollution and coastal resource management programs. Developr@ent of a stand alone
                 coastal nonpoint source pollution control program is not expected by NOAA and EPA.


                 The Commonwealth has until July 1995 to develop and submit a program flor
                 approval by NOAA and EPA. NOAA and EPA are required to evaluate the progress
                 of States and territories in developingr coastal nonpoint source pollution control
                 programs, and grant conditional or final approval by January 1996. Full
                 implementation of the specified management measures is required by 2004.
                 However, if water quality monitoring indicates that water quality problems remain,
                 additional management measures will need to be developed and implemented by
                 2609.

                 As specified in Section 6217(c)(3) and (4), failure to develop an approvable program
                 will result in penalties in the form of reductions in grant funds under Section 306 of
                 the Coastal Zone Management Act and Section 319 of the Clean Water Act.
                 Penalties would start at 10 percent in FY 1996 and increase to 30 percent in F    'Y 1999
                                              ter. Section 319 grant penalties would be based an the
                 and each fiscal year thereaft
                 grant award lor.the preceding year.

                 Program Coordination

                 Section 6217 requirements for administrative coordination include identification of
                 state, regional, and local agencies that will develop and implement the coastal
                 nonpoint source pollution control program. In addition, a description of mechanisms
                 that will be employed by the agencies to ensure effective coordination (for example,
                 memoranda of understanding, statutory ch   'anges, or interagency advisory committees)
                 of the program is required. A detailed description of cooperating agencies must also
                 be submitted to NOAA and EPA.


                 Several state agencies in Virginia administer programs which protect coastal
                 resources and water quality. The Virginia Coastal Resource Management Program,
                 administered by the Department of Environmental Quality (DEQ), is a network of
                 environmental programs which manage critical coastal resources. The Virginia
                 Nonpoint Source Pollution Control Program, administered by the Department of
                 Conservation and Recreation (DCR), is a core component of the Virginia's Coastal
                                                                               Lh
                 Resource Management Program and       is coordinated through 1- e Nonpoint Source
                 Advisory Committee. The committee is comprised of state and federal agencies
                 involved in nonpoint source pollution control management.


                 September 1995                                                                       1-8











                                                                                            Introduction


              In Virginia, planning and development of a coastal nonpoint source pollution control
              program has been coordinated 'through the Ad Hoc Advisory Com      -mittee and through
              work groups formed for each source category of nonpoint source pollution identified
              in the Section 6217 (g) guidance. The work groups included staff from state
              agencies which administer programs applicable to the specified management
              measures, planning district commissions, and interested citizen organizations.
              Meetings have been held with certain planning district commissions, local
              governments, and soil and water conservation districts.

              Public Participation

              Extensive public involvement and close administrative coordination are specific
              requirements for program approval by EPA and NOAA. The guidance specifically
              requires that a schedule for public participation be prepared, and that funding for
              public participation be identified. Pubic participation must also provide for public
              education and target regulated or affected interest groups.

              At the direction of Virginia's Secretary of Natural Resources, Department of
              Conservation and Recreation (DCR) staff formed an Ad Hoc Advis6ry Committee to
              hel.p ensure that citizen organizations and planning district commissions have an
              opportunity to participate in the planning process. DCR staff also held informational
              meetings with local governments and planning district commissions, of committees of
              the Virginia Association of Soil and Water Conservation Districts and interested
              citizen organizations, such as the Virginia Poultry Federation and the Chesapeake
              Bay Foundation. In addition, public meetings focusing on the agricultural provisions
              of the guidance were held in Waynesboro, Warrenton, and 'Nest Point.

              Interested citizen organizations have been participating in work groups and on the Ad
              Hoc Advisory Committee. This participation has ensured ongoing public involvement
              in the assessment and deveJopment of a coastal nonpoint source pollution control
              program. To -ensure involvement in the program planning and development process,
              public informational meetings were held in 'the -fall of 1993. Additional public
              meetings are planned during "the program development process and prior to program
              implementation. Public meetings will also be held prior to any legislative changes
              that may be required.

              Educational information regarding Section 6217 has also been included in newsletters
              and other publications, such as, the Coastal Newsletter, Water News, and
              Grassroots. These articles describe program requirements and discuss what actions
              the Commonwealth is taking to address coastal nonpoint source pollution.


              Sepremoer 1995











                                                                                               Introduction



                 Program Planning Process

                 As the designated lead nonpoint source pollution control management agency. (Code
                 of Virginia Section 10.1 - 104.1), the Department of Conservation and Recreation
                 (DCR) has coordinated the Commonwealth of Virainia's efforts to respond to Section
                 6217. Working in close cooperation with the Department of Environmental Quality
                 (the state coastal resource management agency), DCR has coordinated a review of
                 the federal guidance and an assessment of how existing state programs address the
                 management measures specified in the federal guidance.

                 As previously noted, work groups were formed for each source category to facilitate
                 the review of federal guidance and assessment of state'programs. Source categories
                 include: agriculture, forestry, urban areas, marina and recreational boating, and
                 hydromodification. Participation of state agency staff and citizen interest groups in
                 these workgroups has helped to. ensure that the federal guidance has been
                 accurately reviewed and interpreted and that applicable state programs have been
                 identified and assessed.


                 Information regarding geographic scope, applicability, and statutory authority of
                 programs has been collected through agency comments received during work group
                 meetings, interviews with agency personnel, and program work sheets. After relevant
                 information regarding agency programs was collected, work groups analyzed how
                 well all applicable state policies and mechanisms addressed each management
                 measure. Work groups have completed review of applicable state programs and this
                 report reflects the findings of these work-groups. In addition to information collected
                 through agency participation in work groups, agency heads have been requested to
                 review and comment on work group findings.

                 Threshold Review


                 To help states develop coastal nonpoint source pollution control programs, NOAA and
                 EPA created an optional planning process known as threshold review. The process
                 is intended to provide feedback to states as they are developing coastal nonpoint
                 source pollution control programs before substantial effort has been expended.

                 An assessment of how existing state programs address the management measures
                 specified in the federal guidance is a'key step in the threshold review process.
                 Threshold review allows states to determine what programmatic changes are
                 necessary to implement a coastal nonpoint source pollution control program.



                 September 1995                                                                     1-10



                                                            - --- - ----- -









                                                                                      Introduction


              Threshold review of Virginia's programs was held December 13 and 14 in Richmond.
              This review meeting involved representative from cooperating state agencies and
              staff from NOAA and EPA. Threshold review comments were received from NOAA
              and EPA on. !\/12rch 27, 1995. A coordinated repsonse to these comments was
              prepared  by state agencies and is included in the appendices to 'thi's program
              submittal.


              Program   Development and Implementation

              Following NOAA and EPA review of this program submittal, a plan will be developed
              to determine what steps will be needed to bring the Commonwealth into full
              compliance with Section 6217. This plan will include specific information regarding
              the programmatic and statutory changes needed to bring the Commonwealth into full
              compliance and a program development and implementation schedule.

              Section 6217 Management Area

              Virginia plans to implement a coastal nonpoint source pollution control program within
              the coastal zone management area. The existing coastal zone management area
              includes all of Tidewater Virginia as defined in Section 62.1-13.2 of the Code of
              Virginia. Although this geographic area does not extend inland as far as NOAA's
              recommended management area, it covers a significant geographic area and
              provides a sufficient area to meet the objectives of the program. The map on page
              1-13 depicts the management area boundary.

              Preliminary Findings

              Preliminary findings of this report indicate that Virginia has already established
              numerous programs to help control nonpoint source pollution. Existing programs and
              initiatives may meet of many the management measures specified in the federal
              guidance.

              Report Structure

              This report reflects the findings of work groups, committees, and research by
              Department of Conservation and Recreation staff. Each of -the following chapters of
              this report includes the management measures specified for each source category, a
              brief desciription of applicable state programs, and a compliance discussion which
              summarizes how all applicable programs address each specified management
              measure. The analysis considers how well existing state programs address. the


              SepremDer 1995










                                                                                         Introduction



               specified management measure both within the existing coastal zone boundary and
               within the recommended 6217 management area.

               The findings of work groups formed -for each source category are summarized in
               tables which have been developed for each nonpoint source category included in the
               federal guidance.  Matrices prepared for each source category depict which state
               programs apply to the specified management measures.

               While the analysis focuses on state enforceable programs, certain federal and local
               programs are also  discussed. Because Section 6217 guidance requires state
               enforceable policies and mechanisms, the discussion of federal and local programs is
               not comprehensive.



































              Septemoer 1995                                                                  1-i2















                                Implementation plan




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













                                                   CHAPTER 2

                                          Implementation Plan

                         Coastal Nonpoint Source Pollution Control Program



              This chapter describes actions the Commonwealth of Virginia plans to tlake- to implement
              a coastal nonpoint source pollution control program under Section 6217 bf the Coastal
              Zone Act Reauthorization Amendments of 1990.            Specifically, this plan-describes
              strategies for each source category that would help bring the Commonwealth into-
              compliance with the federal guidance issued under Section ^0217.

              Agricultural Management Measures

              In their threshold review comments, the National Oceanic and Atmospheric
              Administration (NCAA) and U.S. Enivironmental Protection Agency (EPA) noted Virginia
              has a well-developed agricultural water quality program within the designated coastal
              zone, However, comments indicate there may,be a need for broader implementation         of
              our programs within the management area. The comments also pose numerous
              questions regarding implementation of various programs such as the Chesapeake Bay
              Preservation Act and the Virginia Pollution Abatement Permitting Program.

              The questions raised by NOAA and EPA in their threshold review comments have been
              addressed by Virginia (see Appendices to this document). Therefore, we believe Virginia
              fully complies with the agricultural management measures specified in the federal
              guidance. However, an agricultural water quality law would strengthen Virginia's existing
              programs and help ensure program compliance with the agricultural management
              measures.


              To develop an agricultural water quality law for consideration by the Virginia General
              Assembly, state agencies plan to work with 'the agricultural community to develop a law.
              The Law should target farm owners and operators who refuse to implement management
              practices to control known sources of nonpoint source pollution.



              Forestry Management Measures

              September 1995                                                                    2-1









                                                                           Program Implementation Plan


                 NOAA and EPA state that Virginia's Silvicultural Water Quality Law in conjunction with
                 the Forestry Best Management Practices Manual provide a sound-basis for addressing
                 the forestry management measures. The majority of their threshoid review comments
                 -were related to acquiring additional information regarding our experience in implementing
                 the law. This information is provided in Virginia's response to their threshold review
                 comments. Additionally, DOF is in the process of revising a guidebook for loggers under
                 a Section 319 grant.    This revised loggers guide will stress the need for pre-h   'arvest
                 planning and should strengthen the Commonwealth's forestry water quality programs.


                 Urban Management Measures

                 In their threshold review comments, NOAA and EPA requested additional information
                 regarding existing state programs which address urban sources of nonpoint source
                 pollution. In particular, they requested additional information regarding how existing
                 programs could be used to address program compliance gaps identified in our threshold
                 review report.

                 Subsequent to submission of the threshold review report, Virginia completed a two year
                 legislative subcommittee study to evaluate, among other things, existing criteria for water
                 quality measures in stormwater management facilities, and state programs applicable to
                 the specified management measures. As a result, we believe that we are much closer
                 to full program compliance with 'he urban management measures than we originally
                 believed when the threshold review report was completed. In preparing our response
                 to the threshold review comments, we have attempted to provide a better description of
                 how existing programs address the specified management measures. We believe this
                 additional information should satisfy most concerns and questions raised by NOAA and
                 EPA. One notable exception involves an acknowledged program gap in meeting the
                 New Onsite Disposal management measure. The issue involves the separation distance
                 between disposal system cbmponents and groundwater. If adopted, the proposed                        iL
                 revisions to the Sewage Handling and Disposal regulabons will correct this
                 acknowledged problem. and should bring the Commonwealth into compliance with this
                 measure.



                 Marina and Boat Operation Management Measures

                 NOAA's and EPA's threshold review comments indicate that Virginia's existing programs
                 address most of the management measure specined in the federal guidance. In
                 particular, they note 'that our permitting programs address the marina siting and design


                 September 1995                                                                    2-2









                                                                           Program lp7plementat-on Plan


               management measures quite well. However, they requested additional detail regarding
               program implementation and applicability for certain management.measures.

               The additional information provided in our response to 'the threshold review comments
               address most of the questions raised by NOAA and EPA, and fhe staff believes that
               Virginia is largely In compliance with the specified management measures. However,
               for the Fish Waste and Boat Operation management measures we only partially address
               the program requirements.

               With respect to the Fish Waste management measure, we have a specific exemption in
               the Code of Virginia for disposal of fish and crab bait. We could substantially address
               this issue through pollution prevention and public education. However, to provide a state
               enforceable policy, we would need to change the exemption for disposal of fish and crab
               bait.  These exemptions were no doubt created to avoid an onerous burden on
               recreational and commercial fishing and because disposal of this biodegradable waste
               was not deemed to be a significant water quality problem. Consequently, a proposal to
               eliminate this exemption could meet with public opposition. Nevertheless, where fish
               waste disposal is resulting in water quality degradation, such as at marinas, elimination
               of this exemption may be justified.

               Virginia partially addresses the Boat Operation management me    asure through the marina
               siting criteria. The issue involves boat operation in sensitive shallow water habitat areas.
               Virginia law allows for designation of a "no wake" zone for safety considerations but not
               for the protection of shallow water habitat. To 'fully comply with this management
               measure, Virginia would need to develop an approach to protect these areas. An
               investigation to determine where boat operations are having an adverse imnact on these
               types of areas will,be completed. If a significant problem was to be identified, new
               statutory authority would likely be required to provide a mechanism for protecting these
               areas.



               Hyd ro modification and Wetland Management Measures

               In their threshold review comments regarding the Hydromodification and Wetland
               management measures, NOAA and EPA requested additional information to determine
               if Virginia's programs fully meet the specified management measures.

               While the staff has attempted to provide additional information about 'the applicablity of
               state programs to the specified management measures, there remains some confusion
               regarding the intent of the management measures. As a consequence, NOAA and EPA


               September 1995                                                                      2-3









                                                                           Program Implementation Plan


                could conclude that Virginia's existing programs do not fully address all of the specified
                management measures. In particular, NOAA and EPA may1find th.at Virginia programs
                do not fully address the Channelization and Channel Modification management
                measures.


                In order to strengthen our program submittal and help ensure compliance with these
                measures,   an investigation will be undertaken to evaluate the nature and extent of
                nonpoint sourc-e pollution problems associated with existing hydromodification    projects.
                The investigation will also evaluate alternatives to address any identified problems.

































               September 1995                                                                     2-4














                    Management measures
                            for agr[culture






                                                            AgricultPral Management Measures



                                                                                         E          Q' 5  P4    .2  52-E       E
                                                                                                                               W           W           E

                                                                                                    (n E        tn  IE                                              d)
                                                                                                                               5                                    (U
                                                                                                       g                                   ai                     M r-
                                                                                                    -:@14=                                 Tj                       M
                                                                                         V)            0
                                                                                         2-            C  E           E                                           E
                                                                                         W                                     z
                                                                                                    OL          LL M           z                       0


                                    Chesapeake Bay Preservation Act                       X                                    X           X           X
                                  Agricultural GMP Cost Share Program                     X            X                       X                       X
                                       Virginia Income Tax Credits                        X                                    X           X                      X
                                       Virginia Land Use Taxation                         X                                                            X

                              Virginia Pollution Abatement Permit Progrsm                              X            X          X

                                     Nutrient Management Program                                                               X
                             Va. Sewage Handlingand Disposal Regulations                                                       X

                               Surface & Groundwater Withdrawnl Perniffs                                                                                          X

                                  integrated Pest Managemprit Program                                                                      X
                                      Virginia Peslicloe Control Act                                                                       X                      X
                                 Plants & Plant Products Inspection Law                                                                    X
                                            Virghils Pest Law                                                                              X
                                     Virginia Cooperative Extension                                                                        X
                                  Virginia Water Withdrawal Reporting                                                                                             X
                                                                                                                         6
                                                                                                                                                        September '1995









                                               State Progiarm Review for Agricultural Nlanagement Measures


                   programs. The matrix       an the following page identifies which State Crograms apply to
                   each of 'the management measures. This chapter details the specifi@ requirements of
                   each management measure and describes applicable State 'programs. . These
                   descriptions focus on various aspects of programs 'that apply 'to the specified
                   management measures. A table at 'the end of this section summarizes how well state
                   programs address the agricultural management rneasures within the 6217 management
                   area.


                   Virginia's agricultural nonpoint source pollution control programs have made strides in
                   addressing nonp*oint source pollution. Virginia's efforts in 'the Chesapeake Bay region
                   are a model for programs in other states and countries. Virginia fully meets the
                                                                                                          i
                   management measures for erosion and sediment control, nutrient management, pest cide
                                                                  i 'he coastal zone boundary. I lirginia also
                   management, and grazing management within t               L                    V I
                   I            Lh                                 I
                   lully meets ' e management measure for facHity wastewater and runoff from confined
                   animal facility management (large and small units) and for irrigation water management
                   within 'the 6217 management area.

                   For each management measure the Agricultural Work Group has evaluated how well
                   state programs comply with the federal guidance based on: (1) spec.;T-IC management
                   measure requirements or performance standards, and (2) enforceable policies or
                   mechanisms.


                   PROGRAM ASSESSMENT BY MANAGEMENT MEASURE

                   Each of the specified management measures for agriculture is identified and discussed
                   in the section which follows. The management measures are presented as they appear
                   in the program guidance issued by EPA and NOAA. For each management measure
                   'the applicable pro                                                                     U J=
                                     gram descriptions are listed alphabetically and grouped together by the
                   -agency which administers them. In the compliance section which follows these
                                                                        0 the relative importance of each of
                   descriptions, more consideration has been civen t
                   'the individual programs.

                   This chapter identifies 'the requirements of each management measure, provides a brief
                   program description of applicable state programs, and includes a discussion of how well
                   these programs comply with 'the requirements of each management measure. Program
                   descriptions are not comprehensive; rather, they focus on-asaects of state programs
                   applicabie to- 'the specified management measures.          The management measure
                   compliance discussion describes coordination between state programs and surnmarizes.
                   how well st@te programs meet management measure requirements.




                   Sepre                                                                                 3-4









                                        State Program Review for Agricultural Management Measures


                      Highly Erodible Land (HEL), who are also receiving USDA program benefits, must
                      implement a conservation system which reduces erosion to the level of an
                      Alternative Conservation System (ACS). These requirements are specified in the
                      FOTG. HEL determinations are initiated by a request from the landowner or
                      operator at the time they request USDA program benefits. Implementation of
                      conservation systems is enforced through program reviews and spot checking
                      termed status reviews. Less than 5% of all plans spot checked have been found
                      not actively applying required conservation systems. Virginia has not s@o6ght to
                      duplicate federal enforcement efforts for non point source pollution control in
                      areas of the state where HEL acreage is significant.

                      Animal waste control facilities and grazing systems may also be implemented in
                      conservation systems. Public Law 534 and ACP provide financial (cost-share)
                      assistance to landowners to implement waste storage and proper utilization
                      practices designed to improve waste and pasture management and water quality
                      on a voluntary basis.    Funds provided are tied to technical assistance and
                      implementation assistance from USDA, SCS. SCS and ASCS, in Virginia, are
                      currently working with Virginia Cooperative Extension to develop a "Grazing Lands
                      Conservation Initiative" which will accelerate implementation of grazing
                      management practices to improve the resource base and water quality. This
                      effort will target areas with large concentrations of livestock and will be
                      implemented through new ACP practices designed to achieve total resource
                      management.

              Work Group Assessment. Process

              Since June, 1993, the Agricultural Work Group has been comparing existing agricuitLffal
              nonpoint source pollution control programs of the Commonwealth of Virginia with the
              Management Measures and program requirements included in Coastal Zone Act
              Reauthorization Amendments (CZARA) guidance documents issued by Environmental
              Protection Agency (EPA) and National Oceanic and Atmospheric Administration (NOAA).
              The Agricultural Work Group includes representatives from the Department of
              Conservation and Recreation, Chesapeake Bay Local Assistance Department,
              Department of Environmental Quality, Department of Health, Virginia Department of
              Agriculture and Consumer Services, and Virginia Cooperative Extension. The USDA Soil
              Conservation Service, Virginia Farm Bureau Federation and Chesapeake Bay
              Foundation also participated in this work group.

              This assessment of state agricultural nonpoint source pollution control programs, was
              produced using information collected through work group meetings, interviews with state
              agency staff, review of existing regulations, and work sheets completed for applicable


              September , 1155                                                                    3-8









                                            State Program Review for Agricultural Management Me asures


                         Cooperative Extension.

                 Surface and Ground Water Withdrawal Pennits


                         The Surface and Ground Water Wifthdrawal Permits program limits water
                         withdrawal from surface and ground water sources in designated manaqement
                         areas. Two groundwater management areas have been established in Virginia:
                         the Eastern Shore and Tidewater. Designation of a surface water rnanagernent
                         area is pending.    This program will limit 'the amount of water available fnr
                         irrigation. Permit holders will be required 'to monitor and report withdrawal
                         quantities. Failure to report will be a permit violation.


                Virginia also relies  on local and. federal programs to implement agricultural       nonpoint
                source pollution abatement:

                         Zoning ordinances in   several major poultry producing counties require nutrient
                         management plans for poultry operations. Counties which currently have such
                         ordinances include: Rockingham, Shenandoah, Cumberland, Rockbridge, and
                         Highland. Three of the localities require nutrient management plan approval by
                         the local soil and water conservation district prior to the issuance of a building
                         permit for poultry facilities. Local government programs, adopted independent of
                         state oversight, address local needs, but are not generally enforceable at the
                         state level. Enforcement is the responsibility of individual counties.

                         Any discussion of agricultural nonpoint source pollution control. in Virginia  would
                         be incomplete without including the contributions of the USDA Soil Conservation
                         Service (SCS) and Agricultural Stabilization & Conservation Service (ASCS).
                         USDA programs provide direct support to Virginia's water quality control efforts
                         through technical and financial assistance to soil and water conservation districts;
                         voluntary watershed projects such as Public Law 566 and Public Law 534; the
                         Agricultural Conservation Program (ACP), cost-share; Water Quality Improvement
                         Projects; and Farm Bill activities. SCS provides technical assistance for erosion
                         control, nutrient management, pest management, grazing management, and
                         irrigation water management. All agricultural water quality programs in Virginia,
                         which require soil conservation planning as a program component or permit
                         requirement, are assisted in some way by USDA personnel, guidelines such as
                         the Soil Conservation Service's FOTG, or other technical publications.

                         The 1985 and 1990 Farm Bills, Food Security Act (FSA) and Food, Agriculture
                         Conservation and Trade Act (FACTA) respectively, require that all farmers with


                September 199,5                                                                         3-7









                                          State Program Review for Agricultural Management Measures


               Plants and Plant Products Inspection Law

                       Under the Plants and Plant Products Inspection Law, each nursery in Virginia is
                       subject to an inspection for plant pests at least annually during which all evident
                       pests in the nursery's stock as well as the level of infestation is noted. Treatment
                       is either recommended or required based on the degree of infestation. Treatment
                       is ordered only for economic benefit or for control of dangerous plant.,pests.
                       Integrated pest management is utilized to the extent practicable and as'required
                       by product labelling. Violation of the Plants and Plant Products Inspection Law
                       can result in seizure of plant stock by the Commissioner and is a Class 1
                       misdemeanor.



               Virginia Pollution Abatement Pennit Program

                       The Virginia Pollution Abatement (VPA) Permit Program regulates animal feeding
                       operations (AFOs). AFO may not discharge wastewater or runoff into state
                       waters in amounts up to a 25 year 24 hour storm event. This restriction on AFOs
                       implies that, for each facility, an approved treatment works confines both runoff
                       and wastewater. VPA Permits issued 'to any facility with greater than 1000 AU
                       require a nutrient management plan approved by the Department of Conservation
                       and Recreation. A plan may also be req    'uired, at the discretion of the Department
                       of Environmental Quality, for any operation less-than or equal to 1000 AU having
                       liquid waste. When a nutrient management plan is required, it is enforceable
                       through implementation reporting and required monitoring of animal waste and
                       sludge characteristics. A site speCITIc nutriant management plan is required for
                       general permits. Groundwater monitoring at the land application site can be
                       required also..


               Virginia Sewerage Regulations

                       The Virginia Sewerage Regulations require sludge owners to have a sludge
                       management plan which covers treatment and quality control of residuals. Sludge
                       owners who are not generators must have an operational plan. A sludge
                       management plan can include a site-specffic operational plan which addresses all
                       management measure components. Land application sites are permitted under
                       the VPA Permit program based on site-specific technical evaluations in
                       accordance with the Sewerage Regulations and technical guidance for best
                       professional judgement. Application rates are developed based on estimated c,,Op
                       yields, as established through the Land Grant Universities and Virginia


              Sepremoer 1995                                                                          2-6









                                           State Program Review for Agricultural Man   agement Measures


                Virginia Pest Law

                        The Virginia Pest Law is intended to keep certain plant pests, such as gypsy
                        moth, fire ant and brown snail from entering or becoming a problem in the
                        Commonwealth due to their highly noxious nature. For pests not yet established
                        in Virginia this program contains emergency response activities.


                Virginia Pesticide Control Act

                        The VA Pesticide Control Act and the regulations promulgated under its authority
                        have the effect of implementing in Virginia the Federal Insecticide, Fungicide and
                        Rodenticide Act (FIFRA) as well as providing to the Virginia Pesticide Control
                        Board (Board) additional powers relating to regulating pesticide use. Under the
                        authority of the Act and FIFRA,' the Board has promulgated regulations
                        establishing certain mandatory programs, including Pesticide Applicator
                        Certification and Pesticide Business Licensing, as well as establishing voluntary
                        programs, such as the Pesticide Disposal Program and 'the Pesticide Container
                        Recycling. Program. Under the authority of FIFRA and in agreement with EPA,
                        the Board's staff will enforce the Worker Protection Standard and will develop
                        pesticide management plans for groundwater. Collectively,- these programs
                        regulate who and how pesticides will be used in the state by -enforcing 'the federal
                        label requirements and Worker Protection Standard and requiring training and
                        licensing of individuals and businesses that apply pesticides. In addition, the
                        Certification and Licensing Programs' assure that pesticide users will have
                        appropriate training, provided in cooperation with Virginia Ccoperative Extension
                        on the principals *and practice of IPM. In addition to implementing FIFRA, the
                        Board has the power to ban or restrict the use of a pesticide based on its
                        potential to harm the environment. Pesticide labels provide the legal framework
                        for the use of the pr6duct. Under federal and Virginia law no product may be
                        used in a manner inconsistent with its label's requirements. Labels contain
                        information on application rates, timing of application, appropriate IPM practices,
                        other environmental concerns and can sometimes address calibration
                        requirements. Certain Virginia regulations require that application equipment be
                        in good working order and properly calibrated. Furtherm ore, -these regulations
                        require the use of back-flow preventers to protect water supply systems, lakes,
                        other sources of water or other materials. Violafion of these regulations triggers
                        enforcement under the authority of the Act. Violations of the Virginia Pesticide
                        Control Act can result in revocation or suspension of licenses and or assessment
                        of penalties.



               Septemner 199-5                                                                        3-5








                                              State Program Review for Agricultural Management Measures'


                          nutrient management techniques; and, assist farmers in soil nitrate testing,
                          manure testing, and nutrient applicator calibration.


                   Virginia A-gficultural BMP Cost-Share Program

                          The Virginia Agricultural BMP Cost-Share Program provides financial incentives
                          statewide to agricultural landowners and operators for the voluntary
                          implementation of approved best management practuces on crop and pasture
                          lands and animal feeding operations which improve water quality.               A soil
                          conservation plan, providing a level of treatment equivalent to an Alternative
                          Conservation System (ACS), and a Conservation Management System as defined
                          by the Virginia FOTG, must be in place odor to approval of cost sha. re funds.
                          Animal waste and certain cover crop practices require a nutrient management
                          plan, consistent' with DCR's Nutrient Management Program, as a practice
                          component.       Participant compliance with program practice maintenance
                          agreements is enforced through annual field audits- The current compliance rate
                          is 97% for audited practices.


                  Virginia Income    Tax Credits

                          Virginia income tax credits allow purchasers of no-till planters and no-till drills to
                          receive an income tax credit of up to $2500.00 annually, or 25% of equipment and
                          installation costs. Purchasers of approved advanced technolcgy pesticide and
                          fertilizer application equipment can receive an income tax credit of up to
                          $3750.00, or 25% of equipment costs; the purchaser must have an approved
                          nutrient management plan in place to be eligible for this 'Lax credit

                  Virginia Land-Use Assessme*nt Law
                                                                                                                           T
                          The Virginia Land-Use Assessment Law allows local ordinances which provide
                          landowners a special assessment tax rate for the preservation of agricultural,
                          horticultural, forest or open space lands.-In Virginia, 45 counties within the
                          recommended management area have ordinances for agricultural preservation
                          areas or districts. To qualify for agricultural or horticultural use, landowners must
                          certify that 'the land in question is beinci used in a planned program Of Soil
                          management and soil conservation practices.





                 Sapremoer 7 995                                                                          3-4








                                               State Program Review ficr Agricultural Management Measures*

      F
                            improperly used  or developed could lead to the degradation of an RPA. RPA's
                            include a minimum 100 floot-wide vegetated area (buffer.) along all perennial
                            streams, and wetlands and water bodies hydrologically connected to perennial
                            streams. Regulations require all agricultural land in locally-designated, water
                            quality-'targeted preservation areas in Tidewater Virginia 'to have a sail and water
                            quality conservation plan prepared in accordance with the =erosion component of
                            a Conservation Management System as defined by 'the United States Department
                            of Agriculture (USDA) Soil Conservation Service (SCS) Field Office Te;.@hnical
                            Guide (FOTG). Preservation area buffers can be grazed if management practices
                            are followed which ensure that the bufter vegetation retards runOTT, prevents
                            erosion and filters nonpoint source pollution from runoff.       Buffers must be
                            maintained to prevent any concentrated flow of surface water from breaching the
                            buffer. Soil and water quality conservation plans include a nutrient management
                            plan component consistent with Department of Conservation and Recreation's
                            (OCR) Nutrient Management Program and a pest management plan component
                            consistent with Virginia Cooperative Extension's (VCE) Virginia Integrated Pest
                            Management Program. Implementation of the soil and water quality conservation
                            plan is required when a landowner or farm operator wishes to secure a reduction
                            in the required 100 foot preservation area buffer.

      T,


                   Integrated Pest Management

                            The Integrated Pest Management Program utilizes       over 100  county extension
                            agents, area IPM agents (located in the Chesapeake Bay           waters1hed), and
                                     specialists, ' provide applied research, develop and or review voluntary
                            extension            to
                            and regulatory IPM plans, conduct educational programs for farmers, demonstrate
                            appropriate management techniques, train field. scouts, and assist farmers in
                            implementing pest management and pesticide applicator calibration.            V C E:_:
                            publishes an encyclol5edic Pest Management Guide, annually, in cooperation with
                            the States of Delaware and klaryfand, which provides state of the af*
                                                                                                 L information
                            on IPM and 'he use, handling and relative efficacy of commonly used pesticides
                            in Virginia.


                   Nutrient Management Program

                            The Nutrient Management Program utilizes statewide nutrient management field
                            specialists and program management personnel to develop and/or review
                            voluntary and regulatory nutrient management plans; conduct educational
                            programs for farmers fertilizer dealers, and consultants; demonstrate appropriate


                   Septemoer 19911:                                                                      3-3




     L



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









                                        State Program Review for Agricultural Management Measures


              threaten ground water supplies.

              Virginia's agricultural nonpoint source management plan goals include:

                            reducing nutrient loadings to the Chesapeake Bay and other river basins;

                            reducing erosion on crop and pasture lands by the implementation of
                            conservation plans;

                            implementing effective nutrient and pesticide management programs in
                            order to optimize agricultural benefits and reduce the potential for water
                            quality impacts;

                            providing effective educational, technical and financial assistance programs
                            which optimize voluntary implementation of best management practices
                            (BMPs);

                            researching the BMP effectiveness on reducing agricultural nonpoint
                            source water quality impacts on surface and ground waters and promoting
                            effective and economically feasible BMPs; and,

                            continuing develop mient of effective modeling and other tools to quantify
                            and track agricultural nonpoint source loadings and prioritize areas of the
                            state for agricultural nonpoint source control.

              In order to attain these goals, Virginia provides education and technical assistance
              through the Nutrient Management and Integrated Pest Management programs; local
              implementation of the agricultural requirements of the Chesapeake Bay Preservation Act
              Regulations; and, financial assistance through the Virginia Agricultural BMP Cost-Share
              Program.

              The following state programs specifically address agricultural nonpoint source pollution
              abatement in Virginia:


              Chesapeake Bay Preservation Area Designation and Management Regulations

                     Chesapeake Bay Preservation Area Designation and Management Regulations
                     require that IOC21 governments  designate Chesapeake Bay Preservatibn Areas.
                     These areas include Resource Management Areas (RMA's) and Resource
                     Protection Areas (RPA's). RMA's are locally-designated land features which if


              september 9,95                                                                       3-2













                                                        CHAPTER 3




                              Management Measures for AgriCUItUre




                Agriculture is a large and diverse industry in Virginia. It accounts for approximately 9
                million acres (30 percent) of Virginia's land use. Agricultural land uses within the existing
                coastal zone are predominated by row crop production of grains, forage, poanuis, cotton,
                and vegetables; pasture and hay production necessary for beef and dairy production; as
                well as, facilities for poultry, swine, beef, dairy, and equine operations; and ornamental
                nursery operations.      With the exception of peanut and cotton production, these
                agricultural land uses also occur within the portion of the recommended section 6217
                management area which lies outside the coastal zone. Livestock and poultry production
                supported by row crop forage, pasture and hay production are the predominant forms
                of agriculture in this area. Orchards and tobacco production are also common in this
                area. Vegetable production, on the other hand, occurs more firequently within the
                existing coastal zone 'than in other parts of the state.

                According to the 1992 305(b) Virginia Water Quality Assessment, crop and pasture land
                and other agricultural activities were the largest sources of pollutants causing non-
                attainment of designated water uses in Virginia's rivers. Agriculture is the largest source
                of nonpoint source pollution aue to the amount of acreage devoted to this land use. '11-he
                Virginia Nonpoint Source Pollution Watershed Assessment Report indicates that 'the
                pollution potential is greatest where agricultural activities occur on highly erodible soils,
                in areas of intensive crop and pasture production, and in areas of intensive livestock and
                poultry production. Nonpoint source pollution typically associated with agriculture include
                nutrients, sediment, animal wastes, salts, and pesticides. These pollutants can escape
                crop fields and livestock production areas and enter surface and around water systems.
                These pollutants can have a negative impact on aquatic plant life, reduce dissolved
                oxygen, clog water treatment system filters, and weaken or destroy aquatic vertebrates
                and invertebrates and their habitat. Human use of the water becomes affected as a
                result of excessive aquatic plant growth, increased turbidity, damaged fisheries and
                wildlife habitat. Nonpoint source pollution associated with agricultural activities can also


                SepreMber 1995                                                                          3-1









                                           State Program Review for Agricultural Management Measures



               A.      EROSION AND SEDIMENT CONTROL MANAGEMENT MEASURE


                       Apply the erosion component of a Conservation Management System
                       (CMS) as defined in the Field Office Technical Guide of the I.I.S.
                       Department of Agriculture - Soil Conservation Service (FOTG) to minimize
                       the delivery of sediment from agricultural lands to surface waters, or

                       Design and install a combination of management and physical practic-es
                       to settle the settleable solids and associated pollutants in runoff delivered
                       from the contributing area for storms of up to and including a 10-year, 24-
                       hour frequency.

               Aoolicabilitv.- EPA guidance (EPA-840-8-92-002) states: "This management measure is intended to be
               applied by States to activities that cause erosion on agricultural land and on land converted from other
               uses to agricultural lands. Agricultural lands include: -cropland; irrigated cropland; range and pasture;
               orchards; permanent hayland; specialty crop production; and nursery crop production."


               Applicable State Programs

               Chesapeake Bay Local Assistance Department

                       Chesapeake Bay Preservation Act
                       (Sec. 10.1-2100, et seq. of the Code of Virginia)
                       Chesapeake Bay Preservation Area Designation and Management Regulations
                       (VR 173-02-01)

                       The Chesapeake Bay Preservation Act (CBPA) program implements the
                       management measure by requiring all agricultural land in locally-designated, water
                       quality-targeted preservation areas to have a soil and water quality conservation
                       plan, prepared in accordance with the erosion component of a Conservabon
                       Management System as defined by the Field Office Technical Guide (IFOTG).

                       At the present time, implementation of soil and water quality conservation- plarTs
                       is required when a landowner or farm operator wishes to. secure a reduction in the
                       required vegetated buffer.

                       The program is administered through county and municipal zoning or other land
                       use ordinances in the coastal plain region of Virginia (Tidewater) with oversight
                       from the Virginia Chesapeake Bay Local Assistance Department. The program
                       covers the Chesapeake Bay drainage area portion of the coastal zone bc'undary.

              September 1995                                                                               3-11








                                           State Program Review for Agricultural Management Measures


                        Within Tidewater, localities were required to designate as preservation areas
                        lands which are considered environmentally significant with respect to water
                        quality. To that end, preservation areas are jurisdiction-wide in some localities and
                        only cover portions of others. The Chesapeake Say Local Assistance Department
                        estimates that approximately 80 % of all lands within Tidewater Virginia are water
                        quality-targeted preservation areas.


                Department of Conservation and Recreation

                        Agricultural BMP Cost-Share Program
                        (Sec. 10. 1 -500, et seq. of the Code of Virginia)

                        This well-accepted incentive program assists in the implementation of the
                        management measure by requiring that a soil conservation plan, providing a level
                        of treatment equivalent to an Alternative Conservation System, a CMS as defined
                        by the Virginia FOTG, be in place prior to approval of cost-share funds.

                        The program is locally administered through soil and water conservation        districts
                        with Department of Conservation and Recreation oversight and tracking.

                        As a result of this program,1,586 crop and pasture land BMPs were installed in
                        the Chesapeake Bay Basin during the 1992 program year. The average cost-
                        share payment per BMP was $613-49 (68% of the average total cost). Participant
                        compliance with program practice maintenance agreements is enforced through
                        annual statewide field audits. The current compliance rate is 97% for randomly
                        audited practices.


               Virginia Department of Taxation

                        Virginia Income Tax Credit   (Sec. 58.1-432, et seq. of the Code of Virginia)

                        Although this program does not specifically implemeritthe management measure,
                        it does" assist in the implementaticri by encouraging producers to own the
                        appropriate equipment. Purchasers of no-till planters and no-till drills can receive
                        an income tax credit of up to $2500.00 annually, or 25% of equipment and
                        installation costs.


                        This popular incentive program was designed to complement voluntary program
                        efforts.



               September 1995                                                                             3-12









                                        State Program Review for Agricultural Management Measures



                      Virginia Land Use Assessment Law
                      (Sec. 58.1-3229, et seq. of the Code of Virginia)

                      Land Use Assessment ordinances implement         the management measure by
                      providing landowners a special assessment tax rate for the preservation of
                      agricultural or horticultural lands. Land Use Assessments are available when the
                      land in question is being used in either "a planned program of soil management
                      and soil conservation practices," such as a conservation plan developed by
                      USDA, SCS personnel in accordance with the FOTG, or when the land is
                      "...devoted to and meeting the requirements and qualifications for payments or
                      other compensation pursuant to a soil conservation program...," such as the
                      Agricultural Stabilization and Conservation Service commodity programs.

                      Definition of a Ifplanned program of soil management and soil conservation
                      practices" is the responsibility of the local ordinances.    Depending on 'the
                      ordinance, "a planned program" may or may not apply the erosion component of
                      a CMS. Plans required under the 1985 and 1990 Farm Bills for USDA benefits,
                      including the commodity programs, meet the management measure through the
                      application of a CIVIS as defined by the Virginia FOTG. These plans are required
                      by 'the Land Use Assessment Law when land is qualified under the second item
                      in the above paragraph.



              MANAGEMENT MEASURE COMPLIANCE:


              Virginia programs collectively meet the requirements of the management measure within
              Virginia's coastal management zone.

              The planning requirement lr@the CBPA has the effect of applying a CMS on 80 percent
              of the agricultural land in Tidewater. These are the land types that could have the most
              significant impacts on water quality.


              Bland 82. MANAGEMENT MEASURE FOR FACIL17Y WASTEWATER AND
                            RUNOFF FROM CONFINED ANIMAL FACILITY MANAGEMENT


              (LARGE UNITS)

                      Limit the discharge from the confined animal facility to surface waters by:



              September 1995                                                                      3-13









                                         State Program Review for Agricultural Management Measures


                      (1)    Storing both the facility wastewater and the runoff from confined
                             animal facilities that is caused by storms up to and including a 25-
                             year, 24-hour frequency stonn. Storage structures should.

                             (a)    Have an earthen lining or plastic membrane lining, or
                             (b)    Be constructed with concrete, or
                             (c)    Be a storage tank,

                      and
                      (2)    Managing stored runoff and accumulated solids from the facility
                             through an appropriate waste utilization system.

               Acolicabilitv: EPA guidance (EPA-840-8-92-002) states: 'This management measure is intended for
               application by States to all new facilities regardless of size and to all new or existing confinedfanimal waste
               facilities that contain the fallowing number of head or more:"


                                                  Head       Animal Units
               Beef Feedlots                       300           300
               Stables (horses)                    200           400
               Dairies                             70              98
               Layers or Broilers                15,000          150 (liquid manure.sys.)
                                                                 495 (continuous overflow watering)
               Turkeys                           13,750         2,475
               Swine                              200            80


               "...except those Facilities that are required by Federal regulation 40 CrFR 122.23 to apply for and receive
               discharge permits." "A confined animal facility is a lot or facility (other than aquatic animal production
               facility) where the following conditions are met Animals (other than aquatic aninials) have been, are, or
               will.be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period,
               and crops, vegetation forage growth, or post-harvest residues are not sustained in the normal growing
               season over any portion of the lok or facility."



               (SMALL UNITS)

                     Design and implement systems that collect solids, reduce contaminant
                     concentrations, and reduce runoff to minimize the discharge of
                     contaminants in both facility wastewater and in runoff that is caused by
                     storms up to and including a 25-year, 24-hour "requency storm.
                     Implement these systems to substantially reduce significant increases in
                     pollutant loadings to ground water.

                     Manage stored runoff and accumulated solids from the fo'ci&I through an

               September 1995                                                                   34 4








                                                 State Program Review for Agricultural Management Measures


                         appropriate waste utilization system.

                Aoolicability: EPA guidance (EPA-840-8-92-002) states: "This management              measure is intended for
                application.by States to all existing confined animal waste facilities that contain the following number of
                head or more:"
                                                            Head                     Animal Units
                Beef Feedlots                               50-299                   50-299
                Stables (horses)                            100-199                  200-399
                Dairies                                     20-69                    28-97
                Layers or Broilers                          5,000-14,999             50-149 (liquid manure systems)
                                                                                     165-494 (continuous overflow watering)
                Turkeys                                     5,000-13,749             900-2,474
                Swine                                               100-199                   40-79


                "...except those facilities 'that are required by Federal regulation 40 CFR 122.23 to apply flor and receive
                discharge permits." "A confined animal facility is a iot or 'facility (other than aquatic animal production
                facility) where the following conditions are met: Animals (other than aquatic animals) have been, are, or
                                                                                                           y 4
                will be stabled or confined and fed or maintained for a 'total of 45 days or more in an 12-month period,
                and crops, vegetation forage growth, or post-harvest residues are not sustained in the normal crowing
                season over any portion of the lot or facility."


                Applicable State Programs

                Department of Conservation and Recreation

                        Agricultural BMP Cost-Share Program
                        (Sec. 10.1-500, et seq. of the Code of Virginia)

                        This well-accepted incentive program assists in the implementation of the
                        manaaement measure by encouraging the use of agricultural best management
                        practices. For practices such as animal waste control facilities and composting
                        facilities, the program is intended to assist facilities in existence prior to 1987 and
                        1994, respectively. To this end an operation and management plan is required
                        as a practice component for each animal waste facility. These plans are
                        enforceable through the program's audit and compliance process.

                        As a result of this program           ', 72 animal waste BMPs were installed in the
                        Chesapeake Bay Basin during the 1992 program year. The average cast-share
                        payment per BMP was $7,807.97 (38% of the average total cost). Approximately
                        60% of the program budget is being utilized to install animal waste facilities.



               Septemoer 1995                                                                                            3-15








                                         State Program Review for Agricultural Management Measures


                Department of Environmental Quality

                       Virginia Pollution Abatement Pennit Program (VPA Permits),
                              State Water Control Law (Sec. 62.1-44.2, et seq. of.the Code of Virginia)
                              Virginia Pollutant Discharge Elimination System (VPDES) and Virginia
                              Pollution Abatement (VPA) Pennit Program Regulations (VR 680-14-01)

                       The VPA Permit Program regulates animal feeding operations (AFOs). 'Nfb AFO
                       may discharge, wastewater or runoff, in an amount up to a 25 year 24 hour storm
                       event, to state waters as a point source. This restriction on AFOs implies that,
                       for each facility, an approved treatment works confines both runoff and
                       wastewater. Since point source discharge from- AFOs is not allowed, these
                       facilities are not permitted under the Virginia Pollution Discharge Elimination
                       System (VPDES).

                       Poultry operations are not typically permitted under VPA Permits.           These
                       operations tend to be enclosed facilities with dry waste products. Operations with
                       either liquid wastewater systems instead of dry litter or litter contaminated
                       stormwater runoff are permitted under the VPA Program.

                       When an AFO has greater than 1000 animal units (AUs), it is classified as a
                       concentrated animal feeding operation (CAFO) and the permit addresses waste
                       characteristics,. soils, ground water, land application rates and agronomic
                       practices as well as including both a nutrient management plan and monitoring
                       requirements. Failure to monitor and report is a permit violation.

                       AFOs greater than 300 AU and less than or equal to 1000 AU are classified as
                       intensified animal feeding operations (IAFO).       IAFOs must meet similar
                       requirements as CAFOs although with fewer restrictions and less monitoring. A
                       nutrient management plan may also be required at the discretion of the
                       Department. Failure to maintain specified records on agronomic practices and
                       application rates is a permit violation.

                       The third category of AFOs are any operations that do not meet the previous size
                       criteria but which-do or could pollute state waters. These operations are issued
                       permits to address the identified need and can be as restrictive as those for
                       CAFOs.



               MANAGEMENT MEASURE COMPL             JANCE:




               September 1995                                                                        3-16









                                            State Program Review for Agricultural Management Measures


                The VPA Permit program adequately addresses the intent of the management measure
                components. Management measure guidance (EPA-840-8-92-002) pages 2-33 and 2-43
                state that facilities permitted under Federal regulation 40 CFR 122.'23 are exempt from
                the management measure. In Virginia, the NPDES permitting requirements For CAFOs
                are met through the VPA Permit program. CAFOs in Virginia are prohibited from
                discharging up to a 25 year, 24 hour storm to state waters and therefore are not required
                to have a federal discharge permit. Without the VPA Permit program, facilities currently
                permitted under the state program could be required 'to secure a NPDES permit.

                VPA Permits differ from the proposed management measure in the numeric criteria for
                "large units" and by the size of the design storm, up to, not including, a 25 year, 24 hour
                storm. The VPA Permit regulation, as it exists, is able to require permitting of the third
                category of AFOs to the extent of the management measure.


                C.     NUTRIENT MANAGEMENT MEASURE


                       Develop, implement, and periodically update a nutrient management plan
                       to: (1) apply nutrients at rates necessary to achieve realistic crop yields,
                       (2) improve the timing of nutrient application, and (3) use agronomic crop
                       production technology to increase' nutrient use efficiency.             When the
                       source of the nutrients is other then commercial fertilizer, determine the
                       nutrient value and the rate of availability of the nutrients. Determine and
                       credit the nitrogen contribution of any legume crop. Soil and plant tissue
                       testing should be used routinely. Nutrient management plans contain thez
                       following care components:

                       (1)     Farm and field maps showing acreage, crops, sails, and
                               waterbodies.


                       (2)     Realistic yield expectations for the crop(s) to be grown, based
                               primarily on the producers actual yield history, State Land Grant
                               University yield expectations for the soil series, or SCS Soils-5
                               information for the soil series.


                       (3)     A summary of the nutrient resources available to the producer,
                               which at a minimum include:

                                      Soil test results for Ph, phosphorus, nitrogen, and potassium;
                                      Nutrient analysis of manure, sludge, mortality compost
                                      (birds, pigs, etc.), or effluent (if applicable);


               geptemoer 199.@;                                                                               3-17









                                              State Program Review for Agricultural Management Measures


                                         Nitrogen contribution to the sail fmm legumes grown in the
                                         rotation (if applicable); and
                                         Other significant nutrient sources (e.g., irrigation water).

                          (4)    An evaluation of field limitations based on environmental hazards
                                 or concems, such as:

                                         Sinkholes, shallow soils over fractured bedrock, and sods.-
                                         with high leaching potential,
                                         Lands near surface water,
                                         Highly erodible soils, and
                                         Shallow aquirers.
                          (5)    Use of the limiting nutrient concept to establish the mix of nut7ient
                                 sources and requirements for the crop based on a realistic yield
                                 expectation.

                          (6)    Identification of timing and application methods for nutrients to:
                                 provide nutrients at rates necessary to achieve realistic crop yields,
                                 reduce losses to the environment, and avoid applications as much
                                 as possible to frozen soil and.during periods of leaching or ruroff

                          (7)    Provisions for the proper calibration and operation of nutrient
                                 application equipment.

                 Apolicabilitv: EPA guidance (EPA-840-8-92-002) states: 'This management measure is intended to be
                 applied by States to activities associated with the application of nutrients to agricultural lands-"


                 Applicable State Programs

                 Chesapeake Bay Local Assistance Department

                          Chesapeake Bay Preservation Act
                          (Sec. 10.1-2100, et seq. of the Code of Virginia)
                          Chesapeake Bay Preservation Area Designation and Management Regulations
                          (VR 173-02-01)

                          The Chesapeake Bay Preservation Act (CBPA), program implements the
                          manaaement measure by requiring all agricultural land in locally-designated water
                          quality-targeted preservation areas to have a soil and water quality conservation
                          plan.  Chesapeake Say Local Assistance Board policy requires a nutrient


                 September 199-5                                                                              3-18









                                          State Program Review for Agricultural Management Measures


                       management plan, prepared in accordance with the Department of Conservation
                       and Recreation Nutrient klanagement Handbook (current edition), as a component
                       of the conservation plan.      Plans prepared in accordance with the Nutrient
                       Management Handbook meet all of the management measure components.

                       At the present time, implementation of the nutrient management plan is required
                       when a landowner or farm operator wishes to secure a reduction in the required
                       100 foot preservation area buffer.

                       The program is administered through county and municipal zoning or other land
                       use ordinances in the coastal plain region of Virginia (Tidewater) with oversight
                       from *-e Virginia Chesapeake Bay Local Assistance Department. The program
                       covers 'the Chesapeake Bay drainage area portion of 'the coastal zone- boundary.
                       Within Tidewater, localities were required to designate as preservation areas
                       lands Which are considered environmentally significant with respect to water
                       quality. To that end, preservation areas are jurisdiction-wide in some localities and
                       only cover portions of others. The Chesapeake Say Local Assistance Department
                       estimates that approximately 80 % of all lands within Tidewater Virginia are water
                       quality-targeted preservation areas.


               Department of Conservation and Recreation

                       Agricultural BMP Cost-Share Program
                       (Sec. 10. 1 -500, et seq. of the Code of Virginia)

                       -This well-accepted incentive program assists in 'the implernentation of this
                       management measure by requiring nutrient management plans as practice
                       components for four practices: animal waste control facilities, loafing lot
                       management systems, composting facilities and legume cover crop. When
                       required as part of a cost-share practice installation, nutrient management plans
                       are enforceable through the audit and compliance process of the cost-share
                       program.

                       As a result of this program, 865 BMPs installed statewide required nutrient
                       management plan implementation during the 1992 program year. Approximately
                       60% of the program budget is being utilized to install animal waste control
                       facilities and loafing lot management systems.


                       Nutrient Management Program (Sec. 10.1-104.1, et seq. of the Code of Virginia)


              September i995









                                             State Program Review for Agricultural Management Measures


                         Virginia's comprehensive approach to nutrient management was used as a model
                         in developing the components of this management measure, therefore, the
                         program provides nutrient management plans which address the component of
                         this measure.

                         The program utilizes nutrient management field specialists to develop and or
                         review voluntary and regulatory nutrient management plans, conduct educational
                         programs for farmers, demonstrate appropriate nutrient management techniques,
                         and assist farmers in soil nitrate testing, manure testing, and nutrient applicator
                         calibration. Plans are prepared in accordance with the Nutrient Management
                         Handbook. The program is voluntary unless nutrient management plans are
                         required through other programs described within this section.

                         Since program inception in 1989, 1,620 nutrient management plans have been
                         developed on 275,900 acres in Virginia.             Nitrogen and phosphate usage
                         reductions, estimated on a plan by plan basis, are 5 million pounds and 4.8 million
                         pounds respectively.

                 Department of Environmental Quality

                         Virginia Pollution Abatement Permit Program (VPA Permits)
                                State Water Control Law (Sec.62.1-44.2, et seq. of the Code of Virginia)
                                Virginia Pollutant Discharge Elimination System (VPDES) and Virginia
                                Pollution Abatement (VPA) Permit Program Regulations (VR 680-14-01)

                         VPA Permits issued to any facility with greater than iOOO AU require a nutrient
                         management plan approved by the Department of Conservation and Recreation.
                         A plan may also be required, at the discretion of the Department of Environmental
                         Quality, for any operation less than or equal to 1000 AU having liquid waste.
                         When a nutrient management plan is required, it is enforceable through annual
                         implementation reporting and required monitoring of animal waste and sludge
                         characteristics. Groundwater monitoring at the waste storage or land application
                         sites can be required also. Nutrient management plans developed under this
                         regulation exceed the core components of the management measure.


                Virginia Department of Health

                         Virginia Sewerage Regulations
                                State Water Control Law (Sec. 62.1-44.2, et seq. of the Code of Virginia)
                                Virginia Pollutant Discharge Elimination System (VPDES) and Virginia


                September    995@                                                                             3-20









                                        State Program Review for Agticultural Management Measures


                            Pollution Abatement (VPA) Permit Program Regulations (VR 680-14-01)

                     The regulations implement the management measure by            requiring a sludge
                     management plan of sludge owners which covers treatment and quality control
                     of residuals. Sludge owners who are not generators must have an operational
                     plan. A sludge management plan can include a site-specific operational plan
                     which addresses all management measure components.

                     Sludge is actively utilized in Virginia as a no-cost source of   nutrients. Land
                     application sites are permitted under the VPA Permit program based on site-
                     specific technical evaluations in accordance with the Sewerage Regulations and
                     technical gui dance for best professional judgement. The Department of Health
                     recommends specific sites for sludge use at a rate of over 25,000 acres per year.
                     Sludge contractors apply sludge on approximately 15,000 acres annually and
                     maintain an inventory of about 50,000 acres of approved sites. Approximately
                     400 dry tons per day of sewage sludge is land applied in Virginia with about 50%
                     of this amount coming from out-of-state sources. Loading rates are developed
                     based on estimated. crop yields, as established through the Land Grant
                     Universities and Virginia Cooperative Extension.

             Virginia Department of Taxation

                     Virginia Income Tax Credit
                     (Sec. 58.1-337 and Sec. 58.1-436 of the Code of Virginia)

                     This program implements the management measure by requiring 'that purchasers
                     of approved nutrient management equipment who wish to receive a tax credit,
                     have in place a nutrient management plan approved by the Department of
                     Conservation and Recreation. Purchasers of spray equipment must have a
                     calibration kit. Purchasers of approved nutrient management equipment with
                     approved nutrient management plans can receive an income tax credit of up to
                     $3750.00, or 25% of a maximum equipment cost of $15,000.00.

                     This unique and innovative incentive program was designed to complement the
                     voluntary nutrient management program and is technically administered by DCR-.


             MANAGEMENT MEASURE COMPLIANCE:

             Virginia programs collectively meet the requirements ofthe management measure-within
             Virginia's coastal management zone.


             Sepremoer 1995                                                                      2-21








                                         State Program Review for Agricultural Management Measures


                 The nutrient management planning requirement in the CBPA, which provides plans
                 consistent with the management measure, affects 80 percent of the agricultural land in
                 Tidewater. These are the land types that could have the most significant impact on
                 water quality.



                 D.    PESTICIDE MANAGEMENT MEASURE


                       To reduce contamination of surface      water and ground water from
                       pesticides:

                       (1)    Evaluate the pest problems, previous pest control measures and
                              cropping history,

                       (2)    Evaluate the soil and physical characteristics of the site including
                              mixing, loading, and storage areas for potential leaching or runoff
                              of pesticides. If leaching or runoff is found to occur, steps should
                              be taken to prevent. further contamination;

                       (3)    Use integrated pest management (IPM) strategies that.

                              (a)   Apply pesticides  only when an economic benefit to the
                                    producer will be achieved (ie., applications based on
                                    economic thresholds); and

                              (b)   Apply pesticides efficiendy and at times when runoff losses
                                    are unlikely,

                       (4)    When  pesticide applications are necessary and a choice of
                              registered materials exists, consider the persistence, toxicity, runoff
                              potential, and leaching potential of products in making a selection;

                       (5)    Periodically calibrate pesticide spray equipment; and

                       (6)    Use anti-backfidw devices on hoses used for filling tank mixtures.

               Ar)c)ficabiitv: EPA quidance (EPA-840-8-92-002) states: -Mis management measure is intended to be
               applied by States to activities associated with the applicabon of pesticides to agricul tural lands."


               Applicable State Programs


               September 1995                                                                     3-22









                                           State Program Review for Agricultural Management Measures


                Chesapeake Bay Local Assistance Department

                       Chesapeake Bay Preservation Act
                       (Sec. 10. 1 -21100, et seq. of the Code of Virginia)
                       Chesapeake Bay Preservation Area Designation and Management Regulations
                       (VR 173-02-01)

                       The Chesapeake Bay Preservation Act (CBPA) program implements the
                       management measure by requiring all agricultural land in locally-design2ted water
                       quality-targeted preservation areas to have a soil and water quality conservation
                       plan.    Chesapeake Bay Local Assistance Board policy requires a pest
                       management plan, prepared in accordance with the Virginia Cooperative
                       Extension Integrated Pest Management Program, as a component of the
                       conservation plan.     Plans prepared in accordance with the Integrated Pest
                       Management Program meet management measure components 1 through 5.

                       At the present time, implementation of the pest management plan is required
                       when a landowner or farm operator wishes to secure a reduction in the required
                       100 foot preservation area buffer.
                       The program is administered through county and municipal'zoning or other land
                       use ordinances in the coastal plain region of Virginia (Tidewater) with oversight
                       from the Virginia Chesapeake Bay Local Assistance Department. The program
                       covers the Chesapeake Say drainage area portion ofthe coastal zone boundary.
                       Within Tidewater,   'localities were required to designate as preservation areas
                       lands which are considered environmentally significant with respect to water
                       quality. To that and, preservation areas are jurisdiction-wide in some localities and
                       only cover portions of others. The Chesapeake Bay Local Assistance Department
                       estimates that approximately 80 % of all lands within Tidewater Virginia are water
                       quality-targeted preservation areas.


               Virginia Cooperative Extension

                       Integrated Pest Management Program

                       Virginia's comprehensive approach to pest management provides assistance to
                       producers which address all of the measure components. Pest management
                       plans prepared through this program meet management measure components 1
                       through 5.



              Seprember 1995                                                                            3-23









                                              State Program Review for Agricultural Management Measures


                          The program utilizes over 100 county extension agents, area IPM agents (located
                          in the Chesapeake Bay watershed), and extension specialists, to provide applied
                          research, develop and or review voluntary and regulatory'IPM plans, conduct
                          educational    programs for farmers, demonstrate appropriate management
                          techniques, train field scouts, and assist farmers in implementing pest
                          management and pesticide applicator calibration.

                          Cooperative Extension publishes an          en cyclopedic Pest Management        , @3uide,
                          annually, in cooperation with the States of Delaware and Maryland, which
                          provides state of the art information on IPM and the use, handling and relative
                          efficacy of commonly used pesticides i      'n Virginia. This document, in conjunction
                          with pesticide labeling, provides the technical framework for use of pesticides in
                          Virginia.


                 Virginia Department of Agriculture and Consumer Services

                          Plants and Plant Products Inspection Law
                          (Sec. 3.1-188.32, et. seq. of the Code of Virginia)
                          Nursery Inspection General Rules (VR1 15-04-15)
                          -Registration and Certification of Grape Nursery Stock (VR- 115-04-17)

                          This program implements the managern        ent measure in nursery establishments by
                          providing for the timely, economic treatment of plant pests based on an identified
                          need.


                          Each nursery in Virginia is subject to an inspection for plant pests at least
                          annually during- which all evident pests in the nursery's stock as well as the level
                          of infestation is noted. Treatment is either recommended or required based on
                          the degree of infestation. Treatment is ordered only for economic benefit or for
                          control of dangerous plant pests. Integrated pest management is utilized to 'the
                          extent practicable and as required by product labelling-

                          Violation of the Plants and Plant Products Law can result in seizure of plant' stock
                          'by the Commissioner and is a Class 1 misdemeanor.


                          Virginia Pest Law (Sec. 3.1-188.20 et seq. of the Code of Virginia)
                          Cotton Boll Weevil Quarantine (VR 115-04-14)
                          Gypsy Moth Quarantine (VR 115-04-12)



                 Septem6er '995                                                                              3-24









                                             St te Prcaram Review for Agricultural Management V,
                                               ta                                                           ...asures



                         This program does not directly implement the management measure bUt does
                         support the intent of the measure by reducing the need for treatment of difficult
                         pests. The intent of 'this law is to keep certain plant pests, such as Qypsy moth,
                         fire ant and brown snail from entering or becoming a probl@m in the
                         Commonwealth due to their highly noxious nature. For pests not yet established
                         in Virginia this program contains emergency response activities.


                         Virginia Pesticide Control Act (Sec.3.1-249.27 et seq. of the Code of Virginia)
                         Rules and Regulations for Enforcement of Virginia Pesticide Law
                         (VR 115-04-03)
                         Regulations Goveming Licensing of Pesticide Businesses Operating Under
                         Authority of Virginia Pesticide Control Act (VR 115-04-22)
                         Regulations gpverning Pesticide Applicator Certification Under Authority of
                         Virginia Pesticide'Control Act (VR 11 15-04-23)
                         Worker Protection Standard (57 FR 38102)

                         The VA Pesticide Control Act and the regulations promulgated under its authority
                         implement the management measure both directly and indirectly. Certification
                         and Licensing Programs assure that pesticide users will have appropriate training,
                         provided in cooperation with Virginia Cooperative Extension, on the principals and
                         practices necessary for producers to implement measure components 1 through
                         4. The regulations directly require the implementation of components 5 and 6.


                         Beyond the scope of the management measure, the VA Pesticide Control Act
                         regulations collectively have the effect of implementing in Virginia the Federal
                         Insecticide, Fungicide and Rodenticide Act (FIFRA) as well as providing to the
                         Virginia Pesticide Control Board (Board) additional powers relating to regulating
                         pesticide use.     Under the authority of the Act and FIFRA, the Board has
                         promulgated regulations establishing mandatory programs, including Pesticide
                         Applicator Certification and Pesticide Business Licensing, as well as establishing
                         voluntary programs, such as the Pesticide Disposal Program and the Pesticide
                         Container Recycling Program. Under the.authority of FIFRA and in agreement
                         with EPA, the Board's staff will -enforce the Worker Protection Standard and will
                         develop pesticide management plans for groundwater. These programs regulate
                         who and how pesticides willbe used in the state by enforcing the federal label
                         requirements and Worker Protection Standard and requiring training and licensing
                         of individuals and businesses that apply pesticides.

                         In addition to implementing FIFRA, the Board has the power to ban or restrict the


                September 7995                                                                                3-25








                                          State Program Review for Agricultural Management Measures


                       use of a pesticide based on its potential to harm the environment A comparison
                       of the general powers of the federal and Virginia law to restrict or ban the use of
                       a pesticide based on its potential to cause environmental harm suggests that the
                       Act gives the Board broader powers than those granted to EPA under FIFRA.

                       Pesticide labels provide the legal framework for the use of the product. Under
                       lederal and Virginia law no product may be used in a manner inconsistent with its
                       label's requirements. Labels contain information on application rates, timing of
                       application, appropriate IPM practices, other environmental concerns and can
                       sometimes address calibration requirements.

                       The regulations require that application equipment be in good working order and
                       properly calibrated. Furthermore, these regulations require the use of backflow
                       preventers to protect water supply systems, lakes, other sources of w@t_er or other
                       materials. Violation of these regulations triggers enforcement under the authority
                       of the Act.


                       Violations of the Virginia Pesticide Control Act can result in revocation or
                       suspension of licenses and or assessment of penalties.             Enforcement is
                       administered through 10 regional offices with investigation staffs. Unannounced,
                       random field inspections of applications are utilized.






              Virginia Department of Taxation

                       Virginia Income Tax Credit
                       (Sec. 58.1-337 and Sec. 58.1-436 of the Code of Virginia)

                       Although this program does not specifically implement the management measure,
                       it does assist in the implementation by encouraging producers and applicators to
                       have available state-of-the-art equipment for environmentally sound application
                       of pesticides.  Purchasers of approved pesticide application equipment can
                       receive an income tax credit of tip to $3750.00, or 25% of a maximum equipment
                       cost of S 15, 000. 00. Calibration kits are required for tax credits- on new sprayer
                       equipment. The purchaser must have in place a Department of Conservation and
                       Recreation approved nutrient management plan to be eligible for the tax credit.




              September 995                                                                           3-26




                                                                                           . . ...... ..







                                        State Program Review for Agricultural Manage-n-,ent Measures


              MANAGEMENT MEASURE CCMPLIANCE@


              Virginia programs collectively meet the requirements of the manage   tent measure within
              Virginia's coastal management zone.

              The pest management planning requirement in the CBPA, which provides plans
              consistent with management measure components 1 through 4, affects. 80 percent of the
              agricultural land in Tidewater. These are the land types that COUld have thd most
              significant impact on water quality.

              The VA Pesticide Control Act and its regulations directly require the implementation of
              components 5 and 6, statewide.



              E.     GRAZING MANAGEMEN7 MEASURE


                     Protect range, pasture and other grazing lands:

                     (1)    By implementing one or more of the following to protect sensitive areas
                            (such as streambanks, wetlands, estuaries, ponds, lake shores, and
                            riparian zones):

                            (a)   Exclude livestock,
                            (b)   Provide stream crossings or hardened watering access for drinking,
                            (c)   Provide alternative drinking water locations,
                            (d)   Locate salt and additional shade, if needed,'"away from
                                  sensitive areas, or
                            (e)   Use improved grazing management (e.g., herding) to reduce
                                  the physical disturbance and reduce direc loading of animal
                                  waste aad sediment caused by livestock; and

                    (2)     By achieving either of the following an all range, pasture, and other
                            grazing lands not addressed under (1):

                            (a)   Implement the range and pasture components of a
                                  Conservation Management System (CMS) as defined in the
                                  Field Office Technical Guide of the USDA-SCS by applying
                                  the progressive planning approach of the USDA-Soil
                                  Conservation Service (SCS) to reduce erosion, or

                            (b)   Maintain range, pasture, and other grazing lands in


             Seprember 1995                                                                        3-27








                                                State Program Review for Agricultural Management Measures


                                           accordance with activity plans established by either the
                                           Bureau of Land Management of the U.S. Department of the
                                           Interior or the Forest Service of USDA.


                   Aoplicabilitv: EPA guidance (EPA-840-8-92.-002) states: 'This management measure is intended to be
                   applied by States to activities on range, irrigated and nonirrigated pasture and other grazing lands by
                   domestic livestock." "Range is those lands on which the native vegetation (climax or natural potential
                   plant community) is predominately grasses, grasslike plants, forbs, or shrubs suitable for grazing or
                   browsing use." "Pastures are those lands that are primarily used for the production of adapted,
                   domesticated forage plants 1.5or livestock. Other grazing lands include woodlands, native pastures, and
                   croplands producing forages."


                   Applicable State Programs

                   Chesapeake Say Local Assistance Department

                           Chesapeake Bay Preservation Act
                                       -2100, et seq. of the Code of Virginia)
                           (Sec. 10.1
                           Chesapeake Bay Preservation Area Designation and Management Regulations
                           (VR 173-02-01)

                           The Chesapeake Bay Preservation Act (CBPA) program regulations require that
                           a 100 foot-wide, minimum, vegetated area (buffer) be established along all
                           tributary streams, wetlands and waterbodies within locally designated preservation
                           areas. Preservation area buffers can be grazed when the management is such
                           that the buffer vegetation retards runoff, prevents erosion and filters nonpoint
                           source pollution from runoff.         Buffers must be maintained to 'prevent any
                           concentrated flow of surface water from breaching the buffer. Management
                           measure components listed under item 1, above, are utilized as BMPs to maintain
                           the integrity of the vegetated buffers.

                           The CBPA program further implements the management measure by requiring all
                           agricultural land, including pastures, in locally-designated water quality-targeted
                           preservation areas to have a soil and water quality conservation plan, prepared
                           in accordance with the erosion component of a Conservation Management
                           System as defined bythe Field Office Technical Guide (FOTG) of the USDA-SCS.

                           At the present time, implementation of the soil and water quality conservation plan
                           is required when a landowner or farm operator wishes to secure a reduction in the
                           required vegetated buffer.



                 September 1995                                                                                    3-28









                                           State Program Review,& Agricultural Management Measures


                       The program is administered through county and municipal zoning or other land
                       use ordinances in the coastal plain region of Virginia (Tidewater) with oversight
                       from the Virginia Chesapeake Bay Local Assistance Departient. The program
                       covers the Chesapeake Bay drainage area portion of the of the coastal zone
                       boundary. Within Tidewater, localities were required to designate as preservation
                       areas lands which are considered environmentally significant with respectto water
                       quality. To that end, preservation areas are jurisdiction-wide in some localities
                       and only cover portions of others. The Chesapeake Bay Local Assistance
                       Department estimates that approximately 80% of all lands with Tidewater Virginia
                       are water quality-targeted preservation areas.


               Department of Conservation and Recreation

                       Agricultural BMP Cost-Share Program
                       (Sec. 10.1-500, et seq. of the Code of Virginia)

                       This well-accepted incentive program assists in the implementation of the
                       management measure by requiring that a soil conservation plan, providing a level
                       of treatment equivalent to an Alternative Conservation System, a CMS as defined
                       by the FOTG of the Virginia USDA-SCS, be in "place prior to approval of cost-
                       share funds.


                       The program is   locally administered through soil and water conservation districts
                       with Department oversight and tracking.

                       Program participants which implement the Animal Waste Control Facility, Loafing
                       Lot Management System, Grazing Land Protection, Stream Protection and
                       Woodland Buffer Filter Area BMPs are required to exclude livestock from sensitive
                       areas as a practice -component. Grazing Land Protection and Loafing Lot
                       Management BMPs provide alternative water sources as needed. Grazing Land
                       Protection, Loafing Lot Management System and No-till Pasture and Hayfand
                       BMPs require grazing or herd management operation plans.

                       Participant compliance with program practice maintenance agreements is
                       enforced through annual statewide field audits. The current compliance rate is
                       97% for randomly audited practices.


              Virginia Department of Taxation



              Septemoer                                                                                    3-29








                                            State Program Review for Agricultural Management Measures


                         Virginia Land Use Assessment Law
                         (Sec. 58.1-3229,' et seq. of the Code of Virginia)

                         Land Use Assessment ordinances implement the management measure by
                         providing landowners a special assessment tax rate for the preservation of
                         agricultural or horticultural lands when the land in question is being used in either
                         "...a planned program of soil management and soil conservation practices" such
                         as a conservation plan developed by USDA SCS personnel in accordance with
                         the FOTG or when the land is "...devoted to and meeting the requirements and
                         qualifications for payments or other compensation pursuant to a soil conservation
                         program..." such as the Agricultural Stabilization and Conservation Service
                         commodity programs.

                         Definition of a "planned program of soil management and soil conservation
                         practices" is the responsibility of * the local ordinan@ees. Depending on the
                         ordinanc-e, "a planned program" may or may not apply the erosion component of
                         a CMS. Plans required under the 1985 and 1990 Farm Bills for USDA benefits,
                         including com  modity programs, meet 'the management measure through the
                         application of a CNIS as defined by the Virginia FOTG. These plans are required
                         by the Land Use Assessment Law when land is qualified under the second item
                         in the above paragraph.



                MANAGEMENT MEASURE COMPLIANCE:

                Virginia programs collectively meet the requirements of the management measure within
                Virginia's coastal management zone.

                The planning requirement in the CBPA has the effect of applying a CMS on 80 perc-ent
                of the agricultural land in Tidewater. These are the land types that could have the most
                significant impacts on water quality.

                The planning and implementation requirements for participation in the Agricultural BMP
                Cost-Share Program meet both components of the -management measure statewide.

                Any implemented plan that meets the CMS reqLirement, such as one meeting the
                requirements of 'the 1985 and 1990 Farm Bills, that is used to comply with the Land Use
                Assessment Law meets the management measure. However, the Land Use Assessment
                Law does not provide coverage within the entire coastal zone boundary.                                  iL


                September 1995                                                                          a-30









                                             State Program Review for Agricultural Management Measures


                F.      IRRIGA TION WATER MANAGEMENT


                        To reduce nonpoint source pollution of surface water@ caused by
                        irrigation:

                        (1)     Operate the irrigation system so that the timing and amount               of
                                irrigation water applied match crop water needs. This will require,
                                as a minimum: (a) the accurate measurement of soil-water
                                depletion volume and the vclume of inigation water applied, and
                                uniform application of water.

                        (2)     When chemigation is used, include backflow preventers for wellsz, minimize
                                the harmful amounts of chemigated waters that discharge froi          n the edge
                                of the field, and control deep percolation. In cases where chemigation is
                                performed with furrow ir7igation systems, a tailwater management system
                                may be needed.

                        The following limitations and special conditions apply:

                        (1)     In some locations, inlgatfon return 3dws are subject to other water
                                rights or are required to maintain stream flow. In these special
                                cases, on-site reuse could       'be precluded and would not be
                                considered part of the management measure for such locations.
                        (2)     By increasing the water use efficiency, the discharge volume            fro m th e
                                system will usually be reduced. While the total pollutant load may be
                                reduced somewhat, there is the potential for an increase in the
                                concentration of pollutants in the discharge, In these special cases", where
                                living resources or human health may be adversely affected and where
                                other management measures (nutrients and pesticides) do not reduce
                                conc--ntrations-in the discharge, increasing water use efficiency would not
                                be considered part of the management measure.
                        (3)     In some irrigation districts, the time interval between the order for and the
                                delivery of irrigation water to the fan77 may limit the irrigator's ability to
                                achieve the maximum on-farm        application efficiencies that are otherwise
                                possible.
                        (4)     In some locations, leaching is necessary to control salt in the soil
                                profile. Leaching for salt control should be limited to the leaching
                                requirement "or the root zone.
                        (5)     Where leakage from deliver
                                                               y systems or return flows supports wetlands
                                or wildlife refuges, it may be preferable to modify the system to achieve
                                a high level of efficiency and then divert the "saved water" to the wetland


               September 1995                                                                                3-31








                                            State Program Review for.4gricultural Management Measures


                                or wildlife refuge. This will improve the quality of water delivered to
                                wetlands or wildlife refuges by preventing the introduction of pollutants
                                from irrigated lands to such diverted water.
                        (6)     In some locations, spiInkler irrigation h@, used for frost or freeze protection,
                                                                                                                          it I
                                or for crop' cooling. In these special cases, applications should be limited
                                to the amount necessa@y for crop protection, and applied water should
                                remain on-site.



                Aoolicability: EPA guidance (EPA-840-8-92-002) states: "This management measure is intended to be
                applie,d by States to activities on irrigated lands, including agricultural crop and pasture land (except for
                isolated fields of less than 10 acres in size that are not contigi. ous to other irrigated lands); orchard land;
                specialty cropland; and nursery cropland."


                Applicable State Programs

                Virginia Department of Agriculture and Consumer Services

                        Virginia Pesticide Control Act (Sec. 3.1-249.2,7, et seq. of the Code of Virginia)
                       Rules and Regulations for Enforcement of the Virginia Pesticide Law
                       (VR 115-04-03)

                This regulation requires that all pesticide application equipment, as well as all hoses,
                pumps, or other equipment used to fill pesticide handling, storage, or application
                equipment, be fitted with an effective valve or device to prevent- backflow into water
                supplies, streams, lakes or other sources of water.

                The Virginia Department of Agriculture and ConsumEr Services (VDACS) enforces these
                regulations through use of inspections and referrals. Violators are subject to revocation
                or suspension of their applicators license and penalties.






                Virginia Department of Environmental Quality

                       Surface and Ground Water VVithdrawal Perrri,@ts
                       State Water Control Law
                       (Sec. 62.1-242 through Sec. 62.1-270 of. the Code of Virginia)

                September 1995                                                                            3-32









                                           State Program Review for Agricultural Management Xleasures


                       Groundwater Withdrawal Regulations (VR 680-13-07)
                       Water Withdrawal Reporting (VR 680-15-01)
                       Surface Water Management Area Regulation (VRI 680-1 15-03)

                       Permit program limits water withdrawal from surface and ground water sources
                       in designated management areas. Two groundwater management areas have
                       been defined as Eastern Shore and Tidewater. Designation of the surface water
                       management area is pending. This program will limit the amount bf'water
                       available for irrigation purposes.

                       Permit holders will be required to monitor and report withdrawal quantities.
                       Failure to report will be a permit violation.


               Department of Taxation

                       Virginia Income Tax Credit
                       (Sec.-58.1-337 and Sec. 58.1-436 of the Code of Virginia)

                       This voluntary program assists in 'the implementation of the management measure
                       by providing an income tax credit for the purchase of equipment added to
                       irrigation systems which provide a more precise pesticide and nutrient application.
                       Eligible necessary equipment includes: 1) Accessories which prevent backflow or
                       bac-k siphoning; and, 2) a flow sensor to monitor water flow and adjust the
                       injection rate of pesticide and fertilizer to achieve the appropriate application rate.
                       Purchasers of approved equipment with nutrient management plans as approved
                       by the Department of Conservation and Recreation (DCR) can receive an income
                       tax credit of up to $3,750, or 25% of a maximum equipment cost of $15,000.00.

                       This unique and innovative incentive program is available statewide and is
                       technically administered by DCR.


              MANAGEMENT MEASURE COMPLIANCE:

              Virginia meets the second component of 'the management measure throughout the
              Commonwealth.


              Agriculture in Virginia is typically not dependant on irrigation for crop production since
              Virginia receives, on average, 45 inches of rain annually. Agricultural irrigation in
              Virginia, when used, is typically supplemental. The Surface and Ground Water Permits


              September 1995                                                                             3-33








                                       State Program Review for Agricultural Management Measures


                limit water withdrawal for irrigation within the coestal zone boundary; consequently,
                efficient use of irrigation water is promoted out of necessity to op@imize crop production
                while abiding by permit regulations.





                AGRICULTURE                                 Coa:stal Zone


                                                     Meets
                A. Erosion and Sediment Control


                B1. Confined Animal Management       Meets

                B2. Confined Animal Management       Meets

                C. Nutrient Management               Meets

                D. Pesticide Management              Meets

                E. Grazing Management                Meets

                F. Irrigation Water Management       Meets






















                September 1995                                                                3-3.4















                    Management measures
                               for forestry













                                                    CHAPTER 4




                             Management Measures for Forestry



             Virginia has approximately 16 million acres of forested land (63% of the state is
             forested).   According to the Forest Statistics for Virginia, 1992 resource bulletin,
             approximately 79% of forest land in Virginia is comprised of hardwoods such as oak and
             hickory and the remaining 21% consists of soft wood species such as loblolly pine,
             Virginia pine, and white pine. Approximately 43% of the average annual harvest is
             softwood and 57% is hardwood.
             The primary pollutant 'associated with forestry operations is sediment resulting from soil.
             loss.   Forestry activities can accelerate soil erosion depositing. sediment into state
             waters. High sediment concentrations can smother bottom dwelling organisms, damage
             aquatic plants, and damage the giiis of some fish species.             Improper silvicultural
             practices can also lead to increases in water temperature due to the removal of
             strearnside vegetation, nutrient enrichment, and the introduction of toxic chemicals Such
             as herbicides, pesticides, and petroleum products.

             Estimates by Department of.Forestry staff indicate that silvicultural operations account
             for only 5% of the nonpoint source pollution affecting Virginia rivers. However, the
             potential for localized water quality impacts is significant where intensive forestry
             practices occur and best management practices (BMPs) have not been implemented.
             The Virginia Nonpoint Source Pollution Watershed Assessment Report indicates that the
             pollution potential is greatest where forestry activities take place on steep slopes and
             highly erodible soils.

             The Virginia Department of Forestry (DOF) is the lead state agency for the
             implementation of forestry nonpoint source programs. In cooperation with forest industry,
             DOF has implemented an innovative forest nonpoint source program which is supported
             by financial incentives such as cost-share. DOF nonpoint pollution programs stress
             voluntary BIVIPs to achieve sediment reduction and.other nonpoint source pollution goals.

             septernber 1995.                                                                         4-1








                                               State Program Review for   Forestry Management Measures


                 This non-regulatory program is complemented by the Virginia Silvicultural Water Quality
                 Law which gives DOF enforcement authority to issue stop work orders, levy fines, and
                 require corrective action to protect waters of the Commonwealth from excessive
                 sedimentation originating from forestry operations.


                 The primary components of Virginia's forestry non,point source program are listed below:

                 1)     the development of an aggressive and successful forestry water quality
                        educational and training program showing the potential impact of silvicultural
                        activities and ways to prevent erosion and !;ubsequent sedimentation through the
                        implementation of forestry BMPs;

                 2)     the adoption of a silvicultural water quality law which gives the DOF the ability to
                        stop harvesting operations and impose civil fines if water quality degradation is
                        occurring from sediment;

                 3)     a DOF policy of inspecting each harvesting operation over five acres in size twice,
                        to ensure compliance with the BMP program and the'Silvicultural Water Quality
                        Law;

                 4)     the establishment of a Silvicultural Water Quality Task'Force composed of forest
                        industry, loggers, private landowners, and consultants which provides direction for
                        the voluntary BMP program;

                 5)     consistent with the 198@ Chesapeake Bay Agreement, a sediment reduction goal
                        of 40% from forestry operations with interim goals of 10% by 1991 and 30% by
                        1995 has been established (the 1991 reduction goal was exceeded);

                 6)     the adoption of the position that DOF's main priority would be the protection of
                        water quality and the integration of BMPs into every silvicultural activity;

                 7)     the installation of a statewide water quality monitoring program documenting the
                        possible impacts of harvesting operations on water quality; and,

                 8)     a cooperative agreement between consultant foresters and DOF has established
                        the critical importance of maintaining water quality and instituting BMPs.

                 Timber harvesting in Virginia typically occurs onlyonce every 15 to 30 year on a single
                 logging tract. As a consequence, only a relatively small percentage of forested land is
                 harvested annually. The following table illustrates that the annual average forestland


                 September 1995                                                                         4-2










                                         State Program Review for Forestry Manapp. men t Xleas!.tres


            harvested during 1991 was approximately 1% within some of t        he major basins of the
            Chesapeake Bay:


                   BASIN                TOTAL                  ACRES                    %
                                       FORESTED             HARVESTED            HARVESTED
                                        ACRES

               Rappahannock            1,111,122                13,681                 1.2

                    Yor k               890,127                 10,775                 1.2

                   James               4,298,076                35,661                 O's
                   Coastal              264,244         1        3,280                 1,2 ----
                   TOTAL               6,563,569                63,397              Avg.% 1.1



            A cooperative study was undertaken by the Department of Conservation and Recreation,
            Division of Soil and Water Conservation and DOF to assess the erosion potential of
            forestry activities within 491 hydrologic units. Information on harvesting levels, soils,
            slope, site preparation, and regeneration activities was collected and expressed as the
            total erosion potential for forestry lands in a high, medium, or low potential category.
            Within the Chesapeake Bay watershed, most hydrologic units had low to medium
            ranking. Nine out of 336 (3%) had a high ranking. It is important to note that this data
            reflects erosion potential rather than actual erosion, and installation of BMPs can
            significantly reduce nonpoint  source pollution.


            The Department of Forestry in cooperation with the forest industry is committed to the
            BMP program established,' in 1988.          The following list highlights some of the
            accomplishments achieved since 1988:

            1)     Thirty BMP training workshops        were held for loggers and foresters from
                   November 1988 to April 1989. A       total of 1,900 loggers, foresters, technicians,
                   tree farmers, and state and federal agency staff persons attended.

            2)     The Forestry Best Management Practices for Water Quality in Virginia publication
                   was revised and updated and a section focussing on wetland harvesting methods
                   was added, and a pocket-sized BMP manual was developed in cooperation wiih
                   Virginia Tech.



            Septembe@ 1995                                                                         4-3









                                              State Program Review for Forestry Management Measures

                 3)     Eight meetings of local forestry leaders viere held statewide to provide
                        information on the BMP program and establish commitment on the part of
                        industry leadership. Over 200 leaders attEnded these meetings.

                 4)     DOF personnel participated in special training workshops on preparing
                        preharvest BMP plans, BMP's in fireline construction and reforestation, and
                        BMP recommendations in forest stewardship plans for landowners.

                 5)     BMP training sessions were held at five field locations for forest industry
                        and consulting foresters in 1988 and eightsessions in 1989. In total, over
                        900 people attended these sessions.

                 6)     BMP's were featured at the following events: (1) Spring and Fall Fo-restry Bus
                        Tours sponsored by the DOF, forest indusiry and Virginia Tech, (2) the Virginia
                        Forestry Association (VFA) spring and fall meetings, and (3) the East Coast
                        Logging Exposition in Richmond which was attended by 15,000 people.

                 7)     In cooperation with Virginia Tech, a Soil Rutting Workshop was sponsored.
                        During this workshop experts in hydrology, soils, water quality and forestry
                        explained the necessity of preventing soil rutting and maintaining soil integrity
                        during harvesting operations. The workshop was attended by 200 people from
                        across the United States.


                 BMP inspections performed by DOF personnel represent the core component of the
                 forestry nonpoint source program. An average of.' ',000 BMP inspections are performed
                 annually. " During a BMP inspection, timber harvesting activity is compared to acceptable
                 standards as documented in the BMP manual. Activities which do not. meet, the
                 standards set forth in the manual are identified arid timber harvesters are informed of
                 any necessary corrections. Adherence to BMP standards is attained in most cases. The
                 chart on the following page.illustrates the success rate since the initiation of the BMP
                 inspections procedure.

                 Compliance rates for the major BMP's began at a high level in 1989 and have continued
                 to improve. In 1992, BMP implementation rates exceeded 92% for these practices.
                 Moreover, the Strearnside Management Zone (SIVIZ), vital to the maintenance of water
                 quality, continues to be the most well-implemented BMP. To help further improve BMP
                 implementation rates, a BMP audit program has been initiated that randomly selects
                 tracts of land for inspection.

                 Another process which improves BMP implementation and encourages compliance with
                 the Silvicultural Water Quality Law is the DOF Water Quality Complaint System. DOF


                 September 1995                                                                      4-4










                                    State Program Review for Forestry Management Measures


                            and industry personnel investigate all water quality complaints involving forestry
                            operations to document the nature of the problem. If a water quality problem can be
                            attributed to a silvicultural practices, immediate action is taken to remedy the problem.
                            

                            In the past, DOF has handled between 8 and 15 complaints per year with a 100%
                            resolution rate.





                                                                                               Reported BMP Compliance

                                               100


                                                90


                                                80                   
                                                                                                              

                                                70                                                                

                                                                                                      
                                                60                                                                                                 


                                                50                                                                


                                                40                            

                                                30                                        

                                                20                                                              


                                                                               
                                                10


                                                0
                                                        Jan. 1989 to Oct 1989           Oct. 1989 to Aug. 1990            Jan. 1990 to Jan. 1991*          Jan. 1992 to Dec. 1992*
                                                                                                           Reporting Period                                  *New reporting period
                                                                                     Haul Roads   Timber Skidding   SMZs    Landings




                            Through educational and technical assistance programs, DOF has taken considerable
                            effort to heighten water quality awareness among Virginia's forestry industry. These
                            programs, combined with the BMP audit and inspection programs and the Water Quality
                            Complaint System, improve compliance with the Silvicultural Water Quality Law.


                            Work Group Assessment Process

                            Since April, 1993, the Forestry Work Group has been comparing existing Virginia
                            nonpoint source pollution control and forestry management programs with the
                            Management Measures and program requirements included in Coastal Zone Act
                            Reauthorization Amendments guidance documents issued by Environmental Protection
                            Agency (EPA) and National Oceanic and Atmospheric Administration (NOAA). The
                                                                                                                                                           
                                                                                                                                                           



































                            September 1995                                                                                                                                                                         4-5
 







                                            State Program Review for Forestry Management Measures


                Forestry Work Group includes representatives frorr the Department of Conservation and
                Recreation, Department of Forestry, Chesapeake Elay Local Assistance Department, the
                George Washington National Forest, the Virginia Tech Forestry Department, the Virginia
                Forestry Association, the forest industry, and fore@;t landowners.

                This assessment of state nonpoint source pollution control and forestry management
                programs was produced using information collected through work group meetings,
                interviews with state agency staff, and work sheets completed for applicable prodrams.
                The matrix on the following page indicates which state programs apply to each of the
                management measures for forestry operations.         This chapter details the specific
                requirements of each management measure and describes applicable state programs.
                The descriptions focus on aspects of these programs that apply to the specified
                management measures. The table at the end of this chapter summarizes how existing
                state programs address the management meaSUres for silvicultural operations. As
                indicated in the table, the forestry BMP/Water Quality Program in Virginia meets the
                Management Measures guidance issued for Section 6217 of the Coastal Zone Act
                Reauthorization Amendments.


                in certain instances, existing state programs address silvicultural nonpoint source
                pollution in a different manner than that specified in the management measures
                guidance. Although nonpoint source pollution resilting from silvicultural activities can
                occur throughout the recommended 6217 managMent area, management measures
                which address activities such' as skyline logging operations may have limited
                applicability.

                For each management measure the forestry work group has evaluated how well state
                programs comply with the federal guidance based on: (1) specific management measure
                requirements or performance standards, and (2) enforceable policies or mechanisms.















                September 1995                                                                      4-6





                                                                         Forestry Mana                 qement Measures

                                                                                                                                                              cn
                                                                                     .S;         M        0
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                                      Silviculural Water Quality Law                 X         X          X         X         X           X         X       X                    X
                                       State Cost Share Programs                     X                    X         X                     X         X       X
                                    Chesapeake Bay Preservation Act                            X                              X           X                 X
                                          Virginia Seed Tree Law                     X                                                    X                 X
                                          Aerial Spray Program                                                                                                          X
                       E
                       all         Submerged Lands & Tidal Weiland
                                              Permit Program                                              X
                       0            Virginia Water Protection Permits                                     X                                                                      X
                       L-
                                     Wetlands Board Permit Program                                                                                                               X
                                           Forestry BMP Manual                       X         X          X         X         X           X         X       X           X        X

                                          Debris In Streams Law                                X          X                   X           X

                                     Virginia Cooperative Extension                            X          X         X         X

                                            Land Use Taxation                        X
                                             Oil Spills Statute                                                               X
                                              OSHA Manual
                                          Air Emission Standards                                                                          X         X
                                 Integrated Pest Management Program                                                                                                     X
                                      Virginia Pesticide Control Act                                                                                                    X
                                                                                                                                                         qX












                                           Preh2rvest Planning                                                                                                          X
                                                                                                                                                                        Emmk-wammull
                                                                                                                                                                  September 1995








                                             State Program Review for Forestry Management Measures



                PROGRAM ASSESSMENT BY MANAGEMENT MEASURE

                Each of the specified management measures for @,*orestry is identified and discussed in
                the section which follows. The management measures are presented as they appear
                in the program guidance issued by EPA and NOIA. For each management measure
                the applicable program descriptions are listed alph@[betically and grouped together-by the
                agency which administers them.        In the compliance section which follows these
                descriptions, more consideration has been given lo the relative importance of each of
                the individual programs.

                This chapter identifies the requirements of each management measure, provides a brief
                program description of applicable state programs, and a discussion of how-well these
                programs comply with the requirements of each management measure.                 Program
                descriptions are not comprehensive; rather, they focus on aspects of state programs
                applicable to the specified management measires.            The management measure
                compliance discussion describes coordination bet%Aeen state programs and summarizes
                how well state programs meet management measure requirements.




                A.    PREHARVEST PLANNING


                      Perform advance planning for forest harvesling that includes the following
                      elements where appropriate:

                      (1)    Identify the area to be harvested inciuding location of waterbodies
                             and sensitive areas such as wetlancls, threatened or endangered
                             aquatic species habitat areas, or high-erosion-hazard areas
                             (landslide-pronb areas) within the halvest unit.
                      (2)    Time the activity for the season or moisture conditions when the
                             least impact occurs.
                      (3)    Consider potential water quality impacts and erosion and
                             sedimentation control in the sej'ection of silvicultural and
                             regeneration systems,       especially for harvesting and site
                             preparation.
                      (4)    Reduce the risk of occurrence of landslides and severe erosion by
                             identifying high-erosion-hazard area,,; and avoiding harvesting in
                             such areas to the extent practicable.
                      (5)    Consider additional contributions from harvesting or roads to any
                             known existing water quality . impairments or problems in


                September 1995                                                                       4-8









                                                 State Program R4view for Forestry Management Measures


                                watersheds of concem.


                       Perform advance planning for forest road systems that'includes the
                       following elements where appropriate:

                       (1)      Locate and design road systems                to minimize, to the extent
                                practicable, potential sediment generation and delivery to surface
                                waters. Key components are:
                                locate roads, landings, and skid trails to avoid to the extent
                                practicable steep grades and steep hillslope areas, and to decrease
                                the number of stream crossings;
                                avoid to the extent practicable locating new roads and landings in
                                Streamside Management Areas (SMAs); and
                                determine road usage and select the appropriate road standard.
                       (2)      Locate and design temporary and permanent stream crossings to
                                prevent failure and control impacts from the road system. Key
                                components are:
                                size and site crossing structures to prevent failure;
                                for fish-bearing streams, design crossings to facilitate fish passage.
                       (3)      Ensure that the design of road prism and the road surface drainage
                                are appropriate to the terrain and that road surface design is
                                consistent with the road drainage structures.
                       (4)      Use suitable materials to surface roads planned for all-weather use
                                to support truck traffic.
                       (5)      Design road systems to avoid high erosion or landslide hazard
                                areas. Identify these areas and consult a qualified specialist for
                                design of any roads that must be constructed through these areas.

                       Each    State should develop a process (or utilize an existing process) that
                       ensures that the management measures in this chapter are implemented.
                       Such a process should include appropriate notification, compliance audits,
                       or other mechanisms for forestry activities with the potential for significant
                       adverse nonpoint source effects based on the type and size of operation
                       and the presence of stream crossings or SMAs.

               Applicability: "The planning process components of this management measure are intended to apply to
               commercial harvesting on areas greater than 5 acres and any associated road construction activities ...
               determined to be  ... of a sufficient size to potentially impact the receiving water or that involve SMAs or
               stream crossings .... This measure does not apply to harvesting conducted for precommercial thinning or
               noncommercial firewood cutting."




               September 1995                                                                                        4-9








                                             State Program Revievil for Forestry Management Measures



                APPLICABLE STATE PROGRAMS


                Department of Conservation and Recreation

                       Cost Share Programs

                       The Department of Forestry administers SE!veral programs that provide -financial
                       assistance for BMP installation. These programs include the Reforestation of
                       Timberlands Program, the Stewardship Incentive Program, the Federal
                       Agricultural Conservation Program, and tl-e Forestry Incentive Program. The
                       Reforestation of Timberlands Program will provide cost share assistance within
                       the boundary for the approved Reforestation of Timberlands project.

                       The Department of Conservation and Recreation manages the Virginia Agricultural
                       Cost Share Program, which also provides assistance to land owners for BMP
                       installation. Harvest plans are required for forest operations which receive cost-
                       share assistance through state and federal programs.


                Department of Forestry

                       Forestry Best Management Practices

                       Forestry Best Management Practices for Water Quality in Virginia encourages
                       voluntary preharvest planning for all forEStry operations.     After a five-year,
                       educational program, loggers have demons-:rated knowledge of the use of BMP's
                       to protect water quality.   Although prehervest planning is not required, the
                       Forestry BMP program helps ensure that forestry operations meet the Silvicultural
                       Water Quality Law. ,                                                                       I

                       Preharvest Planning Service

                       Department of Forestry (DOF) personnel, located in each county, provide
                       technical advice to forest landowners. Thie,; free service includes preparation of
                       harvest plans, timberland examinations, and on-site. discussion with loggers and
                       landowners regarding the design and location of Best Management Practices.





                September 1995                                                                        4-10










                                            State Program Review for Forestfy Management Measures


                     Silvicultural Water Quality Law (Sec. 10.1 -1181.1, et seq. of the Code of Virginia)

                     The Silvicultural Water Quality Law (Sec. 10.1-1181.1, et seq. of the Code of
                     Virginia), administered by DOF, makes it unlawful to cause excessive sediment
                     pollution to enter a stream. This law gives DOF personnel the authority to issue
                     stop work orders, levy fines, and require corrective action for any forestry activity
                     which causes or is likely to cause changes to the physical, chemical, or biological
                     properties of state waters resulting from sediment.

                     DOF personnel perform routine site inspections on      tracts greater than five acres
                     for compliance with this law.


                     Virginia Seed Tree Law (Sec. 10.1 - 1163, et seq. of the Code of Virginia)

                     The Virginia Seed Tree Law'ï¿½10.1 - 1163, et seq. of the Code of Virginia,
                     administered by DOF, requires that a preharvest plan be prepared and approved
                     by the State Forester or that a forest operation be subject to the requirement that
                     eight cone-bearing trees with a minimum 14 inch diameter be preserved.      'As well,
                     this law may require an alternate management plan to address reforestation for
                     pine tracts harvested in Virginia.


             Virginia Department of Taxation

                     Virginia Land Use Assessment Law
                     (Sec. 58.1-3229 et seq. of the Code of Virginia)

                     Local Governments can adopt a land-use taxation option which provides a
                     reduction in property tbx for participating landowners. A forest management plan,
                     including a harvest plan, is required for the landowner to receive this tax
                     reduction. This program is overseen by the State Land-use Evaluation Advisory
                     Council, and is administered by local governments. This tax incentive encourages
                     the preparation of harvest plans. At the present time 65 of 95 counties have
                     adopted this program.



             MANAGEMENT MEASURE COMPLIANCE


             Virginia has several programs that address preharvest planning. In particular, Forestry
             Best Management Practices for Water Quality in Virginia encourages voluntary


             September 1995                                                                            4-11









                                             State Program Review for Forestry Management Measures


                preharvest planning for all forestry operations. The high level of compliance with BMPs
                for strearnside management (94% implementatior, for this BMP) -suggests that a great
                majority of Virginia loggers routinely conduct informal pre-harvest planning.          The
                Silvicultural Water Quality Law reinforces the need for preharvest planning and provides
                a strong incentive for the application of other best management practices to protect state
                waters from sediment depositions which may result from silvicultural operations.

                Incentive programs which encourage pre-harvest planning in the 6217 managemeht area
                include use-value assessment and cost-share as@;istance programs. For land owners
                to be eligible for use-value assessments and cost-share assistance, a preharvest plan
                is required. These plans are usually prepared by the Department of Forestry (DOF),
                which offers free preharvest planning assistance to forest land owners.

                The Virginia Seed Tree Law requires preharvest planning on some forest tracts.
                Preharvest planning also occurs where landowners request preparation of a plan by a
                professional forester, and it is required on all National Forest lands.

                In summary, preharvest planning is encouraged in Virginia through a variety of incentive
                and nonregulatory programs.        Although prehaivest planning is not a regulatory
                requirement for forestry operations in the 6217 management area, the combination of
                voluntary and incentive programs and the Silvicultural Water Quality Law may equal or
                exceed the effectiveness of the preharvest planning management measure in protecting
                coastal waters.



                B.     STREAMSIDE MANAGEMENT AREAS


                       Establish and mainta   in a streamside maragement area along surface
                       waters, which is sufficiently wide and which includes a sufficient number
                       of canopy species . to buffer against detrimental changes in the
                       temperature regime of the waterbody, to provide bank stability, and to
                       withstand wind damage. Manage the SMA in such a way as to protect
                       against soil disturbance in the SMA and delivery to the stream of
                       sediments and nutrients generated by forestry activities, including
                       harvesting. Manage the SMA canopy species to provide a sustainable
                       source of large woody debris needed for irstream channel structure and
                       aquatic species habitat.


                Applicability: "(This measure) is intended to apply to surface waters bordering or within the area of
                operations. SMAs should be established for perennial watertodies as well as for intermittent streams that
                are flowing during the time of operation."

                September 1995                                                                         4-12










                                             State Program Review for Forestry Managern6rd Measures



              APPLICABLE STATE PROGRAMS



              Chesapeake Bay Local Assistance Department

                      Chesapeake Bay Preservation Act (CBPA)
                      (Sec. 10.1-2100 through 2115 of the Code of Virginia)
                      Chesapeake Bay Preservation Area Designation and Management Regidations
                      (VR 173-02-01)

                      The Chesapeake Bay Preservation Area (CBPA) Designation and Management
                      Regulations (VR 173-02-01), implemented through 84 local goveri-Irfients in the
                      Chesapeake Bay watershed area of the coastal management zone, require all
                      local governments in this area to adopt ordinances to control land use activities
                      and to protect water quality.

                      Silvicultural operations in Chesapeake Bay Preservation Areas that do not adhere
                      to the Department of Forestry BMP Handbook must comply with the local CBPA
                      ordinance requirements.        However, the only CBPA ordinance recluirement
                      pertaining to silviculture that can be enforced is the requirement foi, a 100-foot
                      wide vegetative buffer area along all tidal wetlands, tidal shores, tributary streams,
                      and nontidal wetlands connected by surface flow and contiguous to the other
                      features (Resource Protection Areas). As such, the SMA requirement can be
                      enforced within the Bay drainage of Tidewater Virginia. If a SMA violation OCcurs
                      it would also be considered a CBPA buffer area violation and revegetation of the
                      full 100-foot wide CBPA buffer area and any associated wetland would be
                      required.

                      The Chesapeake Bay Local ' Assistance Department has estimaited that
                      approximately 80% of all lands within Tidewater Virginia have. been designated
                      as CBPA. The Resource Protection Area component of CLO-IN3 includes all
                      perennial flowing waterbodies within Tidewater Virginia. CBPAs do not cover the
                      entire region as most local governments did not designate their entire jurisdiction.
                      Preservation areas in these localities were targeted to include land types that
                      could have the most significant impacts on water quality.








              September 1995                                                                              4-13









                                               State Program Review for Forestry Management Measures


                 Department of Forestry

                        Debris in Streams Law (Sec. 62.1-194.2, et seq. of the Code of Virginia)

                        Under section 62.1-194.2 of the Code of Virginia, Department of Forestry staff can
                        cite a logger or forestry operator. placing logging debris in a stream -if flow is
                        impeded or habitat and water quality degmded. This law applies statewide and
                        encourages proper streamside manageme it.


                        Forestry Best Management Practices

                        Forestry Best Management Practices for Water Quality in Virginia encourages
                        landowners to maintain Streamside Management Zones (SMZ) to trap and filter
                        out suspended sediments before these particulate reach state waters. SMZ's are
                        encouraged along all perennial streams and around lakes, ponds, and natural
                        springs. A minimum 50 foot buffer area with limited harvesting is recommended.


                        Silvicultural Water Quality Law (Sec. 10.1 -1181. 1, et seq. of the Code of Virginia)

                        The Silvicultural Water Quality Law (Code of'Virginia, Section 10. 1-1181.1 et seq.)
                        is administered. by the Department of Forestry (DOF) t-hroughout the entire state.
                        This law makes it unlawful to cause excessive sediment pollution to enter a
                        stream.    DOF staff routinely inspect logging operations to help ensure proper
                        installation of SMA's as detailed in Forestry Best Management Practices for
                        Water Quality in Virginia and to ensure compliance with the Silvicultural Water
                        Control Law. This law gives DOF personnal authority to stop work, issue fines,
                        and require corrective action for any foresti-y activity which causes or is likely to
                        cause changes to the. physical, chemical, or biological properties of state waters
                        resulting from sediment.

                        To assist with implementation of this law, the forest industry provides DOF with
                        monthly listings of tracts where logging will be initiated.


                Virginia Cooperative Extension (VCE)

                        Logger Education and Assistance

                        Through cooperative extension, Virginia Tech offers    technical assistance, training


                September 1995                                                                           4-14










                                            State Program Review for Forestry Mana[ic.,mont Measores


                     sessions, and education materials to loggers on all aspects of road construction
                     and logging.      These recommendations are based on. the Forestry Best
                     Management Practices for Water Quality in Virginia and are designed to protect
                     water quality. This service is available to all loggers within the coastal zone. A
                     monthly newsletter highlights current activities and available services.


              MANAGEMENT M         EASURE COMPLIANCE


             The state enforceable and voluntary programs described above, prornote strocarnside
             management for forestry operations. Forestry Best Management Practices for Wate'r
             Quality in Virginia encourages loggers'to maintain buffer areas along streamis and
             around lakes, ponds, and natural springs. Compliance with the Silvicultural Water
             Quality Law reinforces the need to maintain strearnside management areas and to follow
             other best management practices to protect state waters from sediment depositions
             resulting from silvicultural activities. As stated above, this law gives DOF personnel
             authority to issue stop work orders, levy fines, and require corrective action for any
             forestry activity which causes or is likely to cause changes to the physical, chemical, or
             biological properties of state waters resulting from sediment. Another state program
             which applies throughout the state is the Debris in Stream Law. This law is intended to
             protect aquatic habitats from excessive debris associated with forestry operations. These
             complimentary programs apply throughout the Commonwealth of Virginia.

             Incentive programs which promote streamside managemen              t in the 6217 management
             area include use-value assessment and cost-share assistance programs.                        Best
             management practices including streamside management are required for all private
             lands which receive cost-share financial assistance. Similarly, land owners eligible for
             use-value assessments must follow forestry BMP's.              These incentive programs are
             supported by the Virginia Cooperative Extension Service which provides BMP training
             and assistance to loggers. :

             The Strearnside Management Areas measure can be enforced within the Bay drainage
             of Tidewater Virginia. If a Strearnside Management Zone (SMZ) is not maintained in
             accordance with the Forestry Best Management Practices for Water Quality in Virginia,
             it would also be considered a Chesapeake Bay Preservation Areas (CBPA) buffer area
             violation and revegetation of the full 1 00-foot wide C BPA buffer area and any associated
             wetland would be required. Forestry operations within CBPAs that do not adhere to the
             Department of Forestry BMP Handbook must comply with the local CBPA ordinance
             requirements. Specifically, forestry operations would be required to maintain a 100-foot
             wide vegetative buffer area along all tidal wetlands, tidal shores, tributary streams, and
             nontidal wetlands connected by surface flow and contiguous to the other features


             September 1995                                                                               4-15









                                             State Program Review for Forestry Management Measures


                 (Resource Protection Areas).

                 In addition to the applicable state programs, several localities have adopted programs
                 which address the requirements of this managerrent measure. For example, several
                 Virginia localities have adopted reservoir prctection ordinances and watershed
                 management programs which require streamside management areas. As well, the
                 George Washington National Forest designates eill streamside areas' and wetlands for
                 special management considerations under a "Streamside Area Management" poli6y. To
                 protect streamside zones, the George Washington National Forest staff designate all
                 riparian management areas in management plans and timber sale contracts. Sales
                 contracts are used to specify conditions of logging operations in streamside management
                 areas.





                 C.     ROAD CONS TRUC TIONIRECONS TRUC TfON


                        (1)    Follow preharvest planning (as described under Management
                               Measure A) when constructing or re.,-onstructing the roadway.
                        (2)    Follow designs planned under Management Measure A for road
                               surfacing and shaping.
                        (3)    Install road drainage structures according to designs planned under
                               Management Measure A and regional storm        ' return period and
                               installation specifications. Match these drainage structures with
                               terrain features and with road surface and prism designs.
                        (4)    Guard against the production of seliment when installing stream
                               crossings:
                        (5)    Protect surface waters from slash and debris material from roadway
                               clearing.
                        (6)    Use straw bales, silt fences, mulching, or other favorable practices
                               on disturbed soils on unstable cuts, fills, etc.
                        (7)    Avoid constructing new roads in SMAs to the extent practicable.

                 Applicability: This measure is intended to apply to all roaJ construction/reconstruction for silvicultural
                 purposes.



                 APPLICABLE STATE PROGRAMS


                 Department of Forestry

                        Debris in Streams Law (Sec. 62.1-194.2, et seq. of the Code of Virginia)

                 September 1995                                                                        4-16









                                            State Program Review for Forestry Management Measures


                     The Department of Forestry administers the Debris in Stream Law which applies
                     statewide. DOF staff can cite a logger or forestry operator for placing logging
                     debris in a stream if stream flow is impeded or habitat and water quality are
                     degraded.


                     Forestry Best Management Practices

                     Forestry Best Management Practices for Water Quality in Virginia encourages log
                     road location, design, and construction which minimizes erosion. In particular, the
                     handbook sets forth guidelines for proper maintenance of drainage systems, road
                     closure and revegetation, and restriction of traffic during unfavorable or wet
                     conditions.



                     Silvicultural Water Quality Law (Sec. 10. 1-1181. 1, et seq. of the Code of Virginia)

                     The Silvicultural Water Quality Law (Sec. 10.1-1181.1, et seq. of the Code of
                     Virginia) is administered by the Department of Forestry (DOF) throughout the
                     state. This law makes it unlawful to cause excessive sediment pollution to enter
                     a stream. To minimize erosion from log road construction or reconstruction, field
                     inspections by DOF staff help ensure proper installation of BMPs as detailed in.
                     the Forestry Best Management Practic       es for Water Quality in Virginia and to
                     ensure compliance with the Silvicultural Water Quality Law. This law gives DOF
                     personnel authority to stop work, issue fines, and require corrective action for any
                     forestry activity which causes or is likely to cause changes to the physical,
                     chemical, or biological proper-ties of state waters resulting from sediment.

                     To assist with implementation of this law, the forest industry provides DOF with
                     monthly listings of tratts where logging will be initiated.


             Department of Forestry / Department of Conservation and Recreation

                     Cost Share Programs

                     The Department of Forestry administers several programs that provide financial
                     assistance to stabilize logging roads. These programs include the Reforestation
                     of Timberlands Program, Stewardship Incentive Program, the Federal Agricultural
                     Conservation Program, and the Forestry Incentive Program. The Reforestation
                     of Timberlands Program will cost share log road stabilization if the road is within


             -ge-pternber 1995                                                                           4-17








                                              State Program Review- for Forestry Management Measures


                        the boundary for the approved Reforestaticn 'of Timberlands project.
                        The Department of Conservation and Recreation manages t@b Virginia Agricultural
                        Cost Share Program which provides assistance to land owners Jor log road
                        stabilization practices such as grading and vegetative stabilization.


                 Virginia Cooperative Extension

                        Logger Education and Assistance,

                        The Cooperative Extension Program, Virginia Tech offers technical assistance,
                        training sessions, and training and education materials to loggers on   all aspects
                        of road construction and logging. These recommendations are based on the Best
                        Management Practices Handbook for Forestry Operations in Virginia and are
                        designed to protect water quality. This sertice is available to loggers statewide.
                        A monthly newsletter highlights current activities and available services.


                 Virginia Marine Resources Commission

                        Submerged Lands and Tidal Wetlands Per77it Program and the Local Wetlands
                        Board Permit Program
                        (Sec. 28.2-1200 through 282-1300, of the Code of Virginia)

                        The Virginia Marine Resources Commission (VMRC) administers the Submerged
                        Lands and Tidal Wetlands Permit ProgramE; and is charged with the review of all
                        tidal wetlands permit decisions of local watland boards. The Tidal Wetlands
                        Permit Program applies throughout Tidewater, Virginia. The Submerged Lands
                        Permit Program applies to all state-owned submerged lands.          Generally this
                        includes waterways with flows greater thar, five cubic feet per second (CFS) or
                        drainage areas greater than five square miies.

                        Permits are issued through a Joint Permit [Review process involving local, state,
                        and federal agencies. Permits-are reviewed based on compliance with statutory
                        requirements, and Commission guidelines a 3 well as advisory assistance provided
                        by cooperating state and federal agencies. Permit review comments are received
                        from the Department of Environmental Quality, Water Division, the Department of
                        Conservation and Recreation and the Department of Game and Inland Fisheries
                        prior to issuing a permit.



                 September 1995                                                                         4-18










                                           State Program Review for Forestry Management Measures



             Virginia State Police

                     Road Safety

                     The Virginia State Police can correct safety hazards            resulting from the
                     accumulation   of mud on paved roads. Citizen complaints in the past have
                     provided the impetus for the State Police to use their enforcement powers.


             MANAGEMENT MEASURE COMPLIANCE


             The state enforceable and voluntary programs described above address-the Road
             Construction/ Reconstruction Management Measure. The Forestry Best Management
             Practices for Water Quality in Virginia encourages loggers to locate, design, and
             construct roads which minimize adverse impacts to water quality and aquatic habitat.
             DOF field staff including forest engineers and a hydrologist are available for assistance
             in log road design, location and construction.

             The Silvicultural Water Quality Law reinforces proper road construction by making it
             unlawful to construct logging roads which cause or have the potential to cause water
             quality degradation. As stated above, this law gives DOF personnel authority to issue
             stop work orders, levy fines, and require corrective action for any forestry activity which
             causes or is likely to cause changes to the physical, chemical, or biological properties
             of state waters resulting from sediment. These voluntary and enforceable programs
             apply throughout the Commonwealth of Virginia.

             Incentive programs which promote proper road design and construction include use-
             value assessment and cost-share assistance programs. Best management practices for
             haul road construction are re@uired for all private lands which receive cost-share financial
             assistance. Similarly, land owners eligible for use-value assessments must follow
             forestry BMP's. These incentive programs are supported by the Virginia Cooperative
             Extension Service which provides BMP training and assistance to loggers. The Virginia
             Department of Forestry (DOF) also provides road design and construction training to its
             staff, the forest industry, and loggers.

             Another state program which applies throughout the state is the Debris in Stream Law.
             This law protects aquatic habitats from excessive debris associated with forestry
             operations including road construction and reconstruction. DOF can use the debris in
             streams law through civil action to require a logger to remove debris from road
             construction from an impacted stream. As well the Virginia State Police can correct


             September 1995                                                                           4-19









                                              State Prog ram Review for Forestry Management Measures


                 safety hazards from mud on hard Surface roads traceable to a logging operation.

                 In addition to the applicable state programs, the George Washindton National Forest
                 staff meet annually with their timber purchasers and contractors for training, information
                 exchange and clarification of road specifications. The George Washington National
                 Forest requires logging contractors to construct log roads in compliance with the Forest's
                 road construction manuals and specifications. lVany large forest product companies
                 have road building manuals that are distributed to loggers and contractors..' 'These
                 specifications are in compliance with the Best Management Practices Handbook for
                 Forestry Operations in Virginia.

                 Collectively, the voluntary and regulatory programs and policies stated above equal or
                 exceed the effectiveness of the road construction/reconstruction managemen.t measure.




                 D.     ROAD MANAGEMENT


                        (1)     Avoid using'roads where possible for timber hauling or heavy traffic
                                during wet or thaw periods on roads not designed and constructed
                                for these conditions.
                        (2)     Evaluate the future need for a road and close roads that will not be
                                needed.. Leave closed roads and drainage channels in a -stable
                                condition to withstand storms.
                        (3)     Remove   drainage crossings and cu)verts if there is a reasonable
                                risk of plugging or failure from lack oF maintenance.
                        (4)     Following completion of harvesting, glose and stabilize temporary
                                spur roads and seasonal roads to control and direct water away
                                from the roadway. Remove all temporary stream crossings.
                        (5)     Inspect roads to determine the need for structural maintenance.
                                Conduct maintenance practices, wheii conditions warrant, including
                                cleaning and replacement of deteriorated structures and erosion
                                controls, grading or seeding of road surfaces, and, in extreme
                                cases, slope stabilization or removal of road fills where necessary
                                to maintain structural integrity.
                        (6)     Conduct maintenance activities, suc,@ as dust abatement, so that
                                chemical contaminants or pollutants are not introduced into surface
                                waters to the extent practicable.
                        (7)     Properly maintain permanent stream crossings and associated fills
                                and approaches to reduce the likelihood (a) that stream overflow
                                will divert onto roads, and (b) thai fill erosion will occur if the


                 September 1995                                                                        4-20









                                           State Program Review for Forestry Management Me--)sures


                           drainage structures become obstructed.

            Applicability: "(This measure) is intended to apply to active and inactive roads constructed or used for
            silvicultural operations."




            APPLICABLE STATE PROGRAMS



            Department of Forestry

                    Forestry Best Management Practices

                    Forestry Best Management Practices for          Water Quality in Virginia encourages
                    proper log road management to minimize          erosion. In particular, the handbook
                    sets forth guidelines for proper maintenance of drainage systems, road closure
                    and revegetation, and restriction of traffic during unfavorable or wet conditions.


                    Silvicultural WaterQualityLaw (Sec. 1b.1-1 181.1, etseq. of the Code of Virginia)

                    The Silvicultural Water Quality Law (Code of Virginia, Secti    'on 10. 1 -118 1.1 et seq.)
                    is administered by the Department of Forestry (DOF) throughout the state. This
                    law makes it unlawful to cause excessive sediment pollution to enter a stream.

                    To assist with implementation of this law, the forest industry provides DOF with
                    monthly listings of tracts where logging will be initiated. Field inspections visits
                    by DOF field staff help ensure proper installation of 6MPs as detailed in the
                    Forestry Best Managpment Practices for Water Quality in Virginia to prevent
                    erosion from log roads actively used for logging or site preparation access and
                    violations of the Silvicultural Water Quality Law. This law gives DOF p(,--,rsonnel
                    authority to issue stop work orders, levy fines, and require corrective action for
                    any forestry activity which causes or is likely to cause changes to the physical,
                    chemical, or biological properties of state waters resulting from sediment.


            Department of Forestry I Department of Conservation and Recreation

                    Cost Share Programs

                    The Department of Forestry administers several programs that provide financial

            September 1995                                                                                 4-21









                                              State Program Review for Forestry Management Measures


                        assistance to stabilize logging roads. These programs include the Reforestation
                        of Timberlands Program, the Stewardship Incentive Pr         'ogram, the Federal
                        Agricultural Conservation Program, and the Forestry Incentive Program. The
                        Reforestation of Timberlands Program will cost share log road stabilization if the
                        road is within the boundary for the approved Reforestation of Timberlands project.


                        The Department of Conservation and Recreation manages the Virginia Agridultural
                        Cost Share Program which also provides a3sistance to landowners for log road
                        stabilization practices such as grading and vegetative stabilization.


                 Virginia Cooperative Extension'

                        Logger Education and Assistance

                        The Virginia Tech Cooperative Extension Program offers technical assistance,
                        training sessions, and educational material to loggers on all aspects of road
                        stabilization and maintenance. This assistance is based on the Best Management
                        Practices Handbook for Forestry Operations in Virginia and is designed to protect
                        water quality.   This service is available to loggers statewide.       A monthly
                        newsletter highlights current activities and available services.


                 Virginia State Police

                        Road Safety

                        The Vir ginia State Police    can correct safety hazards resulting from the
                        accumulation of mud on hard surface roads. Citizen complaints in the past have
                        provided the impetus for the State Police to use their enforcement powers.



                 MANAGEMENT MEASURE COMPLIANCE

                 The state enforceable and voluntary programs des..-ribed above promote proper log road
                 management and maintenance in Virginia. The Forestry Best Management Practices
                 for Water Quality in Virginia encourages loggers to maintain drainage systems and to
                 restrict traffic during unfavorable or wet conditions to minimize adverse water quality
                 impacts. In addition, the handbook encourages proper grading, installation of drainage
                 structures such as water bars, and seeding with native grasses or wild flowers. DOF


                 September 1995                                                                        4-22









                                            State Program Review for Forestry Management Measures


             field staff including forest engineers and a hydrologist are available for assistance in log
             road d@sign, location and construction. These voluntary and enforceable programs apply
             throughout the Commonwealth of Virginia.

             Compliance with the Silvicultural Water Quality Law reinforces proper road management
             by making it unlawful to construct logging roads which cause or have the potential to
             cause water quality degradation. As stated above, this law gives DOF personnel
             authority to issue stop work orders, levy fines, and require corrective action for any
             forestry activity which causes or is likely to cause changes to the physical, chemical, or
             biological proper-ties of state waters resulting from sediment.

             Incentive programs    which provide financial assistance to stabilize logging roads include
             use-value assessment and cost-share assistance programs. Best management practices
             for truck haul road construction, are required for all private lands which receive cost-
             share financial assistance. Similarly, land owners eligible for use-value assessments
             must follow forestry BMP's.      These incentive programs are supported by the Virginia
             Cooperative Extension Service which provides training and education materials to
             loggers on all aspects of road stabilization and maintenance. The Virginia Department
             of Forestry (DOF) also provides road management tra.ining to its staff, the forest industry,
             and loggers.

             The Department of Forestry encourages road closings when logging and reforestation
             have been completed,       Log road restoration can be funded through the Reforestation
             of Timberlands Cost-share Program and the Stewardship Incentive Program. Both of
             these programs are administered by the Department of Forestry.

             In addition'to the statewide programs discussed above, the Virginia State Police can
             correct safety hazards from mud on hard surface roads traceable to a logging operation.
             This state enforceable authority, encourages proper road management.

             In addition to the applicable state programs, the George Washington National             Forest.
             requires logging contractors to maintain temporary roads in compliance with the          Forest
             Service road operation specifications. These requirements are administered through
             timber harvest contracts. The George Washington National Forest often uses roads
             constructed as a result of timber harvest for continued'access for recreation, wildlife
             management, hunting, fishing and forest management throughout the life of the next
             stand of timber. Roads are maintained to strict standards and specifications outlined in
             USDA Forest Service manuals. The George Washington National Forest staff meet
             annually with loggers and contractors for training, information exchange and clarification
             of road specifications, including maintenance.



             September 1995                                                                             4-23








                                                  State Program Review for Forestry Management Measures


                  Collectively, the voluntary and regulatory programs 'and policies stated above equal or
                  exceed the effectiveness of the preharvest planning management. measure.



                  E.      TIMBER HARVESTING
                          The timber harvesting management measure consists of implementing the                                tj
                          following:

                          (1)     Timber harvesting operations with skid trails or cable yarding follow
                                  layouts determined under Management Measure A.
                           (2)    Install landing drainage structures to avoid sedimentation to the
                                  extent practicable. Disperse landing drainage over sideslopes.
                          (3)     Construct landings away from steep slopes and reduce-"the
                                  likelihood of fill slope failures. Protect landing surfaces used during
                                  wet periods. Locate landings outside of SMAs.
                          (4)     Protect stream channels and significant ephemeral drainages from
                                  logging debris and slash material.
                          (5)     Use appropriate areas for petroleurr@ storage, draining, dispensing.
                                  Establish procedures to contain and treat spills.              Recycle or
                                  properly dispose of all waste materials.

                          For cable yarding:

                          (1)     Limit yarding corridor gouge or soil plowing by properly locating
                                  cable yarding landings.
                          (2)     Locate corridors for SMAs following Management Measure B.

                          For groundskidding:

                                                   4
                          (1)     Within SMAs, operate groundskidding equipment only at stream crossings
                                  to the extent practicable.        In SUAs, fell and endline trees to avoid
                                  sedimentation.
                          (2)     Use improved stream crossings for skid trails which cross flowing
                                  drainages.      Construct skid trails to disperse runoff and with
                                  adequate drainage structures.
                          (3)     On steep slopes, use cable systems rather than groundskidding
                                  where groundskidding may cause e),,cessive sedimentation.

                  Aoolicability: "(This measure) is intended to apply to all harvesting, yarding, and hauling conducted as part
                  of normal silvicultural activities on harvest units larger than 5 acres. This measure does not apply to
                  harvesting conducted for precommercial thi nnings or nonco-nmercial firewood cutting."

                  September 1995                                                                                  4-24









                                            State Program Review for Forestry Management Measures



             APPLICABLE STATE PROGRAMS


             Chesapeake Bay Local Assistance Department

                     Chesapeake Bay Preservation Act (CBPA)
                     (Sec. 10.1-2100 through 2115 of the Code of Virginia)
                     Chesapeake Bay Preservation Area Designation and Management Regulations
                     (VR 173-02-01)

                     The Chesapeake Bay Preservation Area (CBPA) Designation and Management
                     Regulations (VR 173-02-01), implemented through 84 local governments in the
                     Chesapeake Bay watershed area of the coastal marrigement zone, require all
                     local governments in this area to adopt ordinances to control land use activities
                     and to protect water quality. Each local CBPA ordinance requires silvicultural
                     operations to adhere to the water quality protection procedures in the Department
                     of Forestry BMP Handbook.

                     The Chesapeake Bay Local Assistance Department has estimated that
                     approximately 80% of all lands within Tidewater Virginia have been designated
                     as CBPAs. The Resource Protection Area component of CBPAs includes all
                     perennial flowing waterbodies within Tidewater, Virginia. CBPAs do not cover the
                     entire region as most local government did not designate their entire jurisdiction.
                     Preservation areas in these localities were targeted to include land types that
                     could have the most significant impacts on water quality.


             Department of Environmental Quality

                     Oil Spills (Art. 11, Sec. 62.1-44.34 of.the Code of Virginia)

                     Article 11 Section 62.1 - 44.34 of the Code of Virginia prohibits the discharge of
                     any volume of oil. Specifically, it states that the discharge of oil into or upon state
                     waters, land, or storm drain systems is prohibited within the Commonwealth of
                     Virginia.









             September 1995                                                                             4-25








                                                State Program Review for Forestry Management Measures


                 Department of Forestry

                         Debris in Streams Law (Sec. 62.1-194.2, et seq. of the Code of Virginia)

                         The Department of Fo*restry administers the Debris in Stream Law which applies
                         statewide. DOF staff can cite a logger or forestry operator for placing logging
                         debris in a stream if stream flow is impeded or if habitat and water quality are
                         degraded.


                         Forestry Best Management Practices

                         Forestry Best Management Practices for Alater Quality in Virginia encourages
                         proper harvest management to minimize erosion. The handbook-'sets forth
                         guidelines for proper design and construction of log decks, landings, portable
                         sawmill locations, and skidding trails. These guidelines address proper location
                         of landings and skid trails, protection of streams and streambanks, waste
                         management, and other appropriate erosion control practices.               Department
                         sponsored forestry BMP training sessions have reached over 1,800 loggers.


                         Silvicultural Water Quality Law (Sec. 10. 1-1181.  1, et seq. of the Code of Virginia)

                         The Silvicultura I Water Quality Law (Sec. 10.1-1181.1, et seq. of the Code of
                         Virginia) is administered by the Department of Forestry (DOF) throughout the
                         state. This law makes it unlawful to cause excessive sediment pollution to enter
                         a stream.


                         To assist with implementation of this law, the forest industry provides DOF with
                         monthly listings of traQts where logging will tie initiated. Field inspections by DOF
                         staff help ensure proper installation of BMPs as detailed in Forestry Best
                         Management Practices for Water Quality in Virginia to prevent erosion from
                         timber harvesting operations and possible violations of the Silvicultural Water
                         Quality Law. This law gives DOF personnel authority to issue stop work orders,
                         levy fines, and require corrective action for any forestry activity which causes or
                         is likely to cause changes to the physical, chemical, or biological properties of
                         state waters resulting from sediment.







                September 1995                                                                             4-26









                                            State Program Review for Forestry Management Measures


              Virginia  Cooperative Extension

                     Logger Education and Assistance

                     Through    the Cooperative Extension Program, Virginia Tech o*ffers technical
                     assistance, training sessions, and educational material to loggers on skidding.
                     This assistance is based on the Best Management Practices Handbook for
                     Forestiy and is designed to protect water quality. This service is available to
                     loggers statewide. A monthly newsletter highlights current activities and available
                     services.



              Virginia Forestry Association and the Lumber Manufacturers Association

                     Occupational Safety and Health Administration

                     Two Virginia organizations, the Lumber Manufacturers and the Virginia Forestry
                     Association provide materials to loggers regarding Occupational Safety and Health
                     Administration (OSHA) requirements. A training manual is available through these
                     organizations which includes Best Management Practices information.


              MANAGEMENT MEASURE COMPLIANCE

              The Department of Forestry inspects all logging sites for compliance with Best
              Management Practices and to enforce the Silvicultural Water Quality Law. Department
              of Forestry programs include: preharvest planning services, on-site logger meetings,
              logger training, site inspections, enforcement of the Debris in Streams Law and the
              Silvicultural Water Quality Law. Technical assistance is also provided to landowners and
              loggers by DOF forest engineers and a hydrologist.

              The Department of Forestry encourages forestry operations to implement BMPs which
              address the requirements specified in the Timber Harvesting management measure.
              Specific BMP's include: proper design and construction of log decks, landings, portable
              sawmill locations, and skidding trails. Proper waste management and appropriate
              erosion control practices are also encouraged. The Virginia Tech Cooperative Extension
              Program and DOF provide training for loggers in skidding techniques.                  Regional
              conferences, such as one on wetland logging in coastal areas, have been sponsored and
              conducted by university staff. Training materials and a video are also available.

              The Department of Environmental Quality, Water Division can take actions for oil spills


              September 1995                                                                             4-27








                                             State Program Review for Forestry Management Measures


                 on logging skid trails, landings or decks with protlems if notified of the situation. This
                 authority is also enforceable statewide.

                 In addition to the applicable state programs, the George Washington       National Forest
                 requires logging contractors to develop and use skid trails in compliance with the
                 Forest's specifications. These requirements are administered through logging contracts.
                 The George Washington National Forest uses timber sale contracts to prevent improper
                 skidding. Annually, Forest Service staff meet with contractors to discuss speciftations
                 and procedures for logging and timber sale contracts.

                 Tree cutting and skidding are two of the most dangerous            silvicultural activities.
                 Insurance carriers sponsored by the Virginia Forestry Association and the Lumber
                 Manufacturers Association conduct training progr3ms emphasizing safety, _qMPs, and
                 equipment maintenance. These training progra,.,ns are available to all loggers. In
                 addition, Department of Labor and Industry Safety officers periodically inspect logging
                 operation for safety hazards and violation of worker safety laws. They work with the
                 Department of Forestry to improve all aspects of logging, including BMP compliance..

                 Silvicultural operations in Chesapeake Bay Preseriatio n Areas that do not adhere to the
                 Department of Forestry BMP Handbook must comply with the local CBPA ordinance
                 requirements. However,. the only CBPA ordinancE requirement pertaining to silviculture
                 that can be enforced is the requirement for a 100-foot wide vegetative buffer area along
                 all tidal wetlands, tidal shores, tributary streams, and nontid'al wetlands -connected by
                 surface flow and contiguous to the other features ([@esource Protection Areas). As such,
                 timber harvesting activities can be addressed in the SMA only. If a timber harvesting
                 violation occurs in the SMA, it would also be considered a CBPA buffer area violation
                 and revegetation of the full 1 00-foot wide CBPA buifer area and any associated wetlands
                 would be required.

                 Collectively, the voluntary aod regulatory programs and policies stated above equal or
                 exceed the effectiveness of the requirements for road management specified in the
                 guidance.



                 F.    Site Preparation and Forest Regeneration

                       Confine on-site potential NPS pollution al7d erosion resulting from site
                       preparation and the regeneration of forest stands. The components. of the
                       management measure for site preparation and regeneration are:



                 September 1995                                                                       4-28








                                               State Program Review for Forestry Managernent Measures


                        (1)    Select a method of site preparation and regeneration suitable for
                               the site conditions.
                        (2)    Conduct mechanical tree planting and ground-disturbing site
                               preparation activities on the contour of.sloping terrain.
                        (3)    Do not conduct mechanical site preparation and mechanical tree
                               planting in streamside management areas.
                        (4)    Protect surface waters from logging debris and slash material.
                        (5)    Suspend operations during wet periods if equipment us&d begins"
                               to cause excessive soil disturbance that will increase erosion.
                        (6)    Locate windrows at a safe distance from drainages and SMAs to
                               control movement of the material during high runoff conditions.
                        (7)    Conduct bedding operations in high-water-table areas during dry periods
                               of the year. Conduct bedding in sloping areas on the contour.
                        (8)    Protect small ephemeral drainages when conducting mechanical
                               tree planting.

               Applicability: "(This measure) is intended to apply to ail site preparation and regeneration activities as part
               of normal silvicultural activities on harvest units larger than 5 acres."



               APPLICABLE STATE PROGRAMS


               Che.sapeake Bay Local Assistance Department

                        Chesapeake Bay Preservation Act (CBPA)
                        (Sec. 10.1-2100 through 2115 of the Code of Virginia)
                        Chesapeake Bay Preservation Area Designation and Management Regulations
                        (VR 173-02-01)

                        The Chesapeake Say Preservation Area (CBPA) Designation and Management
                        Regulations (VR 173    02-01), implemented 'through 84 local governments in the
                        Chesapeake Bay watershed area of the coastal marrigerrierit zone, require all
                        local governments in this area to adopt ordinances to control land use activities
                        and to protect water quality.
                        The Chesapeake Bay Local Assistance Department ha's estimated 'that
                        approximately 80% of all lands within Tidewater Virginia have been designated
                        as CBPA. The Resource Rrotection Area component of CBPAs includes all
                        perennial flowing waterbodies within Tidewater Virginia. CBPAs do not cover the
                        entire region as most local government did not designate their entire jurisdiction.
                        Preservation areas in these localities were targeted to include land types that
                        could have the most significant impacts on water quality.

              Septemoer    995.                                                                             4-29








                                                State Program Review for Forestry Management Measures


                         Silvicultural operations in Chesapeake Bay Preservation Areas that do not adhere
                         to the Department of Forestry BMP Handbook must comply with the local CBPA
                         ordinance requirements.        However, the only CBPA ordinance requirement
                         pertaining to silviculture that can be enforced is the requirement for a 100-foot
                         wide vegetative buffer area along all tidal we'*Iands, tidal shores, tributary streams,
                         and nontidal wetlands connected by surface flow and contiguous 'to the other
                         features (Resource Protection Areas). As such, site preparation activities are
                         prohibited in the SMA.       If site preparation occurs in the SMA it wobld be
                         considered a CBPA buffer area violation and revegetation of the full 1 00-foot wide
                         CBPA buffer area and any associated wetland would be required.



                 Department of Environmental Quality

                         Emission Standards for Open Buming (Rule 4-40)

                         Prescribed burning activities are regulated by the Department of Environmental
                         Quality, Air Division under Emission Standards for Open Burning (Rule 4-40).
                         Additionally, the Department of Forestry has developed, A Guide to VVIldland
                         Fuels Smoke Management. Training based on these voluntary guidelines have
                         been given to all Department employees and to many forest industry employees.


                Department of Forestry

                         Debris in Streams Law (Sec.. 62.1-194.2, at seq. of the Code of Virginia)

                         Under section 62.1-194.2 of the Code of Virginia, Department of Forestry staff can
                         cite a logger or forestry operator placing logging debris in a stream if flow is
                         impeded or habitat and water quality degraded. This law encourages proper
                         streamside management and applies statewide.


                         Forestry Best Management Practices

                         Forestry Best Management Practices for Water Quality in Virginia encourages the
                         use of suitable methods of site preparation and f1crest regeneration. These
                         guidelines recommend mechanical planting on contour during favorable weather
                         conditions and discourage mechanical site preparation and planting in Streamside
                         Management Zones (SMZs). The handbook describes guidelines for ei             ght site


                Septemoer 1995                                                                              4-30









                                            State Program Review for Forestry Management Measures


                      preparation and forest regeneration practices.


                      Silvicultural Water Quality Law (Sec. 10. 1-1181.1, et seq. of the Code of Virginia)

                      The Silvicultural Water Quality Law (Code of Virginia, Section 10. 1-1181.1 et sec.)
                      is administered by the Department of Forestry (DOF) and applies to the entiie
                      state. This law makes it unlawful to cause excessive sediment pollution-tcr enter
                      a stream, and it can be used to take corrective actions, levy fines or issue stop
                      work orders on mechanical site preparation activities which 'threatens water
                      quality.


                      Virginia Seed Tree Law (Sec. 10.1 - 1163, et seq. of the Code of Virginia)

                      The Virginia Seed Tree Law ï¿½10.1 - 1163 of the Code o       'f Virginia, administered
                      by DOF, requires that a preharvest plan be prepared and approved by the State
                      Forester or that a forest operation be subject to the requirement 'that eight cone-
                      bearing trees with a minimum 14 inch diameter be preserved. This law may also
                      require an alternate management plan to address reforestation for pine or pine-
                      hardwood tracts harvested in Virginia. DOF also provides landowner assistance
                      regarding site preparation methods and reforestation requirements.


              Department of Forestry I Department of Conservation and Recreati            on

                      Cost Share Programs

                      The Department of Forestry administers the Reforestation of Timberlands
                      Program, the Stewardship Incentive, the federal Agricultural Conservation
                      Program, and Forestry Incentive Program.

                      The Department of Conservation and Recreation manages the Virginia Agricultural
                      Cost Share Program and also provides assistance to land owners for site
                      preparation and revegetation.



              MANAGEMENT MEASURE COMPL,              I A N C E


              DOF guidelines published in Forestry Best Management Practices for Water Quality in
              Virginia are intended to increase the benefits received from forest land while maintaining


              Septemoer 1995








                                              State Program ReviewJbr Forestry Management Measures


                 water quality. These guidelines also address many of the requirements specified in the
                 site preparation and forest regeneration management measu            'r'e. Specifically, the
                 handbook encourages mechanical planting on contour during- favorable weather
                 conditions and discourages mechanical site preparation operations in Strearnside
                 Management Zones (SMZs). The handbook also describes eight site preparation and
                 forest regeneration practices intended to protect water quality. DOF field staff, forest
                 engineers, and a hydrologist, are available to provide technical assistance.

                 The Silvicultural Water Quality Law gives DOF personnel authority to issue stop         work
                 orders, levy fines, and require corrective action for site        preparation    and   forest
                 regeneration activities which degrade or have the potential to degrade water quality.
                 These voluntary and enforceable programs apply throughout the Commonwealth of
                 Virginia.

                 The Virginia Stewardship fricentive Program and Reforestation of Timberlands Cost
                 Share Program require preparation of a management plan for funded activities. The
                 Virginia Reforestation of Timberlands program is managed by DOF staff with an advisory
                 board. Appropriate site preparation and seedling planting practices are required by
                                                All site preparation methods are prioritized for cost-
                 these incentive programs.
                 effectiveness and impacts to the environment- Mechanical site preparation methods
                 have a low priority and 'thus are infrequently funded. Mechanical tree planting is not
                 frequently used for reforestation or site preparation in Virginia. Mechanical tree planters
                 are sometimes used in hardwood areas or for open field planting.

                 The Virginia Agricultural Cost Share Program, also provides financial assistance to
                 landowners for BMPs    used during site preparation and revegetation. This program is
                 administered by the Department of Conservation and Recreation.

                 Prescribed burning is  regulated by 'the Department of Environmental Quality under the
                 Emission Standards for Oppn Burning Regulation!E. Smoke management plans are
                 written for each prescribed burn funded through cost-share programs and/or conducted
                 by the Department of Forestry. While primarily prepared for human health purposes,
                 smoke management plans also address pertinent emironmental concerns. Forexample,
                 fire lanes are placed on contour where possible, and BMPs are installed on all fire lanes
                 on burns conducted by DOF.

                 The Virginia Seed Tree Law addresses reforestation      for pine or pine-hardwood tracts
                 harvested in Virginia. As well, DOF provides lardowner assistance regarding site
                 preparation methods and reforestation requirements.




                 September 1995                                                                         -@-32









                                                  State Program Review for Forestry Management Measures


                 Silvicultural operations in Chesapeake Bay Preservation Areas that do not adhere to the
                 Department of Forestry BMP Handbook must comply with the local CBPA ordinance
                 requirements. However, the only CBPA ordinance requirement pertaining to silviculture
                 that can be enforced is the requirement for a 100-foot wide vegetative buffer area along
                 all tidal wetlands, tidal shores, tributary streams, and nontidal wetlands connected by
                 surface flow and contiguous to the other features (Resourc-- Protection Areas). As such,
                 site preparation activities are prohibited in the SMA. If site preparation occurs in the
                 SMA, it would be considered a CBPA buffer area violation and revegetcatiun of the full
                 100-foot wide CBPA buffer area and any associated wetlands would be required.

                 Collectively, state programs and enforceable policies enable Virginia to meet the Site
                 Preparation and Forest Regeneration Management Measure.




                 G.     FIRE MANAGEJWENT

                        Prescribe fire for site preparation and control or suppress wildfire in a
                        manner which reduces potential nonpoint source pollution of surface
                        waters:


                        (1)      Intense prescribed f7re should not cause excessive sedimentation
                                 due- to the combined effect of removal of canopy species and the
                                 loss of soil-binding ability of subcanapy and herbaceous vegetation
                                 roots, especially in SiWAs, in streamside vegetation for small
                                 ephemeral drainages, or on very steep slopes.
                        (2)      Prescriptions for prescribed fire should protect against excessive erosion
                                 or sedimentation to the extent practicable.
                        (3)      All bladed firelines, f'or prescribed fire and wildfire, should be plowed on
                                 contour or stal@ilized with water bars andlor other appropriate techniques
                                 if needed to control excessive sedimentation or erosion of the fireline.
                        (4)      Wildfire suppression and rehabilitation should consider possible NPS
                                 pollution of watercourses, while recognizing the safety and operational
                                 priorities of fighting wildfires.
                Aool-icabilitv: "(This measure) is intended to apply to all harvesting, yarding, and hauling prescribed
                burning conducted as  'part of normal silvicultural activities on harvest units larger than 5 acres and for
                wildfire suppression and rehabilitation on forest land."







                September 1995                                                                                     4-33








                                                State Program Review for Forestily Management Measures'


                  APPLICABLE STATE PROGRAMS


                  Department of Environmental Quality

                         Emission Standards for Open Burning (Rule 4-40)

                         Prescribed burning activities are regulated ty the Department of Environmental
                         Quality, Air Division under Emission Standards for Open Burning (Rule 4-40).
                         In addition, the Department of Forestry has prepared a smoke management guide
                         which provides a plan format to be followed for each prescribed burn. This plan
                         is used on each site on the day of the burn. The Department of Forestry regional
                         offices are notified and keep a log of each sivicultural prescribed burn.


                  Department of Forestry

                         Forestry Best Management Practices

                         Forestry Best Management Practices for Water Quality in Virginia addresses
                         wildfire reclamation and encourages the use of prescribed burning practices which
                         protect surface waters from excessive sedimentation. Specific practices for wild
                         fire reclamation include reforestation of bare soil and stabilization of firelines,
                         eroding gullies, and access roads. The handbook also discourages plowing
                         firelines directly into streams.       BMP's for prescribed burning encourage
                         construction of firelines along Strearnside IvIanagement Areas to protect the
                         integrity -of these areas. As well, water bars and turnouts are encouraged to
                         disperse runoff and to prevent runoff from being channeled directly into streams.

                         The Department of Forestry provides private forest landowners with information
                         on prescribed fire opprations. In addition, the Department develops and trains
                         private contractors to provide prescribed fire services.


                         Silvicultural Water Quality Law (Sec. 10.1-1181.1, et seq. of the Code of Virginia)

                         The Silvicultural Water Quality Law (Code of Virginia, Section 10.1-1181.1 et seq.)
                         is administered by the Department of Forestrj (DOF) over the entire state. This
                         law makes it unlawful to cause excessive sediment pollution to enter a stream.
                         This law can be used to take corrective actions, levy fines or stop work on a site
                         preparation operation which threatens water quality due to mechanical site
                         preparation activities. As well it reinforces prescribed burning BMP's detailed in


                 September 1995                                                                             4-34









                                            State Program Review for Forestry Management Measures


                      Forestry Best Management Practices for Water Quality in Virginia. DOF staff
                      routinely inspect logging operations to help ensure compliance with this law.


               Department of Forestry / Department of Conservation and Recreation

                      State Cost Share Programs

                      The Department of Forestry administers the Reforestation of Timberlands
                      Program, the Stewardship Incentive Program, the federal Agricultural
                      Conservation Program, and Forestry Incentive Program. These programs provide
                      financial assistance for prescribed burning which must be conducted in
                      accordance with the Forestr
                                                   y Best Management Practices Manual.



               MANAGEMENT MEASURE COMPLIANCE


               The Commonwealth of Virginia addresses fire management 'through a combination of
               voluntary, incentive, and regulatory programs. Best Management Practices (BMP's) for
               prescribed burning and wildfire suppression and rehabilitation are outlined in Forestry
               Best Management Practices for Water Quality in Virginia. These practices promote
               wildfire reclamation and encouraae the use of prescribed burning practices which protect
               surface waters from excessive sedimentation. Proper burning techniques, in accordance
               with the Department of Forestry BMP handbook, must be used on all forest operations
               using cost-share assistance and Department of Forestry supervised burns.

               Wildfire suppression is coordinated by the Department of Forestry, local -fire departments
               and Federal agencies. Extensive training is provided to all fire fighters and managers
               on the Incident Command System for fire fighting protocol. The Department of Forestry
               provides stabilization recommendations to landowners experiencing permanent land
               disturbance from a severe wildfire. On occasion, Soil and Water Conservation Districts
               have funded stabilization projects.

               The Department of Forestry must be notified for all silvicultural prescribed burns
               conducted in Virginia and site @nspections are performed to ensure that prescribed
               burning and wildfire suppression and rehabilitation activities comply with the Silvicultural
               Water Quality Law.

               The George Washington National Forest uses prescribed burning as a site preparation
               technique and actively suppresses all wildfire unless within a specially designated
               wilderness area.



               September 1995                                                                          4-35








                                                State Program Review i"or Forestry Management Measures


                  Collectively, the voluntary and regulatory prograrris and policies stated above protect
                 water quality as effectively as the specified fire management measure.


                 H.      Revegetation of Disturbed Areas

                         Reduce erosion and sedimentation by r3pid revegetation of areas
                         disturbed by harvesting operations or road c)nstruction:

                         (1)    Revegetate disturbed areas (using si@eding or planting)        promptly
                                after completion of the earth-disturbOg activity. Local growing
                                conditions will dictate the timing for establishment of vegetative
                                cover.
                         (2)    Use mixes of species and treatments developed and taildred--for
                                successful vegetation establishment for the region or area.
                         (3)    Concentrate revegetation efforts initizifly on priority areas  such as
                                disturbed areas in SMAs or the steepest areas of disturbance near
                                drainages.

                 Apolicability: "(This measure) is intended to apply to all distuted areas resulting from harvesting, road
                 building, and site preparation conducted as a part of norma.1 s1vicultural activities."



                 APPLICABLE STATE PROGRAMS


                 Chesapeake Bay Local Assistance Department

                         Chesapeake Bay Preservation Act (CBPA)
                         (Sec. 10.1-2100 through 2115 of the Code oj, Virginia)
                         Chesapeake Bay Preservation Area Designadon and Management Regulations
                         (VR 173-02-01)

                         The Chesapeake Bay Preservabon Area (CSPA) Designation and Management
                         Regulations (VR 173-02-01), implemented through 84 local governments in the
                         Chesapeake Bay watershed area of the coa:;tal marrigement zoney, require all
                         local governments in this area to adopt ordinances to control land use activities
                         and to protect water quality. Each local CSPA ordinance requires silvicultural
                         operations to adhere to the water quality protection procedures in the Department
                         of Forestry BMP Handbook.

                         The Chesapeake Bay Local Assistance Department has estimated that
                         approximately 80% of all lands within Tidewater Virginia have been designated

                 September 1995                                                                            4-35









                                            State Program Review for Forestry Management Measures


                      sometimes address calibration requirements.

                      Certain Virginia regulations require that application equipment be in good working
                      order and properly calibrated. Furthermore, these regulations require the use of
                      backflow preventers to protect water supply systems, lakes, other sources of
                      water or other materials. Violation of these regulations triggers enforcement
                      under the authority of the Act.

                      Violations of the Virginia Pesticide Control Act can result in revocation or
                      suspension of licenses and/or assessment of penalties.           Enforcement is
                      administered through 10 regional offices with investigation staffs. Unannounced,
                      random field inspections of pesticide applications are used to enforce the Virginia
                      Pesticide Control Act.



               MANAGEMENT MEASURE COMPLIANCE

               Virginia's approach to pesticide management fully meets the forest chemical
               management measure.        Voluntary practices set forth in Forestry Best Management
               Practices for Water Qualiby in Virginia encourage proper planning and application of
               pesticides and fertilizers to protect surface waters.   In addition the Department of
               Forestry (DOF) administers an aerial spraying program which helps ensure that pesticide
               application is conducted in manner. which minimizes impacts to surface waters.

               The Vi'rginia Department of Agriculture and Consumer Services (VDACS) administer the
               Virginia Pesticide Control Program which regulates who and how pesticides will be used
               in the state by enforcing the federal label requirements and Worker Protection Standard
               and requiring training and licensing of individuals and businesses that apply pesticides.



               J.    Wetlands Forest


                     Plan, operate, and manage nonnal, ongoing forestry activities (including
                     harvesting, road design and construction, si         .re preparad .an and
                     regeneration, and chemical management) to adequately protect the
                     aquatic functions of forested wetlands.


               Acolicability: "(This measure) is intended to apply specifically to forest management activities in forested
               wetlands and to supplement the previous management measures by addressing the operational
               circumstances and management practices appropriate for forested wetlands."



               September 1995                                                                       4-41








                                               State Program Review for Forestry Management Measures





                 APPLICABLE STATE PROGRAMS


                 Department of Forestry

                        Forestry Best Management Practices

                        Forestry Best Management Practices for Water Quality in, Virginia devotes
                        considerable attention to properly managing forested wetlands. The handbook
                        includes a discussion of wetlands soils, ty;oes of forested wetlands, and SMP
                        guidelines specifically suitable for silvicultural operations in wetland forests. The
                        following wetland BMP topics are described ii the handbook: preharvest planning,
                        truck haul roads, skid trails, log decks, streainside management zones,- and cross
                        drainage.


                        Silvicultural Water Quality Law (Sec. 10.1-1,181.1, etseq. of the Code of Virginia)

                        The Silvicultural Water Quality Law (Section 10. 1-1181. 1, et seq. of the Code of
                        Virginia), is administered by 'the Department of Forestry (DOF) throughout the
                        state. This law makes it unlawful to cause E=essive sediment pollution to enter
                        a stream.


                        To assist with implementation of this law, the forest industry provides DOF with
                        monthly listings of tracts where logging will be initiated. Routine field i6spections
                        of logging operations by DOF field staff ensure proper installation of 8MPs and
                        compliance with the Silvicultural Water Quality Law. This law gives DOF
                        personnel authority to issue stop work orders, levy fines, and require corrective
                        action for any forestr@ activity which causes or is likely to cause changes to the
                        physical, chemical, or biological propertiES of state waters resulting from
                        sediment.



                Virginia Marine Resources Commission

                        Submerged Lands and Tidal Wetlands Pemiit Program and the Local Wetlands
                        Board Pennit Program
                        (Sec. 28.2-1200 through 28.2-1300, of the Code of Virginia)

                        The Virginia Marine Resources Commission i'VMRC) administers the Submerged


                September 1995                                                                           4-42








                                               State Program Review for Forestry Management Meesures


                       Lands and Tidal Wetlands Permit Program and is charged with the review of all
                       tidal wetland permit decisions of local wetlands boards. Jhe Tidal Wetlands
                       permit program applies throughout Tidewater, Virginia. The Submerged Lands
                       Permit Program applies statewide to all State-owned submerged lands.
                       Generally, this includes waterways with flows greater than five cubic feet per
                       second (CFS) or drainage areas greater than five square miles.

                       Silvicultural activities in wetland areas may require a permit. Permits are issued
                       through a joint permit review process involving local, state, and flederal agencies.
                       Permits are reviewed based on compliance with statutory requirements,
                       Commission guidelines, and advisory assistance provided by cooperating state
                       and federal aciencies. Involved agencies include the Department Environmental
                       Quality, Department of Conservation and Recreation, Department of Health, and
                       Department of Game and Inland Fisheries.



               MANAGEMENT MEASURE COMPLIANCE


               The Department of Forestry's BMP handbook provides detailed guidance on silvi@ultural
               practices that should be applied in forested wetlands. Implementation of these wetl2nd
               BMPs, protects Virginia's wetland resources. Routine field inspections by DOF staff
               encourage 'the proper installation of wetland BMPs and compliance          with the Silvicultural
               Water Quality Law. This law gives DOF personnel authority to issue stop work orders,
               levy fines, and require corrective action for any forestry activity which degrades state
               waters.


               The Tidal Wetlands permit program administered by Virginia Marine Resources
               Commission (VMRC) applies throughout Tidewater, Virginia, and may be used to protect
               state waters. Silvicultural activities in wetland areas may require a permit.

               The George Washington National Forest designates all strearnside areas and wetlands
               for special management considerations under their "Streamside Area Management"
               policy. To protect stream side zones, the George Washington National Forest staff
               designate all riparian management areas in management plans and timber sale
               contracts.   Sales contracts are -used to specify conditions of logging operations in
               strearnside management areas.

               State enforceable policies and mechanisms meet the requirements specified in the
               management measure for Wetland Forests.





               Septemaer 7995








                                            State Program Review for Forestry Management Measures



                FORESTRY


                A. Preharvest Planning                  Meets

                B Strearnside Management Areas          Meets

                C. Road Construction/Reconstruction     Meets


                D. Road Management                      Meets

                E. Timber Harvesting                    Meets

                F. Site Preparation and Forest
                  Regeneration                          Meets

                G. Fire Management                      Meets

                H. Revegetation of Disturbed Areas      Meets

                1. Forest Chemicals                     Meets


                J. Wetlands Forest                      Meets-

























              September 1995                                                                     4-44































                                       fit



                         ManA..,,,orernent. measures
                                   for urban- areas
                                   rill.
                                       IL













                                                  CHAPTER 5



                          Management Measures for Urban Areas


              Environmental Protection Agency (EPA) and National Oceanic and Atmospheric
              Administration (NOAA) have identified six broad categories of urban activities that may
              adversely affect coastal waters. These include developing areas, construction sites,
              existing development, onsite disposal systems, general sources, and roads, highways
              and bridges.    These urban activities have been targeted because increases in
              impervious area, associated with urbanization, result in increased volumes of runoff,
              greater peak discharges, higher velocities, and increases in pollutant loads.

              In May 1993, an Urban Work Group was formed to compare existing state nonpoint
              source pollution control programs of the Commonwealth of Virginia with the Management
              Measures and program requirements included in Coastal Zone Act Reauthorization
              Amendments guidance documents issued by the Environmental Protection Agency and
              the National Oceanic and Atmospheric Administration. The Urban Work Group included
              representatives from the Department of Conservation and Recreation, Chesapeake Bay
              Local Assistance Department, Department of Environmental Quality, Department of
              Health, and the Virginia Department of Transportation: The Home Builders Association
              of Virginia, Chesapeake Bay Foundation, Lower James River Association, Crater
              Planning District Commission (PDC), Hampton Roads PDC, Northern Virginia PDC, and
              RADCO PDC have also participated in the work group.

              This assessment of state nonpoint source pollution control programs, was produced
              using information collected through work group meetings, interviews with state agency
              staff, and work sheets completed for applicable programs. The matrix on page 4-3
              identifies which state programs apply to the management measures for urban areas.
              This chapter details the specific requirements of each measure and describes applicable
              state programs. Program descriptions are not comprehensive; rather, they focus on
              aspects of state programs applicable to the specified management measures. A table
              at the end of the chapter summarizes how state programs address the urban areas
              management measures within the coastal zone.


              September 1995                                                                    5-1






                                                                    Urban Management Measures

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                             Stormwater Managemen(Act           x      x
                                                                                                                              x      x                    x      x
                            Erosion and Sedinien(Con(rof
                                         Law                                  x     x      x                                  x      x
                                                                                                                                             x     x      x
                                   GhusapeakL- j5ay
                      V)           Preservation Act             x      x      x     x             x      x      x             x      x       x            x
                      E      Sewage Handling & Disposal
                                     Regulations                                                         x      x      x
                                Virginia Department of
                                    Transportation                                                                            x      x       x     x      x
                                 Nutrient Management
                                       Program                                                                         x
                     4-j
                                 Pesticide Regulations
                     4-j                                                                   x
                                                                                                                                                   x
                              Solid Was(e Management
                                     Regulations                                           x                                                       x
                                 Recycling Programs                                        x                           x
                               Pollution Prevention and
                              Waste Reduc(lon Programs                                                                 x
                               Virginia Water Protection
                                  Permit Regolallons                          x                                               x      x
                              Oil Spill Contingency Plan                                   x
                                                                                                                                                   x
                                         UST                                               x
                                                                                                                                                   x
                              Virginia Marine Resources
                                     Commission                               x                                               x      x


                                                                                                                                                  SepternbPr 1q95


                                                                                                                                             01









                                            State Program Review for Urban Management Measures



             For each management measure, the Urban Work Group has evaluated how well state
             programs comply with the federal guidance based on: (1) specific management measure
             requirements or performance standards, and (2) enforceable policies or mechanisms.


             Relationship to the NPOES Stormwater Discharge Permit Program

             EPA is excluding all stormwater discharges that are covered by Phase I of the NPDES
             stormwater discharge permit program from coverage under section 6217(g) guidance.
             This includes any discharge from a municipal storm sewer system serving a population
             of 100,000 or more; any discharge of stor  'mwater associated with an industrial activity;
             any discharge that has already been permitted; and any discharge for which EPA or the
             state makes a determination that the stormwater discharge contributes to a violation of
             a water quality standard or is a significant contributor of pollutants to waters of the
             United States.



             State Program Descriptions

             The Department of     Conservation and Recreation and the Chesapeake Bay Local
             Assistance Department administer programs that are applicable to several management
             measures. These programs are described here; specific program requirements are
             noted for each management measure.


             Department of Conservation and Recreation

                    Erosion and Sediment Control Law

                    The Erosion and Sediment Control Law was adopted in 1973 (ï¿½ 10. 1 -560, et seq.,
                    Code of Virginia). Minimum criteria, standards and guidelines established in the
                    1974 Virginia Erosion and Sediment Control Handbook evolved into the Virginia
                    Erosion and Sediment Control Regulations (VR 625-02-00) adopted in 1990 by
                    the Soil and Water Conservation Board.


                    The state erosion and sediment control program addresses erosion and sediment
                    transport that occur from land development during project construction. The
                    regulations establish minimum standards for local erosion and sediment control
                    programs and state agency projects and are applicable to land development
                    projects disturbing 10,000 square feet or more.


             September 1995                                                                      5-3









                                                State Program Review for Urban Management Measures


                       This regulatory program is implemented stalewide through 171 local erosion and
                       sediment control programs and the Departrrent of Consen/ation and Recreation.
                       Localities implement the program through the adoption of local ordinances.
                       Localities may reduce the 10,000 square foot threshold and may adopt criteria
                       more stringent than the minimum requireME.nts contained in the regulations.

                       Localities oversee compliance with local program requirements on private land
                       development projects. Enforcement options specified in the law include stop work
                       orders, criminal penalties, a schedule of civil penalties, and civil charges (ï¿½ï¿½ 10.1-
                       562.J, 10.1-566.C, 10.1-569, 10.1-569.1, Cade of Virginia).

                       Compliance with the erosion and sediment control regulations is compulsory for
                       state agencies. State agencies must submil. erosion and sediment control plans
                       to the Department of Conservation and Recreation for review and approval before
                       any land-disturbing activity may commence.

                       The Department of Conservation and Recreation has oversight responsibilities for
                       local programs and state: agency projects. If a locality is found to have a program
                       which does not comply with the minimum requirements, the Soil and Water
                       Conservation Board will notify the program authority and identify the required
                       corrective action. If the corrective action is riot implemented,' the Soil and Water
                       Conservation Board may revoke its approval of the local program (ï¿½ 10.1-562.E,
                       Code of Virginia). In extreme cases, the Soil and Water Conservation Board may
                       issue a stop work order for a private land development project if the local program
                       fails to take necessary enforcement action (ï¿½ 10.1-569.1, Code of Virginia).


                       Stormwater Management Act

                       In 1989, the General Assembly adopted the Stormwater Management Act (ï¿½ 10. 1 -
                       603, et seq., Code of Virginia) enabling the establishment of comprehensive
                       stormwater management programs.           The Department of Conservation and
                       Recreation adopted the Virginia Stormwater Management Regulations (VR 215-
                       02-00) in 1990.

                       The state stormwater management program addresses the p          ermanent changes
                       in stormwater runoff that occur as a result of land development. The regulations
                       specify minimum technical and administrative requirements for local programs and
                       state agency projects and are applicable to development projects that disturb one
                       acre of land or more. The technical requirements include water quality and water
                       quantity control criteria.


               September 1995                                                                          5-4









                                            state Program Review for Urban Management Measures


                    Localities are provided the option of a    dopting local stormwater management
                    programs. Localities choosing to adopt a stormwater management program must
                    comply with the minimum criteria established in the regulations. Localities may
                    reduce the one-acre threshold and may adopt criteria more stringent than the
                    minimum requirements contained in the regulations. Localities implement the
                    program through the adoption of local ordinances.

                    Localities oversee compliance with local program requirements on private land
                    development projects. Enforcement options specified in the law include criminal
                    penalties, civil penalties and civil charges (ï¿½ 10,1-603.14, Code of Virginia).

                    Compliance with the minimum stormwater management criteria is compulsory for
                    state agencies. State agencies must submit stormwater management plans to the
                    Department of Conservation and Recreation for review and approval before any
                    land-disturbing activity may commence.

                    The Department of Conservation and Recreation has oversight responsibilities for
                    local programs and state agency projects. If a locality is found to have a program
                    which does not comply with the minimum requirements, the Department of
                    Conservation and Recreation may issue an order requiring the necessary
                    corrective action be taken (ï¿½ 10.1-603.12.8, Code of Virginia).


             Chesapeake Bay Local Assistance Department

                    Chesapeake Bay Preservation Act

                    The Chesapeake Bay Local Assistance Department (CBLAD) administers the
                    Chesapeake Bay Preservation Act (ï¿½ 10.1-2100, et seq., Code of Virginia). This
                    regulatory program is: implemented through 84 local governments in the coastal
                    plain region of the state coastal management zone. Designation of Chesapeake
                    Bay Preservation Areas (CBPAs) does not cover the entire region as some local
                    governments did not designate their entire jurisdiction.        However, CBLAD
                    estimates that approximately 80% of all lands 'within Tidewater Virginia is
                    designated as CBPA. The Chesapeake Bay Preservation Area Designation and
                    Management Regulations (VR 173-02-01) specify eleven performance criteria that
                    apply to proposed development activities within CBPAs.

                    Local governments must designate two components of the CBPAs: Resource
                    Protection Areas (RPAs) and Resource Management Areas (RMAs). RPAs are
                    sensitive lands at or near the shoreline that have an intrinsic water quality value


             September 1995                                                                        5-5









                                               State Program Review for Urban Management Measures


                       due to the ecological and biological processes they perform or are sensitive to
                       impacts which may cause significant degradation to the quality of state waters.
                       The RPAs include tidal shores, tidal wetlands, nontidal wetlands contiguous to
                       tidal wetlands, other lands deemed to be s-gnificant in the protection of state
                       waters, and a 100-foot buffer landward of these features, as well as along
                       tributary streams. Development in the RPA is limited to water dependent facilities
                       or the redevelopment of existing facilities, provided these activities adhere  to the
                       performance criteria specified in the regulations.

                       RMAs are land types that, if improperly used or developed, have a potential for
                       causing significant water quality degradation or diminishing the functional value
                       of the RPA. The RMA must encompass a land area large enough to provide
                       significant water quality protection. The following categories must be.'  considered
                       by the locality for inclusion in the RMA:       floodplains; highly erodible soils,
                       including steep slopes; highly permeable soils; nontidal wetlands not included in
                       the RPA; and other lands necessary to protect the quality of state waters.

                       The program is enforced at the state level by the. Chesapeake Bay Local
                       Assistance Board'(CBLAB), a nine-member citizen board (ï¿½ï¿½ 10.1-2102, 10.1-'
                       2103, Code of Virginia). CBLAD monitors implementation efforts; CBLAB is
                       responsible for the review of -overall prcgram implementation.              CBLAB's
                       consistency review process provides procedures for the detection of non-
                       compliance in local programs. If CBLAB` finds a local program not complying with
                       the law or regulations, it will take action purruant,to the Administrative Process
                       Act (ï¿½ 9-6.14:11-19, Code of Virginia) and the Chesapeake Bay Preservation Act
                       (ï¿½ï¿½ 10.1-2103:8, 10.1-2103:10, 10.1-210z., Code of Virginia) to ensure
                       compliance. Such actions may involve administrative hearings and/or judicial
                       proceedings.

                       At the local level, localities implement and enf:)rce the program through their land
                       use management tools such as the comprehensive plan, zoning ordinance, and
                       subdivision ordinance.



               PROGRAWASSESSMENT BY MANAGEMENT MEASURE

               Each of the specified management measures for urban areas is identified and discussed
               in the section which follows. The management measures are presented as they appear
               in the program guidance issued by EPA and NOA4,. Within the urban areas source
               category, there are subcategories for Urban Runcff; Construction Activities: Existing
               Development; Pollution Prevention; and Roads, Highways, and Bridges. For each


               September 1995                                                                          5-6









                                                    State Program Review for Urban Management Measures


                management measure the applicable program descriptions are listed alphabetically and
                grouped together by the agency which administers them. In the' compliance section
                which follows these descriptions, more consideration has been given to the relative
                importance of each of the individual programs..

                This chapter identifies the requirements of each management measure, provides a brief
                program description of applicable state programs, and a discussion of how well these
                programs comply with the requirements of each management measure.                             Program
                descriptions are not comprehensive; rather, they focus on aspects of state programs
                applicable to the specified management measures.                     The management measure
                compliance discussion describes coordination between state programs and ";Lin-imarizes
                how well state programs meet management measure requirements.



                URBAN RUNOFF


                A. New Development Management Measure

                        (1) By design or perforrnance:

                                (a) After construction has been completed and the site is
                                permanently stabilized, reduce the average annual total suspended
                                solid (TSS) loadings by 80 percent. For the purposes of this
                                measure, an 80 percent TSS reduction is to be determined on an
                                average annual basis, or

                                (b) Reduce the post development loadings of TSS so that the
                                average annual TSS loadings are no greater than predevelopment
                                loadings; and

                        (2) To the extent practicable, maintain post development peak runoff rate
                        and average volume at levels that are similar to predevelopment levuls.

                 Based on the average annual TSS loadings from all storms less than or equal to the 2-year 24-hour
                storm. TSS loadings from storms greater than the 2-year 24-hour storm are not expected to be included
                in the calculation of the average annual TSS loadings.

                Applicability:. "This management measure is intended to be applied by States to control urban runoff and
                treat associated pollutants generated from new development, redevelopment, and new and relocated
                roads, highways, and bridges."





                September 1995                                                                                    5-7









                                              State Program Review for Urban Management Measures


               Applicable State Programs

               Chesapeake Say Local Assistance Department

                      Chesapeake Bay Preservation Act (CBPA)
                      (Sec. 10.1-200 through 2115 of the Code of Virginia)
                      Chesapeake Bay Preservation Area Designation and Management Regq.1ations
                      (VR 173-02-01)

                      Section 4.2.8 of the Chesapeake Bay Preservation Area            Designation and
                      Management Regulations provides nonpoint source pollutant        removal/reduction
                      requirements applicable to nutrients generated by the d 'evelopment. These water
                      quality criteria apply a "no net increase" standard to new development and a "10%
                      reduction" standard to redevelopment and am applicable to developpient projects
                      that disturb 2500 square feet or more.         For new development, the post
                      development nonpoint source pollution runoff load cannot exceed the pre-
                      development load based on average land cover conditions. Redevelopment
                      activities must achieve a 10% reduction of nonpoint source pollution in runoff
                      compared to the existing load from the site.          The keystone pollutant is
                      phosphorus. Quantity controls are not included.

                      The requirements are mandatory in Chesapeake Bay Preservation Areas in
                      Tidewater Virginia. Localities outside of TidEwate r may also adopt the criteria.


              Department of Conservation and Recreation

                      Erosion and Sediment Control Law (Sec. 10.1-560, et seq. of the Code of
                      Virginia) Virginia Erosion and Sediment Control Regulations (VR 625-02-00)

                      Section 1.5.19 of the Virginia Erosion and Sediment Control Regulations (VR 625-
                      02-00) addresses stormwater runoff. This section states that properties and
                      waterways downstream from development sitas shall be protected from sediment
                      deposition, erosion, and damage due to increases in volume, velocity and peak
                      flow rate of stormwater runoff for the designated frequency storm. Concentrated
                      runoff leaving a development. site must be discharged to an adequate receiving
                      channel. If the receiving channel is inadequate, the developer may (1) improve
                      the channel, (2) provide onsite detention, or (3) provide a combination of channel
                      improvements, detention, and other measurEs.

                      This requirement is mandatory statewide.        In Tidewater Virginia, the land


              September 1995                                                                       5-8









                                              State Program Review for Urban Management Measures


                      disturbing threshold is 2500 square feet. The minimum threshold outside of
                      Tidewater is 10,000 square feet, though localities may choose to reduce the
                      threshold.



                      Virginia Stormwater Management Regulations (VR 215-02-00)

                      The Virginia Stormwater Management Regulations (VR 215-02-00) specify the
                      water quality and water quantity criteria that apply to land development projects
                      that disturb one acre or more. The water quality criterion requires treatment of
                      the first 0.5 inch of runoff through extended detention, retention, or infiltration
                      measures. The water quantity requirements state that the post-development peak
                      flows from the two-year and ten-year storms cannot exceed the pre-development
                      peak rates.

                      The stormwater management regulations are optional for localities and mandatory
                      for state agency projects.



              MANAGEMENT MEASURE COMPLIANCE:


              The Chesapeake Bay Preservation Act regulations are mandatory in Chesapeake Bay
              Preservation Areas in Tidewater Virginia. Water quality requirements are based on the
              pre-development pollutant loads.       For land development projects where the pre-
              development load is small and the -post development load is high, the resulting
              phosphorus removal requirement may be equivalent to the 80% TSS requirement. For
              other land development projects where the difference between the pre- and post-
              development pollutant loads is not as drastic, the removal requirement will not be
              equivalent to the 80% TSS requirement. These requirements provide partial compliance
              with the water quality measu're.

              The water quality measure (80% TSS) promulgated by EPA is based on Delaware's
              water quality requirement.      Delaware established the, following technology based
              requirements for water quality: Treat the first 1.0 inch of runoff using extended detention
              (24 hours),- retention (treatment volume equals 1.0 inch of runoff multiplied by the site
              area); or infiltration (1.0 inch of runoff from all streets, roads and parking lots).

              The Virginia Stormwater Management Regulations also use a technology based
              approach. These requirements are: Treat the first 0.5 inch of runoff through extended
              detention (30 hours); retention (treatment volume equals 1.5 inches of runoff multiplied
              by the site area); or infiltration (0.5 inch of runoff from the site).


              September 1995                                                                         5-9









                                               State Program Review for Urban Management Measures


               Comparing the two technology based approaches, the Virginia retention requirement
               meets the measure; however, the extended detention and infiltration requirements do not
               fully comply with the 80% TSS requirement. The water quantity requirements contained
               in the state stormwater management program meet the second part of the management
               measure.


               The Virginia Erosion and Sediment Control Regulations require the developer to analyze
               the post-development runoff condition. Detention of the 2-year storm is an option a
               developer may choose; however, it is not mandatoiy.


               URBAN RUNOFF

               B. Watershed Protection Management Measure

                      Develop a watershed protection program to:

                                                                       able, of areas that are particularly
                      (1)    Avoid conversion, to the extent practic
                             susceptible to erosion and sediment Icss,'

                      (2)    Preserve areas that provide important water quality benefits andlor are
                             necessary to maintain riparian and aquatic biota; and

                      (3)    Site development, including roads, high ways, and bridges, to protect to the
                             extent practicable. the natural integrity c,f waterbodies and natural drainage
                             systems.

                      Applicability: "This management measure is intended to be applied by States to new development
                      or redevelopment including construction of new and re,ocated roads, highways, and bridges that
                      generate nonpoint source,pollutants."














              September 1995                                                                          5-10









                                             State Program Review for Urban Managerneof Wcastires


              Applicable State Programs

              Chesapeake Bay Local Assistance Department

                     Chesapeake Bay Preservation Act (CBPA)
                     (Sec. 10.1-200 through 2115 of the Code of Virginia)
                     Chesapeake Bay Preservation Area Designation and Management RegQlations
                     (VR 173-02-01)

                     The Chesapeake Bay Preservation Act (ï¿½ 10.1-2100, et seq., Code of Virginia)
                     requires localities within Tidewater Virginia to adopt local programs to protect the
                     quality of state waters. In order to achieve this goal, localities must designate
                     certain land types and features as Chesapeake Bay Preservation Areas.
                     Localities must also adopt specific performance criteria to apply to the use,
                     development, and redevelopment of land within these areas.

                     Resource Protection Areas (RPAs) are sensitive lands at or near the shoreline
                     that have an intrinsic water quality value due to the ecological and biological
                     processes they perform or are sensitive to impacts which may cause significant
                     degradation to the quality of state waters. The RPAs include tidal shores, tidal
                     wetlands, nontidal wetlands contiguous to tidal wetlands, other lands deemed to
                     be significant in the protection of state waters, and a 100-foot buffer landward of
                     these features, as well as along tributary streams. Development in the RPA is
                     limited to water dependent facilities or the redevelopment of existing facilities,
                     provided these activities adhere to the performance criteria specified in the
                     regulations. Section 4.3.A of the Chesapeake Bay Preservation Area Designation
                     and Management Regulations requires that a water quality impact assessment
                     (WQIA) be prepared for all proposed development within the RPA. The WQIA
                     identifies the development's impacts on water quality and lands in RPAs.

                     Roads may be constructed within the RPA when they comply with the following
                     conditions specified in ï¿½ 4.3.3 of the regulations: (1) there is no reasonable
                     alternative, (2) the layout is optimized to minimize impacts on water quality and
                     encroachment into RPA land types, (3) all performance criteria established in ï¿½
                     4.2 of the regulations are met, and (4) project review is accomplished with local
                     plan review and approval procedures.

                     Resource Management Areas (RMAs) are land types that, if improperly used or
                     developed, have a potential for causing significant water quality degradation or
                     diminishing the functional value of the RPA. Examples include floodplains; highly
                     erodible soils, including steep slopes; highly permeable soils-, nontidal wetlands


              September 1995                                                                        5-11









                                              State Program Review for Urban Management Measures


                      not included in the RPA; and other lands neciassary to protect the quality of state
                      waters. Development in these areas must adhere to the performance criteria in
                      ï¿½ 4.2 of the regulations.

                      Section 4.2.8.a.(2) of the Chesapeake Bay Preservation Area Designation and
                      Management Regulations encourages the de,/elopment of regional or watershed
                      plans as a means to comply with the water quality criteria.

                      Section 5.6.A of the regulations requires that local governments in Tidewater
                      Virginia review and revise their comprehensive plans to address the quality of
                      state waters. The comprehensive plan serves to guide future development. The
                      topics for review and revision are (1) the physical constraints to developments
                      such as soil limitations, (2) the protection of groundwater resources, (3) the
                      relationship of land use to fisheries, (4) the appropriate density for docks and
                      piers, (5) the effect of public and private aCCE@SS on water quality, (6) sources of
                      existing pollution such as underground storage tanks, and (7) the potential for
                      water quality improvement through redevelopment. Each of these topics should
                      be discussed and appropriate policy statements developed.

                      Sections 5.6.B and D of the regulations require that local governments also review
                      and revise their zoning and subdivision ordinances to provide. for the protection
                      of state waters and to provide land use regulation consistent with the goals
                      established in the comprehensive plan' Section 5.6.C of the regulations also
                      require local governments establish a 'plan of development review process to
                      ensure future development is accomplished ir a manner that protects the quality
                      of state waters.


                      The requirements are mandatory in Chesapeake Bay Preservation Areas in
                      Tidewater Virginia. Localities outside of Tidewater may adopt the criteria.


               Department of Conservation and Recreation

                      Erosion and Sediment Control Law
                      (Sec. 10.1-560, et seq. of the Code of Virginia)
                      Virginia Erosion and Sediment Control Regulations (VR 625-02-00)

                      The Erosion and Sediment Control Law (ï¿½ 10.1-561E, Code of Virginia) states
                      that, in order to prevent further erosion, a locality may require approval of a
                      conservation plan for any land identified in the local program as an erosion impact
                      area. The law defines an erosion impact area as an area of land not associated


               September 1995









                                                state Program Review for Urban Management Measures


                      with current land-disturbing activity but subject to persistent soil erosion resulting
                      in the delivery of sediment onto neighboring properties or,into state waters. It
                      does not include any lot or parcel of land of 10,000 square feet or less used for
                      residential purposes or to shorelines where the erosion results from wave action
                      or other coastal processes.

                      Section 10. 1-570 of the law authorizes a locality or district to adopt more stringent
                      soil erosion and sediment control regulations than those necessary to brisure
                      compliance with the state regulations.



              MANAGEMENT MEASURE COMPLIANCE:


              The Chesapeake Bay Local Assistance Department (CBLAD) program provides state
              enforceable policies that meet the management measure. The requirements identified
              in this measure parallel requirements established by CBLAD for local programs. For the
              proposed management area outside of Tidewater, the CBLAD requirements are optional.

              The Erosion and Sediment Control         Law enables localities to identify areas subject to
              erosion. Although erosion impact area designation does not preclude development of
              the land, localities -may require conservation plans and impose more stringent
              requirements.



              URBAN RUNOFF


              C. Site Development Management Measure

                      Plan, design, and develop sites to:

                      (1)     Protect areas that provide important water quality benefits andlor
                              are particularly susceptible to erosion and sediment loss;

                      (2)     Limit increases of impervious areas, except where necessary;

                      (3)     Limit land disturbance activities such as clearing and grading, and
                              cut and fill to reduce erosion and sediment loss; and

                      (4)     Limit disturbance of natural drainage features and vegetation.

              Aoolicabilitv This management measure is intended to be applied by States to all site development
              activities including those associated with roads, highways, and bridges."

              Seplember 99    5                                                                           5-13









                                               State Program Review, for Urban Management Measures



               Applicable State Programs

               Chesapeake Bay Local Assistance Department

                      Chesapeake Bay Preservation Act (CBPA)
                      (Sec. 10.1-200 through 2115 of the Code of Virginia)
                      Chesapeake Bay Preservation Area Designation and Management Regulations
                      (VR 173-02-01)

                      The Chesapeake Bay Preservation Act (ï¿½ 10.1-2100, et seq., Code of Virginia)
                      requires localities within Tidewater Virginia to adopt local programs to protect the
                      quality of state waters. In order to achieve this goal, localities must- designate
                      certain land types and features as Chesapeake Bay Preservation Areas.
                      Localities must also adopt specific performance criteria to apply to the use,
                      development, and redevelopment of land within these areas.

                      Resource Protection Areas (RPAs) are sensitive lands at or near the shoreline
                      that have an intrinsic water quality value dUe to the ecological and biological
                      processes they perform or are sensitive to impacts which may cause significant.
                      degradation to the quality of state waters. Tl@e RPAs include tidal shores, tidal
                      wetlands, nontidal wetlands contiguous to tidal wetlands, other lands deemed to
                      be significant in the protection of state waters, and a 100-foot buffer landward of
                      these features, as well as along tributary streams. Development in the RPA is
                      limited to water dependent facilities or the redevelopment of existing facilities,
                      provided these activities adhere to the performance criteria specified in the
                      regulations. Section 4.3.A of the Chesapeake Bay Preservation Area Designation
                      and Management Regulations requires that a water quality impact assessment
                      (WQIA) be prepared for all proposed development within the RPA. The WQIA
                      identifies the develop(nent's impacts on water quality and lands in RPAs.

                      Sections 1.4 and 4.5.13.1 of the regulations provides the distinction between public
                      roads and other roads. The exemption of public roads is conditioned on the
                      requirements that the alignment and design must be optimized to minimize
                      encroachment in the RPA and adverse effects on water quality. In addition, state
                      erosion and sediment control and stormwa,:er management criteria must be
                      applied.               .  .                                                                    I
                      Other roads may be constructed within the RPA when they comply with the
                      following conditions specified in ï¿½ 4.3.3 of the regulations:      (1) there is no
                      reasonable alternative, (2). the layout is optimized to minimize impacts on water


              September 1995                                                                         5-14









                                             State Program Review for Urban Management Measures


                     quality and encroachment into RPA land types, (3) all performance criteria
                     established in ï¿½ 4.2 of the regulations are met, and (4) project review is
                     accomplished with local plan review and approval procedures.

                     Resource Management Areas (RMAs) are land types that, if improperly used or
                     developed, have a potential for causing significant water quality degradation or
                     diminishing the functional value of the RPA. Examples include floodplaills; highly
                     erodible soils, including steep slopes; highly permeable soils, nontidal w6tlzinds
                     not included in the RPA; and other lands necessary to protect the., quality of state
                     waters. Development in these areas must adhere to the performance criteria in
                     ï¿½ 4.2 of the regulations.

                     Section 4.2.5   of the Chesapeake Bay Preservation Area Designation and
                     Management. Regulations requires that land development minimize impervious
                     cover consistent with the use or development allowed. Minimization of impervious
                     cover is further encouraged through compliance with the water quality
                     performance criteria (ï¿½ 4.2.8 of the regulations), The nonpoint source P0111.1tion
                     loading and subsequent removal requirement is driven by the percentage Uf
                     impervious cover on the site and is extremely difficult to meet for excessive
                     amounts of impervious cover. For redevelopment sites that are completely
                     impervious, compliance with the water quality criteria can be met by restoring a
                     minimum of 20% of the site to a vegetated open space.

                     Section 4.2.1 of the regulations requires that no more land be disturbed thcan is
                     necessary to provide for the desired use or development. Some localities havG
                     opted to provide a specific standard for the maximum amount of disturbance
                     allowed (e.g., 60% of the site).

                     Section 4.2 .2 of the regulations requires that indigenous vegetation be preserved
                     to the maximum exterit possible consistent with the use and development allowed.
                     The amount of vegetation preserved is related to the amount of land disturbed,
                     therefore, the general and specific standards for land disturbance also encourage
                     the preservation of vegetation.     Preservation of natural drainage features is
                     accomplished somewhat through the RPA designation.

                     Section 4.2.6 of the regulations requires that land disturbing activities exceeding
                     2500 square feet comply with the requirements of the local erosion and sediment
                     control ordinance. Section 4.2.4 further requires that development involving land
                     disturbances exceeding 2500 square feet go through a site plan review process
                     consistent with ï¿½ 15.1-491(h) of the Code of Virginia.



             September 1995                                                                         5-15










                                               State Program Review for Urban Management Measures


                      Section 4.2.11 of the regulations requires that evidence of all applicable wetlands
                      permits be provided prior to the authorization of grading or other onsite activities.

                      These requirements are mandatory in Chesapeake Bay Preservation Areas in
                      Tidewater Virginia. Localities outside of Ticle'Nater may adopt the criteria.


               Department of Conservation and Recreation

                      Erosion and Sediment Control Law (Sec. '10.1-560, et seq. of the Code of
                      Virginia)
                      Virginia Erosion and Sediment Control Regulations (VR 625-02-00)

                      Section 1.5.7 of the Virginia Erosion and Sediment Control Regulations (VR 625-
                      02-00) requires that cut and fill slopes be des gned and constructed in a manner
                      that will minimize erosion. Slopes that are found to be eroding excessively within
                      one year of permanent stabilization shall he provided with additional slope
                      stabilization measures until the problem is coTected.

                      Section 1.5.12 of the regulations require.,i that, when working in a live
                      watercourse, precautions be taken to minimiZe encroachment, control sediment
                      transport, and stabilize the work area to the greatest extent possible during
                      construction. Section 1.5.15 of the regulations requires that the bed and banks
                      of a watercourse be stabilized immediately after work in the watercourse is
                      completed.

                      These requirements are mandatory' statewide. In Tidewater Virginia, -the land
                      disturbing threshold is 2500 square feet. The minimum threshold outside of
                      Tidewater is 10,000 square feet, though localities may choose to reduce the
                      threshold.



                      Virginia Stormwater Management Regulations (VR 215-02-00)

                      Section 2.4 of the Virginia Stormwater Management Regulations (VR 215-02-00)
                      encourages the use of nonstructural measure,,;. These measures, include cluster
                      development, minimization of impervious surface and curbing requirements, open
                      space acquisition, floodplain management, and protection of wetlands, steep
                      slopes and vegetation should be coordinated with structural requirements. The
                      inclusion of nonstructural measures can reduce the scope and costs of structural
                      practices.


              September 1993                                                                          5-16









                                                    State Program Review for Urban Management Measures


                         The stormwater management regulations are optional for localities and mandatory
                         for state agency projects.



                MANAGEMENT MEASURE COMPLIANCE:


                The Chesapeake Bay Local Assistance Department (CBLAD) program provides state
                enforceable policies that meet the management measure. The requirements id6ntified
                in this measure parallel the performance criteria established by CBLAD for local
                programs.       For the proposed management area outside of Tidewater, the CBLAD
                requirements are optional.

                The Erosion and Sediment Control Regulations address portions of criteria 3 and 4 of
                the management measure. These requirements provide partial compliance with the
                measure.


                The Stormwater Management Regulations encourage minimization of impervious
                surfaces and the protection of wetlands, steep slopes and vegetation.                       The state
                storrnwater management program is not mandatory but it provides partial compliance
                with the management measure.





                CONSTRUCTION ACTIVITIES


                A. Construction Site Erosion and Sediment Control Management Measure

                         (1)     Reduce erosion and, to the extent practicable, retain sediment
                                 onsite during ind after construction, and

                         (2)     Prior to land disturbance, prepare and implement an approved
                                 erosion and sediment control plan or similar administrative
                                 document that contains erosion and sediment control provisions.

                6pg!jq@ "This management measure is intended to be applied by States to all construction activities
                on sites less than 5 acres in areas that do not have an NPIDES permit in order to control erosion and
                sediment loss from those sites. This managerne     'nt measure does not apply to: (1) construction of a
                detached single family home on a site of 1/2 acre or more or (2) construction that does not disturb over
                5,000 square feet of land on a site."




                September 1995                                                                                     5-17









                                                State Program Review(for Urban Management Measures


                Applicable State-Programs

                Chesapeake Bay Local Assistance Department

                       Chesapeake Bay Preservation Act (CBPA)
                       (Sec. 10.1-200 through 2115 of the Code of Virginia)
                       Chesapeake Bay Preservation Area Designetion and Management Regulations
                       (VR 173-02-01)

                       The Chesapeake Bay Preservation Area Designation and Management
                       Regulations reduce the disturbance threshold for regulated land-disturbing
                       activities from 10,000 square feet to 2500 square feet in CBPAs (ï¿½ 4.2.6). This
                       performance criterion further extends thE., erosion and sediment control
                       requirements to the construction of septic tariks and drainfields.

                       Section  4.2.4 of the regulations requires that development involving land
                       disturbances exceeding 2500 square feet go through a site plan review process
                       consistent with ï¿½ 15.1-491(h) of the Code of Virginia.

                       Section 4.2.11 of the.regulations requires that evidence of all applicable wetlands
                       permits be provided prior to the authorization of grading or other onsite activities.

                       These requirements are mandatory in       Chesapeake Bay Preservation Areas in
                       Tidewater Virginia. Localities outside of Tidewater may adopt the criteria.


                Department of Conservation and Recreation

                       Erosion and Sediment Control Law (Sec. '10.1-560,         et seq. of the Code of
                       Virginia)
                       Virginia Erosion and Sediment Control Regulations (VR 625-02-00)

                       Section 10. 1-561 of the Erosion and Sedimer t Control Law directed the Soil and
                       Water Conservation Board to develop a program and promulgate regulations for
                       the effective control of soil erosion, sediment deposition'and nonagricultural runoff
                       which must be met in any control program to prevent the unreasonable
                       degradation of properties, stream channels, waters and other natural resources.

                       Section 10.1-563 of the law states that no perc, on may engage in a land-disturbing
                       activity until an erosion and sediment cont-ol plan is submitted to the plan-
                       approving authority for review and approval. The plan-approving authority shall


                September 1995                                                                         5-18









                                                State Program Review for Urban Management A!!@?asures


                       review the plan and grant written approval if it determines that the plan meets the
                       state requirements and the person certifies that the conservation measures will
                       be properly performed and conform to the provisions of the law.

                       Section 10.1-565 of the law states that agencies authorized to issue grading,
                       building, or other permits for activities involving land-disturbing activities may not
                       issue any such permit unless the applicant submits with the opplication an
                       approved erosion and sediment control plan and a certification that the'plan will
                       be followed.


                       The Virginia Erosion and Sediment Control Regulations (VR 625-02-00) establish
                       19 minimum standards that must be included in local erosion and sediment
                       control programs. These minimum standards specify requirements for temporary
                       and final stabilization, sediment trapping devices,. surface runoff, outlet protection,
                       work in watercourses, -construction accesses, and increases in post-development
                       runoff velocities, volumes and peak flow rates. Maintenance and inspection
                       requirements are identified in ï¿½ 1.7 of the regulations.

                       This requirement i   s mandatory statewide.        In Tidewater Virginia, the land
                       disturbing threshold is 2500 square feet. The minimum threshold outside of
                       Tidewater is 10,000 square feet, though localities may choose to reduce the
                       threshold.



               MANAGEMENT MEASURE COMPLIANCE:


               The requirements established in the above programs meet the management measure.

               The Erosion and Sediment Control Law and Regulations require the preparation,
               submission and implementalion of an erosion and sediment control plan and establish
               minimum technical requirements for the control of erosion and sediment transport.
               These requirements are applicable statewide and meet the management measure.

               The Chesapeake Bay Preservation Area Designation and Management Regulations
               reduce the threshold for compliance with the state erosion and sedirnent control
               regulations from 10,000 square feet to 2500 square feet. This criterion excoeds the
               requirement of the management measure. For the proposed management area outside
               of Tidewater, the threshold is 10,000 square feet.

               The intent of this measure is satisfied because a more strict requirement is imposed for
               construction sites in close proximity to coastal waters (i.e., Tidewater).


               September 1995                                                                            5-19










                                                      State Program Review for Urban Management Measures



                 CONSTRUCTION ACTIVITIES


                 B. Construction Site Chemical Control Management Measure

                         (1)      Limit the application, generation, and migration of toxic substances;

                         (2)      Ensure the proper storage and disposal of toxic materials; and

                         (3)      Apply nutrients at rates necessary to establish and maintain
                                  vegetation without causing significaW nutrient runoff to surface
                                  water.


                 Applicability: This management measure is intended to be applied by States to all construction sites less
                 than 5 acres in area and new, resurfaced, restored, and reconstructed road, highway, and bridge
                 construction projects. This management measure does not apply to: (1) construction of a detached single
                 family home on a site of 1/2 acre or more or (2) construction that does not disturb over 5,000 square feet
                 of land on a site."



                 Applicable State Programs

                 Chesapeake Bay Local Assistance Department

                         Chesapeake Bay Preservation Act (CBPA)
                         (Sec. 10.1-200 through 2115 of the Code of Virginia)
                         Chesapeake Bay Preservation Area Designadon and Management Regulations
                         (VR 173-02-01)

                         The Chesapeake Bay Preservation Act (ï¿½ 10.1-2100, et seq., Code                    of Virginia)
                         requires localities witHin Tidewater Virginia to adopt local programs to protect the
                         quality of state waters. In order to achieve this goal, localities must designate
                         certain land types and features as Chesapeake Bay Preservation Areas. The
                         designation of Resource Protection Areas (RPAs) increases the distance between
                         pollutant generating activities and coastal surface waters.

                         RPAs are sensitive lands at or near the sho,-eline that have an intrinsic water
                         quality value due to the ecological and biological processes they perform or are
                         sensitive to impacts which may cause signifi-,ant degradation to the quality of
                         state waters. The RPAs include tidal shores -tidal wetlands, nontidal wetlands
                         contiguous to tidal wetlands, other lands deemed to be significant in the protection
                         of state waters, and a 1 00-foot buffer landward of these features, as well as along


                 September 1995                                                                                    5-20










                                             State Program Review for Urban Management Measures


                     tributary streams. Development in the RPA is limited to water dependent facilities
                     or the redevelopment of existing facilities, provided these activities adhere to the
                     performance criteria specified in ï¿½ï¿½ 4.3.1 and 2 of the Chesapeake bay
                     Preservation Area Designation and Management Regulations. All ndn-water-
                     dependent components of the development must be located outside the RPA.

                     Section 4.2.6 of the regulations requires that land disturbing activities exceeding
                     2500 square feet comply with the requirements of the local erosion and gediment
                     control ordinance.



              Department of Conservation and Recreation

                     Erosion and Sediment Control Law (Sec. 10.1-560, et seq. of the Code of
                     Virginia)
                     Virginia Erosion and Sediment Control Regulations (VR 625-02-00)

                     Chapter 3 of the Virginia Erosion and Sediment Control Handbook, Third Edition,
                     1992 establishes standards and specifications for erosion and sediment control
                     practices. Nutrient management planning considerations and specifications for
                     grasses and other vegetative practices are included. Although the handbook is
                     not a regulatory document, localities have referenced the handbook in their
                     erosion and sediment control ordi  nances.



              Department of Environmental Quality

                     Oil Discharge Contingency Plan
                     (Section 62.1-44.34:1  5, et seq. of the Code of Virginia)

                                            I
                     Section 62.1-44.34:15 of the Code of Virginia requires that all operators of oil
                     storage facilities must have an oil discharge contingency plan approved by the
                     State Water Control Board. These requirements are applicable to facilities that
                     have an aggregate above ground storage or handling capacity greater than or
                     equal to 25,000 gallons. This includes fuel oil, gasoline, diesel, kerosene,
                     gasohol, lube oil, waste oil, asphalt, cutbacks, emulsions, oil mixed with other
                     wastes, crude oil, petroleum by-products, and liquid hydrocarbons regardless of
                     specific gravity.

                     The plan requirements are specified in the Oil Discharge Contingency Plans and
                     Administrative Fees for Approval regulations (VR 680-14-07) adopted by the State


              September 1995                                                                        5-21









                                               State Program Review for Urban Management Measures


                      Water Control Board. The contingency plan must plan for the worst case oil spill;
                      identify natural resources and municipal seivices at risk, p(iorities for protection
                      and means of protection; notification procedures; and evidence that private
                      cleanup or contractor resources are available (ï¿½ 5,A).

                      Oil discharge contingency plans must be reviewed, updated if necessary and
                      resubmitted to the State Water Control Board every five years unless significant
                      changes occur sooner.

                      The State Water Control Board is authorized to issue special orders to require any
                      person to cease and desist from causing or permitting a violation or to comply
                      with the provisions of the law, regulations and conditions of approval.
                      Enforcement options specified in the law include criminal penalties and civil
                      penalties (ï¿½ 62.1-44.34:20, Code of Virginia-

                      These requirements are mandatory statewide.


               Department of Environmental Quality

                      Solid Was  te Management Regulations
                      (Sec. 62.1-194, et seq. of the Code of Virginia) (VR 762-20-10)

                      The Solid Wa    ste Management Regulations Program is administered by the
                      Department of Environmental Quality...

                      Section 10.1-1408.1.-A of the Virginia Waste Management Act (ï¿½ 10.1-1400, et
                      seq., Code of Virginia) states that no person shall operate any sanitary landfill or
                      other facility for the disposal, treatment or storage of nonhazardous solid waste
                      without a permit from the Director of the Waste Division, Department of
                      Environmental Quality.

                      The law further states that: (1) no person siall dispose of solid waste in open
                      dumps (ï¿½ 10.1-1408.1.G, Code of Virginia); (2) no person shall own, operate, or
                      allow to be operated on his property an ope,'i dump (ï¿½ 10.1-1408.1.1-1, Code of
                      Virginia); and (3) no person shall allow waste to be disposed of on his property
                      without a permit (ï¿½ 10.1-1408.1..I,'Code of Virginia).

                      Construction and demolition waste (lumber, wire, sheetrock, broken brick,
                      shingles, glass, pipes, concrete, paving materials and metal and plastics if the
                      metal and plastics are part of the materials of construction or empty containers


              September 1995                                                                         5-22









                                              State Program Review for Urban Management Measures


                      for such materials); debris waste (stumps, wood, brush, leaves, soil, and road
                      spoils from land clearing operations); and inert waste (rubble, concrete, broken
                      bricks, bricks, and blocks) may be disposed of in a construction/demolition debris
                      landfill, a sanitary landfill, or an industrial waste landfill.

                      Refuse and scrap metal may be disposed of in a sanitary landfill. Solid wastes
                      which are defined as hazardous wastes by the Virginia Hazardous Waste
                      Management Regulations (VR 672-10-1) must be managed in'accordande with
                      those regulations. Persons who generate less than 100 kilograms of hazardous
                      waste per month are conditionally exempt pursuant to ï¿½ 3.2 of the Virginia
                      Hazardous Waste Management Regulations. These hazardous wastes may be
                      managed in solid waste management facilities in accordance with ï¿½ 2.10.2 of the
                      Solid Waste Management Regulations.                                     --

                      Part V of the regulations specifies siting, design, construction, operation, and
                      closure requirements for sanitary landfills (ï¿½ 5.1), CDD landfills (ï¿½ 5.2) and
                      industrial waste landfills (ï¿½ 5.3).

                      The Virginia Waste Management Board is authorized to issue orders to require
                      any person to comply with the provisions of the law, regulations and conditions
                      of a permit or certification. Enforcement options specified in the law include
                      criminal penalties, civil penalties, and civil charges (ï¿½ 10.1-1455, Code of
                      Virginia).

                      These  requirements are mandatory statewide.


                      State Water Control Law (Sec. 62.1-44.2, et seq. of the Code of Virginia)

                      The State Water Control Law (ï¿½ 62.1-44.2, et seq., Code of Virginia) is
                      administered by the Department of Environmental Quality. Section 62.1-44.34:18
                      of the law prohibits the discharge of oil into or upon state waters, lands, or storm
                      drainage systems within the Commonwealth. Any person responsible for a
                      discharge of oil to state waters, lands, or storm drain systems must implement
                      any applicable oil spill contingency plan or take the necessary action to contain
                      and clean up the discharge. The person discharging, causing, or permitting a
                      discharge of oil shall be liable for the costs to the Commonwealth or any political
                      subdivision for investigation, containment, and cleanup; property damage; the loss
                      of tax or other revenues; and the loss of natural resources that cannot be
                      restocked, replenished, or restored.



              geptember 1995                                                                       --6--23









                                               State Program Review for Urban Management Measures


                       The State Water Control Board is authorized to issue special orders to require any
                       person to cease and desist from causing or permitting a -violation or to comply
                       with the provisions of the law, regulati:)ns and conditions of approval.
                       Enforcement options specified in the law include criminal penalties and civil
                       penalties (ï¿½ 62.1-44.34:20, Code of Virginia).


               Department of Labor      and Industry

                       Virginia Occupational Safety and Health Program
                       (Section 40.1-1 of the Code of Virginia)

                       Section 40. 1 -1 of the Code of Virginia states that the Virginia Department of Labor
                       and Industry shall be responsible for administering and enforcing occupational
                       ,safety and health activities as required by the Federal Occupational Safety and
                       Health Act of 1970 (P.L. 91-596) in accordance with the State Plan for
                       enforcement of that Act. In accordance with ï¿½ 40.1-22 of the Code of Virginia, the
                       Virginia Safety and Health Codes Board aclopted the federal Construction Industry
                       Standards as the *state standards.


                       The General Safety and Health Provisions, Construction Industry, 1926.20 through
                       1926.32, (VR 425-02-103) include the following housekeeping requirements:

                              (1) Combustible scrap and debris shall be removed at regular intervals
                              during the course of construction.

                              (2) Containers shall be provided for thE@ collection and separation of waste,
                              trash, oily and used rags, and other refuse. Containers used for garbage
                              and other oily, flammable, or hazardous wastes, such as caustics, acids,
                              harmful dusts,,etc. shall be equippec with covers. Garbage and other
                              waste shall be disposed of at frequent and regular intervals.

                       The Construction Industry Sta    nclard for Sanitation, 1926.51, (VR 425-02-72)
                       requires that toilet facilities be provided.

                       Fire Protection and Prevention, Construction Industry, 1926.150 through
                       1926.159, (VR 425-02-114) include the following requirements:

                              (1) Flammable liquids shall be kept in closed containers when not actually
                              in use. Leakage or spillage of flammable or combustible liquids shall be
                              disposed of promptly and safely.


               September 1995                                                                         5-24









                                              state Program Review for Urban Management Measures


                             (2) In service and refueling areas, flammable or combustible liquids shall
                             be stored in approved closed containers, in tanks located underground, or
                             in aboveground portable tanks.         Underground tanks shall not be
                             abandoned.


                      The Construction Standards are mandatory statewide and are enforced by the
                      Virginia Occupational Safety and Health Program within the Virginia Department
                      of Labor and Industry. The Commissioner of the Department of Labb'r and
                      Industry may issue citations and propose fines.


               Virginia Department of Agriculture and Consumer Services

                      Virginia. Pesticide Control Act (Sec. 3.1-249.27, et seq. of the Code of Virginia)

                      The Virginia Pesticide Control Act (ï¿½ 3.1-249.27, et seq., Code of Virginia) and the
                      regulations promulgated under its authority have the effect of implementing - in
                      Virginia the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) as well
                      as providing to the Virginia Pesticide Control Board (Board) additional powers
                      relating to regulating pesticide use. Under the authority of the Act and FIFRA, the
                      Board has promulgated regulations establishing certain mandatory programs,
                      including Pesticide Applicator Certification and Pesticide Business Licensing, as
                      well as establishing voluntary programs, such as the Pesticide Disposal Program
                      and the Pesticide Container Recycling Program. Under the authority of FIFRA
                      and in agreement with EPA, the Board's staff will develop pesticide management
                      plans for groundwater. Collectively, these programs regulate who and how
                      pesticides will be used in the state by enforcing the federal label requirements and
                      requiring training and licensing of individuals and businesses that apply
                      pesticides.

                      In addition to implementing FIFRA, the Board has the power to ban or restrict the
                      use of a pesticide based on its potential to harm the environment (ï¿½ 3.1-249.31,
                      Code of Virginia). A comparison of the general powers of the federal and Virginia
                      law to restrict or ban the use of. a pesticide based on its potential to cause
                      environmental harm suggests that the Act gives the Board broader powers than
                      those granted to EPA under FIFRA.

                      Section 3.1-249.52 of the Virginia Pesticide Control Act requires that commercial
                      applicators be certified in accordance with the Regulations Governing Pesticide
                      Applicator Certification Under Authority of Virginia Pesticide Control Act, VR 115-
                      04-23 adopted by the Board. Certifications must be renewed biennially.


               September 1995                                                                        5-25









                                               State Program Review for Urban Management Measures


                       Pesticide labels provide the legal framework for the use of the product. Under
                       federal and Virginia law no product may be used in a manner inconsistent with its
                       label's requirements. It is unlawful to dispose of containers or unused portions
                       of pesticide in a manner inconsistent with label directions or Board regulations (ï¿½
                       3.1-249.64, Code of Virginia). Labels contain information on application rates,
                       timing of application, and other environmEntal concerns and can sometimes
                       address calibration requirements.

                       Certain Virginia regulations require that application equipment be in good working
                       order and properly calibrated. Furthermore, these regulations require the use of
                       backflow preventers to protect water suppl,@ systems, lakes, other sources of
                       water or other materials. Violation of these regulations triggers enforcement
                       under the authority of the Act.

                       Violations of the Virginia Pesticide Contrcl Act can result in revocation or
                       suspension of licenses and or assessment of penalties.             Enforcement is
                     ,administered through 10 regional offices with investigation staffs. Unannounced,
                       random field inspections of applications are utilized.



               MANAGEMENT MEASURE COMPLIANCE:


               The requirements established in the above programs meet the management measure.

               The Pesticide Control Act and attendant regulaticns establish requirements for the
               application and disposal of pesticides. Commercial app    licators must be certified by the
               Virginia Pesticide Control Board and the Board has the authority to ban or restrict the
               use of certain pesticides. For pesticides, these requirements meet the management
               measure.


               The requirements for the disposal, storage and treatment of construction debris, refuse-
               and scrap metal are established in the Waste Management Act and the Solid Waste
               Management Regulations. Landfills must comply with the siting, design, construction,
               operation, and closure requirements established in the regulations. For construction
               debris and refuse, these requirements meet the management measure.


               The Virginia Occupational Safety and Health Program requirements            were primarily
               established for worker safety.     However, the provisions cited above also result in
               protection to natural resources.       Combined with the Solid Waste Management
               Regulations, they provide state enforceable policies for the proper storage and disposal


               September 1995                                                                        5-26








                                                State Program Review for Urban Management Measures


               of construction materials and waste.


               Oil discharges are addressed under the State Water Control Law and the Oil Discharge
               Contingency Plan requirements. These requirements meet the management measure.

               Resource Protection Area designation increases the distance between pollutant
               generating activities and coastal surface waters. This Chesapeake Bay Local Assistance
               Department requirement is mandatory within Tidewater and provides partial compliance
               with the management measure.            For the proposed management area outside of
               Tidewater, the CBLAD requirement is optional.

               The Erosion and Sediment Control Program handbook addresses the application of
               nutrients. These specifications are applicable statewide and provide partial compliance
               with the management measure.



               EXISTING DEVELOPMENT


               A. Existing Development Management Measure

                       Develop and implement watershed management programs to reduce
                       runoff pollutant concentrations and volumes from existing development.

                       (1)    Identify priority local andlor regional watershed pollutant reduction
                              opportunities, e.g., improvements to existing urban runoff control
                              structures;

                       (2)    Contain a schedule for implementing appropriate controls;

                       (3)    Limit destructian of natural conveya   nce systems; and

                       (4)    Where appropriate, preserve, enhance, or establish buffers along
                              surface waterbodies and their tributaries.


               Applicability: "This management measure is intended to be applied by States to all urban areas and
               existing development in order to reduce surface water runoff pollutant loadings from such areas."










               September 19,95                                                                             5-27









                                               State Program Review for Urban Management Measures


               Applicable State Programs

               Chesapeake Bay Local Assistance Department

                       Chesapeake Bay Preservation Act (CBPA)
                       (Sec. 10.1-200 through 2115 of the Code of Virginia)
                       Chesapeake Bay Preservation Area Designation and Management Regulations
                       (VR 173-02-01)

                       The Chesapeake Bay Preservation Act (ï¿½ 10.1-2100, et seq.,       Code of Virginia)
                       requires localities within Tidewater Virginia to adopt local programs to protect the
                       quality of state waters. In order to achieve this goal, localities must designate
                       certain land types and features as Chesapeake Bay Preservation Areas.

                       Section 4.2.8 of the    Chesapeake Bay Preservation Area Designation and
                       Management Regulations specifies nonpoint source pollutant removal/reduction
                       requirements for redevelopment activities going through a plan of development,
                       process. This water quality criterion applie:3 a standard of 10% reduction of
                       nonpoint source pollutant loading for development activities on sites currently
                       developed. Redevelopment activities must achieve this reduction compared to the
                       existing runoff load from the site.

                       Localities may designate appropriate areas as Intensely Developed Areas (IDAs)
                       in accordance with ï¿½ 3.4 of the regulations. The 10% reduction standard also
                       applies.to activities within these areas.

                       Designation of Resource P   rotection Areas (RPAs) includes a buffer area of not
                       less than 100 feet in width. Localities must consider implementing measures to
                       reestablish this buffer in IDAs where little of the natural environment remains and
                       the buffer does not ekist.


                       For redevelopment sites that are completely impervious, the water quality criteria
                       encourage site restoration. Converting a minimum of 20% of the site area to
                       vegetated open space is considered a means of complying with this criteria (ï¿½
                       4.2.8.a.(2), Chesapeake Bay Preservation Area Designation and Management
                       Regulations).

                       Section 5.6.A of the regulations requires local governments to review and revise
                       their comprehensive plans to address water quality. The topics for review and
                       revision include existing pollution sources and the potential for water quality
                       improvement through redevelopment activities. Each topic should be discussed


               September 1995                                                                        5-28






                                           State Program Review for Urban Management 'Measures

                    and an appropriate policy statement deve(ope  d.

                    These requirements are mandatory in Chesapeake Bay Preservation Areas in
                    Tidewater Virginia. Localities outside of Tidewater may adopt the criteria.


             Department of Conservation and Recreation

                    Virginia Stormwater Management Regulations (VR 215-02-00)

                    Section 3.3 of the Virginia Stormwater Management Regulations (VR 215-02-00)
                    encourage localities to develop watershed management plans. In addition to
                    mitigating the impacts of new development, watershed planning provides an
                    opportunity to remediate flooding or water quality problems caused            by
                    uncontrolled existing development.

                    The stormwater management regulations are optional for localities.



             MANAGEMENT MEASURE COMPLIANCE:



             The Chesapeake Bay- Local Assistance Department requirements address development
             activities on sites currently developed. Redevelopment activities must achieve the 10%
             nonpoint source pollutant loading reduction. These requirements provide compliance
             with the management measure,

             The Stormwater Management Regulations encourage the development of watershed
             plans, to include the control of existing development as an objective.       The state
             stormwater management pr6gram is not mandatory and provides partial compliance with
             the management measure.



             EXISTING DEVELOPMENT


             ONSITE DISPOSAL SYSTEMS


             A. New Onsite Disposal Systems Management Measures

                    (1)    Ensure that new Onsite Disposal Systems (OSDS) are located,
                           designed, installed, operated, inspected, and maintained to prevent


             September 1995                                                                    5-29









                                               State Program Review for Urban Management Measures


                              the discharge of pollutants to, the surface of the ground and to the
                              extent practicable reduce the discharge of pollutants into ground
                              waters that are closely hydrologically i.,onnected to surface waters.
                              Where necessary to meet these ob@ectives: (a) discourage the
                              installation of garbage disposals to reduce hydraulic and nutrient'
                              loadings; and (b) where low-volume plumbing fixtures have not
                              been installed in new developments or redevelopments, reduce
                              total hydraulic loadings to the OSDS by 25 percent. - Implement-
                              OSDS inspection schedules for preconstruction,      construction, and
                              postconstruction.

                       (2)    Direct placement of OSDS away from unsuitable areas. Where
                              OSDS placement in unsuitable areas is not practicable, ensure that
                              the OSDS is designed or sited at a density so as not to adversely
                              affect surface waters or ground water that is closely hydrologically
                              connected to surface water. Unsuitable areas include, but are not
                              limited to, areas with poorly or excessively drained soils; areas with
                              shallow water tables or areas with high' seasonal water tables;
                              areas overlaying fractured bedrock. Oat drain directly to ground
                              water, areas within floodplains; or areas where nutrient andlor
                              pathogen concentrations in the effluent cannot be sufficiently
                              treated or reduced before the -affluent reaches sensitive
                              waterbodies,

                       (3)    Establish protective setbacks from su,rface waters, wetlands, and
                              floodplains for conventional as well 3s alternative OSDS. The
                              jateral setbacks should be based on soil type, slope, hydrologic
                              ;fa(';tors, and type of OSDS. Where uniform protective setbacks
                              cannot be achieved, site development with OSDS so as not to
                              adversely affect waterbodies andlor contribute to a public health
                              nuisance,

                       (4)    Establish protective separation distani.-es between OSDS system
                              components and groundwater whicj'7 is closely hydrologically
                              connected to surface waters. The separation distances should be
                              based on soil type, distance to grourd water, hydrologic factors,
                              and type of OSDS;

                       (5)    Where conditions indicate that nitrogen-limited surface waters may
                              be adversely affected by excess nitrogen loadings from ground
                              water, require the installation of OSDS that reduce total nitrogen


               September 1995                                                                         5-30




IL


                                               State Program Review for Urban Management Measures


                              loadings by 50 percent to ground water that is closely hydrologically
                              connected to surface water.


               Applicability: This management measure is intended to be applied by States to all new OSDS including
               package plants and small scale or regional treatment facilities not covered by NPDES regulations in order
               to manage Ile siting, design, installation, and operation and maintenance of all such 0,9DS,"



               Applicable State Programs

               Chesapeake Bay Local Assistance Department

                       Chesapeake Bay Preservation Act (CBPA)
                       (Sec. 10.1-200 through 2115 of the Code of Virginia)
                       Chesapeake Bay Preservation Area Designation and Management Regulations
                       (VR 173-02-01)

                       The Chesapeake Bay Preservation Act (ï¿½ 10.1-2100, et seq., Code of Virginia)
                       requires localities within Tidewater Virginia to adopt local programs to protect the
                       quality of state waters. In order to achieve this goal, localities must designate
                       certain land types and features as Chesapeake Bay Preservation 'Areas.
 t                     Localities must also adopt specific performance criteria to apply to the use,
                       development, and redevelopment of land within these areas.
  t                    Resource Protection Areas (RPAs) are sensitive lands at or near the shoreline
                       that have an intrinsic water quality value due to the ecological and biological
                       processes they perform or are sensitive to impacts which may cause significant
                       degradation to the quality of state waters. The RPAs include tidal shores, tidal
                       wetlands, nontidal wetlands contiguous to tidal wetlands, other lands deemed to
                       be significant in the p@otection of state waters, and a 100-foot buffer landward of
                       these features, as well as along tributary streams. Development in the RPA is
                       limited to water dependent facilities or the redevelopment of existing facilities,
                       provided these activities adhere to the performance criteria specified in the
                       regulations. Septic drainfields are not uses permitted by right in the RPA.

                       Section 4.2.7 of the Chesapeake Bay Preservation Area Designation and
                       Management Regulations requires that all new onsite sewage treatment systems
                       not requiring a Virginia Pollutant Discharge Elimination System Permit shall:

                       a. Have pump-out accomplished at least once very five years; and




               September  1995                                                                        5-31









                                               State Program Revievi for Urban Management Measures


                      b. Provide a reserve sewage disposal site with a capacity at least equal to the
                      primary disposal site. For parcels recorded prior to October 1, 1989, the reserve
                      site shall be provided if there is sufficient room for such a site. Construction shall
                      be prohibited on these areas until the site is served by public sewer or other
                      facility.

                      Section 5.6.A of the regulations requires that local governments review and revise
                      their comprehensive plans to address tho quality of state waters.- The
                      comprehensive plan serves to guide future dE@velopment. Two policy issues that
                      must be addressed in the comprehensive plan are the physical constraints to
                      development such as drainfield suitability d,,je to soil limitations and existing
                      pollution sources such as failing drainfields.

                      These requirements are mandatory in Chesapeake Bay Preservatio--n- Areas in
                      Tidewater Virginia. Localities outside of Tid&vater may adopt the criteria.


              Department of Housing and Community Development

                      Uniform Statewide Building Code, Volume / New Construction Code
                      (VR 394-01-21)

                      The Uniform Statewide Building Code was adopted by the Board of Housing and
                      Community Development under the authority of the Uniform Statewide Building
                      Code Law (ï¿½ 36-97, et seq., Code of Virginia). The Uniform Statewide Building
                      Code has adopted and incorporated the model building codes, and all portions of
                      other model codes and standards, by reference. The referenced model codes
                      include (1) The BOCA National Plumbing Code and (2) The CABO One and Two
                      Family Dwelling Code.

                      Section P-2317.2 of the CABO One and Two Family Dwelling Code requires that
                      water closets shall be of the water-conserving type. Section P-1222.3 of the
                      BOCA National Plumbing Code requires that flushometer valves be of the water
                      conservation type.

                      Provisions are made for modifications to model -odes or standards when alternate
                      means will provide- an equivalent level of   compliance. The Uniform Statewide
                      Building Code is updated every three years whEri new editions of the model codes
                      become available.

                      Enforcement of the Uniform Statewide      Buildin(l Code is the responsibility of the


              September 1995                                                                    -5 @-3 2









                                              State Program Review for Urban Management Measures


                     local building department (ï¿½ 36-105, Code of Virginia). Violators may be subject
                     to criminal penalties (ï¿½ 36-106, Code of Virginia). These requirements are
                     mandatory statewide.


              Virginia Department of Health

                     Environmental Health Services Law (Sec. 32.1-164 of the Code of Virginia)
                     Alternative Discharging Sewage . Treatment Regulations for Single Family
                     Dwellings

                     The Alternative Discharging Sewage Treatment Regulations for Single Family
                     Dwellings were adopted by the State Board of Health under the authority of the
                     Environmental Health Services Law (ï¿½ 32.1-164, Code of Virginia).               These
                     regulations establish criteria for the construction, location and operation of
                     alternative discharging sewage treatment systems with flows less than or equal
                     to 1000 gallons per day on a yearly average for an individual single family
                     dwelling.

                     Alternative discharging sewage treatment system is defined as any device or
                     system which results in a point source discharge of treated sewage (ï¿½ 32.1-163,
                     Code of Virginia).

                     Section 2.12 of the regulations states      that no person shall    construct, after,
                     rehabilitate, modify or extend a discharging system without a written construction
                     permit from the Department of Health. Facilities are inspected by the district or
                     local health department during construction.

                     No person shall cause or permit any discharging system to be operated without
                     a written operation permit issued by the Department of Health (ï¿½ 2.12.13,
                     Alternative Discharging Sewage Treatment Regulations for Single Family
                     Dwellings). An operation permit is issued upon satisfactory completion of the
                     construction and a certification stating the system was installed and constructed
                     in accordance with the permit, and that the system complies with all applicable
                     state and local regulations, ordinances and laws.

                     The owner is responsible for the operation and maintenance of the system. If
                     discharges exceed the limits established in the permit, the Department of Health
                     may mandate the repair, expansion or replacement of the discharging system (ï¿½
                     2.22, Alternative Discharging Sewage Treatment Regulations for Single Family
                     Dwellings),


              September 1995                                                                          5-33









                                                State Program Review for Urban Management Measures


                       Part III of the regulations establishes the location, design, construction, operation
                       and maintenance criteria. All discharging systems must be located in a manner
                       that protects public health and minimizes ervironmental impacts. These criteria
                       include:


                              - Setback distances for water supply intakes and recreational uses, private
                              and public water supplies, springs, @;ink holes, limestone outcrops, and
                              shellfish waters.


                                 Monitoring requirements. Formal testing is conducted on an annual
                              basis for systems with a general approval. Systems with experimental or
                              preliminary approval are tested quartE!rly and semi-annually, respectively.
                              To assure that monitoring is performed in a timely and competent fashion,
                              the owner must have a monitoring contract (ï¿½ 3.11.F, Alternative
                              Discharging Sewage Treatment Regulations for Single Family Dwellings).

                                Maintenance. A maintenance. contract must be kept in force at all times.
                              Failure to obtain or renew a maintenance contract shall result in the
                              suspension or revocation of the opefation permit (ï¿½ 3.12.13, Alternative
                              Discharging Sewage Treatment Regulations for Single Family Dwellings).

                      The Department of Health may revoke or SL'Spend a construction permit or an
                      operation permit (ï¿½ 2.18, Alternative Discharging Sewage Treatment Regulations
                      for Single Family Dwellings). The State Board of Health is authorized to issue
                      orders to require any person to comply with th _- provisions of the law, regulations,
                      or a case decision. Enforcement options specified in the law include criminal
                      penalties, civil penalties, and civil charges (ï¿½ 32.1-27, Code of Virginia).

                      These regulations are applicable statewide.


                      Environmental Health Services Law (Sec. 32.1-164 of the Code of Virginia)
                      Sewage Handling and Disposal Regulations

                      The Sewage Handling and Disposal Regulations were adopted by the State Board
                      of Health under the authority of the Environmental Health Services Law (ï¿½ 32.1-
                      164, Code of Virginia). The Sewage Handling and Disposal Regulations establish
                      criteria for the construction and operation of onsite disposal systems.

                      Section 2.12 of the regulations states thal the construction, expansion or
                      modification of a sewage disposal system requires a written construction permit


              September 1995                                                                          5-34









                                              State Program Review for Urban Management Measures


                     from the Department of Health. Facilities are inspected by the district or local
                     health department during construction.       An operation permit is issued upon
                     satisfactory completion of the construction and a certification stating the work was
                     done in accordance with the approved plans and specifications. The owner is
                     responsible for maintaining, repairing, or replacing any sewage disposal system
                     that ceases to operate as defined in the operation permit              2.22, Sewage
                     Handling and Disposal Regulations).

                     Part III of the regulations establishes the general criteria and methods for sewage
                     handling and disposal. Soil evaluations shall indicate whether or not the soil is
                     suitable for the installation of a subsurface soil absorption system.              The
                     topography, available area, seasonal water table, drinking water supplies, bodies
                     of water, shellfish growing areas, soil horizon, depth, rate of absorption, or a
                     combination of any of these factors s  hall be considered in such evaluation (ï¿½ 3.1,
                     Sewage Handling and Disposal Regulations). Other siting factors to consider
                     include:


                               Marshes and swamps. Placement of subsurface soil absorption systems
                             on or in swamps and marshes is prohibited.

                                Slopes. Subsurface soil absorption systems shall hot be placed on
                             slopes greater than 50 percent unless terraced.

                               Drainage ways. Subsurface soil absorption systems shall not be placed
                             at a position in a drainage way subject to intermittent flooding.

                               Fill material. Placement of subsurface soil absorption systems in fill
                             materials is normally prohibited.

                               Rock and impervious strata. A minimum separation distance of one foot
                             must be maintained between rock and impervious strata and the bottom of
                             the system.

                             . Sinkholes. Placement of a subsurface soil absorption system at the low
                             point of a sinkhole is prohibited.

                             . Floodplains. Subsurface soil absorption systems shall not be placed in
                             floodplains subject to annual or more frequent sustained flooding.

                     Design and construction criteria are specified for site preparation, sewers,
                     pretreatment systems, conveyance systems, and subsurface soil absorption


              September 1995                                                                          5-35









                                                State Program Review for Urban Management Measures


                       systems in Part IV of the regulations. Minimum separation distances between
                       subsurface soil absorption systems and various structures and topographic
                       features are established in.this part (Table .4.4, Sewage Handling and Disposal
                       Regulations). The separation distance between the seasonal water table and the
                       soil absorption trench bottom is based on soil percolation rates (ï¿½ 4.30.A.3 and
                       Table 4.6, Sewage Handling and Disposal Regulations). Special caution must be
                       taken to avoid soil compaction of the subsurface system area and smearing of the
                       trench sidewalls or bottom during construction.         The area- surrounding the
                       absorption area must be graded to divert surface runoff away from the absorption
                       site. No structures may be placed over the subsurface soil absorption system.
                       For mass drainfields, the department requirES pre-treatment if nitrogen exceeds
                       10 mg/It.

                       The State Board of Health is authorized to issue orders to require any person to
                       comply with the provisions       of the law, regulations, 'or a case decision.
                       Enforcement options specified in the law include criminal penalties, civil penalties,
                       and civil charges (ï¿½ 32.1-27, Code of Virginia).

                       These regulations are applicable statewide.



               MANAGEMENT MEASURE COMPLIANCE:


               The requirements established in the above programs partially meet the management
               -measure.


               The regulations administered by the Department of Health establish criteria for           the
               construction and operation of onsite disposal systerns. Siting requirements, setbacks,
               and minimum separation distances are specified. Because the separation distance
               between the seasonal waterjable and the soil absorption trench bottom may be as small
               as two inches (based on soil percolation rates), water quality protection may not be
               achieved. These regulations provide only partial ,-ompliance with the management
               measure.


               The Chesapeake Bay Local Assistance Department (CBLAD) program requires localities
               to designate Resource Protection Areas (RPAs).            Septic drainfields are not uses
               permitted by right in the RPA.         Localities must address physical constraints to
               development, such as soil limitations, in their comprehensive plans. Within Tidewater
               Virginia, the Chesapeake Bay Local Assistance Depertment (CBLAD) program provides
               state enforceable policies that provide partial compliance with the management measure.
               For the proposed management area outside of Tidewater, the CBLAD requirements are


               September 1993                                                                         5-36









                                             State Program Review for Urban Management Measures


              optional.

              The Uniform Statewide Building Code requires the installation of water closets and
              flushometer valves that conserve water. These requirements provide partial compliance
              with the management measure.




              EXISTING DEVELOPMENT


              B. Operating Onsite Disposal Systems Management Measure
                     (1)    Establish and implement policies and systems to "ensure. that
                            existing OSDS are operated and maintained to prevent the
                            discharge of pollutants to the surface of the ground and to the
                            extent practicable reduce the discharge of pollutants into ground
                            waters that are closely hydrologically connected to surface waters.
                            Where necessary to meet these objectives, encourage the reduced
                            use of garbage disposals, encourage the use of low-volume
                            plumbing fixtures, and reduce total phosphorus loadings to the
                            OSDS by 15 percent (if the use of low-level phosphate detergents
                            has not been required or widely adopted by OSDS users).
                            Establish and implement policies that require an OSDS to be
                            repaired, replaced, or modified where the OSDS fails, or threatens
                            or impairs surface waters;

                     (2)    Inspect OSDS at a frequency adequate to ascertain whether OSDS
                            are failing,

                     (3)    Consider replacing or upgrading OSDS to treat influent so that the
                            total nitrogen loadings in the effluent are reduced by 50 percent.
                            This provision applies only.

                            (a)    where conditions indicate that nitrogen-limited surface waters
                                   may be adversely - affected by significant ground water
                                   nitrogen loadings from OSDS, and

                            (b)    where nitrogen loadings from OSDS are delivered to ground
                                   water that is closely hydrologically connected to surface
                                   water.




              September 1995                                                                       5-37









                                                       State Program Review for Urban Management Measures


                  Applicability: "This management measure is intended to be applied by States to all operating OSDS....
                  This management measure does not apply to existing conventional OSDS that        *meet all of the following
                  criteria: (1) treat waste water from a single family home; (2) are sited where OSDS density is less than
                  or equal to one OSDS per 20 acres; and (3) the OSDS is sited at least 12,50 feet away from surface
                  waters."



                  Applicable State Programs

                  Chesapeake Bay Local Assistance Department

                          Chesapeake Bay Preservation Act (CBPA)
                          (Sec. 10.1-200 through 2115 of the Code of Virginia)
                          Chesapeake Bay Preservation Area Designation and Management Regulations
                          (VR 173-02-01)

                          The Chesapeake Bay Preservation Act (ï¿½ 10.1-2100, et seq., Code of Virginia)
                          requires localities within Tidewater Virginia to adopt local programs to protect the
                          quality of state waters. In order to achieve this goal, localities must designate
                          certain land types and features as Chesapeake Bay Preservation Areas.
                          Localities must also adopt specific performance criteria to apply to the use,
                          development, and redevelopment of land within these areas.

                          Section 4.2.7 of the         Chesapeake Bay Preservation Area Designation and
                          Management Regulations requires that ail existing onsite sewage treatment
                          systems not requiring a Virginia Pollutant Discharge Elimination System Permit
                          shall have pump-out accomplished at least once very five years.

                          Section 5.6.A of the regulations requires that local governments review and revise
                          their comprehensive, plans to address thE@ quality of state waters.                            The
                          comprehensive plan serves to guide future development. Two policy issues that
                          must be addressed in the comprehensive plan are the physical constraints to
                          development such as drainfield suitability due to soil limitations and existing
                          pollution sources suph as failing drainfields.

                          These requirements are mandatory in Cheszipeake Bay Preservation Areas in
                          Tidewater Virginia. Localities outside of Tidewater may adopt the criteria.


                 Virginia Department of Agriculture and Consumer Services

                          Section 62.1-193.1 of     the Code of Virginia prohibits the use, sale, manufacture or

                 September 1995                                                                                        5-38









                                            State Program Review for Urban Management Measures


                     distribution of any cleaning agent that contains more than zero percent
                     phosphorus by weight expressed as elemental phosphorus, except for an amount
                     not exceeding 0.5 percent that is incidental to manufacturing. Cleaning agents
                     include laundry detergent, dishwashing compound, household cleaner, metal
                     cleaner, industrial cleaner, phosphate compound or other compound that is
                     intended to be used for cleaning.

                     Violators may be subject to criminal penalties (ï¿½ 62.1-193.3, Code of Virginia).


              Virginia Department of Health

                     Environmental Health Services Law (Sec. 32.1-164 of the Code of Virginia)
                     Alternative Discharging Sewage Treatment Regulations for Single Family
                     Dwellings

                     The Alternative Discharging Sewage Treatment Regulations for Single Family
                     Dwellings were adopted by the State Board of Health under the authority of the
                     Environmental Health Services Law (ï¿½ 32.1-164, Code of Virginia).          These
                     regulations establish criteria for the construction, location and operation of
                     alternative discharging sewage treatment systems with flows less than or equal
                     to 1000 gallons per day on a yearly,average for an individual single family
                     dwelling.

                     Alternative discharging sewage treatment system     is defined as any device or
                     system which results in a point source discharge of treated sewage (ï¿½ 32.1-163,
                     Code of Virginia).

                     No person shall cause or permit any discharging system to be operated without
                     a written operation -permit issued by the. Department of Health (ï¿½ 2.12.B,
                     Alternative Discharging Sewage Treatment Regulations for Single Family
                     Dwellings). An operation permit is issued upon satisfactory completion of the
                     construction and a certification stating the system was installed and constructed
                     in accordance with the permit, and that the system complies with all applicable
                     state and local regulations, ordinances and laws.

                     The owner is responsible for the operation and maintenance of the system. If
                     discharges exceed the limits established in the permit, the Department of Health
                     may mandate the repair, expansion or replacement of the discharging system (ï¿½
                     2.22, Alternative Discharging Sewage Treatment Regulations for Single Family
                     Dwellings).


             September 1995                                                                      5-39









                                               State Program Review for Urban Management Measures


                      Part Ili of the regulations establishes the location, design, construction, operation
                      and maintenance criteria. All discharging systems must be located in a manner
                      that protects public health and minimizes environmental impacts. These criteria
                      include:


                                 Monitoring requirements. Formal testing is conducted on an annual
                              basis for systems with a general approval. Systems with experimental or
                              preliminary approval are tested quarterly and semi-annually, respe6tively.
                              To assure that monitoring is performed in a timely and competent fashion,
                              the owner must have a monitoring contract (ï¿½ 3.1 1.F, Alternative
                              Discharging Sewage Treatment Regulations for Single Family Dwellings).

                                Maintenance. A maintenance contract must be kept in force at all times.
                              Failure to obtain or renew a maintEnance contract shall result in the
                              suspension or revocation of the opei-ation permit (ï¿½ 3.12.B, Alternative
                              Discharging Sewage Treatment Regulations for Single Family Dwellings).'

                      The Department of Health may revoke or suspend a construction permit or an
                      operation permit (ï¿½ 2.18, Alternative Discharging Sewage Treatment Regulations
                      for Single Family Dwellings). The State Board of Health is authorized to issue
                      orders to require any person to comply with the provisions of the law, regulations,
                      or a case decision. Enforcement options specified in the law include criminal
                      penalties, civil penalties, and civil charges (ï¿½ 32.1-27, Code of Virginia).

                      These regulations are applicable statewide.


                      Environmental Health Services Law (Sec. 32.1-164 of the Code of Virginia)
                              Sewage Handling and Disposal Regulations

                      The Sewage Handling and Disposal Regulations were adopted by the State Board
                      of Health under the authority of the Environmental Health Services Law (ï¿½ 32.1-
                      164, Code of Virginia). The Sewage Handling and Disposal Regulations establish
                      criteria for the construction and operation of onsite disposal systems.

                      An operation permit is issued upon   satisfactory completion of the construction and
                      a certification stating the work was done in accordance with the approved plans
                      and specifications.    The owner is respons;ble for maintaining, repairing, or
                      replacing any sewage disposal system that ceases to operate as defined in the
                      operation permit (ï¿½ 2.22, Sewage Handling and Disposal Regulations).



              September 1995                                                                   -5-40









                                                State Program Review for Urban M0/7,?(ft'07e-nt Mc@,,,,sures


                       These regulations encourage water saving plu nbing devices to lengthen the life
                       of the system.

                       The Department of Health has developed a manual address           ing the identification
                       and repair of failing drainfields (The Systematic Evaluation and Repair of Failing
                       Drainfields in the Coastal Zone Area of Virginia).

                       The State Board of Health is authorized to issue orders to require any p       .erson to
                       comply with the provisions of the law, regulations, oi- a caso decision.
                       Enforcement options specified in the law include criminal penalties, civil Penalties,
                       and civil charges (ï¿½ 32.1-27, Code'of Virginia).

                       These regulations are applicable statewide,



               MANAGEMENT MEASURE COMPLIANCE:


               The regulations administered by the Department of Health establish criteria for the
               construction and operation of onsite disposal systems.                  Adequate operation,
               maintenance, and monitoring requirements have been established for discharging
               systems. There are no requirements for the routine inspection of conventional septic
               systems. These regulations provide partial compliance with the management measure.

               Virginia has adopted legislation prohibiting the use of cleaning agents containing more
               than zero percent phosphorus by weight expressed a's elemental phosphorus. This
               requirement provides partial complian     ce with the management measure.

               The Chesapeake Bay Local Assistance Department (CBLAD) program requires systems
               to be pumped out every five years and requires localities to address existing sources of
               pollution, such as failing d4nfields, in their comprehensive plans. Within Tidewater
               Virginia, the CBLAD program provides state enforceable policies that provide partial
               compliance with the management measure.



               POLLUTION PREVENTION


               A. Pollution Prevention Management Measure

                       Implement pollution prevention and education programs to reduce
                       nonpoint source pollutants generated from the following activities, where
                       applicable:


               September 1995                                                                             5-41









                                               State Program Review for Urban Management Measures


                             The improper storage, use, and disposal of household hazardous
                             chemicals, including automobile fluids, pesticides, paints, solvents,
                             etc.;

                             Lawn and garden activities, including !he application and disposal
                             of lawn and garden care products, and the improper disposal of
                             leaves and yard trimmings;

                             Turf management on golfcourses, parks, and recreational areas;

                             Improper operation and maintenance cf onsite disposal systems;

                             Discharge of pollutants into storm d rains including floatables, waste
                             oil, and litter,

                             Commercial activities including parking lots, gas stations, and other
                             entities not under NPDES purview, and

                             Improper disposal of pet excrement.

              Applicability: "This management measure is intended to be applied by States to reduce the generation.
              of nonpoint source pollution in all areas within the section 6217 management area."



              Applicable State Programs

              State agencies sponsor or support the following pollution prevention and education
              activities and materials:


              Chesapeake Bay Local Assistance Department

                     Local Assistance Manual


                     The Chesapeake Bay Preservation Act (ï¿½ 10.1-2100, et seq., Code of Virginia)
                     requires localities -within Tidewater Virginia to adopt local programs to protect the
                     quality of state waters. In order to achieve this goal, localities must designate
                     certain land types and features as Chesapeake Bay Preservation Areas.
                     Localities must also adopt specific performance criteria to apply to the use,
                     development, and redevelopment of land within these areas.

                     Section 5.6.A of the regulations requires that local governments in Tidewater


              September 1995                                                                         5-42









                                               State Program Review for Urban Management Measures


                      Virginia review and revise their comprehensive plans to address the quality of
                      state waters. The comprehensive plan serves to guide future development. The
                      topics for review and revision are (1) the physical constraints to developments
                      such as soil limitations, (2) the protection of gro     'undwater resources, (3) the
                      relationship of land use to fisheries, (4) the appropriate density for docks and
                      piers, (5) the effect of public and private access on water quality, (6) sources of
                      existing pollution such as underground storage tanks, and (7) the potential for
                      water quality improvement through redevelopment. Each of these topics should
                      be discussed and appropriate policy statements developed.


               Department of Conservation and Recreation

                      The Department of Conservation and Recreation has produced several innovative
                      publications which encourage pollution prevention:

                              * Tips on Keeping Your Lawn Green... And the Chesapeake Bay Clean-.
                              * We Would Like to Clear Up a Few Things Related to Lawn Care...
                                     Like Virginia's Rivers, Lakes and Streams.
                              * Treasure of Abundance or Pandora's Box?
                              * The Virginia Gardener Year Round Guide to Nutrient Management.
                              * Ecological Turf Tips... To Protect the Chesapeake Bay.
                              * Classic Agronomic Principles Can Reduce Pesticide Need.
                              * Nutrient Management for Golf Course Managers.
                              * Nutrient Management for Lawn Care Services.
                              * Lawn Fertilization in Virginia.
                              * Turfgrass Nutrient and Pesticide Management for Public Lands.*
                              * Save Our Streams Program, Izaak Walton League of America


               Department of Environmental Quality

                      The Department of Environmental. Quality has produced several innovative
                      publications which encourage pollution prevention. These publications include the
                      following:

                              * BayScapes.
                              * 25 Ways to Help Virginia's Environment.
                              * Nonpoint Source Pollution...Be Part of the Solution.





               September 1995                                                                            5-43









                                               State Program Reviev for Urban Management Measures


                       Pollution Prevention and Waste Reduction Assistance Programs

                       The Waste Reduction Assistance Program is a voluntary *pollution prevention
                       technical assistance program administered by the Department of Environmental
                       Quality. The heart of the Waste Reductior: Assistance Program is a pollution
                       prevention information clearinghouse, coWaining fact sheets, case studies,
                       publications, journals,  and other materials related to waste reduction.         The
                       following objectives have been established for the Waste Reduction Assistance
                       Program:

                              (1) Ensure that Virginia industry, public institutions and the general public
                              are educated about and provided with technical assistance for waste
                              reduction and pollution prevention.
                              (2) Promote pollution prevention with anvironmental regulatory programs.
                              (3) Provide staff support to pollution prevention advisory panels.
                              (4) Administer pollution prevention pilot project program.
                              (5) Administer waste exchange program.
                              (6) Administer pollution prevention grants program.
                              (7) Evaluate program.


                Virginia Cooperative Extension Service

                       The Virginia Cooperative Extension Service has produced several innovative
                       publications which encourage_ pollution preve.-ition:

                              * It's Your Bay Protect It!
                              * Landscape Tips to Improve Water Cuality.
                              * Water Quality in Virginia.
                              * Compost 'Ern Leaf It Alone!
                              * BayScaping: A Way to Benefit Lawns, Gardens... and the Bay!
                              * EASY Program.
                              * Lawn Care Calendar.
                              * Turf Tips Calibrating Your Lawn Spreader.
                              * Master Gardener Program.
                              * Field days and workshops.
                              * Chesapeake Bay Residential Watershed Water Quality Program.


               Virginia Department of Agriculture and Consumer Services



               September 1995                                                                        5-44









                                            State Program Review for Urban Management Measures


                     The Virginia Department of Agriculture a    nd Consumer Services has
                     produced the following innovative pollution prevention publications:

                            * Pesticide Disposal Program ("Clean Days") - cooperative effort with the
                                  Virginia Cooperative Extension Service and the Department of
                                  General Services.
                            * Pesticide Container Recycling Program.


              Virginia Department of Health

                     The Virginia Department of Health has produced the following pollution
                     prevention publications:

                            * Alternative Septic Systems for Virginia.
                            * Groundwater Contamination and Your Septic System.
                            * The Facts and Folklore of Septic System Maintenance.
                            * Taking the Mystery Out of Your Site Evaluation.



              Virginia Department of Transportation

                     The Virginia Department of Transportation has produced the following
                     pollution prevention publications:

                            * Adopt-a-Highway Program.
                            * Storm drain stenciling.
                            * Internal recycling program.



              MANAGEMENT MEASURE COMPLIANCE:


              Educational materials and pollution prevention activities address the requirements of this
              management measure.









              September 1995                                                                    5-45









                                                       State Program Review, for Urban Management Measures'


                  ROADS, HIGHWAYS, AND BRIDGES
                  [NOTE: Management Measures ILA and 11.13 of this chapter al,@;o apply to planning, siting, and developing
                  roads and highways.]

                  A. Management Measure for Planning, Siting, and Developing Roads and
                  Highways

                          Plan, site, and develop roads and highways lo:

                          (1)     Protect areas that provide important water quality benefits or are
                                  particularly susceptible to erosion or sediment loss;

                          (2)     Limit land disturbance such as clearing, a         nd grading and cut and fill
                                  to reduce erosion and sediment loss; and

                          (3)     Limit disturbance of natural drainage features and vegetation.

                  Applicability: "This management measure is intended to be applied by States to site development and land
                  disturbing activities for new, relocated, and reconstructed (wid,aned) roads (including residential streets)
                  and highways in order to reduce the generation of nonpoint source pollutants and to mitigate the impacts
                  of urban runoff and associated pollutants from such activities."



                  Applicable State Programs

                  Chesapeake Bay Local Assistance Department

                          Chesapeake Bay Preservation Act (CBPA)
                          (Sec. 10.1-200 through 2115 of the Code of 11irginia)
                          Chesapeake Bay Pr(@servation Area DesignaJon and Management Regulations
                          (VR 173-02-01)

                          The Chesapeake Bay Preservation Act (ï¿½ 10.1-2100, et seq., Code of Virginia)
                          requires localities within Tidewater Virginia toadopt local programs to protect the
                          quality of state waters. In order to achieve this goal, localities must designate
                          certain land types and features as Chesapeake Bay Preservation Areas.
                          Localities must also adopt specific performance criteria to apply to the use,
                          development, and redevelopment of land within these areas.

                          Resource Protection Areas (RPAs) are sensitive lands at or                  near the shoreline
                          that have an intrinsic water quality value due to the ecological and biological
                          processes they perform or are sensitive to impacts which may cause significant

                  September 1995                                                                                       5-46









                                              State Program Review for Urban Management A4easures


                     degradation to the quality of state waters. The RPAs include tidal shores, tidal
                     wetlands, nontidal wetlands contiguous to tidal wetlands, othor Irands doomed to
                     be significant in the protection of state waters, and a 100-foot buffer landward of
                     these features, as,well as along tributary streams. Development in the RPA is
                     limited to water dependent facilities or the redevelopment of existing facilities,
                     provided these activities adhere to the performance criteria specified in tile
                     regulations.

                     Sections 1.4 and 4.5. B. 1 of the regulations provides the distinction between public
                     roads and other roads. The exemption of public roads is conditioned on the
                     requirements that the alignment and design must be optimized to minimize
                     encroachment in the RPA and adverse effects on water quality, In addition, state
                     erosion and sediment control and stormwater management criteria must be
                     applied.


                     Other roads may be constructed within the RPA when they cornoly with thle.
                     following conditions specified in ï¿½ 4.3.3 of the regulations: (1) there is no
                     reasonable alternative, (2) the layout is optimized to minimize impacts on water
                     quality and encroachment into RPA land types,. (3) all performance criteria
                     established in ï¿½ 4.2 of the regulations are met, and (4) project review is
                     accomplished with local plan review and approval procedures.

                     Resource Management Areas (RMAs) are land types           that, if improperly msed or
                     developed, have a potential for causing significant water quality degradation or
                     diminishing the functional value of the RPA. Examples include floodplains; highly
                     erodible soils, including steep slopes; highly permeable soils; nontidal wetlands
                     not included in the RPA; and other lands necessary to protect the quality of state
                     waters. Development in these areas must adhere to the performance criteria in
                     ï¿½ 4.2 of the regulatioris.

                     Section 4.2.5 of the Chesapeake Bay Preservation Area Designation and
                     Management Regulations requires that land development minimize impervious
                     cover consistent with the use or development allowed. Minimization of impervious
                     cover is further encouraged through compliance with the water quality
                     performance criteria (ï¿½ 4.2.8 of the regulations).

                     Section 4.2.1 of the regulations requires that no more land be disturbed than is
                     necessary to provide for the desired use or development. Some localities have
                     opted to provide a specific standard for the maximum amount of disturbance
                     allowed (e.g., 60% of the site).


             September 1995                                                                          5-47









                                               State Program Revievv for Urban Management Measures


                       Section 4.2.2 of the regulations requires that indigenous vegetation be preserved
                       to the maximum extent possible consistent with the use and development allowed.
                       The amount of vegetation preserved is related to the amounit of land disturbed,
                       therefore, the general and specific standards for land disturbance also encourage
                       the preservation of vegetation.     Preservation of natural drainage features is
                       accomplished somewhat through the RPA designation.

                       Section 4.2.6 of the regulations requires that land disturbing activities exceeding
                       2500 square feet comply with the requirements of the local erosion and sediment
                       control ordinance. Section 4.2.4 further requires that development involving land
                       disturbances exceeding 2500 square feet go through a site plan review process
                       consistent with ï¿½ 15.1-491(h) of the Code of Virginia.

                       Section 4.2.11 of the regulations requires that evidence of all applicable wetlands
                       permits be provided prior to the authorization of grading or other onsite activities.

                       Section 5.6.A of the regulations requires local governments to review and revise
                       their comprehensive plans to address the quality of state waters.                The
                       comprehensive plan serves to guide future development. A topic for review and
                       revision related to transportation facility dEvelopment is the identification of
                       physical'constraints to development, such as soil limitations.

                       These requirements are mandatory in Chesapeake Bay Preservation Areas in
                       Tidewater Virginia. Localities outside of Tidewater may adopt the criteria.


               Department of Conservation and Recreation

                       Erosion and Sediment Control. Law (Sec. 10. 1 -560, et seq. of the Code of
                       Virginia)            I
                       Virginia Erosion and Sediment Control Regulations (VR 625-02-00)

                       Section 1.5.7 of the Virginia Erosion and Sediment Control Regulations (VR 625-
                       02-00) requires that cut and fill slopes be designed and constructed in a manner
                       that will minimize erosion. Slopes that are found to be eroding excessively within
                       one year of permanent stabilization shall be provided with additional slope
                       stabilization measures until the problem is corrected.

                       Section 1.5.12 of the regulations requires that, when working in a live
                       watercourse, precautions be taken to minimize encroachment, control sediment
                       transport, and stabilize the work area to the greatest extent possible during


               September 1995                                                                         5-48









                                              State Program Review for Urban Management Measures


                      construction. Section   1.5.15 of the regulations requires that the bed and banks
                      of a watercourse be     stabilized immediately after work in the watercourse is
                      completed.

                      These requirements are mandatory statewide. In Tidewater Virginia, the land
                      disturbing threshold is 2500 square feet. The minimum threshold outside of
                      Tidewater is 10,000 square feet, though localities may choose to reduce the
                      threshold.



                      Virginia Stormweter Management Regulations (VR 215-02-00)

                      Section 2.4 of the Virginia Sto rmwater Management Regulations (VR-.215-02-00)
                      encourages the use of nonstructural measures. These measures, including
                      minimization of impervious surface and curbing requirements, open space
                      acquisition, and protection of wetlands, steep slopes and vegetation should be
                      coordinated with structural requirements. The inclusion of nonstructural measuees
                      can reduce the scope and costs of structural practices.

                      The stormwater management regulations are optional for localities and mandatory
                      for state agency projects.


               Department of Environmental       Quality

                      Virginia Water Protection Permits (VR 680-15-02)

                      Under ï¿½ 401 of the Clean Water Act, any applicant for a federal permit or license
                      must obtain a water quality certificate from the state before undertaking any
                      activity which could r6sult in a discharge to waters of the United States, including
                      wetlands.
                      The Virginia Water Protection Permit was created by amending the State Water
                      Control Law (ï¿½ 62.1-44.15:5, Code of Virginia). Issuance of the permit constitutes
                      the certification required under ï¿½ 401. A permit is issued if it is determined that
                      the activity is consistent with the provisions of the Clean Water Act and will
                      protect instrearn beneficial uses.

                      The Virginia Water Protection Permit regulations (VR 680-15-02) describe those
                      activities which require permits and establish the procedures for issuing, denying,
                      and enforcing permits. These regulations are applicable statewide.



               September 1995                                                                         5-49









                                                 State Program Review for Urban Management Measures


                        Enforcement options specified in the law include criminal penalties and civil
                        penalties (ï¿½ 62.1-44.32, Code of Virginia).


                Virginia Department of Transportation

                        The Virginia Department of Transportation (VDOT) has established procedures
                        for the environmental review of state and federal transportation projects. 'P@riojects
                        are presented to state and federal agencies at monthly inter-agency coordination
                        meetings. Federal agencies participating include the U. S. Army Corps of
                        Engineers, U. S. Environmental Protection Agency, U. S. Fish and Wildlife
                        Service, and the National Marine Fisheries ",service. Participating state agencies
                        include the Chesapeake Bay Local Assistance Department, Depairtment of
                        Conservation and Recreation, Department oi-' Environmental Quality, Department
                        of Game and Inland Fisheries, Departmen-: of Health, Department of Historic
                        Resources, Virginia Institute of Marine Science, and the Virginia Marine
                        Resources Commission. This process begins at the project initiation stage.
                        Proposed projects, including alternatives, are presented to the cooperating
                        agencies and their comments are solicited and recorded. This information assists
                        VDOT in avoiding environmental impacts and developing necessary mitigation
                        measures for unavoidable impacts.

                        In accordance with ï¿½ 10.1-603.5 and ï¿½ 10.1-,r;64.A of the Code of Virginia, VDOT
                        submits annual standards and specifications for stormwater management and
                        erosion and sediment control to the Department of Conservation and Recreation
                        for review"and approval. These documents @stablish the procedures VDOT will
                        use on its transportation projects to comply with the state laws and regulations.


               Virginia Marine Resources Commission

                        The Virginia Marine Resources Commission ('JMRC) administers the Submerged.
                        Lands and Tidal Wetlands Permit Program and is charged with the review of all
                        tidal wetland permit decisions of local wetlands boards. The Tidal Wetlands
                        Permit Program applies throughout Tidewater Virginia. The Submerged Lands
                        Permit Program applies statewide to all stata-owned submerged lands. Generally
                        this includes waterways with flows greater han five cubic feet per second or
                        drainage areas greater than five square miles.

                        Permits are issues through a Joint Permit Review Process involving local, state
                        and federal agencies. Permits are reviewed based on compliance with statutory


               September 1995                                                                           5-50









                                            State Progr am Peview for Urban Maooacrount (v1Pa,,.-ures


                    requirements and Commission guidelines, as well as advisory assistance provided
                    by cooperating state and federal agencies. These include, the Del.-Kartment of
                    Environmental Quality, Department of Conservation and Recreation, Department
                    of Health, and Department of Game and Inland Fisheries.



             MANAGEMENT MEASURE COMPLIANCE:


             Within Tidewater Virginia, the Chesapeake Bay Local Assistance Department (CBLAD)
             program provides state enforceable policies that meet the management measure. The
             requirements identified in this measure parallel the performance criteria establis-hed by
             CBLAD for local programs. For the proposed management area outside of Tidewater,
             the CBLAD requirements are optional.

             The Erosion and Sediment Control Regulations address portions of criteria 2 and 3 of
             the management measure. These requirements provide partial compliance with the
             measure,


             The Virginia Water Protection Permit Program regulates activities in state waters or
             wetlands only. Therefore, its reach will be limited to those transportation projects that
             have a proposed impact on state waters, During project review, efforts are made, to
             minimize encroachment into state waters. Mitigation of wetlands impacts is required at
             a 2:1 ratio for all physical impacts. This program provides partial compliance with the
             management measure.

             The scoping process developed by the Virginia Department of Transportation provides
             natural resource agencies an opportunity to identify potential environmental concerns
             early in project development. This procedure provides partial compliance with the
             management measure.

             The Stormwater Management Regulations encourage minimization of impervious
             surfaces and the protection of wetlands, steep slopes and vegetation.          The state
             stormwater management program is mandatory for state agencies and optional for
             localities. It provides partial compliance with the management measure.


             ROADS, HIGHWAYS, AND BRIDGES
             B. Management Measure fo'r Bridges

                    Site, design, and maintain bridge structures so that sensitive and valuable


             September 1995                                                                       5-51









                                                  State Program Review for Urban Management Measures


                        aquatic ecosystems and areas providing important water quality benefits
                        are protected from adverse effects.

                Applicability: "This management measure is intended to be applied by States to new, relocated, and
                rehabilitated bridge structures in order of control erosion, strea,,ned scouring, and surface runoff from such
                activities."



                Applicable State Programs

                Chesapeake Bay Local Assistance Department

                        Chesapeake Bay Preservation Act (CBPA)
                        (Sec. 10.1-200 through 2115 of the Code of Virginia)
                        Chesapeake Bay Preservation Area DesignE,tion and Management Regulations
                        (VR 173-02-01)

                        The Chesapeake Bay Preservation Act (ï¿½ 10.1-2100, et seq., Code of Virginia)
                        requires localitieswithin Tidewater Virginia to adopt local programs to protect the
                        quality of. state waters. In order to achieve this goal, localities must designate
                        certain land types and features as Chesapeake Bay Preservation Areas.
                        Localities must also adopt specific performance criteria to apply to the use,
                        development, and redevelopment of land within these areas.

                        Resource Protection Areas (RPAs) are sensitive lands at or near the shoreline
                        that have an intrinsic water quality value dUe to the ecological and biological
                        processes they perform or are sensitive to impacts which may cause significant
                        degradation to the quality of state waters. 71e RPAs include tidal shores, tidal
                        wetlands, nontidal wetlands contiguous to tidal wetlands, other lands deemed to
                        be significant in the protection of state waters, and a 100-foot buffer landward of
                        these features, as well as along tributary stmams. Development in the RPA is
                        limited to water dependent facilities or the redevelopment of existing facilities,
                        provided these activities adhere to the performance criteria specified in the
                        regulations.

                        Sections 1.4 and 4.5. B. 1 of the regulations provides the   distinction between public
                        roads and other roads. The exemption of public roads is conditioned on the
                        requirements that the alignment and design must be optimized to minimize
                        encroachment in the RPA and adverse effects on water quality. In addition, state
                        erosion and sediment control and stormwai:er management criteria must be
                        applied.


               September 1995                                                                               5-52









                                               State Program Review for Urban Management Measures


                      Other roads may be constructed within the        RPA when they comply with the
                      following conditions specified in ï¿½ 4.3.3 of the regulations:        (1) there is no
                      reasonable alternative, (2) the layout is optimized to minimize impacts on water
                      quality and encroachment into RPA land types, (3) all performance criteria
                      established in ï¿½ 4.2 of the regulations are met, and (4) project review is
                      accomplished with local plan review and approval procedures.

                      Resource Management Areas (RMAs) are land types that, if improperly'used or
                      developed, have a potential for causing significant water quality degradation or
                      diminishing the functional value of the RPA. Examples include floodplains; highly
                      erodible soils, including steep slopes; highly permeable soils; nontidal wetlands
                      not included in the RPA; and other lands necessary to protect the quality of state
                      waters. Development in these areas must adhere to the performance- criteria in
                      ï¿½ 4.2 of the regulations.

                      Section 4.2.5 of the Ches      apeake Bay Preservation Area Designation and
                      Management Regulations requires that land development minimize impervious
                      cover consistent with the use or development allowed. Minimization of impervious
                      cover is further encouraged through compliance with the water quality
                      performance criteria (ï¿½ 4.2.8 of the regulations),

                      Section 4.2.1 of the regulations requires that no more land be disturbed than is
                      necessary to provide for the desired use or development. Some localities have
                      opted to provide a specific standard for the maximum amount of disturbance
                      allowed (e.g., 60% of the site).

                      Section 4.2.2 of the regulations requires that indigenous vegetation be preserved
                      to the maximum extent possible consistent with the use and development allowed.
                      The amount of vegetation preserved is related to the amount of land disturbed,
                      therefore, the generaland specific standards for land disturbance also encourage
                      the preservation of vegetation.      Preservation of natural drainage features is
                      accomplished somewhat through the RPA designation.

                      Section 4.2.6 of the regulations requires that land disturbing activities exceeding
                      2500 square feet comply with the requirements of the local erosion and sediment
                      control ordinance. Section 4.2.4 further requires that development involving land
                      disturbances exceeding 2500 square feet go through a site plan review process
                      consistent with ï¿½ 15.1-491(h) of the Code of Virginia.

                      Section 4.2.11 of the regulations requires that evidence of all applicable wetlands
                      permits be provided prior to the authorization of grading or other onsite activities.


               September 1995                                                                          5-53









                                             State Program Review for Urban Management Measures


                     Section 5.6.A of the regulations requires local governments to review and revise
                     their comprehensive plans to address the quality of . state waters.          , The
                     comprehensive plan serves to guide future development. A topic for review and
                     revision related to  transportation facility development is the identification of
                     physical constraints to development, such as soil limitations.

                     Th 'ese requirements are mandatory in Chesapeake Say Preservation Areas in
                     Tidewater Virginia. Localities outside of Tidewater may adopt.the criteria'.'


              Department of Conservation and Recreation

                     Erosion and Sediment Control Law (Sec. 10.1-560, et seq. of the Code of
                     Virginia)
                     Virginia Erosion and Sediment Control Regul9tions (VR 625-02-00)

                     Section 1.5.7 of the Virginia Erosion and Sediment Control Regulations (VR 625-
                     02-00) requires that cut and fill slopes be designed and constructed in a manner
                     that will minimize erosion. Slopes that are found to be eroding excessively within
                     one year of permanent stabilization shall be provided with additional slope
                     stabilization measures until the problem is corrected.

                     Section 1.5.12 of the regulations require:3 that, when working in a live
                     watercourse, precautions be taken to minimi2:e encroachment, control sediment
                     transport, and stabilize the work area to the greatest extent._ possible during
                     construction. Section 1.5.15 of the regulations requires that the bed and banks
                     of a watercourse be stabilized immediately after work in the watercourse is
                     completed,

                     These requirements are mandatory statewide. In Tidewater Virginia, the land
                     disturbing threshold is 2500 square feet. The minimum threshold outside of
                     Tidewater is 10,000 square feet, though localities may choose to reduce the
                     threshold.



                     Virginia Stormwater Management Regulatiom@ (VR 215-02-00)

                     Section 2.4 of the Virginia Stormwater Management Regulations (VR 215-02-00)
                     encourages the use of nonstructural meaSLres. These measures, including
                     minimization of impervious surface and CLrbing requirements, open space
                     acquisition, and protection of wetlands, steep slopes and vegetation should be


             September 1995                                                                       5-54









                                               State Program Review for Urban Management Measures


                      coordinated with structural requirements. The inclusion of nonstructural measures
                      can reduce the scope and costs of structural practices.

                      The stormwater management regulations are optional for localities and mandatory
                      for state agency projects.


               Department of Environmental Quality

                      Virginia Water Protection Permits (VR 680-15-02)

                      Under ï¿½ 401 of the Clean Water Act, any applicant for a federal permit or license
                      must obtain a water quality certificate from the state before undertaking any
                      activity which could result in a discharge to waters of the United States, including
                      wetlands.
                      The Virginia Water Protection Permit was created by amending the State Water
                      Control Law (ï¿½ 62.1-44.15.-5, Code of Virginia). Issuance of the permit constitutes
                      the certification required under ï¿½ 401. A permit is issued if it is determined that
                      the activity is consistent with the provisions of the Clean Water Act and will
                      protect instrearn beneficial uses.

                      The Virginia Water Protection Permit regulations (VR 680-15-02) describe those
                      activities which require permits- and establish the procedures for issuing, denying,
                      and enforcing permits. These regulations are applicable statewide.

                      Enforcement options specified in the law include criminal penalties and civil
                      penalties (ï¿½ 62.1-44.32, Code of Virginia).




               Virginia Department of Transportation

                      The Virginia Department of Transportation (VDOT) has established procedures
                      for the environmental review of state and federal transportation projects. Projects
                      are presented to state and federal agencies at monthly inter-agency coordination
                      meetings.    Federal agencies participating include the U. S. Army Corps of
                      Engineers, U. S. Environmental Protection Agency, U. S. Fish and Wildlife
                      Service, and the National Marine Fisheries Service. Participating state agencies
                      include the Chesapeake Bay Local Assistance Department, Department of
                      Conservation and Recreation, Department of Environmental Quality, Department
                      of Game and inland Fisheries, Department of Health, Department of Historic


               September 1995                                                                        5-55









                                                State Program Review for Urban Management Measures


                       Resources, Virginia Institute of Marine %Science, and the Virginia Marine
                       Resources Commission. This process begins at the project initiation stage.
                       Proposed projects, including alternatives, are presented * to the cooperating
                       agencies  'and their comments are solicited and recorded. This information assists
                       VDOT in avoiding environmental impacts and developing necessary mitigation
                       measures for unavoidable impacts.

                       In accordance with ï¿½ 10. 1 -603.5 and ï¿½ 10. 1 -1564.A of the Code- of Virgini8,'VDOT
                       submits annual standards and specification:i for stormwater management and
                       erosion and sediment control to the Departm--nt of Conservation and Recreation
                       for review and approval. These documents astablish the procedures VDOT will
                       use on its transportation projects to comply with the state laws and regulations.


               Virginia Marine Resources Commission

                       The Virginia Marine Resources Commission (VMRC) administers the Submerged
                       Lands and Tidal Wetlands Permit Program'and is charged with the review of all
                       tidal wetland permit decisions of local wetlands boards. The Tidal Wetlands
                       Permit Program applies throughout TidewatE!r Virginia. The Submerged Lands
                       Permit Program applies statewide to all state-owned submerged lands. Generally
                       this includes waterways with flows greater than five cubic feet per second or
                       drainage areas greater than five square miles.

                       Permits are issues through a Joint Permit REiview Process involving local, state
                       and federal agencies. Permits are reviewed based on compliance with statutory
                       requirements and Commission guidelines, as well as advisory assistance provided
                       by cooperating state and federal agencies. These include the Department of
                       Environmental Quality, Department of Conservation and Recreation, Department
                       of Health, and Department of Game and Inland Fisheries.


               MANAGEMENT MEASURE COMPLIANCE:

               Within Tidewater Virginia, the Chesapeake Bay Local Assistance Department (CBLAD)
               program provides state enforceable policies that meet the management measure. The
               requirements identified in this measure parallel the performance criteria established by
               CBLAD for local programs. For the proposed management area outside of Tidewater,
               the CBLAD requirements are optional.

               The Erosion and Sediment Control Regulations address portions of criteria 2 and 3 of


               September 1996                                                                          5-59-








                                             State Program Review for Urban Management Measures


             Applicable State Programs

             Chesapeake Bay Local Assistance Department

                     Chesapeake Bay Preservation Act (CBPA)
                     (Sec. 10.1-200 through 2115 of the Code of Virginia)
                     Chesapeake Bay Preservation Area Designation and Management Regulations
                     (VR 173-02-01)

                     The Chesapeake Bay Preservation Area Designation and Management
                     Regulations reduce the disturbance threshold for regulated land-disturbing
                     activities from 10,000 square feet to 2500 square feet in CBPAs (ï¿½ 4.2.6). This
                     performance criterion further extends the erosion and sediment control
                     requirements to the construction of septic tanks and drainfields.

                     Section 4.2.4 of the regulations requires that development involving land
                     disturbances exceeding 2500 square feet go through a site plan review proces8
                     consistent with ï¿½ 15.1-491 (h) of the Code of Virginia.

                     Section 4.2.11 of the regulations requires that evidence of all applicable wetlands
                     permits be provided prior to the authorization of grading or other onsite activities.

                     These requirements are mandatory in Chesapeake Bay Preservation Areas in
                     Tidewater Virginia. Localities outside of Tidewater may adopt the criteria.


             Department of Conservation and Recreation

                     Erosion and Sediment Control Law (Sec. 10. 1-560, et seq. of the Code of
                     Virginia)             1.
                     Virginia Erosion and Sediment Control Regulations (VR 625-02-00)

                     Section 10.1-561 of the Erosion and Sediment Control Law directed the Soil and
                     Water Conservation Board to develop a program and promulgate regulations for
                     the effective control of soil erosion, sediment deposition and nonagricultural runoff
                     which must be met in any control program to prevent the unreasonable
                     degradation of properties, stream channels, waters and other natural resources.

                     Section 10. 1-563 of the law states that no person may engage in a land-disturbing
                     activity until an erosion and sediment control plan is submitted to the plan-
                     approving authority for review and approval. The plan-approving authority shall


             September 1995









                                                 State Program Review for Urban Management Measures


                        review the plan and grant written approval,if it determines that the plan meets the
                        state requirements and the person certifies that the conservation measures will
                        be properly per-formed and conform to the provisions of the law.

                        Section 10.1-565 of the law states that agencies authorized to issue grading,
                        building, or other permits for activities involving land-disturbing activities may not
                        issue any such permit unless the applicait submits with the application an
                        approved erosion and sediment control plan and a certification that the'pl'an will
                        be followed.


                        The Virginia Erosion and Sediment Control Regulations (VR 625-02-00) establish
                        19 minimum standards that must be included in local erosion and sediment
                        control programs. These minimurn standards specify requirements for. temporary
                        and final stabilization, sediment trapping devices, surface runoff, outlet protection,
                        work in watercourses, construction accesses, and increases in post-development
                        runoff velocities, volumes and peak flow rates. Maintenance and inspection
                        requirements are identified in ï¿½ 1.7 of the regulations.

                        This requirement is mandatory statewide.          In Tidewater Virginia, the land
                        disturbirig threshold is 2500 square feet. The minimum threshold outside of
                        Tidewater is 10,000 square feet, though localities may choose to reduce the
                        threshold.



                Virginia Department of Transportation Policies

                        In accordance with ï¿½ 10.1-564.A of the Code of Virginia, VDOT submits annual
                        standards and specifications for erosion anc sediment control to the Department
                        of Conservation and Recreation for review and approval. These documents
                        establish the procedures VDOT will use on its transportation projects to comply
                        with the state laws and regulations.

                        Section 107.14.(b)l of the Virginia Departmentof Transportation RoadandBridge
                        Specifications, January 1991 states that :he contractor shall exercise every
                        reasonable precaution, including temporary and permanent measures, throughout
                        the duration of the project to control erosion and prevent or minimize siltation of
                        rivers, streams, lakes and impoundments. Section 303.03 of the specifications
                        establishes erosion and siltation control raquirements.        Erosion and siltation
                        control devices and measures must be maintained in a functional condition at all
                        times. Measures must be inspected after each rainfall and deficiencies corrected
                        immediately.


                September 1995                                                                          5-59









                                            State Program Review for Urban                    Measures



              MANAGEMENT MEASURE COMPLIANCE:


              The Erosion and Sediment Control Law and Regulations requ           ire the preparation,
              submission and implementation of an erosion and sediment control plan and establish
              minimum technical requirements for the control of erosion and sediment transport.
              These requirements are applicable statewide and meet the management measure.

              In Tidewater Virginia, the Chesapeake Bay Preservation Area            Designation and
              Management Regulations reduce the threshold for compliance with the state erosion and
              sediment control regulations from 10,000 square feet to 2500 square feet. This, criterion
              exceeds the requirement of the management measure. For the proposed management
              area outside of Tidewater, the threshold is 10,000 square feet.

              The intent of this measure is satisfied because a more strict requirement is imposed for
              construction sites in close proximity to coastal waters (i.e., Tidewater).


              ROADS, HIGHWAYS, AND BRIDGES

              D. Management Measure for Construction Site Chemical Control

                     (1)    Limit the application, generation, and migration of toxic substances;

                     (2)    Ensure the proper storage and disposal of toxic materials; and

                     (3)    Apply nutrients at rates necessary to establish and maintain
                            vegetation without causing significant nutrient runoff to surface
                            water.


              Applicability: "This management measure is intended to be applied by States to new, resurfaced, restored,
              and rehabilitated road, highway. and bridge construction projects in order to reduce toxic and nutrient
              loadings from such project sites."


              Applicable State Programs

              Chesapeake Bay Local Assistance Department

                     Chesapeake Bay Preservation Act (CBPA)
                     (Sec. 10.1-200 through 2115 of the Code of Vi  rginia)
                     Chesapeake Bay Preservation Area Designation and Management Regulations

              September 1995                                                                      5-60









                                               State Program Review for Urban Management Measures


                       (VR 173-02-01)

                       The Chesapeake Bay Preservation Act (ï¿½ 111-2100, et seq., Code of Virginia)
                       requires localities within Tidewater Virginia to adopt local programs to protect the
                       quality of state waters. In order to achieve this goal, localities mu'st designate
                       certain land types and features as Chesapeake Bay Preservation Areas. The
                       designation of Resource Protection Areas (RF'As) increases the distance between
                       pollutant generating activities and coastal surface waters.

                       RPAs are sensitive lands at or near the shoreline that have      an intrinsic water
                       ,quality value due to the ecological and biological processes they perform or are
                       sensitive to impacts which may cause significant degradation to the quality of
                       state waters. The RPAs include tidal shores, tidal wetlands, nonticlal wetlands
                       contiguous to tidal wetlands, other lands deerred to be significant in thd-protection
                       of state waters, and a 100-foot buffer landward of these features, as well as along
                       tributary streams. Development in the RPA is limited to water dependent facilities
                       or the redevelopment of existing facilities, provided these activities adhere to the
                       performance criteria specified in ï¿½ï¿½ 4.3.1 and 2 of the Chesapeake Bay
                       Preservation Area Designation and Management Regulations. All non-water-
                       dependent components of the development niust be located outside the RPA.

                       Section 4.2.6 of the regulations requires that land disturbing activities exceeding
                       2500 square feet comply with the requirement:3 of the local erosion and sediment
                       control ordinance.



              Department of Conservation and Recreation

                       Erosion and Sediment Control Law (Sec.. 10. 1-560, et seq. of the Code of
                       Virginia)
                       Virginia Erosion and Sediment Control Regulations (VR 625-02-00)

                       Chapter 3 of the Virginia Erosion and Sediment Control Handbook, Third Edition,
                       1992 establi'shes standards and specifications for erosion and sediment control
                       practices. Nutrient management planning corisiderations and specifications for
                       grasses and other vegetative practices are included. Although the handbook is
                       not a regulatory document, localities have referenced the handbook in their
                       erosion and sediment control ordinances.






              September 1995                                                                          5-61









                                                State Program Review for Urban Managem          ent Measures


                Department of Environmental Quality

                       Oil Discharge Contingency Plan
                       (Section 62.1-44.34:15, et seq. of the Code of Virginia)

                       Section 62.1-44.34:15 of the Code of Virginia requires that all operators of oil
                       storage facilities must have an oil discharge contingency plan approved by the
                       State Water Control Board. These requirements are applicable to facilities that
                       have an aggregate above ground storage or handling capacity greater than or
                       equal to 25,000 gallons. This includes fuel oil, gasoline, diesel, kerosene,
                       gasohol, lube oil, waste oil, asphalt, cutbacks, emulsions, oil mixed with other
                       wastes, crude oil, petroleum by-products, and liquid hydrocarbons regardless of
                       specific gravity.

                       The plan requirements are specified in the Oil Discharge Contingency Plans and
                       Administrative Fees for Approval regulations (VR 680-14-07) adopted by the State
                       Water Control Board. The contingency plan must plan for the worst case oil spill;
                       identify natural resources and municipal services at risk, priorities for protection
                       and means of protection; notification procedures; and evidence that private
                       cleanup or contractor resources are available (ï¿½ 5.A).

                       Oil discharge con   tingency plans must be reviewed, updated if necessary and
                       resubmitted to-the State Water Control Board every five years unless significant
                       changes occur sooner.

                       The State Water Control Board is authorized to issue special orders to require any
                       person to cease and desist from causing or permitting a violation or-to comply
                       with the provisions of the law, regulations and conditions of approval.
                       Enforcement options specified in the law include criminal penalties and civil
                       penalties (ï¿½ 62.1-44.34:20, Code of Virginia).


                       Solid Waste Management Regulations
                       (Sec. 62.1-194, et seq. of the Code of Virginia) (VR 762-20-10)

                       The Solid Waste Management Regulations Program is administered by the
                       Department of Environmental Quality.

                       Section 10.1-1408.1.A of the Virginia Waste Management Act (ï¿½ 10.1-1400, et
                       seq. of the Code of Virginia) states that no person shall operate any sanitary
                       landfill or other facility for the disposal, treatment or storage of nonhazardous solid


               September 1995                                                                            5-62









                                              State Program Reviev for Urban Management Measures


                      waste without a permit from the Director of the Waste Division, Department of
                      Environmental Quality.

                      The law further states that: (1) no person shall dispose of   solid waste in open
                      dumps (ï¿½ 10.1-1408   'I.G, Code of Virginia); t:2) no person shall own, operate, or
                      allow to be operated on his property an open dump (ï¿½ 10.1-1408.1.H, Code of
                      Virginia); and (3) no person shall allow waste to be disposed of on his property
                      without a permit (ï¿½ 10.1-1408.1.1, Code of Orginia).

                      Construction and demolition waste (lumber, wire, sheetrock,         broken brick,
                      shingles, glass, pipes, concrete, paving materials and metal and    plastics if the
                      metal and plastics are part of the materials :)f construction or empty containers
                      for such materials); debris waste (stumps, wood, brush,'leaves, soil, and road
                      spoils from land clearing operations); and inert waste (rubble, concr&-te, broken'
                      bricks, bricks, and blocks) may be disposed cf in a construction/demolition debris
                      landfill, a sanitary landfill, or an. industrial wa:ite landfill.

                      Refuse and scrap metal may be disposed of in a sanitary landfill. Solid wastes
                      which are defined as hazardous wastes by the Virginia Hazardous Waste
                      Management Regulations (VR 672-10-1) must be managed in accordance with
                      those regulations. Persons who generate le,,:;s than. 100 kilograms of hazardous
                      waste per month are conditionally exempt pursuant to ï¿½ 3.2 of the Virginia
                      Hazardous Wa   'ste Management Regulations. These hazardous wastes may be
                      managed in solid waste management facilities in accordance with ï¿½ 2.10.2 of the
                      Solid Waste Management Regulations.

                                                                    @sign, construction, operation, and
                      Part V of the regulations specifies siting, de
                      closure requirements for sanitary landfills (5 5.1), CDD landfills (ï¿½ 5.2) and
                      industrial waste landfills (ï¿½ 5.3).

                      The Virginia Waste Management Board is al-ithorized to issue orders to require
                      any person to comply with the provisions of the law, regulations and conditions
                      of a permit or certification. Enforcement options specified in the law include
                      criminal penalties, civil penalties, and civil charges (ï¿½ 10.1-1455 of the Code of
                      Virginia).

                      These requirements are mandatory statewide.


                      State Water Control Law (Sec. 62.1-44.2, et seq. of the Code of Virginia)



              September 1995                                                                       5-63









                                              State Program Review for Urban Management Measures


                             harmful dusts, etc. shall be equipped with covers. Garbage arid other
                             waste shall be disposed of at frequent and regular intervals.

                      The Construction Industry Standard for Sanitation, 1926.51, (VR 425-02-72)
                      requires that toilet facilities be provided.

                      Fire Protection and Prevention, Construction Industry, 19.216.150 through
                      1926.159, (VR 425-02-114) include the following requirements:

                             (1) Flammable liquids shall be kept in closed containers when not actually
                             in use. Leakage or spillage of flammable or combustible liqUidS shall be
                             disposed of promptly and safely.

                             (2) In service and refueling areas, flammable or combustible liquids shall
                             be stored in approved closed containers, in tanks located undergrOLind, or
                             in aboveground portable tanks.         Underground tanks shall not be
                             abandoned.


                      The Construction Standards are mandatory statewide and are enforced by the
                      Virginia Occupational Safety and Health Program within the Virginia Department
                      of Labor and Industry. The Commissioner of the Department of Labor and
                      Industry may issue citations and propose fines.


               Virginia Department of Agriculture and Consumer Services

                      Virginia Pesticide Control Act (Sec. 3.1-249.27, et seq. of the Code of Virginia)
                      (VR 115-04-23)

                      The Virginia Pesticide.Control Act (ï¿½ 3.1-249.27, et seq., Code of Virginia) and the
                      regulations promulgated under its authority have the effect of implementing in
                      Virginia the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) as well
                      as providing to the Virginia Pesticide Control Board (Board) additional powers
                      relating to regulating pesticide use. Under the authority of the Act and FIFRA, the
                      Board has promulgated regulations establishing certain mandatory programs,
                      including Pesticide Applicator Certification and Pesticide Business Licensing, as
                      well as establishing voluntary programs, such as the Pesticide Disposal Program
                      and the Pesticide Container Recycling Program. Under the authority of FIFRA
                      and in agreement with EPA, the Board's staff will develop pesticide management
                      plans for groundwater. Collectively, these programs regulate who and how
                      pesticides will be used in the state by enforcing the federal label requirements and


              September 1995                                                                         5-65









                                                  State Program Review for Urban Management Measures


                       requiring training and licensing of individuals and businesses that apply
                       pesticides.

                       In addition to implementing FIFRA, the Board has the power to ban or restrict the
                       use'of a pesticide based on its potential to harm the environment (ï¿½ 3.1-249.31,
                       Code of Virginia). - A comparison of the general powers of the federal and Virginia
                       law to restrict or ban the use of a pesticide based on its potential to cause
                       environmental harm suggests that the Act gives the Board broader powers than
                       those granted to EPA under FIFRA.

                       Section 3.1-249.52 of the Virginia Pesticide Control Act requires that commercial
                       applicators be certified in accordance with tte Regulations Governing Pe            ,sticide
                       Applicator Certification Under Authority of Virginia Pesticide Control Act, VIR 115-
                       04-23 adopted by the Board. Certifications riust be renewed biennially.

                       Pesticide labels provide the legal framework for the use of the product. Under
                       federal and Virginia law no product may be used in a manner inconsistent with its
                       label's requirements. It is unlawful to dispose of containers or unused portions
                       of pesticide in a rhanner inconsistent with label directions or Board regulations (ï¿½
                       3.1-249.64, Code of Virginia). Labels contain information on application rates,
                       timing of application, and other environmental concerns and can sometimes
                       address calibration requirements.

                       Certain Virginia regulations require that application equipment be in good working
                       order and properly calibrated. Furthermore, tiese regulations require the use of
                       backflow preventers to protect water supply -systems, lakes, other sources of
                       water or other materials. Violation of theSE@ regulations triggers enforcement
                       under the authority of the Act.

                       Violations of the Viroinia Pesticide Control Act can result in revocation or
                       suspension of licenses and or assessment of penalties.                   Enforcement is
                       administered through 10 regional offices with investigation staffs. Unannounced,
                       random field inspections of applications are Wilized.


              Virginia Department of Transportation

                       The Road and Bridge Specifications developed by the Virginia Department of
                       Transportation are standard for all contracts awarded by the Commonwealth
                       Transportation Board..



              September 1995                                                                                5-66









                                               State Program Review for Urban Managomont Measures


                      Section 244.02(a) of the Virginia Department of Transportation Road and Bridge
                      Specifications, January 1991 requires herbicides to be registered with the Virginia
                      Department of Agriculture and Consumer Services in accordance with the Virginia
                      Pesticide Law. Section 607.03 of the specifications requires that herbicides be
                      applied in accordance with the manufacturer's recommend ations. The Virginia
                      Department of Transportation (VDOT) has established a pesticide certification and
                      training program that requires all employees and/or representatives to be certified
                      commercial applicators to apply pesticides.

                      S-ection 244.02(d) of the specifications requires that fertilizers conform to
                      applicable state and federal regulations.

                      Section 107.14.(b)l of the specifications states that the contractor sh'all exercise
                      every precaution throughout the duration of the project to prevent the pollution of
                      rivers, streams, and impoundments.          Pollutants such as chemicals, fuels,
                      lubricants, bitumens, raw sewage, paints, sedimentation and other harmful
                      material shall not be discharged into or alongside rivers, streams, or
                      impoundments or into channels leading to them.

                      VDOT has developed a program with the Department of Environmental Quality -
                      Water Division to train VDOT employees on remediatibn of leaking underground
                      storage tanks.

                      Section 104.06 of the specifications requires the contractor to remove rubbish,
                      scrap metal, and debris continually throughout the course of the work. VDOT has
                      developed an agreement with the Department of Environmental Quality, Waste
                      Division'which identifies the appropriate disposal of construction debris.



               MANAGEMENT MEASURE: COMPLIANCE:


               The Pesticide Control Act and attendant regulations establish requirements for the
               application and disposal of pesticides. Commercial applicators. must be ceilified by the
               Virginia Pesticide Control Board and the Board has the authority to ban or restrict the
               use of certain pesticides. For pesticides, these requirements meet the management
               measure.


               The requirements for the disposal, storage and treatment of construction debris, refuse
               and scrap metal are established in the Waste Management Act and the Solid Waste
               Management Regulations. Landfills must comply with the siting, design, construction,
               operation, and closure requirements established in the regulations. For construction


               September 1995                                                                        5-67









                                            State Program Review for Urban Management Measures


              debris and refuse, these requirements meet the management measure.

              The Virginia Occupational Safety and Health Prcgram requirements         were primarily
              established for worker safety.    However, the prcvisions cited above also result in
              protection to natural resources.     'Combined wilh the Solid Waste Management
              Regulations, they provide state enforceable policies for the proper storage and disposal
              of construction materials and waste.


              Oil discharges are addressed under the State Water Control Law and the Oil Discharge
              Contingency Plan requirements. These requirements meet the management measure.

              Resource Protection Area. designation increases the distance between pollutant
              generating activities and coastal surface waters. This Chesapeake Bay Local Assistance
              Department requirement is mandatory within Tidewater and provides partial ompliance
              with the management measure.         For the propo,,ied management area outside of
              Tidewater, the CBLAD requirement is optional.

              The Erosion and Sediment Control Program handbook addresses the application of
              nutrients. These specifications are applicable statewide and provide partial compliance
              with the management measure.

              The requirements established by the Virginia Department of Transportation for state
              transportation projects provides partial compliance with the management measure.


              ROADS, HIGHWAYS, AND BRIDGES

              E. Management Measure for Operation and Mairiteriance

                    Incorporate polluti on, prevention procedures into the operation and
                    maintenance of roads, highways, and bridges to reduce pollutant loadings
                    to surface waters.


              ApplicabilitV: "This management measure is intended to be applied by States to existing, restored, and
              rehabilitated roads, highways, and bridges."









              September 1995                                                                     5-98









                                            State Program Review for Urban Management Measures


             Applicable State Programs

             Chesapeake Say Local Assistance Department

                    Chesapeake Bay Preservation Act (CBPA)
                    (Sec. 10.1-200 through 2115 of the Code of Virginia)
                    Chesapeake Bay Preservation Area Designation and Management Regulations
                    (VR 173-02-01)

                    Section 4.2.3 of the Chesapeake Bay Preservation Area Designation and
                    Management Regulations requires that where best management practices are
                    constructed, regular or periodic maintenance be performed to ensure proper
                    function. Such maintenance shall be ensured by the local government through
                    a maintenance agreement with the owner or developer.


             Department of Conservation and Recreation

                    Erosion and   Sediment Control Law (Sec. 10.1-560, et seq. of the Code of
                    Virginia)
                    Virginia Erosion and Sediment Control Regulations (VR 625-02-00)

                    Section 1.5.19. of the Erosion and Sediment Control Regulations require approval
                    from the locality of a maintenance plan for a stormwater detention facility.

                    Section 1.7 of the regulations require erosion and sediment control facilities to be
                    maintained, inspected and repaired as needed to ensure continued performance
                    of their function. A maintenance plan must be included in the erosion and
                    sediment control plan. Periodic inspections are required on all projects.

                    The Erosion and Sediment Control Handbook provides nutrient management
                    planning considerations and specifications for vegetative practices. Localities
                    have referenced the handbook in their ordinances.



                    Virginia Stormwater Management Regulations (VR 215-02-00)

                    Section 3.9 of the Stormwater Management Regulations specifies minimum
                    maintenance and inspection requirements for localities choosing to adopt a
                    stormwater management program. State agency maintenance requirements are
                    included in Section 4.2 of the regulations.


             September 995                                                                      5-69









                                             S tate Program Review for Urban Management Measures


              MANAGEMENT MEASURE COMPLIANCE:
              The maintenance requirements established by the C@hesapeake 6ay Local Assistance
              Department program and the Department of Conservation and Recreation stormwater
              management and erosion and sediment control programs'provide partial compliance with
              the management measure.

              The Erosion and Sediment Control Program handbook addresses the application of
              nutrients. These specifications are applicable statewide and provide partial compliance
              with the management measure.

              The requirements established by     the Virginia Department of Transportation for state
              transportation projects provides partial compliance with the management measure.


              ROADS, HIGHWAYS, AND BRIDGES

              F. Management Measure for Road, Highway, and Bridge Run             off Systems

                     Develop and implement runoff management systems for existing roads,
                     highways, and bridges to reduce runoff pollutant concentrations and
                     volumes entering surface waters.

                     (1)    Identify priority and watershed pollutant reduction opportunities
                            (e.g., improvements to existing urban runoff control structures); and

                     (2)    Establish schedules for implementing appropriate controls.

              Applicability: "This management measure is intended to be z,pplied by States to existing, resurfaced,
              restored, and rehabilitated roads,, highways, and bridges that. contribute to adverse effects in surface
              waters."



              Applicable State Programs

              Department of Conservation and Recreation

                     Virginia Stormwater Management Regulations (VR 215-02-00)

                     Section 3.3 of the Virginia Stormwater ManagMent Regulations (VR 215-02-00)
                     encourage localities to develop watershed management plans. In addition to


              September 1995                                                                       5-71









                                             State Program Review for Urban Management Measures



              Virginia Department of Transportation

                     The Road and Bridge Specifications developed by the Virginia Department of
                     Transportation are standard for all contracts awarded by the Commonwealth
                     Transportation Board.

                     Section 244.02(a) of the Virginia Department of Transportation Road andBridge
                     Specifications, January 1991 requires herbicides to be registered with the Virginia
                     Department of Agriculture and Consumer Services in accordance with the Virginia
                     Pesticide Law. Section 607.03 of the specifications requires that herbicides be
                     applied in accordance with the manufacturer's recommendations. The Virginia
                     Department of Transportation (VDOT) has established a pesticide certification and
                     training program that requires all employees and/or representatives to be certified
                     commercial applicators to apply pesticides. '

                     Section 244.02(d) of the specifications requires that fertilizers conform to
                     applicable state and federal regulations.

                     When applying protective coatings to metal in structures, ï¿½ 411.07 of the
                     specifications requires the contractor to protect the environment, workers and
                     public from spent material resulting from removal operations, the removed
                     coating, blast abrasive, rust, and overspray. Prior to removal operations, the
                     contractor must submit to the Engineer a detailed environmental control system
                     plan for capture, containment, and collection of disposable material generated by
                     the work. This plan must comply with the requirements of the'specifications and
                     the regulations established by the EPA, Virginia Department of Environmental
                     Quality,. Virginia Department of Labor and Industry, and the U. S. Coast Guard.

                     VDOT's Adopt-a-Highway program has been developed with in cooperation with
                     the Department of Environmental Quality and Keep Virginia Beautiful, Inc. to
                     encourage Virginia's citizens to take an active role in keeping their state's roads
                     free of trash.


                     VDOT has developed operation and maintenance policies in its              Roadside
                     Development Manual and the Maintenance Division Manual. VDOT has specially
                     equipped salt application trucks and covers salt storage areas, CMA is used on
                     the 1-295 James River Crossing.






              Sepiember 1995                                                                        5-70









                                         State Program Review for Urban Management Measures


                    mitigating the impacts of new development, watershed planning provides an
                    opportunity to remediate flooding or water quality problems caused by
                    uncontrolled existing development.

                    The stormwater management regulations are optional for localities.



             MANAGEMENT MEASURE COMPLIANCE:


             The Virginia Stormwater Management Regulations provide partial compliance with this
             management measure and the-majority of the sustems covered by this measure are
             subject VPDES requirements. The remaining -amas are not generally considered
             signinficant.


































             Septem ber 1995                                                               5-72









                                               State Program Review for Urban Management Measures


               URGANAREAS


               Urban Runoff
               -A. New Development                                Meets

               B. Watershed Protection                    Meets


               C. Site Development                        Meets



               Construction Activities


               A. Construction Site E & S Control         Meets


               B. Construction Site Chemical Control      Meets



               Existing Development

               A. Existing Development                    Meets


               Onsite.Disposal Systems

               A. New Onsite Disposal Systems             Partially Meets

               B. Operating Onsite Disposal Systems       Meets



               Pollution Prevention


               A. Pollution Prevention                    Meets



               Roads, Highways, Bridges

               A. Planning, Siting, and Developing
                  Roads and Highways                      Meets

               B. Bridges                                 Meets

               C. Construction Projects                   Meets




               Seplember 1995                                                                          5-73









                                          State Program Review for Urban Management Measures


             URBAN AREAS


             Roads, Highways, Bridges
             D. Construction Site Chemical Control  Meets


             E. Operation and Maintenance           Meets

             F. Runoff Systems                      Meets









































            September 1995                                                                  3:74





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
















                                                                           Management measures
                                                   for marina.and boat operations












                                                     CHAPTER 6




                           Management Measures for Marina and
                                               Boat Operations


              The great majority of Virginia's recreational and commercial boating occurs within the
              Chesapeake Bay and its tributaries. Marina and boat operations are also located along
              the Atlantic coast and on Virginia's inland lakes. Because nearly all of the existing marina
              and boat operations in Virginia occur within the Coastal Zone, this assessment only
              considers how well existing state programs meet the requirements of Section 6217
              guidance within the Coastal Zone, Any marinas and boat operations which may exist
              outside of the Coastal Zone are in frequent and limited in extent, and unlikely to produce
              significant impacts on coastal waters, individually or collectively. Further, these activities
              are not expected to become a significant source of pollution outside of the Coastal Zone
              in the future.


              A 1990 Virginia Department of Health (VDH) survey has identified 773 facilities which can
              be classified as either marinas or boat moorings. Marina and boat operations are
              responsible for *a relatively small percentage of the total pollutant load affecting Virginia's
              coastal waters; however, marina and boat activities can contribute significantly to local
              pollution problems.

              Marinas and boat operations are sources of a variety of pollutants that can degrade water
              quality including, sewage, petroleum products, boat paint, and litter and other debris. The
              most serious pollution problem is created by the improper handling of human waste at
              marinas and the discharge of such waste from vessels. Water q     uality problems associated
              with human waste include excessive nitrification which can lead to the depletion of
              dissolved oxygen, and health hazards posed by the presence of pathogenic
              microorganisms. Some types of marine sanitary systems utilize toxic chemical additives
              which also degrade water quality.

              Several existing state agencies address pollution problems associated with marina and


              September 1995                                                                               6-1









                        State Program Review for Marina and Boa @ Operation Management Measures

              boat operations. The Virginia Department of Health (VDH) regulates sanitation at marinas
              and boat moorings and provides fish consumption advisories and bans. The Virginia
              Marine Resources Commission (VMRC) administem criteria for the siting and design of
              marinas and boat moorings, guidelines to protect subaqueous lands, and has developed
              BMPs for shoreline development.. In addition, the Department of Environmental Quality
              (DEQ) administers the Virginia Water Protection Permit Regulations which require a permit
              for marina facilities.


              Although permits are processed and issued separati,-Iy, state and federal agencies, and
              local wetlands boards use a joint permitting application to help coordinate permit review.
              In addition, permit applications are reviewed by var.ous state and federal agencies. In
              particular, the Virginia Institute of Marine Science (VIMS) provides additional advisory
              assistance and environmental impact review for VMRC and local wetland board permits.


              Work*Group Assessment Process

              Since May, 1993, the Marina and Boat Operation Work Group has been comparing
              existing state nonpoint source pollution control of the Commonwealth of Virginia with the
              Management Measures and program requirements included in Coastal Zone Act
              Reauthorization Amendments guidance documents issued by Environmental Protection
              Agency and National Oceanic and Atmospheric Administration. The Marina and Boat
              Operation Work Group includes representatives from the Department of Conservation and
              Recreation (DCR), Chesapeake Bay Local Assista=,@ Department (CBLAD), Department
              of Environmental Quality (DEQ), Department of Game and Inland Fisheries (DGIF),
              Department of Health (VDH), Virginia Institute of Marine Science (VIMS), Virginia Marine
              Resources Commission (VMRC), and the Virginia A.,;sociation of Marine Industries.

              This assessment of state nonpoint source pollution control and marina siting programs,
              was produced using information collected through work group meetings, interviews with
              state agency staff, and work sheets completed for applicable programs. The matrix on the
              following page summarizes marina and boat operation management measures and
              applicable state programs. As well, it summarizes how well state programs, taken as a
              package, address each management measure. This chapter details the specific
              requirements of each management measure and describes applicable state programs.
              The descriptions focus on aspects of these programs that apply to the specified Matrix
              management measures. For each management mea!iure the Marina and Boat Operation
              Work Group has evaluated how well state programs comply with the federal guidance
              based on: (1) specific management measure requirements or performance standards, and
              (2) enforceable policies or mechanisms.


              September 1995                                                                           6-@






                                                   Marina and Boat Operation Management Measures

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                             Virginia Marine Resources           x      x       x      x      x       x      x      x
                                    Commission
                              Water Protection Permit            x      x       x      x      x       x      x      x             x       x      x
                                     Regulation
                             Chesapeake Bay Protection                          x      x      x
                    V)                   Act
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                                  and Enforcement                                                                                                                     x
                             Marina and Boat Moorings
                    0           Sanitary Regulations                                                         x                                                 x
                             Solid Waste Mangagement                                                                x      x      x
                                     Regulations
                               Boater Safety Program                                                                                                   x
                   U)        Marina Education Program                                                                                                  x
                             Shoreline Erosion Advisory                                x
                                       Service
                           Erosion and Sediment Control                                x      x
                                      Program                        I
                             Shellfish Sanitation Program               x       x
                                  Oil Splits Statute                                                  x                           x       x
                             Oil Discharge Contingency                                                                            x       x
                                        Plans
                           Office of Litter Prevention and                                                                        x
                                      Recycling

                                                                                                                                                         September 1995









                         State Program Review for Marina and Boat Operation Management Measures


              PROGRAM ASSESSMENT BY MANAGEMENT MEASURE

              Each of the specified management measures for hydromodification is identified              and
              discussed in the section which follows. The management measures are presented as they
              appear in the program guidance issued by EPA and NOAX Within the Marina and Boat
              Operations source category, there are subcategorie:5 for Siting and Design, and Marina
              and Boat Operation and Maintenance. For each management measure the applicable
              program descriptions are listed alphabetically and grouped together by the agency which
              administers them. In the compliance section which follows these descriptions, more
              consideration has been given to the relative importancA@., of each of the individual programs.

              This chapter identifies the requirements of each mariagement measure         provides a brief
              program description of applicable state programs, and a discussion of how well these
              programs comply with the requirements of each management measure.                     Program
              descriptions are not comprehensive; rather, they focus on aspects of state programs
              applicable to the specified management measures.               The management measure
              compliance discussion describes coordination* betwean state programs and summarizes.
              how well state programs meet management measure requirements.

              SITING AND DESIGN

              A.     MARINA FLUSHING MANAGEMENT MEASURE

                     Site and design madhas such that tides andlor currents will aid in flushing of
                     the site or renew its water regularly.

              Applicabilb: This measure applies only to new and expanding marina facilifies.



              Applicable State Programs

              Department of Environmental Quality

                     Virginia Water Protection Permit Regulation (VR 680-15-02)

                     The Department of Environmental Quality's Virginia Water Protection Program is
                     responsible for the administration of water quality programs delegated to Virginia
                     under the Clean Water Act and as required by the State Water Control Law. The
                     Virginia Water Protection Permit program soleks to ensure the protection of
                     beneficial use of state waters including nontidal wetlands, prevent the degradation

              September 1995                                                                              6-4








                       State Program Review for Marina and Boat Operation Management Measures

                     of valuable water resources, and to help restore degraded waters. The Department
                     issues permits for all activities which may result in the physical, biological, or
                     chemical alteration of state waters.

                     The Virginia Water, Protection Permit Regulation requires that a permit be issued
                     for marina facilities. This Permit requires appropriate water quality monitoring for
                     dissolved oxygen, temperature, and pH for both surface and bottom waters.
                     Marinas are reviewed on a case by case basis with appropriate restrictions and
                     monitoring included in the permit.


             Virginia Marine Resources Commission

                     Submerged Lands and Tidal Wetlands Permit Program and the Local Wetlands
                     Board Permit Program
                     (Sections 28.2-1200 through 28.2-1300 of the Code of Virginia)

                     The Virginia Marine Resources Commission (VMRC) administers the Submerged
                     Lands and Tidal Wetlands Permit Programs and is charged with the review of all
                     tidal wetland permit decisions of local wetlands boards. The Tidal Wetlands Permit
                     Program applies throughout Tidewater, Virginia. The Submerged Lands Permit
                     Program applies State-wide to all State-owned submerged lands. New marinas and
                     commercial mooring facilities constructed over State-owned submerged lands or
                     which require a connection to State-owned submerged land require a permit from
                     VMRC.


                     Permits are issued through Joint Permit Review process involving local, state, and
                     federal agencies. Permits are reviewed based on compliance with statutory
                     requirements, Commission guidelines and Marina Siting Criteria, as well as
                     advisory assistance provided by cooperating state and federal agencies. This
                     review may include 6omments from the Department of Environmental Quality,
                     Department of Conservation and Recreation, Department of Health, Department of
                     Game and Inland Fisheries and environmental impact information included in the
                     VIMS Shoreline Permit Application report prepared for each project.

                     VMRC's Criteria for the Siting of Marinas or Community Facilities for Boat Moorings
                     (VR 450-01-0047) require that flushing be considered at all sites proposed for
                     marina development. The Marina Siting Criteria may require an analysis or model
                     of flushing rates.




             September 1995                                                                            6-5









                        State Program Review for Marina and Boat Operation Management Measures




              MANAGEMENT MEASURE COMPLIANCE

              All proposed marinas and/or boat moorings must submit a joint permit application for
              review by the appropriate federal, state, and local authorities. Marina and boat moorings
              typically require a Virginia Water Protection Permit frorn the Department of Environmental
              Quality and a Submerged Lands andTidal Wetlands Permits from the Virginia Marine
              Resources Commission. To protect state waters the Virginia Water Protection Permit
              requires appropriate water quality monitoring for dissolved oxygen, temperature, and pH
              for both surface and bottom waters. Virginia Marine Resource Commission marina siting
              criteria specifically address the need for adequate flushing to maintain water quality.
              These permits fully address the water quality objecdves of this management measure
              throughout the coastal zone

              .SITING AND DESIGN


              B.    WATER QUALITY ASSESSMENT MANAGEMENT MEASURE

                    Assess water quality as part of madna siting al7d design.

              AmAcability: This measure applies only to new and expanding marina facilities.



              Applicable State Programs


              Department of Environmental Quality

                    Virginia Water Protection Permit Regulation (VR 680-15-02)

                    The Department of Environmental Quality's Virginia Water Protection Program is
                    responsible for the administration of water quality programs delegated to Virginia
                    under the Clean Water Act and as required by the State Water Control Law (Code
                    of Virginia, 62,1-44.2 et seq.). The Virginia Water Protection Permit program seeks
                    to ensure the protection   *of beneficial use of state waters including nontidal
                    wetlands, prevent the degradation of valuable water resources, and to help restore
                    degraded waters. The Department issues permits for all activities which may result
                    in the physical, biological, or chemical alteration of state waters.

                    The Virginia Water Protection Permit Regulation requires a permit for marina
                    facilities. This permit requires water quality monitoring for dissolved oxygen,

              September 1995








                        State Program Review for Marina and Boat Operation Management Measures

                     temperature, and pH for both surface and bottom waters. Marinas undergo
                     individual review, and appropriate restrictions and monitoring are included as part
                     of the permit process. Permit regulations require monitoring for pathogen indicators
                     and post-construction water quality modeling.


              Virginia Marine Resources Commission

                     Submerged Lands and Tidal Wetlands Permit Program and the Local Wetlands
                     Board Permit Program
                     (Sec. 28.2-1200 through 28.2-1300 of the Code of Virginia)

                     The Virginia Marine Resources Commission (VMRC) administers the Submerged
                     Lands and Tidal Wetlands Permit Programs and is charged with the review of all
                     tidal wetland permit decisions of local wetlands boards. The Tidal Wetlands Permit
                     Program applies throughout Tidewater, Virginia. The Submerged Lands Permit
                     Program applies State-wide to all State-owned submerged lands. New marinas and
                     commercial mooring facilities constructed over State-owned submerged lands'or
                     which require a connection to State-owned submerged land require a permit from
                     VMRC.


                     Permits are issued through Joint Permit Review process involving local, state, and
                     federal agencies. Permits are reviewed based on compliance with statutory
                     requirements, Commission guidelines and Marina Siting Criteria as well as advisory
                     assistance provided by cooperating state and federal agencies. This includes
                     comments from the Department of Environmental             Quality, Department of
                     Conservation and Recreation, Department of Health, Department of Game and
                     Inland Fisheries and environmental impact information included in the VIMS
                     Shoreline Permit Application report prepared for each project.
                     Water quality impact's are assessed at all sites. In some cases water quality
                     analysis or models may be required.



              MANAGEMENT MEASURE COMPLIANCE


              The Virginia Water Protection Permit Regulation and the Submerged Lands and Tidal
              Wetlands Permit Programs fully implement this management measure throughout the
              coastal zone In fact, some aspects of the water quality assessment requirements of these
              regulations exceed the requirement of this management measure. Water quality review
              comments (which often include ambient water quality monitoring data and modeling

              September 1995                                                                           6-7









                         State Program Review for Marina and Boat Operation Management Measures

               information) from the Department of Environmental Quality, Water Division, the Health
               Department, and the Virginia Institute of Marine Scieni;e (VIMS) are considered by VMRC
               during permit review. The Virginia Water Protection Permit Regulation specifically
               requires that water quality be assessed as part of marina siting and design.



               SITING AND DESIGN


               C.     HABITA T ASSESSMENT MANAGEMENT MEASURE


                      Site and design matinas to protect against adverse effects on shellfish
                      resources, wetlands, submerged aquatic vegetation, or other important
                      riparian and aquatic habitat areas as designat9d by local, State, or Federal
                      governments.

               koplicabilfty, This measure applies only to new and expanding madna facilities where site changes may impact
               important habitat, such as, wetlands, shellfish beds, and submerged aquatic vegetation (SAV).


               Applicable State Programs

               Chesapeake Bay Local Assistance Department

                      Chesapeake Bay Preservation Act (CBPA)
                      (Sec. 10. 1 -2100 through 10. 1 -2115 of the Code of Virginia)
                      Chesapeake Bay Preservation Area Designation and Management Regulations
                      (VR 173-02-01)

                      The CBPA applies to local governments in the Chesapeake Bay drainage of the
                      Coastal Zone Managjament Area. The CBPA requires that local governments
                      designate sensitive bay resources and certain land features as Chesapeake Bay
                      Preservation Areas. These preservation areas are comprised of Resource
                      Management Areas (RMAs) and Resource Omtection Areas (RPAs).

                      Section 3.2.A of the Chesapeake Bay Preservation Area Designation and
                      Management Regulations (VR 173-02-01) states that RPAs shall consist of
                      If sensitive lands at or near the shoreline that have an intrinsic water quality value
                      due to the ecological and biological process9s they perform or are sensitive to
                      impacts that may cause significant degradalion to the quality of state waters."
                      RPAs include tidal wetlands, nontidal wetlancs contiguous to tidal wetlands, tidal
                      shores, other lands deemed to be significant in the protection of state waters, and

               September 1995                                                                           6-8








                        State Program Review for Marina and Boat Operation Management Measures

                     buffer areas not less than 100 feet in width adjacent to all tributary streams and the
                     previously mentioned land types and features. Development in RPAs is limited to
                     water dependent facilities or redevelopment of existing facilities provided that these
                     activities adhere to the performance standards described in program guidance.

                     Designation of Resource Management Areas are also required by the CBPA.
                     Section 3.3.A of the Regulations states that RMAs "shall include land types that, if
                     improperly used or developed, have the potential for causing significant water
                     quality degradation for diminishing the functional value of the Resource Protection
                     Area. "


                     RMAs typically include such land categories as floodplains, highly erodible soils
                     including steep slopes, highly permeable soils, nontidal wetlands not included in the
                     RPA, and other lands considered important to protect the quality of state waters.
                     Development in these areas must adhere to the performance criteria described in
                     ï¿½ 4.2.

                     The Regulations specify performance criteria (ï¿½ 4.3) which apply in the RPAs. A
                     water quality impact assessment which identifies the impacts of development on
                     water quality and lands in RPAs and determines the specific measures for
                     mitigation of those impacts is required for any proposed development within the
                     RPA. Marinas and boat docking facilities are permitted within RPAs as water-
                     dependent facilities. To locate within the RPA:

                            1) new or expanded water-dependent facilities must demonstrate that they
                            do not conflict with the local government's comprehensive plan;
                            2) all non-water-dependent facilities must be located outside of the RPA;

                            3) access will be provided with the minimum disturbance necessary; and,

                            4) the development must comply with eleven general performance criteria (ï¿½
                            4.2) that apply to the use, development, or redevelopment of land within
                            these areas.


                     Two of these performance criteria are intended to protect indigenous vegetation in
                     riparian areas. The first criterion (ï¿½ 4.2.1) relates to minimizing land disturbance
                     which would indirectly preserve indigenous vegetation on the site. The second
                     criterion (ï¿½ 4.2.2) relates specifically to preserving indigenous vegetation on the
                     site.



             September 1995                                                                              6-9









                          State Program Review for Marina and Boai Operation Management Measures

                      To minimize the adverse effects of human activilies on the components of the RPA,
                      state waters, and aquatic life, Section 4.3. B of the Regulations requires a 1 00-foot
                      buffer area of vegetation be retained if present and establish    'ed where it does not
                      exist. This buffer area requirement is intended to retard runoff, prevent erosion,
                      and filter nonpoint source pollution. The functional integrity of these buffer areas
                      is enhanced by regulations protecting the indigenous vegetation. Indigenous'
                      vegetation may be removed only to provide for reasonable sight lines, access
                      paths, general woodlot management, and best management practices.


                      The Chesapeake Bay Preservation Act also -equires localities within Tidewater
                      Virginia to adopt and/or revise different elements of the local programs to protect
                      the quality of state waters. Section 5.6.A of the Regulations requires that local
                      governments within Tidewater Virginia review arid revise their comprehensive plans
                      to address the quality of state waters. These comprehensive plan revisions are
                      intended to guide future development. Among the topics for review and revision
                      are: (1) the physical constraints to development such as soil limitations, (2) the
                      protection of groundwater resources, (3) the relationship of land use to fisheries,
                      (4) the appropriate, density for docks and piers, (5) the effect of public and private
                      access on water quality, (6) sources of existing pollution such as underground
                      storage tanks, and (7) the potential for water quality improvement through
                      redevelopment.


               !)epartment of Environmental Quality

                      Virginia Water Protection Permit Regulation (VR 680-15-02)

                      The Department of Environmental Quality's Virginia Water Protection Program is
                      responsible for the administration of water quality programs delegated to Virginia
                      under the Clean Water Act and as required by the State Water Control Law. The
                      Virginia Water Protection Permit program .cieeks to ensure the protection of
                      beneficial use of state waters including nontidal wetlands, prevent the degradation
                      of valuable water resources, and to help restore degraded waters. The Department
                      issues permits for all activities which may result in the physical, biological, or
                      chemical alteration of state waters.


                      The Virginia Water Protection Permit Regulation requires a permit for marina
                      facilities. The Virginia Water Protection Permit application also requires a survey
                      for endangered species, anadromous fish, submerged aquatic vegetation, wetlands,
                      shellfish, or other state water beneficial uses.


               September 1995                                                                               6-10








                           State Program Review for Marina and Boat Operation Management Measures



                Virginia Marine Resources Commission

                        Submerged Lands and Tidal Wetlands Permit Program and the Local Wetlands
                        Board Permit Program
                        (Sec. 28.2-1200 through 28.2-1300 of the Code of Virginia)

                        The Virginia Marine Resources Commission (VMRC) administers the Submerged
                        Lands and Tidal Wetlands Permit Programs and is charged with the review of all
                        tidal wetland permit decisions of local wetlands boards. The Tidal Wetlands Permit
                        Program applies throughout Tidewater, Virginia. The Submerged Lands Permit
                        Program applies State-wide to all State-owned submerged lands. New marinas and
                        commercial mooring facilities constructed over State-owned submerged lands or
                        which require a connection to State-owned submerged land require a permit from
                        VMRC.


                        Permits are issued through Joint Permit Review process involving local, state, and
                        federal agencies. Permits are reviewed based on compliance with statutory
                        requirements, Commission guidelines and Marina Siting Criteria as well as advisory
                        assistance provided by cooperating state and federal agencies. This includes
                        comments from the Department of Environmental                 Quality, Department of
                        Conservation and Recreation, Department of Health, Department of Game and
                        Inland Fisheries and environmental impact information included in the VIMS
                        Shoreline Permit Application report prepared for each project.

                        With the exception of the rapid bioessessment technique, all practices listed in the
                        guidance are applied through the Marina Siting Criteria and field assessments
                        conducted by Commission staff and technical review conducted by VIMS.


                Virginia Department of Health

                        Rules and Regulations Governing the Sanitary Control of Oysters, Clams and Other
                        Shelffish (Sec. 28.2-803 through 28.2-808 of the Code of Virginia)

                        To protect public health the Virginia Department of Health, Bureau of Shellfish
                        Sanitation in cooperation with the Virginia Marine Resources Commission has
                        establishes buffer zones around marina and boat mooring facilities. Proposed
                        facilities which would result in the closure of shellfish beds would violate state water
                        quality standards. The Virginia Marine Resources Commission is required by law

                September 1995                                                                                 6-11









                          State Program Review for Marina and Boat Operation Management Measure

                      to consider water quality standards and enforce shellfish closures.



               MANAGEMENT MEASURE COMPLIANCE


               The Chesapeake Bay Preservation Area Designation and Management Regulations, the
               Virginia Water Protection Permit Regulation and the Submerged Lands Tidal Wetlands
               Permit Programs fully implement this management moasure throughout the coastal zone.
               In fact, some aspects of the habitat assessment requirements of these regulations may
               exceed the requirements of this management measure. The CBPA implements riparian
               buffer areas and protects their functional value; the Submerged Lands and Tidal Wetlands
               Permit Programs specifically protects tidal wetlands and shellfish resources; and the
               Virginia Water Protection Permit Regulation requires s,.jrveys for any endangered species,
               anadromous fish, submerged aquatic vegetation, wetlands, shellfish, or other state water
               beneficial uses.


               SITING AND DESIGN


               D.     SHORELINE STABILIZATION MANAGEMENT MEASURE


                      Where shoreline erosion is a nonpoint source pollution problem, shorelines
                      should be stabilized. Vegetative methods a,,e strongly preferred unless
                      structural methods are more cost effective, considering the severity of wave
                      and wind erosion, offshore bathymetry, and the potential adverse impact on
                      other shorelines and offshore areas.


               Armlicabil : This measure applies only to new and expanding madna facilities where site changes may result
               in erosion of shorelines.



               Applicable State Programs

               Chesapeake Bay Local Assistance Department

                      Chesapeake Bay Preservation Act (CBPA)
                      (Sec. 10.1-2100 through 10.1-2115 of the Cooe of Virginia)
                      Chesapeake Bay Preservation Area Designation and Management Regulations
                      (VR 173-02-01)

                      The Chesapeake Bay Preservation Area Designation and Management Regulations
                      (VR 173-02-01) requires localities within Tidewater Virginia to adopt local programs

               September 1995                                                                               6-12








                        State Program Review for Marina and Boat Operation Management Measures

                    to protect the quality of state waters. In order to achieve this goal, localities must
                    designate certain land types and features as Chesapeake Bay Preservation Areas.
                    Localities must also develop specific performance criteria to apply to the use,
                    development and redevelopment of land within these areas.

                    One designation is that of the Resource Protection Area (RPA). Section 3.2.A of
                    the Regulations states that RPAs shall consist of sensitive lands at or near the
                    shoreline that have an intrinsic water quality value due to the ecological and
                    biological processes they perform or are sensitive to impacts which may         ..  cause
                    significant degradation to the quality of state waters.

                    The RPA includes tidal wetlands, nontidal wetlands contiguous to tidal wetlands,
                    tidal shores, other lands deemed to be significant in the protection of state waters,
                    and a buffer area not less than 100 feet in width adjacent to the previously
                    mentioned land types and all tributary streams. Development in the RPA is limited
                    to water dependent facilities or the redevelopment of existing facilities provided
                    these activities adhere to the performance standards described in ï¿½ 4.3.A. I and 2.

                    The Regulations specify (ï¿½ 4.3. B) that a 1 00-foot buffer area of vegetation that is
                    effective in retarding runoff, preventing erosion, and filtering nonpoint source
                    pollution from runoff shall be present and established where it does not exist.
                    Furthermore, the Regulations permit encroachment into the 1 00-foot buffer area for
                    shoreline erosion control projects in accordance with the best available technical
                    advice and applicable permit conditions and requirements.

                    Section 4.2.11 of the Regulations requires evidence of all wetlands permits required
                    by law prior to the authorization of grading or other on-site activities to begin.

                    The program also requires localities within Tidewater Virginia to adopt and, or
                    revise different elements of the local programs to protect the quality of state waters.

                    Section 5.6.A of the Regulations requires that local governments within Tidewater
                    Virginia review and revise their comprehensive plans to address the quality of state
                    waters. The comprehensive plan serves to guide future development and among
                    the topics for review and revision are an analysis of critically eroding areas,
                    shoreline erosion problems and the location of erosion control structures.


             Department of Conservation and Recreation

                    Erosion and Sediment Control Law (Sec. 10. 1 -602 et seq. of the Code of Virginia)

             September 1995                                                                             6-13









                          State Program Review for Marina and Boat Operation Management Measures


                      This law requires an approved plan for any land disturbing activity involving 10,000
                      square feet or more. A compliance inspection is performed during construction to
                      ensure that the plan is followed. Shoreline erosion control projects on tidal waters
                      are exempt under the Erosion and Sedimed Control Law when the projects are
                      approved by local wetlands boards, the Virginia Marine Resources Commission, or
                      the United States Army Corps of Engineers. All shoreline erosion control projects
                      in nontidal areas involving a land disturbance of 10,000 square feet or more, or a
                      more restrictive criterion as adopted by loca I government, require an approved
                      Erosion and Sediment Control Plan.



                      Shoreline Erosion Advisory Service (SEAS) (Sec. 10. 1 -702 of the Code of Virginia)

                      The Shoreline Erosion Advisory Service (SEAS) conducts on site inspections and
                      provides technical advice regarding the most effective and ecologically sound
                      methods of shoreline stabilization. Where -feasible, nonstructural controls are
                      recommended to control shoreline erosion. Emphasis is placed on minimizing
                      wetland impacts during erosion control implementation. SEAS recommendations'
                      are given considerable weight by permitting agencies and often become permit
                      conditions.



               Department of Environmental Quality

                      Virginia Water Protection Permit Regulation (VR 680-15-02)

                      The Department of Environmental Quality's Virginia Water Protection Program is
                      responsible for the administration of water quality programs delegated to Virginia
                      under the Clean Water Act and as required bi(the State Water Control Law. The
                      Virginia Water Protection Permit program seeks protect the beneficial use of state
                      waters including nonticlal wetlands, prevent the degradation of valuable water
                      resources, and to help restore degraded waters. The Department issues permits
                      for all activities which may result in the physical, biological, or chemical alteration
                      of state waters.


                      The Virginia Water Protection Permit Regulation requires a permit for marina
                      facilities. These regulations also require that the permit application identify specific
                      methods to be used for shoreline stabilization.




               September 1995                                                                              6-14







                        State Program Review for Marina and Boat 9peration Management @4easures

              Virginia Marine Resources Commission

                     Submerged Lands and rida/ Wetlands Permit Program and the Local Wetlands
                     Board Permit Program
                     (Sec. 28.2-1200 through 28.2-1300 of the Code of Virginia)

                     The Virginia Marine Resources Commission (VMRC) administers the Submerged
                     Lands and Tidal Wetlands Permit Programs and is charged with the review of all
                     tidal wetland permit decisions of local wetlands boards. The Tidal Wetlands Permit
                     .Program applies throughout Tidewater, Virginia. The Submerged Lands Permit
                     Program applies State-wide to all State-owned submerged lands. New marinas and
                     commercial mooring facilities constructed over State-owned submerged lands or
                     which require a connection to State-owned submerged land require a permit from
                     VMRC.


                     Permits are issued through Joint Permit Review process involving local, state, and
                     federal agencies. Permits are reviewed based on compliance with statutory
                     requirements, Commission guidelines and Marina Siting Criteria as well as advisory
                     assistance provided by cooperating state and federal agencies. This includes
                     comments from the Department of Environmental             Quality, Department of
                     Conservation and Recreation, Department of Health, Department of Game and
                     Inland Fisheries and environmental impact information included in the VIMS
                     Shoreline Permit Application report prepared for each project.

                     Shoreline stabilization is addressed through comments  received from the Shoreline
                     Erosion Advisory Service and VIMS during the Submerged Lands and Tidal
                     Wetlands Permit review process. .



              MANAGEMENT MEASURE COMPLIANCE


              The Chesapeake Bay Preservation Area Designation and Management Regulations, the
              Virginia Water Protection Permit Regulation, the Shoreline Erosion Advisory Service, and
              the Submerged Lands Tidal Wetlands Permit Program fully implement this management
              measure within the coastal zone. Collectively, these state programs provide the necessary.
              technical assistance and regulatory authority to ensure that effective and environmentally
              appropriate erosion control measures are implemented during marina siting and
              development.



              SITING AND DESIGN


              September 1995                                                                         6-15









                           State Program Review for Marina and Boat Operation Management Measures


                E.      STORM WATER RUNOFF MANAGEMENT MEASURE

                        Implement effective runoff control strategies which include the use of
                        pollution prevention activities and the proper design of hull maintenance
                        areas.


                        Reduce the average annual loadings of total suspended solids (TSS).in.
                        runoff from hull maintenance areas by 80 percent For the purposes of this
                        measure, an 80 percent reduction of TSS is to t e determined on an average
                        annual basis.



                Applicability: Each of the requirements of the storm water runoff management measure is intended to be
                applied to "new and expanding" marina facilities. Existing marinas would be required ("at least") to implement
                management practices only in those areas where scraping, sanding, painting and other hull maintenance takes
                place.



                Applicable State Programs

                Chesapeake Bay Local Assistance Department

                        Chesapeake Bay Preservation Act (CBPA)
                        (Sec. 10. 1 -2100 through 10. 1-2115 of the Code of Virginia)
                        Chesapeake Bay Preservation Area Designation and Management Regulations
                        (VR 173-02-01)

                        The Chesapeake Bay Preservation Area Designation and Management Regulations
                        (VR 173-02-01) specify eleven performance criteria [ï¿½ 4.2) that apply to the use,
                        development, or redevelopment of land within Chesapeake Bay Preservation Areas.
                        Two of the criteria address erosion and sedimed control requirements and nonpoint
                        source pollution generated by development.

                        Section 4.2.6 of the Regulations expands the application of the Erosion and
                        Sediment Control Law [ï¿½10.1-560, et.seg.] by reducing the disturbance threshold
                        for regulated land disturbing activities from 10,003 square feet to 2,500 square feet.

                        Section 4.2.8 of the 'Regulations provides nonpoint source pollution
                        removal/reduction requirements of nutrients applicable to new development or
                        redevelopment. These stormwater management criteria apply a "no net increase"


                September 1995                                                                                    6-16









                         State Program Review for Marina and Boat Operation Management Measures

                      standard to new development and a "10% reduction" standard to redevelopment.
                      For new development, the post-development nonpoint source pollution load shall
                      not exceed the pre-development load based on average land cover conditions.
                      Redevelopment activities must achieve a ten percent reduction of nonpoint source
                      pollution in runoff compared to the existing runoff load from the site. Typical
                      structural controls used to meet these requirements are detention and infiltration
                      facilities. Non-structural controls such as impervious area reduction (ï¿½ 4.2.5) and
                      filter strips are encouraged.

                      Although the program does not directly address quantity -of stormwater, it does, as
                      mentioned previously, expand the application of the Erosion and Sediment Control
                      Law.



              Department of Conservation and Recreation

                      Erosion and Sediment Control Law (Sec. 10. 1 -602 et seq. of the Code of Virginia)

                      This law requires an approved plan for any land disturbing activity involving 10,000
                      square feet or more. A compliance inspection is performed during construction to
                      ensure that the plan is followed.   Pursuant to standard 19 of the Virginia Erosion
                      and Sediment Control Regulations, an adequate receiving chann, el is required.
                      This requirement often results in channel modifications and, or construction of a
                      detention structure.



              Department of Environmental Quality

                      Virginia Water Protection Permit Regulation (VR 680-15-02)

                      The Department of Environmental Quality's Virginia Water Protection Program is
                      responsible for the administration of water quality programs delegated to Virginia
                      under the Clean Water Act and as required by the State Water Control Law. The
                      Virginia Water Protection Permit program seeks to protect the beneficial use of
                      state waters including nontidal wetlands, prevent the degradation of valuable water
                      resources, and to help restore degraded waters. The Department issues permits
                      for all activities which may result in the physical, biological, or chemical alteration
                      of state waters.

                      The Virginia Water Protection Permit       Regulation requires a permit for marina
                      facilities. This permit requires water    quality monitoring for dissolved oxygen,

              September 1995                                                                              6-1@









                        State Program Review for Marina and Boa,@ Operation Management Measures

                     temperature, and pH for both surface and bottom waters. Marinas are reviewed on
                     a case by case process with appropriate restrictions and monitoring included in the
                     permit.


             Virginia Marine Resources Commission

                     Submerged Lands and Tidal Wetlands Permit Program and the Local Wetlands
                     Board Permit Program
                     (Sec. 28.2-1200 through 28.2-1300 of the Code of Virginia)

                     The Virginia Marine Resources Commission (VMRC) administers the Submerged
                     Lands and Tidal Wetlands Permit Programs and is charged with the review of all
                     tidal wetland permit decisions of local wetlands boards. The Tidal Wetlands Permit
                     Program applies throughout Tidewater, Virgir.ia. The Submerged Lands Permit
                     Program applies State-wide to all State-owned submerged lands. New marinas and
                     commercial mooring facilities constructed over State-owned submerged lands or
                     which require a connection to State-owned submerged land require a permit from
                     VMRC.


                     Permits are issued through Joint Permit Review process involving local, state, and
                     federal agencies. Permits are reviewed based on compliance with statutory
                     requirements, Commission guidelines and Marina Siting Criteria as well as advisory
                     assistance provided by cooperating state and federal agencies. This includes
                     comments from the Department of Environmental*            Quality, Department of
                     Conservation and Recreation, Department of Health, Department of Game and
                     Inland Fisheries and environmental impact information included in the VIMS
                     Shoreline Permit Application report prepared for each project.

                     VMRC marina siting criteria stipulate that boat maintenance facilities shall include
                     plans to collect and remove maintenance by-products before they reach adjoining
                     waterways.

                     Although certain practices listed in the guidance are inc'luded in the Marina Siting
                     Criteria, VMRC has limited authority over upland activities.



             MANAGEMENT MEASURE COMPLIANCE


             Collectively, the Chesapeake Bay Preservation Area Designation and Management
             Regulations, the Erosion and Sediment Control Program, the Virginia Water P        rotection

             September 1995                                                                           6-18








                        State Program Review for Marina and Boat Operation Management Measures

              Permit Regulation, the VPDES Permit Program, and the Submerged Land's Tidal Wetlands
              Permit Program ensure the implementation of effective erosion and sediment control
              during marina construction and effective control of runoff quantity and quality after
              construction. In addition, pollution prevention is encouraged through performance
              requirements of the CBPA.

              Although state regulations do not specify a requirement for an 80 percent reduction in total
              suspended solids in runoff from hull maintenance areas, implementation of one or more
              of the management practices discussed in the guidance would likely be required to 6omply
              with state regulations. As such, these state programs are deemed to meet the intent of the
              management measure but not the specific requirement for an 80 percent reduction.
              Moreover, state program do not require an 80 percent reduction in total suspended solids
              from existing hull maintenance areas.



              SITING AND DESIGN


              F.     FUELING STATION DESIGN MANAGEMENT MEASURE


                     Design fueling stations to allow for ease in cleanup of spills.

              Applicabili : This measure applies only to new and expanding marina facilities where fueling stations are to
              be added or moved.



              Applicable State Programs

              Department of Environmental Quality

                     Virginia Water Protection Permit Regulation (VR 680-15-02)

                     The Department of Environmental Quality's Virginia Water Protection Program is
                     responsible for the administration of water quality programs delegated to Virginia
                     under the Clean Water Act and as required by the State Water Control Law. The
                     Virginia Water Protection Permit program seeks to ensure the protection of
                     beneficial use of state waters. including nontidal wetlands, prevent the degradation
                     of valuable water resources, and to help restore degraded waters. The Department
                     issues permits for all activities which may result in the physical, biological, or
                     chemical alteration of state waters.

                     The Virginia Water Protection Permit Regulation      requires a permit for Marina


              September 1995                                                                          6-19









                          State Program Review for Marina and Boa @ Operation Management Measures

                      facilities. This permit requires water quality monitoring for dissolved oxygen,
                      temperature, and pH for both surface and bottc)m waters. Permit also requires an
                      Oil Spill Containment Plan. Marinas are reviiawed on a case by case basis with
                      appropriate restrictions included in the marina permit and appropriate monitoring
                      included in the permit.

                      Oil Spills (Sec. 62.1 - 44.34 of the Code of Virginia)

                      Article 11 Section 62.1 - 44.34 of the Code of Virginia prohibits the discharge'bf any
                      volume of oil. Specifically, it state that the discharge of oil into or upon state
                      waters, lands, or storm drain systems is prol-ibited within the Commonwealth of
                      Virginia.




              Virginia Marine Resources Commission

                      Submerged Lands and Tidal Wetlands          Permit Program and the Local Wetlands
                      Board Permit Progtam
                      (Sec. 28.2-1200 through 28.2-1300 of the Cocle of Virginia)

                      The Virginia Marine Resources Commission (NIMRC) administers the Submerged
                      Lands and Tidal Wetlands Permit Programs and is charged with the review of all
                      tidal wetland permit decisions of local wetlands t*ards. The Tidal Wetlands Permit
                      Program applies th   'roughout Tidewater, Virginia. The Submerged Lands Permit
                      Program applies State-wide to all State-owned submerged lands. New marinas and
                      commercial mooring facilities constructed over State-owned submerged lands or
                      which require a connection to State-owned submerged land require a permit from
                      VMRC.


                      Permits are issued through Joint Permit Review process involving local, state, and
                      federal agencies. Permits are reviewed based on compliance with statutory
                      requirements, Commission guidelines and Marina Siting Criteria as well as advisory
                      assistance provided by cooperating state and federal agencies. This includes
                      comments from the Department of Environmental                 Quality, Department of
                      Conservation and Recreation, Depa rtment of Health, Department of Game and
                      Inland Fisheries and environmental impact information included in the VIMS
                      Shoreline Permit Application report prepared for each project.

                      Fuel spill contingency plans are required for new marinas with fuel faciliti e*s. As

              September 1995                                                                                6-20








                            State Program Review for Marina and Boat Operation Management Measures

                        well, VMRC may require that booms be available to respond to fuel spills.


                MANAGEMENT MEASURE COMPLIANCE

                The Virginia Water Protection Permit Regulation and the Submerged Lands and Tidal
                Wetlands Permit Programs meet the requirements of this management measure within the
                coastal zone. In addition, Article 11 Section 62.1 - 44.34 of the Code of Virginia prohibits
                the discharge of any volume of oil. These regulations specifically address the need for oil
                spill response and containment.







                SITING AND DESIGN


                G.      SEWAGE FACIUTY MANAGEMENT MEASUR                           E


                        Install pumpout, dump station, and restroom facilities where needed at new
                        and expanding marines to reduce the release of sewage to surface waters.
                        Design these facilities to allow ease of access and post signage to promote
                        use by the boating public.

                Applicabili!y: This measure applies to new and expanding marina facilities in areas where adequate marine
                sewage collection facilities do not exist. Dump stations for portabl e toilets and restrooms should be availa  ble.


                Applicable State Programs

                Department of Environmental Quality

                        Virginia Water Protection Permit Regulation (VR 680-15-02)

                        The Department of Environmental Quality's Virginia Water Protection Program is
                        responsible for the administration of water quality programs delegated to Virginia
                        under the Clean Water Act and as required by the State Water Control Law. The
                        Virginia Water Protection Permit program seeks to ensure the protection of
                        beneficial use of state waters including nontidal wetlands, prevent the degradation
                        of valuable water resources, and to help restore degraded waters. The Department


                September 1995                                                                                          6-21








                          State Program Review for Marina and Boat Operation Management Measures

                       issues permits for all activities which may result in the physical, biological, or
                       chemical alteration of state waters.


                       The Virginia Water Protection Permit Regulation requires a permit for marina
                       facilities. This permit requires water quality monitoring for dissolved oxygen,
                       temperature, and pH for both surface and bottom waters. All new or expanding
                       marinas are required to have either pumpout or dump out facilities (depending on
                       the marina size) as part of the permit application.


               Virginia Department of Health Department

                       Virginia Sanitary Regulations for, Marinas and Boat Moorings
                       (Sec. 32.1 - 246 of the Code of Virginia)

                       The Virginia Sanitary Regulations for Marinas and Boat Moorings requires all
                       marinas and boat moorings to obtain a permit to construct and operate on-site
                       sanitary facilities, pump-out facilities, and sewage dump stations. There are special
                       provisions for establishments which do not allow boats with installed toilets to use
                       their mooring facilities. VMRC requires each e,,;tablishment using subaqueous land
                       to provide a Virginia Department of Health (VDH) approved plan for all sanitary and
                       sewage facilities, before a VMRC permit may be issued. The' Virginia Department
                       of Health (VDH) approved plan may not be iSSUed until the requirements of the on-
                       site sewage regulations and, or the Sewage Collection and Treatment Regulations
                       have been met.


               Virginia Marine Res"ources Commission

                       Submerged Lands and Tidal Wetlands Permit Program and the Local Wetlands
                       Board Permit Prograrh
                       (Sec. 28.2-1200 through 28.2-1300 of the Code of Virginia)

                       The Virginia Marine Resources Commission (VMRC) administers the Submerged
                       Lands and Tidal Wetlands Permit Programs and is charged with the review of all
                       tidal wetland permit decisions of local wetlands boards. The Tidal Wetlands Permit
                       Program applies throughout Tidewater, Virginia. The Submerged Lands Permit
                       Program applies State-wide to all State-owned submerged lands. New marinas and
                       commercial mooring facilities constructed over State-owned submerged lands or
                       which require a connection to State-owned SLbmerged land require a permit from
                       VMRC.

               September 1995                                                                                6-2@








                        State Program Review for Marina and Boat Operation Management Measures

                     Permits are issued through Joint Permit Review process involving local, state, and
                     federal agencies. Permits are reviewed based on compliance with statutory
                     requirements, Commission guidelines and Marina Siting Criteria as well as advisory
                     assistance provided by cooperating state and federal agencies. This includes
                     comments from the Department of Environmental             Quality, Department of
                     Conservation and Recreation, Department of Health, Department of Game and
                     Inland Fisheries and environmental impact information included in the VIMS
                     Shoreline Permit Application report prepared for each project.

                     As noted above, a Submerged Lands Permit can not be issued until the Health
                     Department has approved any sanitary facilities.






              MANAGEMENT MEASURE COMPLIANCE

              The Virginia Water Protection Permit Regulation, the Virginia Sanitary Regulations for
              Marinas and Boat Moorings, and the Submerged Lands and Tidal Wetlands Permit
              Programs ensure that necessary pumpout facilities are installed at new and expanding
              marinas. These regulations meet fully meet this management measure. In addition,
              Section 32.1-246.1 of the Code of Virginia states that signs and notices indicating fees,
              restrictions, and operating instructions be placed on all required dump stations.


              MARINA AND BOAT OPERATION AND MAINTENANCE

              A.     SOLID WASTE MANAGEMENT MEASURE

                     Properly dispose of solid wastes produced by the operation, cleaning,
                     maintenance, and repair of boats to limit entry of solid wastes to surface
                     waters.


              6ppLicability: This measure applies to new and expanding marina facilities.


              Applicable State Programs

              Department of Environmental Quality


              September 1995                                                                        6-23









                        State Program Review for Marina and Boai' Operation Management Measures

                     Virginia Water Protection Permit Regulation ()/R 680-15-02)

                     The Department of Environmental Quality's Virginia Water Protection Program is
                     responsible for the administration of water quality programs delegated to Virginia
                     under the Clean Water Act and as required by the State Water Control Law. The
                     Virginia Water Protection Permit program z,eeks to ensure the protection of
                     beneficial use of state waters including nontidal wetlands, prevent the degradation
                     of valuable water resources, and to help restore degraded waters. The Department
                     issues permits for all activities which may re-sult in the physical, biolo'gl'c'al, or
                     chemical alteration of state waters.


                     The Virginia Water Protection Permit Regulation requires a permit for marina
                     facilities. This permit requires water quality monitoring for dissolved oxygen,
                     temperature, and pH for both surface and bottom waters. This permit addresses the
                     need for trash containers and proper waste management.

                     Solid Waste Management Regulations (Section 62.1-194 et seq. of the Code of
                     Virginia)

                     The Division of Waste Management administers the Solid Waste Management
                     Regulations. These regulations require disposal of solid waste in an approved
                     solid waste disposal facility. In addition, these regulations prohibit the disposal of
                     solid waste in waters of the Commonwealth.


                     Section 62.1-194 et seq. of the Code of Wginia states that it is unlawful to
                     contaminate state waters, or to cast garbage or other solid waste of any form into
                     state waters, except fish or crab bait.


             Virginia Marine Resources Commission

                     Submerged Lands and Tidal Wetlands Permit Program and the Local Wetlands
                     Board Permit Program
                     (Sec. 28.2-1200 through 28.2-1300 of the Codi@ of Virginia)

                     The Virginia Marine Resources Commission (\J'MRC) administers the Submerged
                     Lands and Tidal Wetlands Permit Programs arid is charged with the review of all
                     tidal wetland permit decisions of local wetlands boards. The Tidal Wetlands Permit
                     Program applies throughout Tidewater, Virginia. The Submerged Lands Permit
                     Program applies State-wide to all State-owned submerged lands. New marinas and
                     commercial mooring facilities constructed over State-owned su     bmerged lands or

             September 1995                                                                            6-24








                        State Program Review for Marina and Boat Operation Management Measures

                     which require a connection to State-owned submerged land require a permit from
                     VMRC.


                     Permits are issued through Joint Permit Review process involving local, state, and
                     federal agencies. Permits are reviewed based on compliance with statutory
                     requirements, Commission guidelines and Marina Siting Criteria as well as advisory
                     assistance provided by cooperating state and federal agencies. This includes
                     comments from the Department of Environmental               Quality, Department of
                     Conservation and Recreation, Department of Health, Department of Game and
                     Inland Fisheries and environmental impact information included in the VIMS
                     Shoreline Permit Application report prepared for each project.

                     The Marina Siting Criteria specifically address solid waste disposal and require the
                     development of a solid waste recovery plan. In addition, facilities incorporating boat
                     maintenance operations must include plans for the efficient collection and removal
                     of by-products associated with maintenance operations.



             MANAGEMENT MEASURE COMPLIANCE

             The Virginia Water Protection Permit Regulation, and the Solid Waste Management
             Regulations help ensure that solid waste produced by the operation, cleaning,
             maintenance, and repair of boats is properly managed. The Marina Siting Criteria
             specifically addresses solid waste management and requires solid waste management
             plans for maintenance operations. Furthermore, section 62.1-194 et seq. of the Code of
             Virginia prohibits the disposal of garbage or other solid waste of any form into state waters.
             These regulations meet the intent of the management measure.


             MARINA AND BOAT OPERATION AND MAINTENANCE


             B.      FISH WASTE MANAGEMENT MEASURE

                     Promote sound Fish waste management through a combination of fish-
                     cleaning reshictions, public education, and proper disposal of fish waste.

             Applicability-. -This management measure is intended to be applied by States to marinas where fish waste is
             determined to be a source of water Pollution."


             Applicable State Programs


             September 1995








                          State Program Review for Marina and Boat Operation Management Measures


               Department of Environmental Quality

                      Solid Waste Management Regulations
                      (Sec. 62.1-194, et seq. of the Code of Virginia)

                      The Division of Waste Management admini.&ters the Solid Waste Management
                      Regulations. These regulations require disposal of solid waste in an approved
                      solid waste disposal facility. Section 62.1-194 et seq. of the Code of Virginia"'states
                      that it is unlawful to.contaminate state waters, or to cast garbage or other solid
                      waste of any form into state waters, except fish or crab bait.



               MANAGEMENT MEASURE COMPLIANCE


               The solid waste management regulations prohibit the improper disposal of solid waste,
               including fish waste. Section 62.1-194 et seq. of tie Code of Virginia states that it is
               unlawful to cast garbage or other solid waste of any form into state waters, except fish or
               crab bait. Virginia partially meets the Fish Waste management measure.

               MARINA AND BOAT OPERATION AND MAINTENANCE


               C.     LIQUID MATERIAL MANAGEIVIENTMEASURE

                      Provide and maintain appropriate storage, transfer, containment and
                      disposal facilities for liquid material, such as oil, harmful solvents, antifreeze,
                      and paints, and encourage recycling of these materials.

               A12glicabil : 'This management measure is intended to be applied by States to marinas where liquid materials
               used in maintenance, repair, or operation of boats are stored."



               Applicable State Programs


               Department of Environmental Quality

                      Virginia Water Protection Permit Regulation (VR 680-15-02)

                      The Virginia Water Protection Permit Regulation requires         a permit for marina
                      facilities. This permit requires water quality monitoring for dissolved oxygen,
                      temperature, and pH for both surface and bott:)m waters. Although liquid material


               September 1995                                                                             6-26









                          State Program Review for Marina and Boat Operation Management Measures

                       management is not typically a permit requirement, there are permit conditions that
                       prohibit dumping of these material in water.

                       Solid Waste Management Regulations
                       (Section 62.1-194, et seq. of the Code of Virginia)

                       The Division of Waste Management administers the Solid Waste Management
                       Regulations. These regulations require disposal of solid waste in an approved
                       solid waste disposal facility. In addition, these regulations prohibit the di s*posal of
                       solid waste in waters Qf the Commonwealth.

                       Section 62.1-194 et seq. of the Code of Virginia states that it is unlawful to
                       contaminate state waters, or to cast garbage or other solid waste of any form into
                       state waters, except fish or crab bait.

                       Oil Spills (Sec. 62.1 - 44.34 of the Code of Virginia)

                       Article 11 Section 62.1 - 44.34 of the Code of Virginia prohibits the discharge of any
                       volume of oil. Specifically, it states that the discharge of oil into or upon state
                       waters, land, or storm drain systems is prohibited within the Commonwealth of
                       Virginia.

                       Oil Discharge Contingency Plan (Sec. 62.1-44.34:15, of the Code of Virginia)

                       Article 11 of the State Water Law states that all opera       tors of oil storage facilities
                       having greater than 25,000 gallon storage or handling capacity prepare an Oil
                       Discharge Contingency Plan.            This law is enforced by the Department of
                       Environmental Quality under regulations adopted in Der-ember of 1991.

                       Waste Reduction Assistance Programs

                       The Office of Litter Prevention and Recycling (OLP&R) assists Virginia localities
                       and state agencies with recycling and litter prevention activities. These activities
                       include: developing markets for recycled material, planning assistance to state and
                       local govemments, scrap tire management, and litter prevention. OLP&R maintains
                       a free data base service consisting of a list of over 400 users of recycled material,
                       develops regulations for solid waste management, and prepares planning
                       guidelines and technical studies to assist localities.



               MANAGEMENT MEASURE COMPLIANCE


               September 1995                                                                                   6-27








                         State Program Review for Madna and Boat Operation Management Measures

              The Solid Waste Management Regulations and the Virginia Water Protection Permit
              Regulation prohibit the dumping or improper disposal of harmful liquid material. Proper
              storage, transfer, and disposal facilities for these materials are required in order to comply
              with these regulations. The Office of Litter Prevention and Recycling promotes recycling
              of solid and liquid material. In addition, section 62.1-194 et seq. of the Code of Virginia
              states that it is unlawful to contaminate state waters, or to cast garbage or other solid
              waste of any form into state waters, except fish or crab bait.


              MARINA AND BOAT OPERATION AND MAINTENANCE


              D.      PETROLEUM CONTROL MANAGEMENT MEASURE

                      Reduce the amount of fuel and oil from boat hilges and fuel tank air vents
                      entering marina and surface waters.

              Applicability: "Mis management measure is intended to be applied by States to boats that have inboard fuel
              tanks"






              Applicable State Programs

              Department of Environmental Quality

                      Virginia Water Protection Permit Regulation ()/R 680-15-02)

                      The Virginia Water Protection Permit Regulation requires a permit for marina
                      facilities. This permit requires water quality monitoring for dissolved oxygen,
                      temperature, and pH for both surface and bottom waters. Petroleum Control is
                      typically included in the permit and there are conditions that prohibit direct dumping
                      of bilges in water. Bilge pumping is to be done in proper facilities.

                      Oil Discharge Contingency Plan (Sec. 62.1-44.34:15, of the Code of Virginia)

                      Article 11 of the State Water Law states that all operators of oil storage facilities
                      having greater than 25,000 gallon storage or handling capacity prepare an Oil
                      Discharge Contingency Plan.          This law i:5 enforced by the Department of
                      Environmental Quality under regulations adopted in December of 1991.



              September 1995                                                                             6-28








                        State Program Review for Marina and Boat Operation Management Measures

                     Oil Spills (Sec. 62.1 - 44.34 of the Code of Virginia)

                     Article 11 Section 62.1 - 44.34 of the Code of Virginia prohibits. the discharge of any
                     volume of oil. Specifically, it states that the discharge of oil into or upon state
                     waters, land, or storm drain systems is prohibited within the Commonwealth of
                     Virginia.


              Virginia Marine Resources Commission

                     Submerged Lands and Tidal Wetlands Permit Program and the Local Wetlands
                     Board Permit Program
                     (Sec. 28.2-1200 through 28.2-1300 of the Code of Virginia)

                     The Virginia Marine Resources Commission (VMRC) administers the Submerged
                     Lands and Tidal Wetlands Permit Programs and is charged with the review of all
                     tidal wetland permit decisions of local wetlands boards. New marinas and
                     commercial mooring facilities constructed over State-owned submerged lands or
                     which require a connection to State-owned submerged land require a permit from
                     VMRC.



                     Permits are issued through Joint Permit Review process involving local, state, and
                     federal agencies. Permits are reviewed based on compliance with statutory
                     requirements, Commission guidelines and Marina Siting Criteria as well as advisory
                     assistance provided by cooperating state and federal agencies. This includes
                     comments from the Department of Environmental                Quality, Department of
                     Conservation and Recreation, Department of Health, Department of Game and
                     Inland Fisheries and environmental impact information included in the VIMS
                     Shoreline Permit Application report prepared for each project.

                     The Marina Siting Criteria require all fuel facilities to incorporate automatic shutoff
                     valves, oil spill contingency plans, and methods of preventing the discharge of
                     wastes, gray water, and fuels bilge wastes.



              MANAGEMENT MEASURE COMPLIANCE


              Collectively, the programs described above meet the requirements of the Petroleum
              Control Management Measure. The Virginia Water Protection Permit Regulation prohibits
              bilge dumping, and other state regulations require oil spill contingency plans and prohibit

              September 1995                                                                             6-29









                         State Program Review for Marina and Boat Operation Management Measures

              the discharge of oil into state waters. Marina siting guidelines require all marina fuel
              facilities to incorporate automatic shutoff valves, and prevent the discharge of fuels bilge
              wastes.



              MARINA AND BOAT OPERATION AND MAINTENANCE


              E.     BOAT CLEANING MANAGEMENT MEASURE


                     For boats that are in the water, perform cleaning operations to minimize, to
                     the extent practicable, the release to surface w3ters of (a) harmful cleaners
                     and solvents and (b) paint from in-water hull deaning.

              Applicability: 'Mis management measure is intended to be applied by States to marinas where boat topsides
              are cleaned and marinas where hull scrubbing in the water has been shown to result in water or sediment
              quality problems."









              Applicable State Programs

              Department of Environmental Quality

                     Virginia Water Protection Permit Regulation

                     The Virginia Water Protection Permit Regulation requires a permit for marina
                     development and op6ration. Boat cleaning management is typically a permit
                     requirement and there are conditions in the permit that prohibit in-water
                     maintenance or direct dumping into waters of -@he Commonwealth.

                     Section 62.1-194 et seq. of the Code of Virginia states that it is unlawful to
                     contaminate state waters, or to cast garbagE@ or other solid waste of any form,
                     except fish or crab bait, into state waters.
              MANAGEMENT MEASURE COMPLIANCE -                                                                           I
              The Virginia Water Protection Permit Regulation meetE this management measure through


              September 1995                                                                             6-30








                       -State Program Review for Marina and Boat Operation Management Measures

               a prohibition of in-water boat cleaning and direct dumping into waters of the
               Commonwealth.



               MARINA AND BOAT OPERATION AND MAINTENANCE


               F.      PUBLIC EDUCATION MANAGEMENT MEASURE

                       Public educatiorVoutreach4raining programs should be instituted for boatei !, as well
                       as manna owners and operators, to prevent improper disposal of polluting rnateria/.

               Applicability: "This management measure is intended to be applied by States to all en0onniontal COnIF01
               authorities in areas where marinas are located."



               Applicable State Programs

               Department of Game and Inland Fisheries

                       Boater Safety Program

                       Boater education regarding proper disposal of polluting material is an important part
                       of the Boater Safety Program.


               Virginia Department of Health

                       Marina Education Program

                       The Marina Education Program includes distribution of brochures and decals which
                       encourage proper disposal of polluting material. Approximately 75,000 educational
                       brochures and 100,000 decals have been passed out with 44,000 of them being
                       sent directly to all Virginians with a registered boat of 20 feet or more, as well as all
                       people with a Virginia address which have a documented boat in their name. As
                       noted above, participants in boating safety courses are also given a brochure and
                       decal as well as information about the importance of not to polluting waterways.
                       Approximately 500 posters have been used in key locations to help promote clean
                       waterways.

                       In addition, a uniform sign has been developed and placed at dump stations and
                       pump-outs. A list of pump-out stations is available upon request. About 1,000


               September 1995                                                                                 6-31









                          State Program Review for Marina and Boat Operation Management Meas                ures

                       requests are received each year.



               MANAGEMENT MEASURE COMPLIANCE


               Both the Boater Safety and the Marina Education Programs address the proper disposal
               of polluting material. These programs fully implembrit this management measure.



               MARINA AND BOAT OPERATION AND MAINTENANCE


               G.      MAINTENANCE OF SEWAGE FACILITIES MANAGEMENT MEASURE


                       Ensure that sewage pumpout facilities are maintained in operational
                       condition and encourage their use.

               Applicability: "This management measure is intended to be app led by States to all marinas where marines
               sewage disposal facilities exist.







               Applicable State Programs

               Virginia Department of Health

                       Sanitary Regulations for Matinas and Boat Moorings
                       (Sec. 32.1-246, of the.Code of Virginia)

                       Marinas, boat moorings, and other places where boats are moored are inspected
                       each year to determine if onshore sanitary facilities are in proper working order and
                       to determine if the pump-out and sewage dump stations are available and in proper
                       working order.



               MANAGEMENT MEASURE COMPLIANCE


               The Sanitary Regulations for Marinas and Boat Moorings enforced by the Virginia
               Department of Health fully implement this management measure throughout the state.

               September 1995                                                                                6-32








                         State Program Review for Marina and Boat Operation Management Measures


               MARINA AND BOAT OPERATION AND MAINTENANCE


               H.     BOAT OPERATION MANAGEMENT MEASURE

                      Restfict boating activities where necessafy to decrease turbidity and physical
                      destruction of shallow-water habitat.

               Applicabili : "This management measure is intended to be applied by States in non-madna surfac6 waters
               where e,;idence indicates that boating activities are impacting shallow-wate, habitat."


               Applicable State Programs

               Department of Game and Inland Fisheries

                      No Wake Zone Designation and Enforcement

                      The Department of Game and Inland Fisheries approves No Wake Zone
                      designations and enforces boater compliance. VMRC marine patrol officers also
                      help enforce No Wake Designation Zones.




               MANAGEMENT MEASURE COMPLIANCE


               Although No Wake Zones can provide some protection for shallow-water habitat, these
               zones are designated based on safety considerations. Environmental factors can not
               serve as a basis for  'No Wake Zone designation at this time. Similar boating restrictions
               have been discussed by localities as a possible means of preventing shoreline erosion.
               Presently, the No Wake Zone Program does not meet the intent of the management
               measure.
















               September 1995                                                                               6-33








                        State Program Review for Marina and Boat Operation Management Measures

              Marina and Boat Operation

              Siting and Design

              A. Marina Flushing                       Meets

              B. Water Quality Assessment              Meets

              C. Habitat Assessment                    Meets


              D. Shoreline Stabilization               Meets


              E. Storm Water Runoff                    Meets

              F. Fueling Station Design                Meets

              G. Sewage Facility                       Meets


              Marina and Boat Operation and Maintenance

              A. Solid.Waste                           Meets

              B. Fish Waste                            Partially Meets

              G. Liquid Material                       Meets

              D. Petroleum Control                     Meets


              E. Boat Cleaning                         Meets

              F. Public Education                      Meets

              G. Maintenance of Sewage Facilities      Meets

              H. Boat Operation                        Partially Meets







              September 1995                                                                        6-34














                    Management measures
                      for hydromodiflcation













                                                 CHAPTER 7




                    Management Measures for Hydromodification:

                           Channelization and Channel Modification, Dams,
                                 and Streambank and Shoreline Erosion





            The population density of Tidewater Virginia and the distribution of people along
            Virginia's rivers and shores increases the need to protect shorelines from erosion
            hazards and to construct dams for flood protection, recreation, and water supplies.
            Virginia has over 3000 miles of nontidal rivers and streams, and more than 5000 miles
            of tidal shoreline along the Atlantic Ocean and the Chesapeake Bay and its tributaries.
            The estimated average annual erosion rate along Virginia's Atlantic coast is 10. 2 feet
            per year and 0.7 feet per year along the Chesapeake Bay shoreline. An estimated 501
            miles of shoreline in Virginia is eroding at a rate of 1 foot or greater per year.
            Approximately 243' miles of shoreline are eroding at a rate of 2 feet or greater per
            year; and, approximately 39 miles of shoreline are eroding at a rate of 5 feet of greater
            per year. Of the 1,500 dams and impoundments which exist along Virginia waters,
            460 are regulated by the Commonwealth of Virginia. The state regulates dams based
            on height and impoundment area. Estimates conducted as part of the National Flood
            Insurance Program (NFIP) indicate that approximately 865 square miles of Tidewater
            Virginia are within the 100-year floodplain.

            Channel modifications are needed to maintain navigable waterways and control
            flooding.   Dam construction and operation is often necessary to store 'water for
            irrigation, recreation, and to provide a source of drinking water. Yet, these activities
            can be a source of nonpoint pollution and adversely affect water quality and habitat.

            Disturbances to riparian and coastal waterways may result in increased streambank
            or shoreline erosion, water quality degradation, and the destruction of sensitive
            aquatic habitat. In particular, channel modifications undertaken in streams or rivers


            September 1995                                                                        7-1









                                 State Program Review for Hydromodification Management Measures


               to straighten, relocate, or change the depth or width of a channel can alter instream
               water temperature, the physical and chemical characteristics of bottom sediments, and
               the rate and characteristics of sediment transport and deposition. In addition, channel
               modifications often require maintenance dredging which can diminish the suitability
               of aquatic and riparian habitat for fish and wildlife. While some adverse impacts
               associated with channel modification activities mzy be temporary, the loss of habitat
               and the need for ongoing maintenance can have s.9nificant long term consequences.

               Siting, construction, and operation of dams and impoundments can result in significant
               changes in the ecology of streams and rivers. The construction of dams may result in
               significant increases in nonpoint source pollution !;uch as increased sediment loading
               and chemical contaminants.         Darn operation can produce changes in water
               temperature and water chemistry (pl-i and dissolved oxygen). In addition, dams and
               impoundments can disrupt the natural transport of sediment and can- result in
               significant changes to instrearn flow.

               The adverse effects of both dam construction and channel modifications can be
               greatly reduced through effective planning and the installation and maintenance of
               best management practices (BMP). Virginia has a number of programs which seek to
               prevent degradation of water quality resulting from hydromodifications, construction
               of dams, and destruction of wetlands and ripFrian areas. At the core of these
               programs are the following regulatory programs which provide the bulk of the
               Commonwealth's regulatory authority for managing hydromodification and dam
               construction  activities:


                     0       the Virginia Water Protection Permit Program administered by the
                             Department of Environmental Qualil:y;

                     0       the Subaqueous Lands Managemerit, Tidal Wetlands Management and
                             Coastal   Primary    Sand    Dunes/Beaches     Management Programs
                             administered Gy the Virginia Marine Resources Commission; and,

                     0       the Chesapeake Bay Preservation Act administered by the Chesapeake
                             Bay Local Assistance Department.

               Other state programs which include specific regulatory authority concerning
               hydromodification, and dams include:

                     0       the Floodplain Management, Dams Safety, Erosion and Sediment Control
                             and the Scenic Rivers Programs administered by the Department of
                             Conservation and Recreation; and,


               September 1995                                                                      7-2








                               State Program Review for Hydromodification Management Measures


                           the Threatened and   Endangered Species Program administered by the
                           Department of Game and Inland Fisheries.

              These regulatory programs are augmented by programs which offer financial
              incentives and technical assistance to promote the goals of nonpoint source reductions
              as related to hydromodification activities. These incentive programs include:

                    0      the Shoreline Erosion Advisory Service, the Stormwater Management
                           Program and the Agricultural BMP Cost-Share Program, all administered
                           by the Department of Conservation and Recreation.


              Work Group Assessment Process

              In May, 1993 the Hydromodification Work Group began the work of comparing
              existing state programs to the management measures contained in Chapters 6 and 7
              of the EPA Guidance Specifying Management Measures For Sources Of Nonpoin              't
              PoHution In Coastal Waters. The following agencies or organizations are represented
              on the Hydromodification Work Group: Department of Conservation and Recreation,
              Department of Environmental Quality - Water Division, Virginia Marine Resources
              Commission, Chesapeake Bay Local Assistance Department, Virginia Institute of
              Marine Science, Department of Game and Inland Fisheries, Department of
              Transportation, Lower James Rivers Association, Virginia Lakes Association, Home
              Builders Association of Virginia, Hampton Roads Planning District Commission and
              Chesapeake Bay Foundation.

              This assessment of state nonpoint source pollution control programs was produced
              using information collected through work group meetings, interviews with state
              agency staff, and work sheets completed for applicable programs. The matrix on page
              6-5 identifies which statb programs apply to the management measures for
              hydromodifications. This chapter details the specific requirements of each measure
              and describes applicable state programs. Program descriptions are not comprehensive;
              rather, they focus on aspects of state programs applicable to the specified
              management measures. A table at the end of the chapter summarizes how state
              programs address the hydromodification management measures within the coastal
              zone.


              For each management measure the Hydromodification Work Group has evaluated how
              well state programs comply with the federal guidance based on: (1) specific
              management measure requirements or performance standards, and (2) enforceable
              policies or mechanisms.


              September 1995                                                                      7-3







                                                                          Hydrologic Modifications


                                                                                               -6 M
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                                                                                                                           W


                                          Virginia 'Waier Proieciion Permii                       A           A

                                          Wetlands Boards Permit Program                                                                                         x

                                            Submerged Land Regulation                             x           x                        x                         x

                                                   Sand Dune Law                                                                                                 x

                                         Chesapeake Bay Preservation Act                                                   x           x                         x

                                               Floodplain Management -                            x           x            x           x

                                         Shoreline Erosion Advisory Service                                                                                      x

                                                Dam Safety Program                                                         x                        x

                                            Erosion and Sediment Control                          x                        x           x                         x

                                            Stormwater Management Act                             x

                                                Scenic River Program                              x           x                                     x

                                        Threatened and Endangered Species                         x           x                                     x            x

                                        Agricultural BMP Cost Share Program                                                                         x            x

                                                                                                                                                      September  1995









                               State Program Review for Hydromodification Management Measures


             PROGRAM ASSESSMENT 13Y MANAGEMENT MEASURE

             Each of the specified management measures for hydromodification is identified and
             discussed in the section which follows. The management measures are presented as
             they appear in the program guidance issued by EPA and NOAA.                Within the
             hydromodification source category, there are subcategories for Channelization and
             Channel Modifications, Dams, and Streambank and Shoreline Erosion. For each
             management measure the applicable program descriptions are listed alphabetically and
             grouped together by the agency which administers them. In the compliance section
             which follows these descriptions, more consideration has been given to the relative
             importance of each of the individual programs.

             This chapter identifies the requirements of each management measure, provides a brief
             program description of applicable state programs, and a discussion of how well these
             programs comply with the requirements of each management measure.              Program
             descriptions are not comprehensive; rather, they focus on aspects of state programs
             applicable to the specified management measures.          The management measure
             compliance discussion describes coordination between state programs and summarizes
             how well state programs meet management measure requirements.



             CHANNELIZATION AND CHANNEL MODIFICATION
             A.     Physical and Chemical Characte   ristics of Surface Waters

                    (1)    Evaluate the potential effects of proposed channelization and
                           channel modification on the physical and chemical characteristics
                           of surface waters in coastal areas;

                    (2)    Plan and desigp channelization and channel modification to reduce
                           undesirable impacts; and

                    (3)    Develop an operation and maintenance program for existing
                           modified channels that include identification and implementation
                           of opportunities to improve physical and chemical characteristics
                           of surface waters in those channels.


             Aqg@@@        "This management measure is intended to be applied by States to public and private
             channelization and channel modification activities in order to prevent the degradation of physical and
             chemical characteristics of surface waters from such activities."






             September 1995









                                 State Program Review for Hydromodification Management Measures


               APPLICABLE STATE PROGRAMS


               Department of Conservation and Recreation

                      Erosion and Sediment Control Law (Sec. 10.1-560, et seq. of the          Code of
                      Virginia)

                      .Erosion and sediment control plans.must utilize practices defined in the 1992
                      Virginia Erosion and Sediment ControlHandtook. State sponsored projects are
                      reviewed and approved by the Departmen-.: of Conservation and Recreation
                      (DCR). Private projects are reviewed and epproved by the local government
                      with DCR oversight. The Erosion and Sediment Control Law is applicable
                      statewide.


                      This law requires an approved erosion and sediment control plan for land
                      disturbing activity involving 10,000 square feet or more.         A compliance
                      inspection is performed during construction I:o ensure that the plan is followed.
                       Pursuant to Standard 19 of the Virginia Erosion and Sediment Control
                      Regulations, an adequate receiving channel is required. This requirement helps
                      ensure that any required channel modifications do not induce down stream
                      erosion.



                      Floodolain Management Program (Sec. 10.1-602, et seq. of the Code of
               Virginia)

                      All channel modifications require a local    -government permit for hydraulic
                      evaluation. Channel relocations require state National Flood Insurance Program
                      (NFIP), coordination and review. Drainage system maintenance and debris
                      removal to maintairt flood capacity are credible activities under the NFIP
                      Community Rating System for participating localities which choose to require
                      them.



                      Scenic Rivers Act. (Sec. 10. 1 -400 through 10. 1 -418 of the Code of Virginia)

                      The Department of Conservation and Recreation reviews ard makes
                      recommendations to regulatory agencies regarding all proposals for the use and
                      development of water an'd land related resources or other uses which have the
                      potential to change the character of a stream or waterway or destroy the scenic
                      values of designated scenic rivers. Full consideration and evaluation of the river


               September 1995









                               State Program Review for Hydromodification Management Measures


                     as a scenic resource will be given before channel modification proposals are
                     approved.

                     The Scenic Rivers Act is applicable statewide to those waterbodies designated
                     as scenic rivers by an act of the Virginia General Assembly. Approximately 225
                     miles of Virginia waterways have been designated as scenic rivers.


                     Stormwater Management Act         (Sec. 10.1-603.1, et seq. of the Code of
              Virginia)    -

                     A stormwater management plan is required for state sponsored projects. These
                     plans are reviewed and approved by the Department of Conservation and
                     Recreation.   The Stormwater Management Program is optional for local
                     governments. Where local programs exist, stormwater management plans for
                     private projects are reviewed and approved by local government. Plans are
                     required for projects which would disturb an acre or more and which woul-d
                     affect storm water quantity and quality. Technical assistance regarding the
                     Stormwater Management Law is available to participating localities through the
                     Department of Conservation and Recreation.


              Department of Environmental Quality

                     Virginia Water Protection Permit Act (Sec. 62.1-44.15.5 of the Code of
              Virginia)

                     The Virginia Water Protection Per mit (VWPP) requires that an application be
                     prepared for all channelization and channel modification projects.        Permit
                     applications are evaluated on a case by case basis for potential impacts to
                     water quality.  Channel modification projects projected to have minor, or
                     insignificant, impacts to state waters and wetlands, and qualifying for
                     Nationwide or Regional Permits from the Corps of Engineers, may not require
                     program review. Modeling of effects may be required as part of the project
                     evaluation process if'impacts are expected to be significant. Pre-construction
                     sampling may be required to establish baseline water quality data. DEQ staff
                     works with applicants to reduce or eliminate undesirable water quality and
                     habitat effects during the preapplication and application review process. Best
                     management practices (BMPs) may be required for project implementation.
                     Seasonal restrictions may also be stated in the permit.



              September 1995                                                                      7-7









                                  State Program Review for Hydromodification Management Measures


               Department of Game and Inland Fisheries

                      Virginia Endangered Species Act
                      (Sec. 29-230 through 29-237 of the Code of Virginia)

                      The Virginia Endangered Species Act prohibits actions which would harass or
                      harm a state or federally listed endangered or threatened species, including
                      significant habitat modifications or degradation, or other intentional or negligent
                      acts or omissions which kill or injure wildlife by significantly impairing essential
                      behavior patterns including breeding, feeding or sheltering. The Department
                      Game and Inland Fisheries administers the Virginia Endangered Species Program
                      which provides consultatory comments to mgulatory agencies issuing permits
                      which may affect endangered or threatened species, and by the investigation
                      and prosecution of violations. Permits required for channelization 6'Fd channel
                      modification projects require consultation with the Department Gameand Inland
                      Fisheries to help ensure the protection of these resources.


              Virginia Marine Res'ources Commission (VMRC)

                      Submerged Lands Management Program
                      (Sec. 28.2-1200 through 28.2-1213 of the Code of Virginia)

                      The Virginia Marine Resources Commission (VMRC) administers the Submerged
                      Lands Permitting Program throughout the state. In non-tidal areas thi:3 program
                      includes waterways with flows greater than five cubic feet per second (CFS)
                      or drainage areas greater than five square miles.

                      Permits are issued through a Joint Permit re\,iew   process involving local, state
                      and federal agencies.: Permits are reviewed based on compliance with statutory
                      requirements and Subaqueous Guidelines as well as advisory assistance
                      provided by cooperating state and federal agencies. Advisory comments are
                      received from the Department of Environmental Quality, the Department of
                      Conservation and Recreation, the Department of Health and the Department of
                      Game and Inland Fisheries. Impacts on water quality, water quantity, habitat
                      and aquatic resources as well as affects on adjacent properties are c:)nsidered
                      during permit review. Best management practices are included in permits when
                      applicable, as are requirements for minimum flows and fish passage. Permits
                      can also require compliance with erosion and sediment control practices
                      included in the 1992 Virginia Erosion and Sediment Control Handbook.



              September 1995                                                                          7-8








                                    State Program Review for Hydromodification Management Measures


               MANAGEMENT MEASURE COMPLIANCE


               Virginia has several programs that maintain and improve the physical and chemical
               characteristics of surface waters threatened by channelization and channel
               modifications. At, the core of the programs are the Virginia Water Protection Permit
               Program and the Submerged Lands Management Program. Both of these programs are
               regulatory in nature, contain state enforceable policies, and are appi         icable st  atewide.

               The Floodplain Management Program, Stormwater Management Pro                   gram, and Scenic
               Rivers Program add to the protection offered by the above mentioned statewide
               programs in their limited or local coverage areas. The Scenic Rivers Program is
               especially powerful in protecting unspoiled waterbodies which have been designated
               as Scenic Rivers.


               The Virginia Water Protection Permit and the Submerged Lands Management Programs
               meet or exceed the requirements of the management measure. Other programs
               provide further protection of physical and chemical characteristics of surface water
               within the Commonwealth.



               CHANNELIZATION AND CHANNEL MODIFICATION
               B.      Instream and Riparian Habitat Restoration

                       (1)     Evaluate the potential effects of proposed channefization and
                               channel modification on instream and riparian habitat in coastal
                               areas;


                       (2)     Plan and design channelization and channelmoditication to reduce
                               undesirable impacts; and

                       (3)     Develop an operation and maintenance program with specific
                               timetables for existing modified channels that includes
                               identification of opportunities to restore instream and riparian
                               habitat in those channels.


               Applicability:  "This management measure is intended to apply to any proposed channelization or
               channel modification project to determine changes in instrearn and riparian habitat and to existing
               modified channels to evaluate possible improvements to instream and riparian habitat."



               APPLICA13LE STATE PROGRAMS



               September 1995                                                                                 7-9









                                 State Program Review for Hydromodification Management Measures


                jepartment of Conservation and Recreation

                      Floooplain Management Program (Sec. 10.1-602, et seq. of thE: Code of
                Virginia)

                      Channel modifications require a local government permit for hydraulic
                      evaluation. Channel relocations, effects of debris removal, and flood capacity
                      studies must be coordinated with the state National Flood   Insurance   Program
                      (NFIP) coordinator. Under the NFIP Community Rating System, flood       capacity
                      as well as habitat impacts are encouraged a!; part of a multi-objectiva planning
                      process.



                      Scenic Rivers Act (Sec. 10. 1 -400 through 10. 1 -418 of the Code cf Virginia)

                      The Department of Conservation and Recreation reviews arid makes
                      recommendations to regulatory agencies     proposals for land and water uses
                      which have the p otential to change the character of streams or waterways or
                      destroy scenic values of rivers designated as scenic.



               Department of Environmental Quality

                      Virginia Water Protection Permit Act (Sec. 62.1-44.15.5 of the Code of
               Virginia)

                      Department of Environmental Quality, Water Division staff review the design of
                      all channelization/channel modification projects and recommend or require
                      changes to projects to reduce potential water quality impacts. Projects with
                      potential impacts to aquatic habitat may require further modelling andadditional
                      best management practices (BMPs) to ensure protection of aquatic habitat. Pre
                      and post construction water quality and biological monitoring may be required.


               Department of Game and Inland Fisheries

                      Virginia Endangered Species Act
                      (Sec. 29-230 through 29-237 of the Code of Virginia)

                      The Virginia Endangered Species Act, proh!bits actions which would harass or
                      harm a state or federally listed endangered or threatened species, including


               September 1995                                                                         0








                                State Program Review for Hydromodification Management Measures


                    significant habitat modifications or degradation, or other intentional or negligent
                    acts or omissions which kill or injure wildlife by significantly impairing essential
                    behavior patterns including breeding, feeding or sheltering. The Department
                    Game and Inland Fisheries administers the Virginia Endangered Species Program
                    which provides consultatory comments to regulatory agencies issuing permits
                    which may affect endangered or threatened species, and by the investigation
                    and prosecution of violations. Permits required for channelization and channel
                    modification projects require consultation with the Department Game and"Inland
                    Fisheries to help ensure the protection of these resources.


             Virginia Marine Resources Commission (VMRC)

                    Submerged Lands Management Program
                    (Sec. 28.2-1200 through 28.2-1213 of the Code of Virginia)

                    The Virginia Marine Resources Commission administers the Submerged Lands
                    Permitting Program throughout the Commonwealth. In non-tidal areas, this
                    program applies to waterways with flows greater than five cubic feet per
                    second (CFS) or drainage areas greater than five square miles.

                    Permits are issued through a Joint Permit review process involving local, state
                    and federal agencies. Permits are reviewed based on compliance with statutory
                    requirements as well as advisory assistance provided by cooperating state and
                    federal agencies. Advisory agencies include the Department of Environmental
                    Quality, the Department of Conservation and Recreation, the Department of
                    Health and the Department of Game and Inland Fisheries. Impacts on water
                    quality, water quantity, habitat and aquatic resources as well as affects on
                    adjacent properties are considered during the permit review. Best management
                    practices are included in permits when applicable as are requirements for
                    minimum flows and fish passage. Permits may also require compliance with
                    erosion and sediment control practices included in the 1992 Virginia Erosion
                    and Sediment Control Handbook.



             MANAGEMENT MEASURE COMPLIANCE


             Virginia has several programs which help maintain, improve and evaluate instream and
             riparian habitat of surface waters threatened by channelization and channel
             modifications. The Virginia Water Protection Permit Program and the Submerged
             Lands Management Program are state enforceable programs that are applicable


             September 1995                                                                         T__1 _1









                                      State Program Review for Hydromodifica         tion Managemeni Measures


                  statewide.


                  Where applicable, the Floodpiain Management Program, the Endangered Species Act
                  and the Scenic Rivers Program provide additional protection to habitat resources. The
                  Scenic Rivers Program is especially powerful in protecting high quality, unspoiled
                  waterbodies which have attained Scenic River de:3ignation.

                  The Virginia Water Protection Permit Program and Ihe Submerged Lands Management
                  Program provide state enforceable mechanisn-s required to comply with the
                  requirements of the Instrearn and Riparian Habitat Restoration Management Measure.



                  DAMS
                  A.      Erosion and Sediment Control


                          (1)    Reduce erosion and, to the extentpra cticable, retain sedimer, t on-
                                 site during and after construction, a,,id

                          (2)    Prior to land disturbance, prepare and implement' an approved
                                 erosion and sediment control p/ar7 or similar administrative
                                 document that contains erosion and sediment control provisions.


                  Applicability: "This management measure is intended to be applied by States to the c:)nstruction of
                  new dams, as well as to construction activities associat,.-d with the maintenance ol' dams .... This
                  measure also does not apply to projects that fall under NPDES jurisdiction."



                  Applicable State Programs

                  Chesapeake Bay Local Assistance Department

                          Chesapeake Bay Preservation Act
                          (Sec. 10. 1 -2100, et seq. of the Code of Virginia)
                          Chesapeake Bay Preservation Designation and Management Regulations
                          (VR 173-02-0 1)

                          Section 4.2.6 of the Regulations expands the application of, and requires
                          compliance with, the Erosion and Sediment Control Law (Sec 10. 1 @-560, et seq.
                          of the Code of Virginia). The disturbance threshold for regulated land disturbing
                          activities is reduced from 10,000 square feet to 2,500 square feet. This
                          performance criteria further extends the erosion and- sediment control


                  September 1995                                                                                   7-12








                                state Program Review for Hydromodification Management Measures

                     requirements to the construction of all singl'e family houses, septic tanks and
                     drainfields within Chesapeake Bay Preservation Areas (CBPAs). These activities
                     were previously not considered land disturbing activities.'

                     Section 4.2.4 further requires that development involving land disturbances
                     exceeding 2,500 square feet go through a site plan review process in
                     accordance with ï¿½ 15.1-491 (h) of the Code of Virginia.

                     Section 4.2.11 requires that evidence of all applicable permits regarding
                     wetlands be provided prior to the authorization of grading or other on-site
                     activities.


                     Although the program does     not directly address the quality of stormwater, it
                     does, as mentioned previously, expand the application of the Erosion and
                     Sediment Control Law, Section 1-5.19 of the Erosion and Sediment Control
                     Regulations (VR 625-02-00) provides criteria for the control of stormwater
                     quality.

                     Section 10.1-5563.A of the Erosion and Sediment Control Law (Sec. 10.1-
                     560, et seq. of the Code of Virginia) requires the submittal, review, and
                     approval of an erosion and sediment control plan prior to beginning a land
                     disturbing activity. Section 10.1-565.requires that no other permit be issued
                     prior to approval of the erosion and sediment control plan.

                     Section 5.6.C requires localities  to revise or develop the review process for
                     development within CBPAs which would apply the Erosion and Sediment
                     Control Law provisions.



              Department of Conservation and Recreation

                     Dam Safety Act (Sec. 10. 1 -604, etseq. of the Code of Virginia)

                     For dams with a height greater than 25 feet and a storage volume greater than
                     50 acre-feet, an Operation and Maintenance Plan is required.            For dam
                     construction projects which disturb greater than 10,000 sq. ft. of land, an
                     Erosion and Sediment Control plan is also required.



                     Erosion and Sediment Control Law (Sec. 10.1-560, et seq. of the Code of
                     Virginia)


              September 1995                                                                        7-13









                                State Program Review for Hydrorr7odification Management Measures


                     Dam construction projects disturbing greati)r than 10,000 sq. ft. are required
                     to develop an erosion and sediment control plan.        The plan must utilize
                     practices available in the 1992 Virginia Erosion and Sedimeat Control
                     Handbook.     State sponsored projects arE. reviewed and approved by the
                     Department and private projects are reviewed and approved by the local
                     government with Department oversight. ThE. Erosion and Sediment Control Law
                     is applicable statewide.



              Department of Environmental Quality

                     Virginia Water Protection Permit Act (Sec. 62.1-44.15.5 of the Code of
              Virginia)

                     All Virginia Water Protection  Permit permits issued by the Department of
                     Environmental Quality require compliance with the 19@2 Virginia E,-osion and
                     Sediment Control Handbook. Additional requirements may be added as a result
                     of public review.


             Virginia Marine Resources Commission (VMRC)

                     Submerged Lands Management Program
                     (Sec. 28.2-1 @00 through 28.2-1213 of the Code of Virginia)

                     The Virginia Marine Resources Commission administers the Submerged Lands
                     Permitting Program throughout the Commonwealth. This program'applies to
                     waterways with flows greater than five cubic feet per second (CFS) or drainage
                     areas greater than five square miles.

                     Permits are issued through a Joint Permit review process involving local, state
                     and federal agencies. Permits are reviewed based on compliance with statutory
                     requirements as well as advisory assistance provided by cooperating state and
                     federal agencies. Advisory agencies include the Department of Environmental
                     Quality, the Department of Conservation and Recreation, the Department of
                     Health and the Department of Game and Inland Fisheries. Impacts on water
                     quality, water quantity, habitat and aquatic resources as well as Effects on
                     adjacent properties are considered during the permit review. Best management
                     practices are included in permits when applicable, as are requirements for
                     minimum flows and fish passage. Permits may also require compliance with
                     erosion and sediment control practices included in the 1992 Virginia Erosion


             September 1995                                                                      7-14









                                State Program Review for Hydromodification Management Measures


                     and Sediment Control Handbook.



              MANAGEMENT MEASURE COMPLIANCE


              Virginia has several programs which address dam erosion and sediment control. The
              Dam Safety Act, the Erosion and Sediment Control Law, the Chesapeake Bay
              Preservation Act, and the Virginia Water Protection Permit, are state enforceable
              programs. Enforcement actions may involve administrative hearings and/or judicial
              civil proceedings.

              Collectively these state enforceable programs meet or exceed the requirements of tile
              specified management measure state wide.



              DAMS


              B.     Chemical and Pollutant Control


                     (1)    Limit application, generation, and migration of toxic substances;

                     (2)    Ensure the proper storage and disposal of toxic materials; and

                     (3)    Apply nutrients at rates necessary to establish and maintain
                            vegetation without causing significant nutrient runoff to surface
                            wa ters.


              Applicability: "This management measure is intended to be applied by States to the construction of
              new dams, as well as to construction activities associated with the maintenance of dams .... This
              management measure addresses fuel and chemical associated with dam construction, as well as
              concrete washout and related construction activities."



              Applicable State Programs

              Chesapeake Bay Local Assistance Department

                     Chesapeake Bay Preservation Act
                     (Sec. 10. 1-2100, et seq. of the Code of Virginia)
                     Chesapeake Bay Preservation Designation and Management Regulations
                     (VR 173-02-0 1)



              September 1995                                                                     7-15









                                 State Program Review for Hydromodification Management Measures


                     An aspect of the program that increases the distance separating pollutant-
                     generating activities from surface waters is the designation of the Resource
                     Protection Area (RPA).' Section 3.2.A of the Regulation's states:      1                  -1
                            "Resource Protection Areas (RPA's) siall consist of sensitive lands
                            at or near the shoreline that have an intrinsic water quality value
                            due to the ecological and biological processes they perform or are
                            sensitive to impacts which may cause significant degradatior, to"'
                            the quality of state waters."


                     The RPA includes tidal wetlands, nonticlal wetlands contiguous to tidal
                     wetlands, tidal shores, other lands deemed to be significant in the protection
                     of state waters, and a buffer area not less -than 100 feet in width -adjacent to
                     the previously mentioned land types and all -edevelopment of existing facilities
                     provided these activities adhere to the special and additional performance
                     standards described in ï¿½ 4.3.A. I and 2. All non-water-dependent components
                     of the development however, must be located outside the RPA. Darns are not
                     considered "water-dependent" and are not allowed "by right" in RFA's.

                     Section 4 .2.6 of the Regulations expands 1:he application of the Erosion and
                     Sediment Control Law (Sec. 10.1-560, et seq. of the Code of VJ@ginia) by
                     reducing the d *isturbance threshold for regulated land disturbing activities from
                     10,000 square feet to 2,500 square feet. The Virginia Erosion and Sediment
                     Control Handbook provides the standards and specifications regarding
                     appropriate measures, including guidance co ncerriing nutrient management and
                     controlling runoff from stockpiled soil.


             Department of Conservation and Recreation

                     Erosion and Sediment Control Law
                     (Sec. 10. 1 -560, et seq. of the Code of Virginia)

                     Dam construction projects disturbing greater than 10,000 square feet require
                     an erosion and sediment control plan utilizing measures contained in the 1992
                     Virginia Erosion and Sediment Control Hanobook. Vegetative filter strips and
                     other best management practices using vagetation to prevent erosion and
                     control sedimentation are contained in the Handbook. These practices also
                     control nutrient runoff and help limit application, generation, and migration of
                     toxic substances during dam construction.


             September 1995                                                                       7-1









                                State Program Review for Hydromodification Management Measures




              Department of Environmental Quality

                     Solid Waste Management Regulations
                     (Sec. 62.1-194, et seq. of the Code of Virginia) (VR 762-20- 10)

                     The Solid Waste Management Regulations Program is administered by the
                     Department of Environmental Quality.

                     Section 10. 1 - 1408. 1.A of the Virginia Waste Management Act (9 10. 1 - 1400,
                     et seq. of the Code of Virginia) states that no person shall operate any sanitary
                     landfill or other facility for the disposal, treatment or storage of nonhazardous
                     solid waste without a permit from the Director of the Waste Division,
                     Department of Environmental Quality.

                     The law further states that: (1) no person shall dispose of solid waste in open
                     dumps (ï¿½ 10. 1 - 1408. 1.G, Code of Virginia); (2) no person shall own, operate,
                     or allow to be operated on his property an open dump (ï¿½ 10.1-1408. 1.H, Code
                     of Virginia); and (3) no person shall allow waste to be disposed of on his
                     property without a permit (ï¿½ 10.1-1408.1.1,'Code of Virginia).

                     Construction and demolition waste (lumber, wire,. sheetrock, broken brick,
                     shingles, glass, pipes, concrete, paving materials and metal and plastics if the
                     metal and plastics are part of the materials of construction or empty containers
                     for such materials); debris waste (stumps, wood, brush, leaves, soil, and road
                     spoils from land clearing operations); and inert waste (rubble, concrete, broken
                     bricks, bricks, and blocks) may be disposed of in a construction/demolition
                     debris landfill, a sanitary landfill, or an industrial waste landfill.

                     Refuse and scrap metal may be disposed of in a sanitary landfill. Solid wastes
                     which are defined as hazardo     US wastes by the Virginia Hazardous Waste
                     Management Regulations (VR 672- 10- 1) must be managed in accordance with
                     those regulations. Persons who generate less than 100 kilograms of hazardous
                     waste per month are conditionally exempt pursuant to ï¿½ 3.2 of the Virginia
                     Hazardous Waste Management Regulations. These hazardous wastes may be
                     managed in solid waste management facilities in accordance with ï¿½ 2.10.2 of
                     the Solid Waste Management Regulations.

                     Part V of the regulations specifies siting, design, construction, operation, and
                     closure requirements for sanitary landfills (ï¿½ 5.11), CDD landfills (ï¿½ 5.2) and


              September 1995                                                                        7-17









                                State Program Review for Hydromodification Managemenr Measures


                     industrial waste landfills (ï¿½ 5.3).

                     The Virginia Waste Management Board is aUthorized to iss    ue orders to require
                     any person to comply with the provisions of the law, regulations and conditions
                     of a permit or certification. Enforcement options specified in the law include
                     criminal penalties, civil penalties, and civil charges 0 10.1-1455, Code of
                     Virginia).

                     These requirements are mandatory statewide.



                     State Water Control Law (Sec. 62.1-44.2, et seq. of the Code of Virginia)

                     The State Water Control Law (ï¿½ 62.1-44.2, et seq. of the Code of Virginia)      is
                     administered by the Department of Environmental Quality. Section 62.1-
                     44.34:18 of the law prohibits the dischargE@ of oil into or upon state waters,
                     lands, or storm drainage systems within the Commonwealth. Any person
                     responsible for a discharge of oil to state waters, lands, or storm drain systems
                     must implement any applicable oil spill contingency plan or take the -iecessary
                     action to contain and clean up the discharge. The person discharging, causing,
                     or permitting a discharge of oil shall be liable for the costs to the
                     Commonwealth or any political subdivision for investigation, contain:-nent, and
                     cleanup; property damage; the loss of tax or other revenues'; and tie loss of
                     natural resources that cannot be restocked, replenished, or restored.

                     The State Water Control Board is authorized to issue special   orders to require
                     any person to cease and desist from causing or permitting a violation or to
                     comply with the provisions of the law, regulations and conditions of approval.
                     Enforcement options specified in the law include criminal penalties and civil
                     penalties (ï¿½ 62.1-44:134:20, Code of Virginia).



             Virginia Water Protection Permit Act (Sec. 62.1-44.15.5 of the Code of Virginia)

                     The Virginia Water Protection Permit Act (V%VPP) permitting program requires
                     that permittees take all necessary steps to prevent contaminatior, of state
                     waters. This program prohibits the introduction of contaminants or o-ther trash
                     to state waters, and specific permit requirements can be added to maintain
                     water quality. Conditions requiring safe handling and storage of all chemicals
                     and proper debris disposal can be made part of this, permit. Permit conditions


             September 1995                                                                        7-18









                                 State Program Review for Hydromodification Management Measures


                      requiring the application of best management practices can also be added to the
                      VWPP permit.



              Virginia Department of Agriculture and Consumer Services

                      Virginia Pesticide ControlAct (Sec. 3.1-249.27, etseq. of the Code of Virginia)

                      The Virginia Pesticide Control Act (9 3.1-249.27, et seq.          of the   Code of
                      Virginia) and the regulations promulgated under its authority have the effect of
                      implementing in Virginia the Federal Insecticide, Fungicide and Rodenticide Act
                      (FIFRA) as well as providing to the Virginia Pesticide Control Board (Board)
                      additional powers relating to regulating pesticide use. Under the authority of
                      the Act and FIFRA, the Board has promulgated regulations establishing certain
                      mandatory programs, including Pesticide Applicator Certification and Pesticide
                      Business Licensing, as well as establishing voluntary programs, such as the
                      Pesticide Disposal Program and the Pesticide Container Recycling Program.
                      Under the authority of FIFRA and in agreement with EPA, the Board's staff will
                      develop pesticide management plans for groundwater. Collectively, these
                      programs regulate who and how pesticides will be used in the state by
                      enforcing the federal label requirements and requiring training and licensing of
                      individuals and businesses that apply pesticides.

                      In addition to implementing FIFRA, the Board has the power to ban or restrict
                      the use of a pesticide based on its potential to harm the environment (ï¿½ 3. 1 -
                      249.31, Code of Virginia). A comparison of the general powers of the federal
                      and Virginia law to restrict or ban the use of a pesticide based on its potential
                      to cause environmental harm suggests that the Act gives the Board broader
                      powers than those granted to EPA under FIFRA.

                      Section 3.1-249.52 of the Virginia Pesticide Control Act requires that
                      commercial applicators be certified in accordance with the Regulations
                      Governing Pesticide Applicator Certification Under Authority of Virginia
                      Pesticide Control Act, VR 115-04-23 adopted by the Board. Certifications must
                      be renewed biennially.

                      Pesticide labels provide the legal framework for the use of the product. Under
                      federal and Virginia law no product may be used in a manner inconsistent with
                      its label's requirements. It is unlawful to dispose of containers or unused
                      portions of pesticide in a manner inconsistent with label directions or Board
                      regulations 0 3.1-249.64, Code of Virginia). Labels contain information on


              September 19,95                                                                           7-19









                                 State Program Review for Hydromodification Management Measures


                      application rates, timing of application, aind other environmental concerns and
                      can sometimes address calibration requirements.

                      Certain Virginia regulations require that application equipment be in good
                      working order and properly calibrated. Furthermore, these regulations require
                      the use of backflow preventers to protect water supply systems, lakes, other
                      sources of water or other materials. Violation of these regulations triggers
                      enforcement under the authority of the Act.

                      Violations of the Virgin ia Pesticide Control Act can result in revocation or
                      suspension of licenses and or assessment of penalties.         Enfcrcement is
                      administered   through    10 regional offices with investigation          staffs.
                      Unannounced, random field inspections ot applications are utilized-



               Virginia Marine Resources Commission (VMRC)

                      Submerged Lands Management Program
                      (Sec. 28.2-1200 through 28.2-1213 of the Code of Virginia)

                      The Virginia Marine Resources Commissio-1 administers the Submerged Lands
                      Permitting Program throughout the Comn-onwealth. This program applies to
                      waterways with-flows greater than five cubic feet per second (CFS) or drainage
                      areas greater than five square miles.

                      Permits are issued through a Joint Permit review process involving local, state
                      and federal agencies. Permits are reviewec based on compliance w-th statutory
                      requirements as well as advisory assistance provided by cooperating state and
                      federal agencies. Advisory agencies include the Department of Environmental
                      Quality, the Department of Conservation and Recreation, the Department of
                      Health and the Department of Game and Inland Fisheries. Impacts on water
                      quality, water quantity, habitat and aquatic resources as well a:5 affects on
                      adjacent properties are considered during the permit review. Best management
                      practices are included in permits when applicable as are requirements for
                      minimum flows and fish passage. Permits may also require compliance with
                      erosion and sediment control practices included in the 1992 Virginia Erosion
                      and Sediment Control Handbook.



               MANAGEMENT MEASURE COMPLIANCE



               September 1995                                                                      7-20








                                  State Program Review for Hydromodification Management Measures


              Virginia has several state enforceable programs which apply to the Chemical and
              Pollutant Control management measure. These programs include the Erosion and
              Sediment Control Law, Virginia Water Protection Permit and Submerged Land
              Management Program, Solid Waste Management Regulations, the State Water Control
              Law, and the Virginia Pesticide Control Law.             In addition, the Chesapeake Bay
              Preservation Act addresses nutrient management within the Chesapeake Bay
              watershed of Tidewater Virginia. Other state programs add to the protection offered
              by these state enforceable programs.
              The requirements for the 'disposal, storage and treatment of construction debris, refuse
              and scrap metal are established in the Waste Management Act and the Solid Waste
              Management Regulations. Landfills must comply with the siting, design, construction,
              operation, and closure requirements established in the regulations. For construction
              debris and refuse, these requirements meet the management measure.

              The Pesticide Control Act and attendant regulations establish requirement@ for the
              application and disposal of pesticides. Commercial applicators must be certified by
              the Virginia Pesticide Control Board and the Board has the authority to ban or restrict
              the use of certain pesticides.           For pesticides, these requirements meet the
              management measure.
              When' all of the above programs are consi      dered as a package, the Commonwealth of
              Virginia meets the requirements of the management measure within the coastal
              management zone.



              DAMS
              C.     Protection of Surface Water Quality and Instream and Riparian Habitat

                     Develop and implement a program to manage the operation of dams in
                     coastal areas that includes an assessment of:


                     (1)     Surface water quality and instream and riparian habitat and
                             potential for improvement and

                     (2)     Significant nonpoint source pollution problems that result from
                             excessive surface water withdrawals,


              Applicability: "This management measure is intended to be applied by States to the construction of
              new dams, as well as to construction activities associated with the maintenance of dams .... This
              measure also does not apply to projects that fall under NPDES jurisdiction."



              September 1995                                                                                7-21









                                 State Program Review for Hydromodification Management Measures


                An0l.c.ableSta" Programs
                nipartment of Conservation and Recreation

                      Agricultural BMP Cost-Share Program
                      (Sec. 10. 1-500 et seq. of the Code of Virginia)

                      The Agricultural Best Management Practices (BMPs) Cost-Share Prograim is a
                      voluntary program which provides financial incentives to landowners for
                      voluntary implementation of BMPs in order to improve water quality. Cost-
                      share assistance is available for woodland buffers and vegetated filter strips  '
                      stream protection, and vegetative stabilizatiz)n of marsh fringe areas. In order
                      to minimize potential water quality impacts, recipients of Agricultural Best
                      Management Practices Cost-Share assistance are required to main*-i:ain BMPs.


                      Dam Safety Act (See. 10. 1 -6,04, etseq. o f the Code of Virginia)

                      For dams with a- height greater than 25 feet and a storage volume greater than
                      50 acre-feet, an Operation and Maintenance Plan is required. in addition        '
                      restrictions and requirements may be imposed at time of permit or
                      recertification. These requirements and restrictions can address water quality
                      and riparian habitat. An erosion and sediment control plan is also required, if
                      greater than 10,000 sq. ft. of land disturbarce, before a constructicn permit is
                      issued for a new dam.



                      Scenic Rivers Act (See, 10. 1 -400 through 10. 1 -418 of the Code of Virginia)

                      The Department of Conservation and Recreation reviews and makes
                      recommendations to regulatory agencies reciarding all proposals for 1he use and
                      development of water and land related resources or other uses which have the
                      potential to change the character of a strearn or waterway or destroy the scenic
                      value of designated scenic rivers. Full consideration and evaluation of the river
                      as a scenic resource will be given before channel modification proposals are
                      approved.

                      The Scenic Rivers Act is applicable statewide to those waterbodies designated
                      as scenic rivers by an Act of the Virginia General Assembly. Approximately
                      225 miles of Virginia waterways have been designated as scenic river



              September 1995                                                                          2








                                  State Program Review for Hydromodification Management Measures


               Department of Environmental Quality

                       Virginia Water Protection Permit Act (Sec. 62.1-44.1         5.5 of the Code of
                       Virginia)

                       Permits issued for dam construction include provisions for lessening the impact
                       of impoundments on water quality. Best management practices (BMPs) can be
                       required in the watershed of a stream or river to help improve water @uality
                       entering an impoundment. Fish passage systems are required as a permit
                       condition for streams with anadromous fish.             Minimum instream flow
                       requirements are also specified as permit conditions.


               Department of Game and Inland Fisheries

                       Virginia Endangered Species Act
                       (Sec. 29-230 through 29-237 of the Code of Virginia)

                       The Virginia Endangered Species Act, prohibits actions which would harass or
                       harm a state or federally listed endangered or threatened species, including
                       significant habitat modification's or degradation, or other intentional or negligent
                       acts or omissions which kill or injure wildlife by significantly impairing essential
                       behavior patterns including breeding, feeding or sheltering. The Department
                       Game and Inland Fisheries administers the Virginia Endangered Species Program
                       which provides consultatory comments to regulatory agencies issuing permits
                       which may affect endangered or threatened species, and by the investigation
                       and prosecution of violations. Permits required*for channelization and channel
                       modification projects require consultation with the Department Game and Inland
                       Fisheries to help ensure the protection of these resources.



               Virginia Marine Resources    Commission (VMRC)

                       Submerged Lands Management Program
                       (Sec. 28.2-1200 through 28.2-1213 of the C      ode of Virginia)

                       The Virginia Marine Resources Commission administers the Submerged Lands
                       Permitting Program throughout the Commonwealth. This program applies to
                       waterways with flows greater than five cubic feet per second (CFS) or drainage
                       areas greater than five square miles.



               September 1995                                                                           7-23









                                State Program Review for Hydron7odification Managemem' Measures


                    Permits are issued through a Joint Permit review process involving local, state
                    and federal agencies. Permits are reviewed based on compliance with statutory
                    requirements as well as advisory assistance provided by cooperating state and
                    federal agencies. Advisory agencies includE@ the Department of Environmental
                    Quality, the Department of Conservation and Recreation, the Department of
                    Health and the Department of Game and Inland Fisheries. Impacts on water
                    quality, water quantity, habitat and aquatic resources as well as affects on
                    adjacent properties are considered during thEi permit review. Best management
                    practices are included in permits when applicable as are requirements for
                    minimum flows and fish passage. Permits -nay also require compliance with
                    erosion and sediment control practices included in the 1992 Virginia Erosion
                    and Sediment Control Handbook.



             MANAGEMENT MEASURE COMPLIANCE


             Virginia has several state enforceable programs which help ensure that dam
             maintenance and operation does not adversely affect surface water quality and
             instream and riparian habitat. These programs are the Virginia Water Protection Permit
             Program and the Submerged Lands Management Program, Virginia Endangered
             Species and Dam Safety Act. These programs apply statewide and can be enforced
             through water quality and habitat protection permit conditions specified during dam
             construction or recertification.


             The Scenic Rivers and the Agricultural BMP Cost-Share Programs add to the protection
             offered by the above mentioned state enforceable programs. The Scenic Rivers
             Program is especially powerful in protecting the particularly high quality, unspoiled
             waterbodies which have attained the Scenic River designation.

             When all of the above progfams are considered as a package, the Commonwealth of
             Virginia meets the requirements of the management measure throughout the coastal
             management zone.




             STREAMBANK AND SHORELINE EROSION
             A.     Eroding Streambanks and Shorelines

                    (1) Where streambank or shoreline erosion isa nonpoint source pollution
                    problem, streambanks and shorelines shouldbe stabilized. Vegetat(ve
                    methods are strongly preferred unless strucuiral methods are more cost-


             September 1995                                                                      7-24








                               State Program Review for Hydromodification Management Measures


                     effective, considering the severity of wave a'nd wind erosion, offshore
                     bathymetry, and the potential adverse impact on other streambanks,
                     shorelines, and offshore areas.

                     (2) Protect streambank and shoreline features with the potential to
                     reduce NPS pollution.

                     (3) Protect streambanks andshorefines from erosion due to uses of eith-e@'
                     the shorelands or adjacent surface waters.


              Applicabilily: "This management measure is intended to be applied by States to eroding shorelines in
              coastal rivers and creeks-that constitute an NPS problem in surface waters. It is not intended to
              hamper the efforts of any States or localities to retreat rather than to harden the shoreline."



              Applicable State Programs

              Chesapeake Bay Local Assistance Depairtment

                     Chesapeake Bay Preservation Act
                     (Sec. 10. 1 -2100, et seq. of the Code of Virginia)
                     Chesapeake Bay Preservation Designation and Management Regulations
                     (VR 173-02-0.1)


                     The Chesapeake Bay Preservation Area Designation and Management
                     Regulations (V 173-02-0 1) specify eleven performance criteria (ï¿½ 4.21' that
                     apply to proposed development activities on land within Chesapea.ke Bay
                     Preservation Areas.


                     One designation is that of the Resource Protection Area (RPA). Section 3.2.A
                     of the Regulations siates:

                            "Resource Protection Areas (RPAs) shall consist of sensitive lands
                            at or near the shoreline that have an intrinsic water quality value
                            due to the ecological and biological processes they perform or are
                            sensitive to impacts which may cause significant degradation to
                            the quality of state waters."
                     The RPA includes tidal wetlands, nontidal wetlands contiguous to tidalsnores,
                     other lands deemed to be significant in the protection of state waters, and a
                     buffer area, not less than 100 feet in 'width adjacent to the previously


              September 1995








                                 State Program Review for Hydromodification Management Measures


                     ,mentioned land types and all tributary streams. Development in the RPA is
                     limited to water dependant facilities or the redevelopment of existing facilities
                     provided these activities adhere to the performance standards described in
                     ï¿½4.3.A. 1 and 2. These restrictions establish a minimum set-back requirement
                     and create a buffer zone to reduce concentrated flows and promote infiltration
                     of surface runoff in areas adjacent to the shoreline. However, shoreline erosion
                     control projects may be constructed within the RPA according to the best
                     available technical advice and applicable permit conditions (ï¿½ 4.3.B. 1 '.d). The
                     regulations do not establish a pref@rred hierarchy of best management
                     practices, nor are protective devices reqUirEd.

                     In addition, ï¿½ 5.6.A of the Regulations requires that local governments within
                     Tidewater Virginia review and revise their comprehensive plans to address the
                     quality of state waters. Shoreline erosion problems and the proper location of
                     shoreline erosion control structuresmust be specifically addressed.

                     This program is implemented through 84 local governments in the coastal plain
                     region of the state. The program covers the Chesapeake Bay drainage area
                     portion of the coastal zone management area. Designation of the Chesapeake
                     Bay Preservation Area (CBPAs) does not cover the entire region as s :)me local
                     governments did not designate their entire jurisdiction.       The DE!partment
                     estimates that 80 percent of all lands within Tidewater Virginia are designated
                     CBPA.


                     This program is enforced at the state level by CBLAB, a nine member citizen
                     board.   CBLAB's consistency review process provides procedures for the
                     detection of non-compliance in local programs. If a local program is found not
                     in compliance with the Act, action including administrative hearings and/or
                     judicial proceedings can be initiated. CBLAD also monitors local implernentation
                     and enforcement of @he Act through land use management tools such as the
                     comprehensive plan, zoning ordinance and Eubdivision ordinance.


             Department of Conservation and Recreation

                     Agricultural BMP Cost-Share Program

                     The Agricultural BIVIP Cost-Share Program is a voluntary program which
                     provides financial incentives to landowners for voluntary implemertation of
                     BIVIPs in order to improve water quality. Program participants are required to
                     develop a conservation plan which should include measures to address all


             September 1995                                                                       7-2









                                 State Program Review for Hydromodification Management Measures


                      sources of erosion: shoreline, streambank or other. Cost-share is available for
                      stream protection and vegetative stabilization of marsh fringe areas. Each BMP
                      has a specific minimum life span and the recipient is obligated to maintain the
                      practice throughout its entire minimum life span.



                      Erosion and Sediment Control Law
                      (Sec. 10. 1-560, et seq. of the Code of Virginia)

                      Projects disturbing greater than 10,000 sq. ft. are required to develop an
                      erosion and sediment control plan. The plan must utilize practices available in
                      the 1992 Virginia Erosion and Sediment Control Handbook. State sponsored
                      projects are reviewed and approved by the Department and private pr-ojects are
                      reviewed and approved by the local government.


                      Shoreline Erosion Advisory Service (SEAS) (Sec.     10.1-702 of the Code-of
                      Virginia)

                      The Shoreline Erosion Advisory Service works with private property owners to
                      provide technical advice on how to control shoreline erosion. The program-
                      promotes environmentally sound practices for shoreline erosion control. SEAS
                      provides advice on structural and nonstructural methods of protecting the
                      property. SEAS recommendations are given considerable weight by permitting
                      agencies and often become permit conditions. DCR maintains a support
                      contract with the Virginia Institute of Marine Sciences to provide project
                      specific technical assistance as needed.


               Department of Environmental Quality

                      Virginia Water Protection Permit Act (Sec. 62.1-44.15.5 of the Code of
               Virginia)

                      A Virginia Water Protection Permit (VWPP) is generally required to implement*
                      shoreline or stre'ambank erosion control measures.          Specific types of
                      stabilization projects may not require permits. DEQ staff works with property
                      owners to determine if vegetative methods will protect the property. Permits
                      may be conditioned to require vegetative methods prior to the use of structural
                      methods, and vegetative methods are encouraged.            Erosion control is
                      implemented on a voluntary basis by property owners and no mechanism exists


               September 1995                                                                      7-27








                                State Program Review for Hydron7odification Managemeni Measures


                     for the Department of Environmental Quality to require property pr,:.)tection.


             Department of Game and Inland Fisheries

                     Virginia Endangered Species Act
                     (Sec. 29-230 through 29-237 of the Code of Virginia)

                     The Virginia Endangered Species Act, prohibits actions which would harass or
                     harm a state or federally listed endangered or threatened species, including
                     significant habitat modifications or degradation, or other intentional or negligent
                     acts or omissions which kill or injure wildlife by significantly impairing essential
                     behavior patterns including breeding, feeding or sheltering. The Department
                     Game and Inland Fisheries administers the Virginia Endangered Specie@3 Program
                     which provides consultatory comments to regulatory agencies issuing- permits
                     which may affect endangered or threatened species, and by the investigation
                     and prosecution of violations. Permits required for streambank or shoreline
                     erosion control projects require consultation with the Department Game and
                     Inland Fisheries to help ensure the protection of these resources.


             Virginia Marine Resources Commission (VMRC)

                     Coastal Primary Sand Dunes Management
                     (Sec. 28.2-1400 through 28.2-1420 of the Code of Virginia)

                     Submerged Lands Management Program
                     (Sec. 28.2-1200 through 28.2-1213 of the Code of Virginia)


                     Tidal Wetlands Mana
                                          ,gement Program
                     (Sec. 28.2-1300 thrdugh 28.2-1320 of the Code of Virginia)

                     The VMRC administers the Submerged Lands, Tidal Wetlands and Coastal
                     Primary Sand Dunes/Beaches programs and is charged with the review of all
                                                                       of local wetlands boards. The
                     tidal wetlands and sand dune permit decisions
                     Tidal Wetlands program applies throughout         Tidewater, Virginia and each
                     Tidewater locality has the option of adopting the wetlands or dunes acts and
                     forming a wetlands board to review applications for use or development of tidal
                     wetlands or dunes. The Submerged Lands program applies state-wide to all
                     State-owned Submerged lands. Generally this would include waterways with
                     flows greater than five cubic feet per second (CFS) or drainage areas greater


             September 1995                                                                          7-28








                               State Program Review for Hydromodification Management Measures


                   than five square miles.

                   Permits are issued through a Joint Permit review process involving local, state
                   and federal agencies. Permits are reviewed based on compliance with statutory
                   requirements, Wetlands Guidelines, Subaqueous Guidelines, Coastal Primary
                   Sand Dunes/Reaches Guidelines and Mitigation/Compensation criteria as well
                   as recommended Best management practices. Advisory assistance is provided
                   by cooperating state and federal agencies. This includes comments from the
                   Department of Environmental Quality, the Department of Conservation and
                   Recreation, the Department of Health, the Department of Game and Inland
                   Fisheries and environmental impact information included in the VIMS Shoreline
                   Permit Application report prepared for each project.



            MANAGEMENT MEASURE COMPLIANCE


            No state enforceable programs exist to require property owners to protect the         'ir
            strearnbanks and shorelines from erosion which may cause nonpoint source pollution.
            State enforceable regulatory programs exist to protect streambank and shoreline
            features with the potential to reduce nonpoint source pollution. These programs
            include the Chesapeake Bay Preservation Program, the Coastal Primary Sand
            Dune/Beach Program, the Wetlands Management Program and the Virginia Water
            Protection Permit Program.       The Chesapeake Bay Preservation Act specifically
            addresses and regulates land uses in coastal areas which could impact shorelines and
            coastal waters.


            Programs exist to promote the voluntary protection of private property from shoreline
            and streambank erosion. Financial incentives are provided for nonstructural shoreline
            erosion control for agricultural lands through the Virginia Agricultural BMP Cost-Share
            Program. In addition, teclipical advisory services are offered through the Shoreline
            Erosion Advisory Service to encourage the proper installation of erosion control
            measures,


            Collectively, state regulatory and incentive programs comply with the requirements of
            the Eroding Streambanks and Shoreline     s Management Measure.









            September 1995                                                                       7-29








                                  State Program Review for Hydromodification Management Measures


               HYD RO MODIFICATIONS


               Channelization and Channel Modification


               A. Physical and Chemical
                  Characteristics of
                  Surface Waters                         Meets


               B. Instrearn and Riparian Habitat
                   Restoration                           Meets



               Dams


               A. Erosion and Sediment Control           Meets


               B. Chemical and Pollutant Control         Meets


               C. Protection of Surface Water Quality
                  and Instream and Riparian Habitat      Meet  s



               Streambank and Shoreline Erosion


               A. Eroding Streambanks and Shorelines     Meets























               September 1995                                                                          7-30













                          Management mezisures,
                      for wetlands,. riparian areas
               and vecretated treatment systems
                                  0-0-0. MW 0 =1 I I -- @ft













                                                   CHAPTER 8




               Management Measures for Wetlands, Riparian Areas,
                               and Vegetated Treatment Systems




              Wetlands comprise major portions of natural estuarine and riverine systems. Wetlands
              provide many ecological and socio-economic benefits including: water quality
              improvement, aquatic productivity, fish and wildlife habitat, shoreline erosion control,
              stormwater treatment, flood protection, recreation and economically valuable resources.
              Wetlands have been shown to be some of the most productive ecosystems on earth,
              producing more plant material per acre than the most productive farmland. As such
              wetlands, serve as the.base of the aquatic food chain in the Chesapeake Bay ecosystem.
              Wetlands also serve important habitat functions for fish and wildlife, such as spawning and
              nesting areas, nursery areas for young and shelter from predators. Studies have shown
              that almost two thirds of all commercially harvested fish and shellfish species are
              associated with wetlands at some point in their lives. Commercial fishing industries and
              recreational hunting and fishing interests are heavily dependant on wetlands.

              Another vitally important wetland function is water quality improvement. Wetlands occupy
              a strategic position between uplands and aquatic environments. This positioning provide
              wetlands the opportunity to trap and filter sediments and pollutants from upland runoff
              before they reach adjacent waters. Wetlands vegetation and root mass slow water flow
              which allows for the settlement and deposition of sediments and the associated nutrients
              and other pollutants. This same vegetation can utilize and recycle these trapped nutrients.
              In addition, some wetlands plants species have the ability to reduce other types of
              pollutants such as heavy metals and bacteria. Wetlands also act like sponges absorbing
              and temporarily storing flood waters. These flood waters are released on a more gradual
              basis minimizing flows downstream while providing water quality improvements.





              September 1995                                                                        8-1









                                      State Program Review for Wetlands Management Measures


             Work Group Assessment Process

             As noted in the previous chapter, the Hydromodificafion Work Group began meeting in
             May of 1993 to compare existing state programs to the management measures contained
             in Chapters 6 and 7 of the EPA Guidance Specifying Management Measures For Sources
             Of Nonpoint Pollution In Coastal Waters. The same approach was taken for analyzing
             the Wetlands, Riparian Areas, and Vegetated Treatment Systems Chapter as the
             Hydromodification Chapter.








































            September 1995                                                                 8-2







                                                                  Wetlands and Riparian Areas



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                                                    Virginia Water Protection Permit                                    x                x                x

                                                   Wetlands Boards Permit Program                                       x                x                x

                                                      Submerged Land. Regulation-                                       x                x                x

                                                            Sand Dune Law                                               x                x                x


                                                   Chesapeake Bay Preservation Act                                      x                                 x

                                                        Floodplain Management                                           x                x

                                                   Shoreline Erosion Advisory Service                                   x                x                x

                                                     Erosion and Sediment Control                                                                         x

                                                      Stormwater Management Act                                                                           x

                                                         Scenic River Program                                           x                x

                                                  Threatened and Endangered Species                                     x                x

                                                 Agricultuvat BMP Cost Share Program                                    X                x                x

                                                                                                                                                September 1995








                                          State Program Review for Wetlands Management Measures



               PROGRAM ASSESSMENT BY MANAGEMENT MEASURE

               The specified management measures for wetlands and riparian areas are identified and
               discussed in the section which follows. The management measures are presented as they
               appear in the program guidance issued by EPA and NOAA. Within the Wetlands, Riparian
               Areas, and Vegetated Treatment Systems chapter, there are three specified management
               measures. Applicable program descriptions are listed ;Jilphabetically and'groupEd together
               by the agency which administers them. In the compliance section which fo[ows, these
               descriptions, more consideration has been given to tha relative importance of each of the
               individual programs.

               This chapter identifies the requirements of each management measure, provides a brief
               program description of applicable state programs, and a discussion of how well these
               programs comply with the requirements of each management measure.                Program
               descriptions are not comprehensive; rather, they focus on aspects of state programs
               applicable to the specified management measures.           The. management measure
               compliance discussion describes coordination betweeri state programs and summarizes
               how well state programs meet management measure requirements.


               A.    Protection of Wetlands and Ripaiian Areas

                     Protect ftom adverse effects wetlands and fipa,qan areas that are servirg a
                     significant NPS abatement function and maintain this function wWe
                     protecting the other existing functions of these wetlands and riparian areas
                     as measured by characteristics such as vegetative composition and cover,
                     hydrology of surface water and ground water, geochemistry of the substrate,
                     and species composition.

               j@gplicabil "This management measure is intended to be applied by States to protect wetlands and riparian
               areas from adverse NPS pollution impacts."



               APPLICABLE STATE PROGRAMS


               Chesapeake Say Local Assistance Department

                     Chesapeake Bay Preservation Act (CBPA)


               September 1995                                                                      8-4








                                           State Program Review for Wetlands Management Measures


                      (Sec 10. 1-2100, et seq. of the Code of Virginia)
                      Chesapeake Bay Preservation Area Designation and Management Regulations (VR
                      173-02-01)

                      The Chesapeake Bay Preservation Area Designation and Management Regulations
                      (VR 173-02-01) specify eleven performance criteria (ï¿½ 4.2) that apply to proposed
                      development activities on land within Chesapeake Bay Preservation Areas

                      One designation is that of the Resource Protection Area (RPA). Section 3.2.A of
                      the Regulations states:

                             "Resource Protection Areas (RPAs) shall consist of sensitive lands at
                             or near the shoreline that have an intrinsic water quality value due to
                             the ecological and biological processes they perform or are sensitive
                             to impacts which may cause significant degradation to the quality of
                             state waters."


                      The RPA includes tidal wetlands, nontidal wetlands contiguous to tidal shores,
                      other lands deemed to be significant in the protection of state waters, and a buffer
                      area, not less than 100 feet in width adjacent to the previously mentioned land
                      types and all tributary streams. Development in the RPA is limited to water
                      dependant facilities or the redevelopment of existing facilities provided these
                      activities adhere to the performance standards described in ï¿½4.3.A. i and 2. These
                      restrictions establish a minimum set-back requirement and create a buffer zone to
                      reduce concentrated flows and promote infiltration of 'surface runoff in areas
                      adjacent to the shoreline. The 1 00-foot buffer area must have vegetation "that is
                      effective in retarding runoff, preventing erosion and filtering nonpoint source
                      pollution."

                      This program is implemented through 84 local governments in the coastal plain
                      region- of the state. The program covers the Chesapeake Bay drainage area portion
                      of the coastal zone management area. Designation of the Chesapeake Bay
                      Preservation Area (CBPAs) does not cover the entire region as some local
                      governments did not designate their entire jurisdiction. The Department estimates
                      that 80 percent 'of all lands within Tidewater Virginia are designated CBPA.      -

                      This program is enforced at the state level by CBLAB, a nine member citizen board.
                      CBLAB's consistency review process provides procedures of the detection of non-
                      compliance in local programs. If a local program is found not in compliance with the
                      Act, action including administrative hearings and/or judicial proceedings can be
                      initiated. CBLAD also monitors local implementation and enforcement of the Act

              September 1995                                                                          8-5









                                           State Program Review for     Wetlands Management Measures


                      through land use management tools such as the comprehensive              plan, zoning
                      ordinance and subdivision ordinance.



               Department of Conservation and Recreation

                      Agricultural BMP Cost-Share Program
                      The Agricultural BUIP Cost-Share Program is an incentive prograi m offered as part
                      of the Chesapeake Bay Restoration Program. Financial incentives are offered to
                      landowner's for voluntary implementation of BMPs in order to improve wai:er quality.
                      Cost-share participants are required to develop conservation plans which should
                      identify wetland or riparian areas in need of protection or restoration.-C, ost-share
                      is available for Woodland Buffer Filter Areas, Stream Protection, Grass Filter Strips
                      and Vegetative Stabilization of Marsh Fringe Areas. Each BMP has a specific
                      minimum life span and the recipient is obligated to maintain the practice throughout
                      its entire minimum life span.


                      Floodplain Management Program (Sec. 10. 1 -6 02 of the Code of Virginia)

                      Floodplain regulations prohibit the placement of fill in the floodways, and many
                      localities prohibit development in the floodplain. Since wetlands and riparian areas
                      often occur in the floodplain, indirect protection can be achieved.


                      ScenicRiversAct (Sec. 10.1-400 through 10.1-418 of the Code of Virginia)_

                      The Department of, Conservation and Recreation reviews and makes
                      recommendations to tegulatory agencies regarding all planning for the use and
                      development of water and land related resouroas or other uses which change the
                      character of the stream or waterway or destroy it.,; scenic values. Full consideration
                      and evaluation of the river as a scenic resourze will be given before alternative
                      plans for use and development.are approved. The Scenic Rivers Act isapplicable
                      statewide to those waterbodies designated as scanic rivers by an Act of the Virginia
                      General Assembly.







              September 1995                                                                           8-6








                                           State Program   Peview for Wetlands Mana2ement Measures


                      Shoreline Erosion Advisory Service (SEAS) (Sec. 10, 1 -702 of the Code of Virginia)

                      The Shoreline Erosion Advisory Service works with private property owners to
                      provide technical advice on how to control shoreline erosion. The program
                      promotes environmentally sound practices for shoreline erosion control. SEAS
                      provides advice on structural and nonstructural methods of protecting the property.
                      Advice often includes recommendations on protecting eroding wetland.,areas.
                      Emphasis is placed on minimizing wetlands impacts during erosion control
                      implementation. SEAS recommendations are given considerable weight by the
                      permitting agencies often become permit conditions.            The Department of
                      Conservation and Recreation maintains a support contract with the Virginia Institute
                      of Marine Sciences to provide project specific technical assistance as needed.


               Department of Environmental Quality

                      Virginia Water Protection Permit Act (Sec. 62.1-44.15.5 of the Code of Virginia)

                      Wetlands are protected through the Commonwealth of Virginia's anti-degradation
                      policy, the Virginia Water Protection Permit (VWPP) Regulations and the State
                      Water Control Law. The permitting process requires projects to avoid wetlands
                      unless otherwise justified in the public review process. Water quality standards are
                      currently being developed for wetlands. Mitigation may be required for projects
                      permitted to impact wetlands.

               Department of Game and Inland Fisheries

                      Virginia Endangered Species Act
                      (Sec. 29-230 through.29-237 of the Code of Virginia)

                      The Virginia Endangered Species Act, prohibits actions which would harass or harm
                      a state or federally listed endangered or threatened species, including significant
                      habitat modifications or degradation, or other intentional or negligent acts or
                      omissions which kill or injure wildlife by significantly impairing essential behavior
                      patterns including breeding, feeding or sheltering. The Department Game and
                      Inland Fisheries administers the Virginia Endangered Species Program which
                      provides consultatory comments to regulatory agencies issuing permits which may
                      affect endangered or threatened species, and by the investigation and prosecution
                      of violations. Permits required for streambank or shoreline erosion control projects
                      require consultation with the Department Game and Inland Fisheries to help ensure
                      the protection of these resources.

              September 1995                                                                          8-7








                                          State Program Review for Wetlands Management Measures



              Virginia Marine Resources Commission (VMRC)

                     Coastal Primary Sand Dunes Management Program
                     (Sec. 28.2-1400 through 28.2-1420 of the Cod@* of Virginia)

                     Submerged Lands Management Program
                     (Sec. 28.2-1200 through 28.2-1213 of the Coda of Virginia)

                     Wetlands Management Program
                     (Sec. 28.2-1300 through 28.2-1320 of the Code of Virginia)

                     The VMRC administers the Submerged     Lands, 1-idal Wetlands and Coastal Primary
                     Sand Dunes/Beaches programs and is charged with the review of all tidal-wetland
                     and sand dune permit decisions of local wetlands boards. The Tidal Wetlands
                     program applies throughout Tidewater, Virginia and each Tidewater locality has the
                     option of adopting the wetlands or dunes acts and forming a wetland.,; board to
                     review applications for use or development of tidal wetlands- or dunes. The
                     Submerged Lands program applies state-wide to all state-owned submerged lands.
                     Generally, this would include waterways with flows greater than five cubic feet per
                     second (CFS) or drainage areas greater than five square miles.

                     Permits are issued through'a Joint Permit* review process involving local, state and
                     federal agencies. Permits are reviewed based on compliance with statutory
                     requirements, Wetlands Guidelines, Subaqueou!; Guidelines, Coastal Primary Sand
                     Dunes/Reaches Guidelines and Mitigation/Compensation criteria as well as
                     recommended Best Management Practices. Advisory assistance is provided by
                     cooperating state and federal agencies, including the Department of Environmental
                     Quality, the Department of Conservation and Recreation, the Department of Health,
                     the Department of Game and Inland Fisheries and environmental impact
                     information included in the VIMS Shoreline Permit Application report prepared for
                     each project.



             MANAGEMENT MEASURE COMPLIANCE


             Virginia has several regulatory programs which protect wetlands and riparian areas. The
             Coastal Primary Sand Dunes/Beach Program, Wetlands Management Program and The
             Chesapeake Bay Preservation Act are all applicable in the Tidewater region cf Virginia.
             The Virginia Water Protection Permit Program and the Submerged Lands Management
             Program are applicable statewide. All of these programs include state enforceable.

             September 1995                                                                        8-8








                                                   State Program Review for Wetlands Management Measures


                management measures. The Floodplain Management Program, Stormwater Management
                Program and the Scenic Rivers Programs add to the protection offered by the above
                mentioned statewide programs in their limited or local coverage areas.

                In addition to the regulatory programs, other programs promote the protection of wetlands
                and riparian areas. The Agricultural BMP Cost-Share Program provides financial
                incentives for agricultural lands. The Shoreline Erosion Advisory Service offers technical
                advice to promote the protection of wetland and riparian areas.

                When all of the above programs a*re considered as a package, the Commonwealth of
                Virginia meets the requirements of the management measure.


                B.       Restoration of Wetland and Riparian Areas

                         Promote the restoration of the preexisting functions in damaged and
                         destroyed wetlands and riparian systems in areas where the systems will
                         serve a significant NPS pollution abatement function.

                Applicabil   'This management measure is intended to be applied by States to restore the full range of wetland
                and riparian functions in areas where the systems have been degraded or destroyed and where they can serve
                a significant NPG abatement func6on."



                Applicable State Programs

                Department of Conservation and Recreation

                         Agricultural BMP Cost-Share Program

                         The Agricultural E3MP Cost-Share Program is a voluntary program offered as part
                         of the Chesapeake Bay Restoration Program. Financial incentives are offered to
                         landowners for voluntary implementation of E3MPs in order to improve water quality.
                         Cost share participants are required to develop conservation plans which should
                         identify wetland or riparian areas in need of protection or restoration. Cost-share
                         is available for Woodland Buffer Filter Areas, Stream Protection, Grass Filter Strips
                         and Vegetative Stabilization of Marsh Fringe Areas. Each BMP has a specific
                         minimum life span and the recipient is obligated to maintain the practice throughout
                         its entire minimum life span.




                September 1995                                                                                               8-9









                                             State Program Review fo,, Wetlands Management Measures


                       Floodplain Management Program (Sec. 10.', -602 of the Code of Virgilia)

                       Floodplain regulations prohibit the placement of fill in the floodways. Restoration
                       of wetlands and riparian areas may be obtained when removing unperrniited fill and
                       other debris from the floodway.


                       ScenicRiversAct (Sec 10.1400 through 1C!.1-418 of the Code of Vi"ilp'nia')

                       The Department of Conservation and Recreation reviews and makes
                       recommendations to the regulatory agencies regarding all planning for trie use and
                       development of water and land related resources or other uses which :;hange the
                       character of the stream or waterway or destroy its scenic values. Full consideration
                       and evaluation of the river as a scenic resource will be given before alternative
                       plans for use and development are approved. The Scenic Rivers Act is applicable
                       'statewide to those waterbodies designated as scenic rivers by an Act of -ihe Virginia
                       General Assembly.


                       Shoreline Erosion Advisory Service (SEAS) (.13ec. 10. 1 -702 of the Code of Virginia)

                       The Shoreline Erosion Advisory Service works with private property owners to
                       provide technical advice on how to control shoreline erosion. The program
                       promotes environmentally sound practices for shoreline erosion control. SEAS
                       advice includes recommendations on wetlands establishment and re.,;toration for
                       erosion control or mitigation. SEAS recommendations are given considerable
                       weight by the permitting agencies often become permit conditions. The DCR
                       maintains a support contract with the VirCinia Institute of Marine 31ciences to
                       provide project specifi c technical assistance as needed.


               Department of Environmental Quality

                       Virginia Water Protection Permit Act (Sec. 132.1-44.15.5 of the Code of Virginia)

                       The Department of Environmental Quality will accept restoration of degraded
                       wetlands as part of the mitigation proposal through the VWPP public review
                       process. Typically, the ratios required for compensation are much higher than that
                       of wetland creation. The mitigation plan would require reestablishment and
                       maintenance of an appropriate hydrologic regime, the planting and survival of
                       diverse wetlands plants. and the basic restoration of wetland function. As the

               September 1995                                                                          B-10









                                            State Program Review for Wetlands Management Measures


                      program develops, the criteria for success in the restoration effort to become more
                      strict and involve more complete function restoration.


               Department of Game and Inland Fisheries

                      Virginia Endangered Species Act
                      (Sec. 29-230 through 29-237 of the Code of Virginia)

                      The Virginia Endangered Species Act, prohibits actions which would harass or harm
                      a state or federally listed endangered or threatened species, including significant
                      habitat modifications or degradation, or other intentional or negligent acts or
                      omissions which kill or injure wildlife by significantly impairing essential behavior
                      patterns including breeding, feeding -or sheltering. The Department Game and
                      Inland Fisheries administers the Virginia Endangered Species Program which
                      provides consultatory comments to regulatory agencies issuing permits which may
                      affect endangered or threatened species, and by the investigation and prosecution
                      of violations. Permits required for streambank or shoreline erosion control projects
                      require consultation with the Department Game and Inland Fisheries to help ensure
                      the protection of these resources.


              Virginia Marine Resources Commission (VMRC)

                      Coastal Primary Sand Dunes Management Program
                      (Sec. 28.2-1400 through 28.2-1420 of the Code of Virginia)

                      Submerged Lands Management Program
                      (Sec. 28.2-1200 through 28.2-1213 of the Code of Virginia),

                      T-1dal Wetlands Management Program
                      (Sec. 28.2-1300 through 28.2-1320 of the Code of Virginia)

                      The VMRC administers the Submerged Lands, Tidal Wetlands and Coastal Primary
                      Sand Dunes/Beaches programs and is charged with the review of all tidal wetland
                      and sand dune permit decisions of local wetlands boards. The Tidal Wetlands
                      program applies throughout Tidewater, Virginia and each Tidewater locality has the
                      option of adopting the wetlands or dunes acts and forming a wetlands board to
                      review applications for use or development of tidal wetlands or dunes. The
                      Submerged Lands program applies state-wide to all state-owned submerged lands.
                      Generally this would include waterways with flows greater than five cubic feet per

              September 1995                                                                          8-11








                                          State Program Review for Wetlands Management Measures


                     second (CFS) or drainage areas greater than rive square miles.

                     Permits are issued through a Joint Permit review process involving local, state and
                     federal agencies. Permits are reviewed. based on compliance with statutory
                     requirements, Wetlands Guidelines, Subaqueous Guidelines, Coastal Primary Sand
                     Dunes/Reaches Guidelines. and MitigationlCompensation criteria as well as
                     recommended Best Management Practices. The VMRC may accept re,,qtoration of
                     degraded wetlands as part of the mitigation proposal through'. the permit public
                     review process.     The mitigation plan would require reestablishment and
                     maintenance of an appropriate hydrologic regime, the planting and survival of
                     wetland plants and the basic restoration of wetland function. Advisory assistance
                     is provided by cooperating state and federal agencies. This includes comments
                     from the Department of Environmental Quality, the Department of Conser/ation and
                     Recreation, the Department of Health, the Department of Game and Inland
                     Fisheries and environmental impact information included in the VIMS Shoreline
                     Permit Application report prepared for each project.


             MANAGEMENT MEASUkE COMPLIANCE


             All of the above programs either promote      or require the restoration of wetlands and
             riparian areas. The Virginia Water Protection. Permit Program, Coastal Primary Sand
             Dunes/Beaches Program and the Wetlands Management Program can z,II require
             restoration of areas impacted by program violations or as mitigation as a permit
             requirement Programs promoting the restoration include the Agricultural BMP Cost-Share
             Program which provides financial incentives for agricultural lands and the Shoreline
             Erosion Advisory Services which provides technical assistance.

             When all of the above programs are considered as a package, the Commonwealth of
             Virginia meets the requiremehts of the management rneasure.


             C.      Vegetated Treatment Systems

                     Promote the use of engineered vegetated treatment systems such as constructed
                     wetlands or vegetated filter strips where these systems will serve a significant NPS
                     pollution abatement function.

             ApOicability: -This management measure is intended to be appIL-.d by States in cases where engineered
             systems of wetlands or vegetated treatment systems can treat NPS pollution abatement function."



             September 1995                                                                        8-12








                                         State Program Review for Wetlands Management Measures


             Applicable State Programs

             Chesapeake Bay Local Assistance Department

                     Chesapeake Bay Preservation Act (CBPA)
                     (Sec 10. 1-2100, et seq. of the Code of Virginia)
                     Chesapeake Bay Preservation Area Designation and Management Regulations (VR
                     173-02-01)

                     The Chesapeake Bay Preservatio   n Area Designation and Management Regulations
                     (VR 173-02-01) specify eleven performance criteria (ï¿½ 4.2) that apply to proposed
                     development activities on land within Chesapeake Bay Preservation Areas.

                     One designation is that of the Resource Protection Area (RPA). Section 3.2.A of
                     the Regulations states:

                            "Resource Protection Areas (RPAs) shall consist of sensitive lands at
                            or near the shoreline that have an intrinsic water quality value due to
                            the ecological and biological processes they perform or are sensitive
                            to impacts which may cause significant degradation to the quality of
                            state waters."


                     The RPA includes tidal wetlands, nontidal wetlands contiguous to tidal shores,
                     other lands deemed to be significant in the protection of state waters, and a buffer
                     area, not less than 100 feet in width adjacent to the previously mentioned land
                     types and all tributary streams. In addition, a second designation of Resource
                     Management Area (RMA) is intended to protect the functio*nal values of the RPA.
                     The 11 performance criteria of ï¿½ 4.2 guide development in these areas. One of the
                     criteria require the corltrol of stormwater. Department guidance procedures allow
                     for vegetative practices to satisfy the criteria for low density development. In
                     addition, the Department funded the preparation of a Vegetative Practices Guide
                     for Nonpoint Source pollution Control for use in Preservation Areas.

                     This program is implemented through 84 local governments in the coastal plain
                     region of the state. The program covers the Chesapeake Bay drainage area portion
                     of the coastal zone management area. Designation of the Chesapeake Bay
                     Preservation Area (CBPAs) does not cover the entire region as some local
                     governments did not designate their entire jurisdiction. The Department estimates
                     that 80 percent of all lands within Tidewater Virginia are designated CBPA.




             tSeptember 1995                                                                        8-13








                                           State Program Review for Wetlands Management Measures


                     This program is enforced at the state level by CEILAB, a nine member citizen board.
                     CBLAB's consistency review process provides procedures of. the detection of non-
                     compliance in local programs. If a local prograrr, is found not in compliance with the
                     Act, action including administrative hearings and/or judicial proceedings can be
                     initiated. CBLAD also monitors local impleme,,itation and enforcement of the Act
                     through land use management tools such a.,; the comprehensive plan, zoning
                     ordinance and subdivision ordinance.



              Departinent of Conservation and Recreation

                     Agricultural BMP Cost-Share Program

                     The Agricultural BMP Cost-Share Program is E, voluntary program off(;r_i*3d as part
                     of the Chesapeake Bay Clean-Up Program. Financial incentives are offered to
                     landowners for voluntary implementation of BMPs in order to improve water quality.
                     Cost-share is available for Woodland Buffer Filter Areas, Stream Protection, Grass
                     Filter Strips and Vegetative Stabilization of Marih Fringe Areas. Each BMP has a
                     specific minimum life span and the recipient is obligated to maintain the practice
                     throughout its entire minimum life span.



                     Erosion and Sediment Control Law
                     (Sec. 10. 1 -560, et seq. *of the Code of Virginia)

                     Projects disturbing greater than 10,000 square feet require an ercsion and
                     sediment control plan utilizing measures containEd in the 1992 Virginia Erosion and
                     Sediment Control Handbook. Vegetated filter strips and other practices using
                     vegetation to prevent erosion and control sedimentation are contained in the
                     Handbook.


                     Shoreline Erosion Advisory Service (SEAS)
                     (Sec. 10. 1 -702 of the Code of Virginia)

                     The Shoreline Erosion Advisory Service works with private property owners to
                     provide technical advice on how to control shoreline erosion. The program
                     promotes environmentally sound practices for shoreline erosion control. SEAS
                     advice promotes the use of nonstructural, veqetative erosion control measures
                     whenever possible. SEAS recommendations are given considerable weight by the
                     permitting agencies often become permit conditions.            The Department of
                     Conservation and Recreation maintains a suppor@ contract with the Virginia Institute

             September 1995                                                                          8-14








                                            State Program Review for Wetlands Management Measures

                       of Marine Sciences to provide project specific'technical assistance as needed.


                       Stormwater Management Law
                       (Sec. 10. 1 -603.2 through 10. 1 -603.15 of the Code of Virginia)

                       The use of constructed wetlands and vegetated filter strips to treat and control
                       stormwater runoff are important aspects of this program.


               Department of Environmental Quality

                       Virginia Water Protection Permit Act (Sec. 62.1-44.15.5 of the Code of-Virginia)

                       Permits are required for this type of activity. As use of the systems increase and
                       data is collected on the effectiveness, staff will encourage and may possibly require
                       these techniques in specific situations. Caution is being exercised in the use. of
                       constructed wetlands as they must be placed outside of state waters for project
                       approval.


                Virginia Marine Resources Commission (VMRC)

                       Coastal Primary Sand Dunes Management Program
                       (Sec. 28.2-1400 through 28.2-1420 of the Code of Virginia)

                       Submerged Lands Management Program
                       (Sec. 28.2-1200 through 28.2-1213 of the Code of Virginia)

                       Tidal Wetlands Management Program
                       (Sec. 28.2-1300 through 28.2-1320 of the Code of Virginia)

                       The VMRC supports the use of wetlands as a treatment system for controlling
                       nonpoint source pollution. Permits are requires for projects impacting wetlands or
                       state-owned subaqueous bottom. The VMRC administers the Submerged Lands,
                       Tidal Wetlands and Coastal Primary Sand Dunes/Beaches programs and is
                       charged with the review of all tidal wetland and sand dune permit decisions of local
                       wetlands boards. The Tidal Wetlands program applies throughout Tidewater,
                       Virginia and each Tidewater locality has the option of adopting the wetlands or
                       dunes acts and forming a wetlands board to review applications for use or
                       development of tidal wetlands or diines. The Submerged Lands program applies

               September 1995                                                                          B-15








                                          State ProgramReview for Wetlands Managemeni' Measures


                     .state-wide to all state-owned submerged la,,ids. Generally this would include
                     waterways with flows greater than five cubic feet per second (CFS) cir drainage
                     areas greater than five square miles.

                     Permits are issued through a Joint Permit review process involving local, state and
                     federal agencies. Permits are reviewed based on compliance with statutory
                     requirements, Wetlands Guidelines, Subaqueous Guidelines, Coastal Primary Sand
                     Dunes/Reaches Guidelines and Mitigation/Compensation criteria as - N@ell as
                     recommended Best Management Practices. Advisory assistance is provided by
                     cooperating state and federal agencies. -rhis includes comments from the
                     Department of Environmental Quality, the Department of Conservation and
                     Recreation, the Department of Health, the Department of Game Find Inland
                     Fisheries and environmental impact information included in the VIMS Shoreline
                     Permit Application report prepared for each project.



             MANAGEMENT MEASURE COMPLIANCE


             The Chesapeake Bay Preservation Act, the Virginia :_::rosion and Sediment Control Law
             and the Virginia Water Protection Permit Program can all require vegetated treatment
             systems under specific conditions.       These are all regulatory programs with state
             enforceable measures applicable statewide. The Agricultural BMP Cost-Share Program
             offers financial incentives for the installation of vegetative treatment systems on
             agricultural lands. The Stormwater Management Program and the Shoreline Erosion
             Advisory Service promote the use of vegetative treatment systems by providing technical
             assistance.


             When all of the above programs are considered as a package, the Comimonwealth of
             Virginia meets the requirements of the management rieasure.















             September 1995                                                                        8-16








                                    State Program Review for Wetlands Management Measures



            WETLANDS, RiPARIAN AREAS, AND VEGETATED TREATMENT SYSTEMS



                  A. Protection of Wetlands
                     and Riparian Areas                Meets

                  B. Restoration of Wetlands
                     and Riparian Areas                Meets

                  C. Vegetated Treatment Systems       Meets





































           September 1995                                                              8-17















                                 Boundary discussion













                                                     CHAPTER 9

                                          Boundary Discussion


               The Commonwealth of Virginia plans to implement a coastal nonpoint source pollution
               control program within Virginia's existing coastal zone management. area. Consistent
               with the intent of Section 6217 of the Coastal Zone Act Reauthorization Amendments of
               1990, this program will build on and strengthen existing coastal resource management
               and nonpoint source pollution control efforts within Virginia's designated coastal zone.

               The National Oceanic and Atmospheric Administration's (NOAA) basic coastal watershed
               boundary recommendation and the recommended "look beyond area" would require
               Virginia to create a separate Section 6217 management area which would extend well
               into the piedmont and ridge and valley physiographic regions. Implementing a program
               in the recommended area would not build on existing accomplishments; rather, it would
               require new legislation and regulations.       Moreover, there is considerable public
               opposition to any proposal to implement a coastal nonpoint source pollution control
               program outside of the existing coastal zone.
               'Virginia has a long history of coastal resource management within Tidewater. The
               people of Virginia who live and work in Tidewater tend to have strong cultural ties to the
               Chesapeake Bay and Virginia's other coastal resources. Due to these tries, they have
               supported the enactment of legislation to protect these resources.

               Virginia's coastal zone is coterminous with Tidewater Virginia which is defined in the
               Tidal Wetlands Act as counties and independent cities which touch upon any portion of
               a tidal water body. In fact, the term Tidewater is legal basis upon which the Virginia
               Coastal Resource Management Program defines the coastal zone. This geographic area
               closely corresponds to the @OAA's basic coastal watershed boundary recommendation
               and it provides a logical basis for defining the coastal nonpoint source pollution control
               program boundary.

               -There are a number of technical considerations regarding the hydrologic units used to
               determine NOAA's boundary recommendation that support Virginia's position that the
               coastal nonpoint source pollution control program should be implemented within
               Virginia's designated coastal zone.

               First, the United States Geologic Survey (USGS) cataloging unit HUC02080205 on the
               James River does not include the head of tide. This unit is intended to demarcate the
               change in the river from free flowing to tidal. A hydrologic unit system analysis recently


               September 1995                                                                       9-1









                                                  Coastal Nonpoint Soura? Pollution Control Uanaggement Area

                completed in Virginia specifically locates the nontidal portion of the James River at the
                break between HUC02080205 and HUC02080206. This analysis was clone at a
                1:24,000 scale. The head of tide is contained in cataloging'unit HUC02080206.
                Therefore, the HUC02080205 cataloging unit shOUld not be included in the coastal
                watershed boundary recommend ation. Similarly, the majority of HUC02080207 is
                intercepted by Lake Chesdin on the Appomattox River and the major remaining portion
                of this unit is located within Virginia's designated coastal zone.

                Secondly, Virginia does not believe that the upper portions of the:York Riv            er basin
                (HUC02080106) should be included in the coastal nonpoint source pollution control
                program boundary because the North Anna River is impounded at Lake Anna. This lake
                isolates the upstream portions of the drainage area from coastal waters. As well, the
                Virginia Nonpoint Source Pollution Watershed Assessment report indicates tha': there are
                no high priority watersheds in this portion of the York River basin.

                With regard to the upper Potomac River basin, the Shenandoah River should not be
                included in the "look beyond" area of the NOAA bOUndary recommendation because it
                drains into West Virginia. Consistent with the statute limitations that exclude the State
                of West Virginia and the Susquehanna River basin in the State of Pennsylvania, this
                area should not be included in NOAA's recommend, itio n.


                We recognize that there are sources of nonpoint source pollution located outside of
                Virgini a's coastal zone and that these sources.of pollution can have a significant impact
                on the health of Virginia's coastal resources. However, creating a coastal nonpoint
                source pollution control program boundary which i:; separate from the coastal zone
                boundary and which extends into the mountains of Virginia is not a tenable way to
                address these sources of pollution. Rather, than extend the boundary, Virginia will
                continue with development and implementation of a tributary strategy approach to
                address these sources of pollution. The tributary straiegy program has similar objectives
                as the coastal nonpoint source pollution control program but it will be implemented
                through a mix of regulatori controls and voluntary efforts. The tributary program will
                address both point and nonpoint sources of pollution. In addition, this program is already
                under development and has broad based public support.

                As noted by NOAA and EPA in the Virginia Threshold Review                comments, Virginia's
                designated coastal zone closely approximates tle coastal                watershed boundary
                recommendation except where the coastal boundary follows political jurisdictions rather
                than hydrologic delineations. We believe that these differences are not significant and
                can be supported by the political, programmatic, and technical considerations discussed
                above. Moreover, we believe that Virginia can achieve the water quality objectives of
                Section 62  17 through program implementation within the existing coastal zone.



                September 1995                                                                             9-2

















                            Administrative coordination













                                                     CHAPTER 10




                                     Administrative Coordinatidn


               Virginia addresses nonpoint source pollution through a myriad of regulatory and fncentive
               based programs administered by state agencies, local governments, and soil and water
               conservation districts (a list of these programs is included in the appendices to this
               report). Administrative coordination involving Virginia's nonpoint source pollution control
               and coastal resource management programs is -achieved through committees,
               memoranda of understanding, and joint program administration. The following provides
               a description of administrative coordination efforts in Virginia.

               As the designated lead nonpoint source pollution control agency, the Department of
               Conservation and Recreation (DCR) has overall responsibility for coordinating state
               nonpoint source pollution control activities under Section 319 of the Clean Water Act of
               1987 and Section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990.
               The Department of Environmental Quality. (DEQ) is responsible for establishing and
               enforcing water quality standards, water quality monitoring to ensure compliance with
               water quality standards, and overall water quality management. In 1990, DEQ and DCR
               signed a Memorandum of Understanding            (MOU) regarding the -administration of
               nonpoint source pollution control programs. This MOU helps ensure close cooperation
               between these two agencies and a copy of this MOU is included in the submittal
               package.

               Other MOU's, agreements, and plans are prepared on an as needed basis. Copies of
               these MOUs, agreements, and plans are also included in the submission package.
               Examples of existing MOU!@, agreements, and plans include the following:

                      1 .    DCR and the Chesapeake Bay Local Assistance Department (CBLAD)
                             have signed a@ MOU that establishes guidelines for cooperation on
                             agricultural water quality, erosion and sediment control, stormwater
                             management, and shoreline erosion stabilization programs.

                      2.     DCR has signed an MOU with the U.S. Department of Agriculture,. Natural
                             Resources Conservation Service, the Virginia Polytechnic Institute and
                             State University, and Virginia State University to help foster close
                             cooperation between these agencies and universities.



               September 1995                                                                 10-1










                                                                           Administrative Coordination






                     3.     DCR has entered into a conservation partnership with soil and water
                            conservation districts through signed agreements with the Virginia
                            Association of Soil and Water Conservation Districts.


                     4.     DCR has also signed a MOU with the Dahlgren Division of Naval and
                            Surface Warfare Center to provide technical assistance and oversight of
                            erosion and sediment control and storrnwater management efforts.

                     5.'    DCR annually reviews the Virginia Department of Transportation's (VDOT)
                            erosion and sediment control and storniwater management specifications.
             Another major agreement that has far reaching implications 'for coastal nonpoint source
             pollution control is the historic Chesapeake Bay Agmement signed by the Governors of
             Maryland, Pennsylvania, and Virginia; the mayor of the District of Columbia; the
             Administrator of the U.S. EPA and the Chair of the Chesapeake Bay Commission. This
             agreement establishes nutrient reduction goals for tha Chesapeake Bay. As part of this
             initiative, Virginia is developing specific strategies for each Bay tributary.       These.
             strategies will address nonpoint and point source pcIlution control practices necessary
             Jo restore and protect the living resources of these t.-ibutaries.

             In addition to the development of memoranda of understanding, DCR has formed a
             Nonpoint Source Pollution Control Advisory Committee to help coordinate onooing and
             planned nonpoint source pollution control activities. Specifically, the Committee provides
             a forum for information exchange, program development, project prioritization, problem
             resolution, and grant coordination. All agencies wh@ch play a role in nonpoint source
             pollution control participate in this Committee.
                                          .1
             In addition to the Nonpoint Source Pollution Advisory      Control Committee, DEQ has
             formed an interagency coastal committee to help coordinate implementation of the
             Virginia Coastal Resources Management Program. Numerous other commiitees may
             be formed as needed to ensure proper coordination on a specific issue or to address.
             nonpoint source pollution control or coastal resource management concerns which
             transcend the purview of any. single agency. For Example, the Secretary of Natural
             Resources has formed a Tributary Strategy work group to help guide the tributary
             strategy development and implementation process.

             Coordination between state agencies and local governments is achieved through a
             variety of mechanisms including state oversight of local erosion and sediment control,


             September 1995                                                                 1C-2










                                                                         Administrative Coordination






              stormwater management, and wetlands management programs. In addition, the state
              provides technical assistance and program oversight to support local government
              implementation of the Chesapeake Bay Preservation Act. Local governments and
              planning district commissions are also represented on various committees formed to
              address nonpoint source pollution control and coastal resources management







































              September 1995                                                            10-3















                                                                                                                            Mom*ton*ncr and tracking













 IL













I- A!"'WC A:         _,,r










                                                    CHAPTER11


                                       Monitoring and Tracking



               Guidance issued under Section 6217 requires water quality monitoring and management
               measures tracking to help determine if management measures are successful in improving
               water quality and protecting or improving water resources within the coastal zone and to
               determine if additional management measures are needed to meet water quality
               objectives. However, due to the prohibitive expense of monitoring the effectiveness of
               every management measure applied within the'coastal zone, the guidance does not
               require a comprehensive monitoring and management measures tracking program.
               Rather, what is required is that states assess over time the success of the management
               measures in reducing pollution loads and improving water quality.
               These monitoring objectives are to be accomplished through a combination Of watershed
               monitoring to track the cumulative benefits of management measure implementation and
               demonstration projects to evaluate the efficacy of these measures. As well, tracking of
               management measures implementation is required to determine whether water pollution
               controls have been implemented, operated, and maintained adequately. This type of
               information is necessary to draw associations between management measure
               implementation and water quality data.

               Since Virginia already has numerous monitoring and best management tracking programs,
               available information will be used to address many questions regarding the effectiveness
               of the program. Various monitoring and tracking programs in Virginia, including citizen
               monitoring programs, are described below.



               ExISTING STATE MONITORING PROGRAMS


               Chesapeake Bay Local Assistance Department

               Polecat Creek Water Quality Monitoring Project (CBLAD)

               in July, 1993 Chesapeake Bay Local Assistance Department initiated a ten-year water
               quality monitoring program in the Polecat Creek drainage. The primary goal of the
               monitoring program is to describe the efficacy of emerging land use regulations and
               policies in protecting adjacent water quality during urban development activities. The land
               use regulations and policies being tested are those developed by CBLAD and county
               governments in response   to the Chesapeake Bay Preservation Act.

               September 1995                                                                     11-1










                                                                                    Monitoring and Tracking







              The project is designed around two types of monitoring networks trends (which will identify
              changes in water quality), and special study networks (which will identify or eliminate
              potential sources or reasons for any identified trends). The trend networks will monitor
              chemical and physical constituents (including flow, dissolved oxygen,' temperature, pH,
              nutrients, sediments, and bacteria), biological integrity, and rain fall (quality, quantity and
              intensity). The special study networks will describe high flow and low flow conditions;
              impacts from logging and construction activities; impacts from industrial, commercial and
              agricultural nonpoint sources; and monitoring septic system discharges through
              groundwater.

              Another important component of the Polecat Creek Project is the development of a
              geographic information system (GIS) which will allow the linkage of land use/land cover
              data and water quality data. The GIS will also be used to develop a nonpoint source
              pollution control model for the watershed.

              Department of Conservation and Recreation

              Hydrologic Unit Planning

              The Department of Conservation and Recreation's Division of Soil and Water
              Conservation recently implemented a statewide Hydrologic Unit Planning (HUP) system.
              The system divides the state into sub-watersheds of USGS cataloging units and identifies
              nonpoint source pollution water quality problems within these sub-watersheds. County
              hydrologic unit maps have been used to collect information on land use, livestock and
              poultry inventories, erosion rates, disturbed land, and sludge and fertilizer use within each
              watershed.


              By prioritizing nonpoint source pollution problems.within the state, cooperating state
              agencies can optimize the use of funds made available for correcting nonpoint source
              pollution problems. The Virginia Agricultural Cost-Share Program has already targeted
              its funds based on these priorities.

              Virginia Geographic Information System (VirGIS)

              VirGIS was developed by the Department of Conservation and Recreation's Division of
                                                       irginia Tech Department of Agricultural Engineering
              Soil and Water Conservation and the Vi



              September 1995                                                                          11-2









                                                                                  Monitoring and Tracking






             with contractual support from the Virginia Tech Information System Support Lab at Virginia
             Tech. VirGIS is a database used to track sources of nonpoint source pollution and target
             limited management resources. VirGIS maps and data are made widely available for other
             uses.


             Submarine Ground Water Discharge to the Chesapeake Bay

             The Virginia Polytechnic and State University through a Chesapeake Bay Program grant
             provided by the Department of Conservation and Recreation (DCR) has conducted a
             survey of submarine ground water discharge into the southern Chesapeake-Bay since
             1989. The ten sites used in the survey were selected on the basis of availability to one of
             three major land-use types agriculture, residential/urban, or forested wetland.

             The objectives of this survey are 1) to test the hypothesis of linkage between upland
             ground water and ground water discharge entering the Bay over a wider geographical
             basis than had been attempted in the past; 2) to evaluate the relationship of ground water
             discharge to adjacent land-use activities; and 3) to evaluate the importance of maintaining
             sufficient plant buffer zones between upland activities and the Bay to protect surface water
             quality.

             Ground water samples are collected quarterly. The ground water discharge at each site
             is measured with a seepage meter and an average discharge for *each site is deten-nined
             and reported as Um /hr. The water quality parameters which are monitored include
             salinity, ammonia, nitrate, nitrite, and phosphate.

             Nomini Creek


             The Nomini Creek Watershed/Water Quality monitoring project was initiated in 1985, as
             part of the Chesapeake Bay Agreement of 1983, to quantify the impacts of agricultural best
             -management practices (BMPs) on improving water quality. The water quality monitoring
             system was designed specifically to provide a comprehensive assessment of the quality
             of surface and ground water as influenced by changes in land use, agronomic, and cultural
             practices in the watershed over the duration of the project. Specific elements of the
             monitoring system include wet and dry-weather monitoring of the surface and groundwater;
             biological monitoring of streams; analysis of soils for physical and chemical parameters;
             and the analysis of atmospheric, deposition. The primary chemical characteristics
             monitored include both soluble and sediment-bound nutrients and pesticides in surface


             September 1995                                                                       11-3









                                                                                    Monitoring and Tracking






               and ground water. Data was and continues to be gathered at two fully automated runoff
               stations and seven rain gauge sites within the 3700 acre watershed. Although existing
               wells were initially utilized, four pairs of groundwater monitoring wells were drilled in 1986
               for better quality assurance in groundwater sampling. Three additional surface. water
               monitoring sites were added in 1991 as part of a project designed to assess the impacts
               of BMPs on forestry logging operations in three small subwatersheds within the Nomini
               Creek watershed.


               Owl Run


               The Owl Run Watershed/Water Quality monitoring project was initiated in 1985 to
               demonstrate the effectiveness of animal waste BMPs in reducing nonpoint source
               pollution. The monitoring system was designed to provide comprehensive assessment of
               the quality of surface water as influenced by changes in land use, agronomic, and cultural
               practices in the watershed over a 1 0-year study period. Specific elements of the monitoring
               system include wet and dry-weather monitoring of the surface and groundwater, biological
               monitoring of streams; analysis of soils for physical and chemical parameters; and the
               analysis of atmospheric deposition. The primary chemical characteristics monitored
               include both soluble and sediment-bound nutrients, organic chemicals, insecticides, and
               herbicides in runoff water. Four fully automated runoff stations, eight rainfall gages, and
               one weather station are located within the 2800 acre watershed to define and characterize
               the spatial impact of climatic variables and land use on pollutant losses from the
               watershed.



               Department of Forestry (DQF)

               Department of Forestry Water Quality Monitoring Program

               The Department of Forestry (DOF) water quality monitoring program began in 1990 as a
               part of the DOF nonpoint source pollution reduction initiative. The initiative combines
               chemical and biological monitoring with computer simulation modeling to produce insights
               into the characteristic and dynamic behavior of water in forest ecosystems. The program
               helps document the effects of timber harvesting on forest water quality. Water quality
               monitoring instruments are positioned at eight locations throughout Virginia and monitor
               the following parameters pH, total alkalinity, conductivity, nitrate-nitrogen, ortho-phosphate
               and phosphorous, sulfate, turbidity, suspended solids, organic carbon, hydrologic flow, and


               September 1995                                                                        11-4









                                                                                   Monitoring and Tracking






               benthic macro-invertebrates.       DOF monitoring is funded through an EPA grant
               administered by the Department of Conservation and Recreation.


               Department of Environmental Quality (DEQ)

               Chesapeake Bay Fall Line Monitoring Program

               DEQ, in cooperation with the United States Geological Survey (USGS), operates five, fall
               line monitoring stations to characterize nutrient loads entering the Chesapeake Bay and
               Virginia's tidal tributaries (James, Appomattox, Rappahannock, Mattaponi, and Pamunkey
               Rivers). The objective of the monitoring program is to characterize nutrient loading to the
               Chesapeake Bay and the tidal portion of its tributaries originating in the James,
               Rappahannock and York River basins.

               Samples from these stations are tested for nitrogen, phosphorous, carbon, sediments and
               silica. Samples are taken semi-monthly from "base flow," and approximately       ,30 times a
               year during high flow periods to accurately characterize total nutrient loads.     The total
               loading is composed of nutrients originating from both point and nonpoint sources in the
               watershed. Various methods (e.g. computer simulation models, land use information,
               examination of concentration/river flow associations) are used to estimate the percentages
               of point vs. nonpoint inputs.

               Chesapeake Bay Monitoring Program

               Monitoring stations are located throughout the main stem of the Chesapeake Bay and the
               tidal portion of the James, kappahannock, and York Ri      'vers. Data is collected from 27
               stations in the main stem of the Bay and from approximately 35 stations along the James,
               Appomattox, Chickahominy, Mattaponi, Pamunkey, Rappahannock, and York Rivers.
               Sampling of water quality (e.g., nutrients, oxygen, pH, salinity, etc.) and biological
               conditions (i.e., benthic, phytoplankton and zooplankton communities) is conducted to
               characterize ecological status and trends in the Chesapeake Bay and Virginia's tidal
               tributaries. These ecological conditions are to a large degree influenced by inputs of
               nutrients originating from both point and nonpoint sources in the watershed. Samples are
               routinely collected either semi-monthly, monthly or quarterly.




               September 1995                                                                       11-5










                                                                                   Monitoring and Tracking






              Surface Ambient Water Quality Monitoring Program

              The Department of Environmental Quality, Ambient Water Quality Monitoring Network
              consists of 711 sampling stations. Fifty-one of these stations compdse the core monitoring
              program. Samples are tested for a number of chemical and physical parameters on a
              variable basis to assess water quality throughout the Commonwealth. Long term water
              quality trends can be determined from this monitoring program.

              Virginia Biological Monitoring Program (VBMP)

              The program is administered by the DEQs Water Division and consists of 180 stations
              within 116 hydrologic units (HUs). - Samples are tested for dissolved oxygen, temperature,
              pH, fecal coliform bacteria; nutrients, and toxics. This program uses EPA's Rapid
              Bioassessment Protocol If habitat assessment technique to monitor benthic
              macro invertebrates as an indicator of water quality. Using this protocol, waters are
              classified as nonimpaired, moderately impaired, or severely impaired. The classifications
              are used to help. determine if water quality meets the fishable goal of the Clean Water Act
              (CWA).


              Department of Health

              Seawater Sampling Program and Marina Modeling and Evaluation Program

              The Division of Shellfish Sanitation (DSS) is a part of the National Shellfish Sanitation
              Program (NSSP). DDS condL4cts routine monitoring of estuarine waters for fecal coliform
              and modeling of the effects of tnarina facilities are included in this program. Approximately
              1,650 seawater samples are collected each month and analyzed for the presence of fecal
              coliform bacteria. DDS uses this monitoring information to determine the size of seasonal
              condemnations that would be required around proposed marinas. The Virginia Marine
              Resources Commission (VMRC) is responsible for marking and policing condemned
              shellfish beds.









              September 1995                                                                       11-6









                                                                                 Monitoring and Tracking







             EXISTING CITIZEN MONITORING PROGRAMS


             Alliance for the Chesapeake Bay

             Virginia Citizen Monitoring Program (CBCMP)

             The Chesapeake Bay Citizen Monitoring Program is a network of            140 volunteers in
             Maryland, Pennsylvania, and Virginia that collects water quality data and information about
             the Chesapeake Bay and its tributaries. A quality assurance plan has been developed to
             ensure the precision and accuracy of data collected by its volunteers.

             The Chesapeake Bay Citizen Monitoring Program has become a model for other citizen
             monitoring programs across the country and has won numerous awards. The program is
             currently funded by grants from the Virginia Department of Environmental Quality and the
             Chesapeake Bay Program.

             In June, 1985 the pilot Chesapeake Bay Citizen Monitoring Program (CBCMP) began with
             20 sites on the Patuxent River in Maryland and 16 sites on the James River in Virginia.
             Since then, the Virginia portion of the program (VCMP) has grown to manage over 120
             volunteers on the James, York, Rappahannock, Potomac, Piankatank, Mattaponi,
             Pamunkey, Lynnhaven and Elizabeth Rivers, as well as on the creeks and embayments
             of the Eastern Shore.


             The parameters tested are air and water temperature, water depth and clarity, salinity, pH
             and dissolved oxygen. Monitors also record wildlife observations, field observations of
             water conditions and color, weather, precipitation and general conditions of the site. All
             monitors sample weekly throughout the year. In 1992, a pilot nutrient sampling program
             began,at eight sites and eight more sites were designated as Zebra Mussel Monitoring
             Stations.


             The nutrient sampling program was implemented in conjunction with the Department of
             Environmental Quality - Water Division. Ten sites were chosen in areas of submerged
             aquatic vegetation (SAV). Monitors collect samples which are analyzed in a laboratory for
             dissolved inorganic nitrogen and dissolved inorganic phosphorus. Results will be used to
             help evaluate present status and future trends of nutrient concentrations in SAV growing
             areas. Concentrations can be compared to SAV habitat water quality criteria developed
             by the Chesapeake Bay Program.


             September 1995                                                                       11-7









                                                                                  Monitoring and Tracking






              Data generated by this program is used to augment the Department of Environmental
              Quality's mid-channel monitoring program. Citizen monitoring data are taken at near-shore
              sites and provide a means of analyzing the correlation between near-shore and mid-
              channel data. In 1992, Citizen Monitoring data were, for the first time, used to make
              assessments in Virginia's 305(b) Report to Congress on the quality of the State's waters.
              The wildlife observations, which are recorded with the help of a field guide, provide input
              to the Virginia Department of Game and Inland Fisheries on sightings of common or
              ordinary species. With the expansive network of volunteers, it is anticipated that the data
              generated by this program will be of particular value to local governments and jurisdictions
              throughout the Commonwealth.

              Citizens involved in the VCMP learn about water quality and naturally develop a
              stewardship for "their rivers". The program was worked closely with such groups as.
              Friends of the Rappahannock, Friends of Urbanna Creek, Save the Ole Piankatank,
              Rappahannock River Valley Association, Mattaponi and Pamunkey Rivers Association,
              James River Association, Chesapeake Bay National Estuarine Research Reserve System,
              University of Virginia's Long Term Ecological Research Center, Citizens for a Better
              Eastern Shore, York Chapter of Chesapeake Bay Foundation, Chesapeake Bay Youth
              Conservation Corps and Department of Conservation and Recreation, Division of State
              Parks.


              To better manage the expanded program and provide feedback to the volunteers, a data
              management software program'was developed. The program was presented at the
              second annual Virginia Environmental Education Conference, third National Citizen
              Monitoring. Conference and the Coastal Society Conference. Data from the field are
              collected, verified and entered by ten volunteer Watershed Coordinators. These
              coordinators are recruited to act as managers for approximately ten monitors; taking
              management requests, troul5leshooting, acting as an liaison to the Virginia Coordinator
              and most importantly, managing the data generated by the watershed group. The data is
              then imported to the central computer in the Richmond office where it is used to makes
              individual tabular reports and graphs for monitors. This software, called CitMon*MAN,
              makes it possible for monitors to see the seasonal trends in their data and. is a useful
              motivating tool. CitMon*MAN make available a standardized format for reporting volunteer
              water quality data to state agencies. All data are also sent to the Chesapeake Bay
              Computer Center in Annapolis, Maryland where files are accessed by state agencies
              including the Department of Environmental Quality - Water Division.              The data
              management program has been distributed to monitoring programs around the nation as
              far away as Hawaii.


              September 1995                                                                      11-8









                                                                                 Monitoring and Tracking






               Izaa k Walton League of America (IWLA)

               Save Our Streams Program (SOS)

               The Izaak Walton League of America (IWLA) formally began the Save Our Strean)s (SOS)
               program in Virginia in 1988. The objectives of this program are 1) to increase the state's
               ability to assess surface Water quality; 2) to promote an awareness of the state's aquatic
               resources; and 3) to bring concerned citizens together to more effectively address water
               quality issues on a watershed level.

               Funding for the SOS program has been provided in the past by grants from the
               Department of Conservation and Recreation (DCR) and the Virginia Environmental
               Endowment. Biological monitoring date is collected by citizen volunteers at over 240
               stations across the state and is sent to OCR by way of completed survey forms.

               Virginia volunteers are trained at workshops to identify water pollution problems and to
               survey stream-dwelling organisms (macro invertebrates) and various physical
               characteristics in order to determine stream health. Also, the volunteers receive a SOS
               sampling kit which contains the equipment, references, and directions necessary to
               conduct biological monitoring. Volunteers adopt a freshwater stream with one or more
               monitoring points (stations) along the stream. Each station is generally monitored four to
               six times a year. Based upon the most representative sample at the monitoring station
               (one of three replicate samples), a numerical score and a corresponding water quality
               classification (excellent, good, fair, or poor) are assigned to each station based on the
               structure of the biological community.

               The IWLA biological monitoring is conducted in 71 of the state's 491 hydrologic units. The
               greatest spatial coverage is in the urbanized watersheds in the Northern Virginia area.
               The number of SOS monitoring stations in Eastern Virginia is very sparse. However, this
               is expected to change as IWLA has just recently adopted a SOS protocol for sampling in
               coastal plain streams. The SOS monitoring protocol was initially designed for shallow,
               free-flowing freshwater streams and was not applicable to saltwater invertebrates or
               coastal plain streams that are dominated by pool habitats.

               DCR is working with citizen groups to solicit volunteers in those watersheds that have
               received a high priority in the state's nonpoint source assessment ranking. Citizen
               biological monitoring should continue to be a vital part of the state's nonpoint source
               assessment and watershed activities.



               September 1995









                                                                                   Monitoring and Tracking







             ExISTING BMP TRACKING PROGRAMS


             Nutrient Management Plan Tracking Activities

             Virginia's Nutrient Management Program has used a computer tracking and reporting
             system known as NMTRACK in several versions since 1989. The major items reported by
             the program included number of nutrient management plans completed, planned acreage,
             and nitrogen and phosphorus reductions achieved by plan implementation. Additional
             data were supplied on plan-related activities such as the number of manure tests run,
             manure spreader calibrations, quick nitrate tests, test plots established and harvested,
             farmer contacts, media contacts, and presentations made.

             The program has been updated this year to accommodate reporting on expanded activities
             related to the accomplishment of specific goals listed in the Department of Conservation
             and Recreation's Division of Soil and Water Conservation Workplan. The additional
             reportable items include nutrient management plan revisions, plans reviewed, plan follow-
             ups, plan development, sludge site reviews visits to farmers (phone and personal),
             referrals received, nutrient industry contacts, media articles written, and Nutrient
             Management Displays used.


             Yaluntary BMP Implementation Tracking

             While the impact of BMPs being- implemented through cost-sharing efforts is well
             documented, vital information is missing on the extent and impact of voluntary (non-cost-
             share) implementation of BMPs. To close this information gap, the Department of
             Conservation and Recreation has contracted with the Biological Systems Engineering
             Department at Virginia Tech to collect information on the extent, type, trend, and
             motivation behind voluntary BMP implementation in Virginia. Over 6000 surveys were
             randomly distributed to farmers within the Chesapeake Bay basin and just over 1,300
             surveys were returned. A final report on the survey results is expected in July 1995.
             Analysis of those results will continue in order to relate them to other state initiatives and
             tracking efforts. DCR is currently considering the extension of this survey to the remainder
             of the state.








             September 1995                                                                        11-10









                                                                                 Monitoring and Tracking






              Virginia Agricultural BMP Cost-Share Program Monitoring and Tracking

              BMP implementation resulting from enrollment in the Virginia Agricultural BMP Cost-Share
              Program is tracked in a digital database. The following information is tracked for requests
              for cost-share assistance applicant's name and address, practice type and quantity, BMP
              location data including hydrologic unit code and UTM coordinates, WGIS data, costs,
              funding request approval or denial, extent of BMP implementation, cost-share payment,
              and site specific soil loss and animal waste reductions. DCR uses the database model to
              report water quality improvements, to guide adjustments in program funding and
              administration, and to create randomized lists for program compliance spot checks. At the
              local level, soil and water conservation districts also use the BMP tracking information.

              Soil and water conservation districts enter information regarding each request for cost-
              share assistance into a local database. Each district periodically uses the database
              software to sort, target, and rank requests for cost-share and approve funding for BMP
              implementation. The database software features an accounting section which allows
              districts to monitor local BMP implementation, local program funding status, and to request
              disbursement of program funds from DCR. At the close of each quarter, districts submit
              a copy of their local database to DCR for statewide compilation.


              Monitoring and Tracking Coordination

              To help improve coordination between federal and state agricultural program
              implementation tracking, the Department of Conservation and Recreation is currently
              working cooperatively with USDA, NRCS to develop improved procedures for data sharing.
              and implementation tracking.' This effort will address issues and develop alternatives for
              sharing equipment and databases, analyze processes for collecting and analyzing
              programmatic data, and develop methods that reduce duplication of effort and enhance
              delivery of service to customers.

              Data Analysis

              In addition to the monitoring and tracking programs described above, monitoring is also
              a requirement for numerous watershed implementation projects. These projects provide
              specific information about individual watersheds and they are occasionally the only source
              of information about a given watershed.



              Sep tember 1995








                                                                                  Monitofing and Tracking






              Much of the data being collected through Virginia's various mon        itoring and tracking
              programs and projects is being used in the development of tributary strategies. Ultimately,
              specific nutrient reduction strategies will need to be developed which target nonpoint and
              point source reductions for Chesapeake Bay tributaries. Clearly, extensive monitoring
              data is needed for development of these tributary strategies.

              Because Virginia already has extensive'and relatively'comprehensive monitoring and
              tracking programs in place, no additional monitoring or tracking efforts are proposed at this
              time as part of coastal nonpoint source poll.ution control program development.
































             September 1995                                                                        11-12

















                                   Technical assistance














                                                             CHAPTER 12


                                                Technical Assistance


                Section 6217 requires states to provide technical assistance to local governments and
                the public as part of program implementation. Virginia already has a well developed
                network of local government and public assistance programs which address nonpoint
                source pollution control and coastal resource management. A list and description of
                these programs is included below. Assistance provided by these programs includes
                technical and financial assistance programs designed to: 1) help local governments
                develop the land management plans and ordinances needed to protect coastal resources
                and control nonpoint source pollution and 2) assist private citizens with the
                implementation of management practices which help control nonpoint source pollution
                or conserve coastal resources. Assistance provided through these existing programs
                support implementation of most of the specified management measures.

                One area where the need for additional technical assistance has been identified involves
                marina development and operation. To address this assistance need and help ensure
                compliance with the specified management measures, the Virginia Marine Resources
                Commission is developing a technical assistance program to work with marina owners
                and operators. Assistance provided by this program will be available beginning in FY
                1996. This service is being funded through Section 6217 grant funds.




                                            TECHNICAL ASSISTANCE PROGRAMS

                Department:                       Chesapeake Say Local Assistance
                Program:                          Chesapeake Bay Preservation Program
                Type of Assistance:               Competitive Grant

                Description of Assistance:

                The Department will provide funds to assist local governments and planning districts in Tidewater Virginia
                in their efforts to designate Chesapeake Bay Preservation Areas in compliance with the Chesapeake Bay
                Preservation Act. The availability of local resources is an important consideration, and preference is given
                to those localities with the greatest need and where the greatest water quality benefits can be generated.
                Funding amounts vary based upon project costs.



                September 1995                                                                                      12-1







                                                                                                           Te(.hnical Assisance


                    Department:                       Chesapeake Bay Local Assistance
                    Program:                          Chesapeake Bay Preservation Program
                    Type of Assistance:               Technical

                    Description   of Assistance:

                    Department staff will provide direct assistance to local governments in implementing the provisions of the
                    Chesapeake Bay Preservation Act. Such assistance includes the revision of comprehensive plans, drafting
                    of zoning and subdivision ordinances, designation of preservation areas, and preparation of needed maps.

                    Department:                       Conservation and Recreation
                    Program:                          Agdcultural Best Management Practices Cost-Share
                    Type of Assistance:               Grant

                    Description of Assistance:

                    The Department administers an Agricultural Best Management Practices Cost-Share Program through local
                    Soil and Water Conservation. Districts. The program provides financial incentives and assistance to
                    agricultural landowners and/or operators for the installation of best management practices. The best
                    management practices address the loss of soil productivity caused by erosion and reduc@_the sediment
                    and animal waste pollution of waters. The program targets willing participants from priority watersheds.
                    Department:                       Conse  rvation and Recreation -                                                          I
                    Program:                          Assistance to Soil and Water Conservation Districts
                    Type of Assistance:               Grant

                    Description of Assistance:

                    The Department administers financial grants to local Soil and Water Conservation Districts for operations,
                    clerical assistance, and technical. personnel. Grants have ranged from $13,000 to $70,000.

                    Department:                       Conservation and Recreation
                    Program:                          Digital Geographic Data Distribution
                    Type of Assistandd-               Technical

                    Description of Assistance:

                    The Department makes all of this developed and procured digital geographic data available to anyone.
                    Public and private agencies, business, etc are provided, on request, with a report describing the data
                    available, the geographic extent of the data, the formats available, and the process for ordering, An order
                    form is provided. Assistance is offered an how best to use the data, or to locate more appropriate data
                    for the users application. Special processing services are provided if needed. Prominent digital data
                    layers are: soils, agricultural land use, slope, erosion index, water quality index, watershed and jurisdiction
                    boundaries, NWI wetlands, hydrology, and transportation.

                    Department:                       Conservation and Recreation
                    Program:                          Erosion and Sediment Control Ordinances
                    Type of Assistance:               Technical

                    Description of Assistance:

                    Department staff assists localities in implementing and enforcing. erosion and sediment control ordinances
                    and in assessing stormwater management problems and issues. A minimum of 12 training seminars and
                    two certification exams are planned each year.



                    8eptember 1995                                                                                         12-2







                                                                                                         Technical Assise     nce



                 Department:                        Conservation and Recreation
                 Program:                           Flood Prevention and Protection Assistance Fund
                 Type of Assistance:                Categorical Grant; Loan

                 Description of Assistance:

                 The Department will make loans or grants to localities to provide the required matching funds for flood
                 prevention or protection studies conducted by agencies of the federal government.           Any grant may not
                 exceed 50% of the funds required to be provided by the locality. The maximum term for any loan will be
                 20 years and the interest rate will be 3% annually. Although the General Assembly          has authorized this
                 program, no funds have been appropriated to implement it.

                 Department:                        Conservation and Recreation
                 Program:                           Flood Prevention and Protection Assistance Fund
                 Type of Assistance:                Technical

                 Description of Assistance:

                 Floodplain Management Program staff provide technical assistance to localities in the form of floodplain
                 protection studies and training and educational material.

                 Department:                        Conservation and Recreation
                 Program:                           Natural Resource Use and Protection
                 Type of Assistance:                Technical

                 Description of Assistance:

                 Department staff will assist localities in analyzing their significant natural resources and in developing plans
                 for their use and/or protection- In this regard, the staff will also assist localities in developing land use
                 controls, management plans, conceptual site plans, and management or use agreements with other State
                 agencies.

                 Department:                        Conservation and Recreation
                 Program:                           Natural Heritage Program
                 Type of.Assistance:                Technical

                 Description of Assistance:

                 Department staff has compiled site-specific information regarding plants, animals and habitats in Virginia.
                 The database also contains information on rare plants and animals and significant habitats. In addition
                 to making that information available, the Department will contract with local governments to prepare natural
                 area inventories which can be specially useful in comprehensive land-use planning.

                 Department:                        Conservation and Recreation
                 Program:                           Nonpoint Source Pollution Management
                 Type of Assistance:                Technical

                 Description of Assistance:

                 Department staff will provide assistance to localities on issues related to nonpoint source pollution control
                 management. Technical assistance and education materials are the primary means of assistance,
                 although limited financial support for the implementation of nonpoint source pollution control programs may
                 be available.




                 September     1995                                                                                      12-3







                                                                                                          Technical Assisance






                 Department:                        Conservation and Recreation
                 Program:                           Nutrient Management Program
                 Type of Assistance:                Technical

                 Description of Assistance:

                 The Nutrient Management Program utilizes statewide nutrient management field specialists and program
                 management personnel to develop and/or review voluntary and regulatory nutrient management plans;
                 conduct educational programs for farmers, fertilizer dealers, and consultants; demonstrate appropriate
                 nutrient management techniques;'and assist farmers in soil nitrate testing, manur6 testing, and nutrient
                 applicator calibration.

                 Department:                        Conservation and Recreation
                 Program:                           Shoreline Erosion Advisory Service
                 Type of Assistance:                Technical

                 Description of Assistance:

                 Department staff will assist local governments in devising zoning criteria related to erosion rates. The staff
                 will also help develop minimum design standards for erosion control structures constructed along
                 shorelines.


                 Department:                        Conservation and Recreation
                 Program:                           Shoreline Erosion Advisory Service
                 Type of Assistance:                Technical

                 Description of Assistance:

                 Department staff will assist local governments in evaluating shoreline property they own along tidal waters,
                 in advisirig localities on methods of correcting erosion problems and on the best uses of the affected
                 property.

                 Department:                        Conservation and Recreation
                 Program:                           Stormwater Management
                 Type of Assistance:                T6chnical

                 Description of Assistance:

                 Department staff will assist localities in preparing and.implementing a stormwater management plan and
                 ordinance, and in assessing stormwater management problems and issues.

                 Department:                        Environmental Quality
                 Program:                           Coastal Resources Management Program
                 Type of Assistance:                Competitive Grant

                 Description of Assistance:

                 Of the federal funds available for local coastal resources management, DEQ allocates $20,000 annually
                 to each of the coastal Planning District Commissions (PDC's) to assist in providing technical assistance
                 to their member localities. The remaining funds are distributed to local governments, primarily for devising
                 innovative zoning techniques, improving enforcement of coastal resources related regulations, preparing


                 September 199 5                                                                                         12-4








                                                                                                       T
                                                                                                           h        Assisance
                                                                                                        ec nica


                  inventories and protection plans for coastal resources, low-cost construction and land acquisition for public
                  access and/or habitat protection, etc. A grant recipient must provide a 50% match.







                  Department:                       Environmental Quality
                  Program:                          On-Site Assistance & Training Program
                  Type of Assistance:               Technical

                  Description of Assistance:

                  If an evaluation of a sewage treatment plant, which is seriously failing to meet discharge requirements,
                  reveals that its performance can be significantly improved through the use of improved operation and/or
                  management practices, the Department will provided on-site training and assistance for the facility's staff
                  and management.

                  Department:                       Environmental Quality
                  Program:                          Water Quality Management & Planning Activities
                  Type of Assistance:               Competitive Grant

                  Description of Assistance:

                  The Department funds 75% of the cost of a variety of projects designed to improve water quality
                  management and stimulate water policy planning. DEQ is particularly interested in projects which will
                  address the 1987 Chesapeake Bay Agreement and the Clinch-Powell Interstate Agreement. Projects
                  generally have an October 1 start date and proposals are solicited during the preceding winter.         Grant
                  amounts are flexible but are generally in the range of $30,000 to $50,000.

                  Department:                       Forestry
                  Program:                          Best Management Practices Program
                  Type of Assistance:               Technical

                  Description of Assistance:

                  Department staff will provide advice and other forms of technical assistance to local governments
                  regarding management of forest r@sources, guidelines for the preservation of trees by developers, general
                  urban forestry problems, and other issues related to trees and forests.

                  Department:                       Forestry
                  Program:                          Land Use; Forestal Uses
                  Type of Assistance:               Technical

                  Description of Assistance:

                  Local governments are allowed to enact ordinances providing for special assessments of property used
                  for agricultural, horticultural, forestal, or open-space purposes. The staff of the Department of Forestry
                  will provide guidance to local governments in judging whether particular parcels proposed for forestry use
                  assessment meet the guidelines     required by st atute.

                  Department:                       Game and Inland Fisheries
                  Program:.                         Fish and Wildlife Information Service
                  Type of Assistance:               Technical


                  Septelnber 1995                                                                                      12-5








                                                                                                      Technical Assisance


                  Description of Assistance:

                  The Department has compiled several wildlife databases which can provide local officials with information
                  needed in preparing comprehensive plans and in managing natural resources. These databases contain
                  information at the county level on the species in an area and their habitat requirements. From this
                  information the Department can help assess the effect of proposed development on various species.
                  There are also databases with which the Department can identify any threatened and endangered species
                  in a specific area and provide information on fish populations.



                  Department:                      Game and Inland Fisheries
                  Program:                         Fish Passage Grant and Revolving Fund
                  Type of Assistance:              Categorical Grant

                  Description of Assistance:

                  The Department will help fund    the construction of fishways for any local government which owns a dam
                  or other facility that prevents fish from traveling upstream from the ocean to spawn. The Department will
                  pay 75% of the cost of the project and loan the balance to the locality at low or no interest, with the loan
                  repaid over 10 years.

                  Department:                      Marine Resources Commission
                  Program:                         11dal Wetlands Program
                  Type of Assistance:              Technical

                  Description of Assistance:

                  Commission staff assists local wetlands boards by attending meetings and providing whatever advice and.
                  professional assistanceis needed.

                  Department:                      Taxation
                  Program:                         Use Value Taxation
                  Type of Assistance:              Technical

                  Description of Assistance:

                  In conjunction with the State Land Evaluation Advisory Council, the Department annually determines and
                  publishes recommended use-valu@s for qualifying real estate in agricultural, horticultural, forest, and open
                  space uses in jurisdictions that have authorized use-value taxation. The Department provides technical
                  assistance and answers questions concerning applications of the laws and procedures to localities which
                  have adopted ordinances granting preferential real estate assessments to the above mentioned categories.

                  Department:                      Virginia Institute of Marine Science
                  Program:                         Estuarine Research Reserve Program
                  Type of Assistance:              Technical

                  Description of Assistance:

                  Institute staff will share information gathered from its ongoing research an will assist local governments
                  in making decisions regarding the effects of their policies and actions on natural resources. The Institute
                  is also interested in learning what are the issues and problems facing local governments. For example,
                  the Institute is conducting research on the impacts of sea level rise and fresh water diversion for public
                  water supplies, and the information from this research could be used in determining the minimum instrearn
                  flow necessary to protect aquatic life. Further, the Institute can assist local governments in the provision


                  September 1995                                                                                     12-6







                                                                                                           Technical Assisance


                    of baseline information on shoreline erosion and the effects of the construction of shoreline erosion control
                    structures.


                    Department:                        Virginia Institute of Marine Science
                    Program:                           Wetlands Inventory Program
                    Type of Assistance:                Technical

                    Description of Assistance:

                    The Institute has prepared an inventory of all tidal wetlands in the State, cataloging their location and their
                    ecological and biological characteristics and value. With this information, the Institute can provide maps
                    showing the exact location of the wetlands.



                    Department:                        Virginia Institute of Marine Science
                    Program:                           Wetlands Advisory Program
                    Type of Assistance:                Technical

                    Description of Assistance:

                    Institute staff assigned to the wetlands advisory program, provides scientific and technical advice to local
                    wetlands boards. For each application for a permit to build in or near wetlands, a written assessment of
                    the environmental impact of the proposed activity will be prepared. In addition, technical and scientific
                    advice to local planning staffs on general issues pertaining to wetlands and shorelines is available.


































                    September 1995
















                                        Appendices












                              -7-7













                                                                                                                      Appendix A










                          RESPONSE TO THRESHOLD REVIEW COMMENTS
                                            FROM NOAA AND EPA



              ANALYSIS OF THRESHOLD REVIEW COMMENTS

              This document addresses threshold review comments received from the National Oceanic
              and Atmospheric Administration (NOAA) and the U.S. Environmental Protection Agency
              (EPA). It was developed based an information provided by state agencies which
              participated in the development of the Virginia Threshold Review Report. It forms a basis
              for determining what additional actions will be needed to comply with Section 6217 of the
              Coastal Zone Act Reauthorization Amendments.

              Threshold review comments from NOAA and EPA provide an assessment of existing state
              programs that address nonpoint source pollution. At Virginia's request, NOAA and EPA
              conducted an informal review of all program elements included in the threshold review
              report submitted in June of 1994. Threshold review comments address the program
              boundary and all categories of nonpoint pollution addressed by the federal guidance. A
              threshold review meeting was held in Richmond on December 13 and 14, 1994, and we
              received threshold review comments March 27, 1995. The deadline for program submittal
              remains July of 1995; however, administrative changes made to the program provide for
              conditional approval for up to five years if necessary to make changes to address
              incomplete program elements.



              THRESHOLD REVIEW COMMENTS AND STATE AGENCY RESPONCES



              Boundary

              Virginia Position

              Virginia's threshold review document identifies three possible options for addressing
              NOAA's boundary recommendation. The options are as follows: 1) Modifying the Existing
              Coastal Zone, 2) Establishing a Separate 6217 Management Area, or 3) Demonstrating
              that a Smaller Area Will Restore and Protect Coastal Waters. The document indicated
              that no decision has yet been reached on how to respond to NOAA's boundary
              recommendation. However, at the threshold review meeting, it was explained that the
              Commonwealth will be seeking to retain the existing coastal zone as the State's 6217
              management area. Therefore, all discussions at the threshold review were limited to
              programs that operate within Virginia's existing coastal zone.












               NOAA and EPA Position


               As discussed at the threshold review, NOAA's basic recommendation for the 6217
               management area boundary was coastal watersheds. Virginia's. existing coastal zone
               closely approximates the coastal watershed boundary recommended by NOAA, except in
               certain areas where the coastal zone boundary follows political jurisdictions rather than
               hydrologic delineations. Since the threshold review meeting, NOAA and EPA have issued
               further guidance regarding the geographic scope of state coastal nonpoint programs. As
               described in the January 6, 1995 letter to Dr. H. Wayne Beam, Chairman of the Coastal
               States Organization (See Appendix A), NOAA and EPA will generally defer to a state 6217
               management area, except as described in item 4 below.


               General Comments


               1.    The Introduction section of Virginia's threshold review document -includes a
                     discussion of the 6217 management area. The State'swritten description and map
                     of NOAA's recommendation appear to have misinterpreted the boundary
                     recommendation letter sent by NOAA to Virginia on March 31, 1993, NOAA's basic
                     recommendation for Virginia was coastal watersheds, defined as the U.S.
                     Geological Survey Cataloging Units adjacent to the coast and extending along
                     estuaries to include the Cataloging Unit that encompasses the head of tide.
                     NOAA's recommendation also pointed out that, for certain watersheds (in Virginia,
                     the upper portion of the Rappahannock and Potomac watersheds), NOAA's
                     Characterization Report contained information that there are significant indicators
                     of nonpoint pollution above the coastal watershed boundary. For these so called
                     "look beyond" watersheds, NOAA recommended only that the State evaluate these
                     areas as part of the program development process.

              2.     NOAA and EPA believe that the coastal watershed provides a logical basis for
                     establishing the geographic scope of coastal nonpoint programs. Further, NOAA
                     and EPA recognize the limitations of the data that were used in making boundary
                     recommendations and expect that states and territories will have more specific
                     information to better delineate the geographic scope of their coastal nonpoint
                     programs. Therefore, NOAA and EPA expect that Virginia may use additional
                     information to determine its boundary, and may submit an alternative, less
                     extensive 6217 management area in the July 1995 program submittal than that
                     originally recommended by NOAA and EPA.

              3.     Based on the discussion at the threshold review meeting, it appears that Virginia
                     will propose the existing coastal zone as the Commonwealth's 6217 management
                     area. As described below, NOAA and EPA will generally defer to Virginia and the
                     burden of proof is on the federal agencies to determine the adequacy of the 6217
                     management area to protect and restore coastal waters. As part of the July 1995

                                                          2








                      program submission, Virginia should identify the geographic scope of lho; coo-sial
                      nonpoint program and provide a rationale for the proposed 621't                    ,irea.
                      NOAA and EPA recognize that state-specific circumstances will irnpact th(i types
                      of information that Virginia will use. Therefore, NOAA and EPA will work
                      cooperatively with the Commonwealth to agree upon a final boundary of the
                      program that meets both the intent of the statute and Vi   rginia'.s needs,

               4.     As part of the program approval process, NOAA and EPA must develop Findings
                      on Virginia's 6217 management area. In order to develop these. Findings, NO A-A
                      and EPA will review the Commonwealth's rationale for the 6217 rnanagell-lent arpa,
                      as well as any comments received during the public comment p6riod. If 9-16re are
                      indications that the 6217 management area excludes: (a) existing lond or water
                      uses that reasonably can be expected to have a significant irnpaot on coastal
                      waters of the State, or (b) reasonably foreseeable threats to coastal waters from
                      nearby activities landward of the State's 6217 management area, NOAA and EPA
                      will go through a three-step process and examine:

                      (1)     whether there is an existing coastal Water problem, SLIch as exceodanc-es of
                              state water quality standards, fishing advisories, shollfish bed closures, etc.
                              NOAA and EPA will base this analysis on available information, illClUding
                              305(b) and 319 reports and 303(d) lists. NOAA and EPA will also examine
                              reasonably foreseeable threats to living coastal feSQUrces and evaluate
                              whether threats are due to nonpoint sources landward of the
                              Commonwealth's 6217 management area.

                      (2)     whether there are existing or reasonably foreseeable land or watur uses
                              excluded from the Commonwealth's 6217 managcn,ion( carea that prosent or
                              are reasonably expected to present impacts or threats to coastal waters
                              identified above.


                      (3)     where necessary to resolve remaining questions, NOAA and EPA will work
                              with Virginia to apply a variety of tools, including fate and transport models,
                              local studies and other modelling analyses, to evaluate the delivery of
                              nonpoint source pollutants to coastal waters.

               RESPONSE.-


               The Commonwealth of Virginia plans to implement a coastal nonpoint pollution control
               program within Virginia's existing coastal zone management area. Consistent with the
               intent of section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990, this
               program will build on and strengthen existing coastal resource management and nonpoint
               pollution control efforts within Virginia's designated coastal zone.



                                                             3








               The National Oceanic and Atmospheric Administration's (NOAA) basic coastal watershed
               boundary recommendation and the recommended "look beyond area' would require
               Virginia to create a separate secfion 6217 management area which would extend welt into
               the piedmont and lidge and valley physiographic provinces. Implementing a program in
               the recommended area would not build on exisfing accomplishments; rather, it would
               requite new legislation and regulations. Moreover, there is considerable public opposition
               to any proposal to implement a coastal nonpoint pollution control program outside of the
               existing coastal zone.

               Virginia has a long history of coastal resource man aigement within Tidewater. The people
               of Virginia who live and work in Tidewater tend to have strong cyltural ties "to the
               Chesapeake Bay and Virginia's other coastal resources, and they have. supported the
               enactment of legislation to protect these resources.

               Virginia's coastal zone is coterminous with Tidewater Virginia which is defined in the Tidal
               Wetlands Act as counties and independent cities which touch upon any porliqn of a tidal
               water body. In fact, the term Tidewater is legal basis upon which the Virginia Coastal
               Resource Management program defines the coastal zone. This geographic area closely
               corresponds to the NOAA's basic coastal watershed boundary recommendation and it
               provides a logical basis for defining the coastal nonpoint pollution control program
               boundary.

               There are a number of technical considerations regarding the hydrologic units used to
               determine NOAA's boundary recommendation that support Virginia's position that coastal
               nonpoint pollution control program should be implemented within the Virginia's designated
               coastal zone.


                      40     The United States GeologicSurvey (USGS) cataloging unit HUC02080205
                             on the James River does not include the head of tide. This unit is intended
                             to demarcate the change in the character of the liver from free flowing to
                             tidal. - A hydrologic unit system analysis recently completed in Virginia
                             specifically locates the nontidal portion of the James River at the break
                             between HUC02080205 and HUC02080206. This analysis was done at a
                             1:24, 000 scale.     The head of tide is contained in cataloging unit
                             HUC02080206. Therefore the HUC02080205 cataloging unit should not be
                             included in the coastal watershed boundary recommendation.

                             The majority of HUC02080207 is intercepted by Lake Chesdin on the
                             Appomattox River and the major remaining portion of this unit is located
                             within Virginia's designated coastal zone. Therefore, we believe that the
                             coastal zone boundary covers a sufficient portion of this cataloging unit to
                             meet program objectives.



                                                            4








                             Virginia does not believe that the upper portions of the York River basin
                             (HUC02080106) should be included in the coastal nonpoint pollution control
                             program boundary because the North Anna River is impounded at Lake
                             Anna. This lake isolates the upstream portions of the drainage area from
                             coastal waters. As well, the Virginia Nonpoint Source- Pollution Watershed
                             Assessment report indicates that them are no high priority watershed's in this
                             portion of the York River basin.

               Prior to the administrative changes made to the program, Virginia was faced with the the
               burden of proof in retuting the boundary recommendation, which did in fact include the so
               called "look beyond" area. With these changes, NOAA and the Environmental Protection
               Agency (EPA) have agreed to generally defer to Virginia in making the program boundary
               determination. With regard to the so called "look beyond" area of the NOAA boundary
               recommendation which includes the upper Potomac Rappahannock River basins, Virginia
               has determined that this geographic area will not be considered part of the Section 6217
               management area. Moreover, NOAA may have over steped their statutory authority in
               recommending that the Shenandoah River basin be included in the "look beyond" area
               because it drains into West Virginia. Consistent with the statute limitations that exclude the
               State of West Virginia and the Susquehanna River basin in the State of Pennsylvania, this
               area should not be included in NOAA's recommendation.

               We recognize that there are sources of nonpoint pollution located outside of Virginia's
               coastal zone and that these sources of pollution can have a significant impact on the health
               of Virginia's coastal resources. However, creating a coastal nonpoint pollution control
               program boundary which is separate from the. state coastal zone boundary and which
               extends into the mountains of Virginia is not a tenable way to address these sources of
               pollution. Rather, Virginia will continue with development and implementation of a tributary
               strategy approach to address these sources of pollution. The tributary strategy program,
               has similar objectives as the coastal nonpoint pollution -control program but it will be
               implemented through a mix of regulatory controls and voluntary efforts and will address
               both point and nonpoint sources of pollution. In addition this program is already under
               development and has broad @esed public support.

               As noted by NOAA and EPA, Virginia's designated coastal zone closely approximates the
               coastal.watershed boundary recommendation except where the coastal boundary follows
               politicalJOrisdictions rather then hydrologic delineations. We believe that these differences
               are not significant and can be supported by the political, programmatic, and technical
               considerations discussed above. Moreover, we believe that Virginia can achieve the water
               quality objectives of section 6217 through program implementation within the existing
               coastal zone.







                                                             5











              AGRICULTURE


              Virginia Position

              In the threshold review document, Virginia proposes that the Commonwealth fully meets
              the management measures for agricultural sources within the existing coastal zone except
              for irrigation water management, which is partially met. In NOAA's recommended 6217
              management area, including those watersheds recommended for analysis as part of
              program development, Virginia proposes that the Commonwealth partially meets all
              management measures, except for B1 and B2, which are fully met.

              Programs focused on in the document include the Chesapeake Bay Preservation Area
              Designation and Management Regulations, the Agricultural BMP Cost-Share Program, and,
              the Virginia Pollution Abatement Permit Program. Other relevant programs are also
              described.


              NOAA and EPA Position


              Virginia has a well-developed agricultural water quality program within the existing coastal
              zone. The Chesapeake Bay Preservation Act (CBPA) requires soil and water quality
              conservation plans (SWQC plans) for a large number of farms in Tidewater Virginia. It
              appears to NOAA and EPA that SWQC plans generally address tHe erosion, nutrient, and
              grazing manage   ment measures as well as parts of other management measures (see
              specific comments below). While the SWQC plans appear to provide a good vehicle for
              implementing the agricultural management measures and plan components are technically
              sound, there may be a need for broader implementation within the management area.

              As discussed at the threshold review meeting, the following comments focus on Virginia's
              programs within Tidewater Virginia (which approximates the existing coastal zone). Where
              .the 6217 management area is mentioned in these comments, NOAA and EPA are
              generally referring to the Commonwealth's definition of Tidewater Virginia. NOAA and
              EPA note that for portions of the Eastern Shore and southeast Virginia, the Chesapeake
              Bay Preservation Act does not apply.



              General Comments and Questions

              1 .   In general, the threshold review submittal provides a good overview of the Virginia
                    programs which address agriculture within the coastal zone.              For certain
                    management measures, the document proposes that State programs meet the
                    program requirements without providing a specific discussion of how this is
                    accomplished. For these instances, which are more fully described below, the
                    State should provide some additional clarification in the program submission on


                                                           6









                     how Virginia's programs address indiv  idual measures.

                     Response: Comment Acknowledged.


             2.      The Virginia Land Use Assessment Law appears to provide'a means to achieve
                     greater implementation of the agricultural management measures. Are there
                     currently a large number of farms within the 6217 management area participating
                     in this program?

                     Response:     The Virginia Department of Agriculture and Consumer S6rvices
                                   (VDACS) sets standards for use value assessment and maintains
                                   acreage figures thr a subset of land enrolled in use value assessment.
                                   The annual calculations of the actual use values are performed by
                                   Virginia Polytechnic Institute and State University (VPI&SU). The
                                   number of farms enrolled in local use value assessment programs
                                   has been requested from VP1&SU and, once received, will be
                                   provided.


             3.      NOAA and EPA have received a copy of a report entitled A Preliminary Analysis o'f
                     Expected Farm Level Impacts of the Coastal Zone Reauthorization Amendments
                     of 1990 prepared for the Virginia Department of Agriculture and Consumer Services
                     (VDACS). While this study was not included in the threshold review document, it
                     was discussed briefly at the threshold review meeting and appears to provide a
                     good tool for evaluating economic impacts of the coastal nonpoint program. NOAA
                     and EPA have provided some comments on this study in Appendix B of this
                     document.


                     Response: Comment Acknowledged.


             4.      NOAA and EPA un(:6rstand a study is underway in Virginia to identify where
                     agricultural best management practices (BMPs) have been voluntarily implemented
                     on farms without cost-share assistance and not as part of governmental program.
                     NOAA and EPA would appreciate more information when its available.

                     Response: The Department of Conservation and Recreation (DCR) is planning
                                   to complete additional analysis of the survey results.           Upon
                                   completion DCR will provide NOAA and EPA staff with a copy of the
                                   results of the study.




                                                          7









              5.      VR-1 73-02-01 ï¿½4.2.9 states that "land upon which agricultural activities are being
                      conducted [in the Chesapeake Bay Preservation Area] shall have a soil and water
                      conservation plan." If DCR finds by July 1, 1991 "that the implementation of the
                      existing agricultural conservation programs is inadequate to protect water
                      quality ... the Board ... may require implementation" of BMPs. What was the result of
                      this 1991 study?

                      Response: DCR concluded in 1991 that no additional Chesapeake Bay Local
                                    Assistance Board (CBLAB) regulations conceming agriculture were
                                    justified for the implementation of the Chesapeake Bay Preservation
                                    Act (CBPA). A copy of the report is will be included in 'the final
                                    program submittal.

              Specific Management Measure Analysis

              Erosion and Sediment Control Management Measure

              1       The requirement for implementation of a soil and water quality conservation plan
                      when the buffer area has been reduced to 25 feet appears to be in conformity with
                      the erosion and sediment control management measure, since the soil and water
                      quality conservation plans include the erosion component of a Conservation
                      Management System (CMS). What remains difficult to evaluate is the extent to
                      which farms within the 6217 management area are actually implementing either soil
                      and water quality conservation plans or some other type of plan only if a landowner
                      wishes to reduce the buffer to 25 feet, it is unclear whether this approach will
                      ensure widespread implementation. Of those farmers who do not reduce the buffer
                      to 25 feet, what percentage participate in cost-share programs which require a
                      conservation plan?

                      Response:     'The Virginia Agricultural BMP Cost-Share Program requires that a#
                                    requests for cost-share assistance result from the development and
                                    need to implement a conservation plan which addresses erosion
                                    control a@ a minimum. The U. S Department of Agriculture (USDA)
                                    Consolidated Farm Services Agency's Agricultural Conservation
                                    Program requires the same. The exact percentage of farmer
                                    participation in cost-share programs is not known.


             2.       The requirement for a 1 00-ft buffer along any tributary stream may meet the second
                      part of the erosion management measure. Sample maps showing where buffers
                      apply in the 6217 management area would be helpful in evaluating how this
                      requirement may meet the management measure. Also, any information that may
                      have been compiled on the effectiveness of the buffers in reducing pollutant
                      loadings would be helpful.

                                                            8










                    Response:      Maps showing how localities have typically designated Chesapeake
                                   Bay Preservation Areas are attached.            While CBLAD has not
                                   independently done any assessments of the effectiveness of buffers
                                   (riparian areas) in reducing sedimentation, the   1. 00 foot buffer meets
                                   or exceeds the filter strip design criteria specified in the Field Office
                                   Technical Guide. Buffer reductions are allowable with implementation
                                   of erosion control measures in the field. the twenty five and fifty foot
                                   buffers meet or exceed the field border design criteria specified in the
                                   Field Office Technical Guide (FOTG). As a practical matter the
                                   majority of tarms have sought buffer area reductions and have
                                   implemented fann plans which meet the erosion and sediment control
                                   management measure.


             3.     Regarding the Agricultural BMP Cost-Share Program, are spot check reports (form
                    DSWC-1 12) the basis for the suspension of funding or the requirement that funding
                    be returned due to a practice failure? How has the State addressed instances
                    where spot checks identify failure to properly install or maintain a practice?

                    Response:      The spot check process monitors participants'BMP maintenance. If
                                   a practice is found in noncompliance, soil and water conservation
                                   districts (SWCD) will work with the participant to correct any
                                   deficiencies. If the deficiencies are not corrected within appropriate
                                   time frames, SWCDs will request a refund of the cost-share payment
                                   from the participant


             4.     The Virginia Income Tax Credit (ï¿½58.1 IA32, ï¿½58.1 1-337, and ï¿½58.1-436) provides
                    a tax incentive for the purchase of no till equipment and advanced technology
                    pesticide and fertilizer application equipment. How widespread is participation in
                    the tax credit program'? Are the levels of participation increasing?

                    Response: Adoption of the no-till equipment tax credit has been extensive and
                                   contributed to the rapid adoption of no-till practices for conservation
                                   and economic reasons. Use of the credit for this purpose appears to
                                   be levelling off

                                   Amendments by the 1990 General Assembly added certain types of
                                   nutrient and pesticide application equipment. The credit for nutrient
                                   and pesticide application equipment requires the operator to develop
                                   a nutrient management plan approved by the local Soil and Water
                                   Conservation District. DCR estimates that approximately 400 of the
                                   approximately 1,300 completed farm nutrient management plans

                                                            9









                                      developed by DCR personnel were requested due to the tax credit.
                                      Participation in this part of the tax credit program is still increasing.
                                      DCR recently developed brochures which promote the tax credit and
                                      nutrient management to farmers. In add&n to traditional approaches
                                      to distribution, the brochures are being distributed through retail farm
                                      equipment dealers.


                Confined Animal Facility Management Measure (Large Units and Small Units)

                1 .    The Virginia Pollution Abatement Permit Program and the General Permit         seem to
                       address the B1 measure for facilities greater than 300 animal units. However,
                       coverage may be lacking for smaller facilities. The Virginia Pollution Abatement
                       Permit Program requires storage for up to 25-year, 24-hour storm. Based on
                       discussions at the threshold review, the practical application of the law results in
                       facilities being designed to store the 25-year, 24-hour storm.

                       Response:      State regulations allow the Department of Environmental Quality
                                      (DEQ) to impose the waste management requirements on any animal
                                      feeding operation that is causing a water quality impact, regardless of
                                      the number of animal units present. Moreover, Virginia's categories
                                      for animal feeding operations are identical to those in EPA's
                                      regulations at 40 CFR 122 Appendix B. From a practical standpoint,
                                      Virginia encourages voluntary compliance with the management
                                      measure through brochures recently developed by DCR which
                                      promote animal waste management and nutfient management to
                                      farmers regardless of operation size, and the commonwealth has the
                                      enforceable authority to address activities which are causing an
                                      adverse water quality impact. Additional copies of these brochures
                                      are enclosed.



               2.      Recent changes to the"Virginia Pollution Abatement Permit Program        have been in
                       place for the past year. Does Virginia have information on the number of confined
                       animal facilities that have been permitted or have permit applications pending?
                       What is the relative percentage of confined animal facilities in the 6217
                       management area affected by Virginia Code ï¿½62.1-44.17:1 (General Permit) as
                       compared to the number of facilities subject to the applicability statements in the (g)
                       guidance?

                       Response: According to DEQs database, DEQ has issued VPA permits to 56
                                      confined animal feeding operations. There are an unknown number
                                      of confined animal feeding operations under the old No-discharge
                                      Certificate program. DEQ expects that most of them will not be carried

                                                             10








                                       tbrward into the VPA program as the NDCs are pha,-,@eo Out over the
                                       next three years since the sites have too few animals to qualify for- the@
                                       VPA program and do not pose a threat to water quality. In addition to
                                       the 56 VPA permits, DEQ has issued coverage to 14 owners under
                                       the new General Permit for Confined Animal, Feeding Operations.
                                       The general permit is only applicable to operations with 300 or more
                                       animal units, so it will not cover all the facilities that are included in the
                                       EPAINOAA guidance.

                                       Virginia does not have information on the number of ope      rafion,@ within
                                       the 6217 management area which are subject to the applicability
                                       statements in the (g) guidance, so cannot provide an estimate of the
                                       relative numbers. Given the lower number of animal operations, in
                                       general, within the 6217 management area it is expected that the
                                       number is low,



               3.      As discussed at the threshold review, poultry operations are permitted only if they
                       use a wet manure system or if storage conditions are questionable. How is manure
                       on non-permitted poultry farms treated i       n terms of runoff control and nutrieni
                       management?

                       Response:       Virginia has been aggressive in pursuing nutrient managernent plan
                                       development and implementation on non-permitted poultly
                                       operations. Several counties in the major poultry producing areas
                                       have ordinances which address storage and approptiate land
                                       application of manure. An estimated 20 additional counties are now
                                       considering similar zoning ordinances. Many of the ordinances
                                       require an approved nutrient management plan and storage site for
                                       new and existing poultry operations.


               4.      Listed below is a comparison of the cutoffs (# head) of the Virginia permit program
                       and the (g) management measures:

                                              CAFO(VPDES)            1AF0 Men._Permitl B1                  B2
                       beef feedlots                  1,000                 300            300             50
                       horses                         500                   150            200             100
                       dairies                        700                   200            70              20
                       layers/broilers                100,000               30.000         15,000          5,000
                       turkeys                        55,000                16,500         13,750          5,000
                       swine                          2,500                 750            200             100








                       Does Virginia have information on the number of operations in the 6217
                       management area that fall into the Confined Animal Feeding Operation (CAFO),
                       Intensified Animal Feeding Operation (IAFO), 131 and B2 categories? This
                       information may be useful in tracking implementation of the management measures.
                       Response:      DEQ has pel7nitted 7 CAFOs and 49 lAFOs un@er the VPA individual
                                      permit. 14 facilities have been issued a VPA general permit. The
                                      number of general permits issued in the 6217 management area is
                                      unknown; however, the number is expected to be low due to the
                                      limitedflumber of confined animal feeding operations located in the
                                      proposed 6217 management area.


               5.      According to the threshold review discussion with Virginia, operations below the
                       number of listed for IAFO (but still required to store runoff under BI measure) could
                       be issued an individual permit. An individual permit can be issued if the site is a
                       41potential or actual contributor of pollution" (an on-site visit is required). Depending
                       on the number of operations that might be affected, this could provide a vehicle for
                       ensuring implementation of the management measures for operations that fall
                       below the State cutoffs for number of animals.


                       Response:      Comment Acknowledged


               Nutrient Management Measure

               1 .     SWQC    plans include a nutrient management component. Does CBLAD require
                       implementation of a nutrient management. plan? Do any local governments in
                       Tidewater Virginia have requirements for plan implementation?

                       Response:      A complete nutrient management plan is included as a component of
                                      a SWQC plan. Full implementation of a SWQC plan is required in
                                      order lbr-a farmer to reduce the buffer to 25 feet total width. For a 50
                                      foot reduction, acceptable nutrient management and soil erosion
                                      control best management practices are required to be implemented.

                                      Several counties have chosen to require plan implementation. One
                                      county requires plan implementation prior to granting local sludge
                                      application permits.






                                                              12








             2.     Does Virginia have information on the number of farms that are likely to develop
                    nutrient management plan within the 6217 management area?

                    Response: DCR estimates 3,000 farm nutrient management plans will be
                                   developed in the next 5 to 7 years in the 6217 management area due
                                   to tax credit, VPA permits, cost-share, and * sludge regulations.
                                   Another 3,000 nutrient management plans will be developed for
                                   agricultural tracts through the CBPA in the same period.


             3.     For the General Permit program, DEQ can require a nutrient management plan for
                    operations less than or equal to 1,000 AU having liquid waste. How often has this
                    been done? Under the circumstances has this been done? Is there written
                    guidance on this?

                    Response: Under the VPA general pennit, all operations down to 300 animal
                                   units in size must submit an approved nutrient management plan.
                                   There are no exceptions. This requirement is established under
                                   Sections 62.1 - 44.17J of the Code of Virginia (altached).


             Pesticide Management Measure

             I .    In the program submission, please provide a copy of the guidance used to develop
                    Pest Management Plans. It would also be helpful to include an example plan for
                    a typical crop grown in the 6217 m  anagement area.      -

                    Response: A copy of the guidance and an example of a pest management plall
                                   will be included in the program submittal.


             2.     The threshold review document (p. 2-24) states "Chesapeake Bay Local Assistance
                    Board policy requires a pest management plan." It appears that this requirement
                    has been implemented by including a pest management component as part of the
                    soil and water quality conservation plan. Are pest management plans developed
                    for other agricultural operations when a SWQC plan is not required? How does
                    Virginia ensure that pest management plans are implemented?

                    Response: Pest management plans are developed for state-owned agricultural
                                   operations as part of required comprehensive conservation plans.
                                   NRCS is utilizing pest management planning as part of voluntary total
                                   resource conservation planning.



                                                         13




                                                                                                            .... ... ...






                                     Curently there are no formal inspections being done for the
                                     implementation of pest management plans by farmers. The pest
                                     management plan is an educational tool that guides the farmer toward
                                     economic and ecological choices when making a pest control
                                     decision. By law, the farmer must follow the label on the pesticide
                                     container and with restricted use pesticides, the applicator must be
                                     licensed. The Virginia Department of Agriculture also performs
                                     random inspections to make sure that the application procedures for
                                     applying restricted use pesticides are followed and that label
                                     instructions are followed.



               3.     VR 115-04-03 ï¿½17 requires that "all pesticide application equipment shall be
                      properly equipped to dispense the proper amount of material." Part B of ï¿½17
                      requires anti-backfiow devices for hoses. These provisions appear to address parts
                      5 and 6 of the management measure.

                      Response: No response required.


              4.      Certification exempts pesticides applied  for private use (ï¿½3.1-249.52, VA Pesticide
                      Control Act). How does the State reach farmers who apply pesticides themselves
                      and do not participate in Extension Service programs?

                      Response:      Famers who use restricted use pest(cides are required by the Virginia
                                     Pesticide Control Act to have a private pesticide applicators license;
                                     Sect. 3.1-249.54(A). In order to be licensed, farmers are required to
                                     participate in Cooperative Extension training sessions on pesticide
                                     use. Private applicators     are also required to participate in
                                     recerfification training sessions every two years to keep their license
                                     up to date. This training is intensive and includes the many aspects of
                                     pesticide use and safe-guarding the environment.
                                             If                                                                        I

                                     Farmers who are not licensed must rely on their local chemical dealer
                                     to apply restricted use pesticides, if needed.

                                     Extension attempts to reach all farmers with educational efforts
                                     through newsletters, newspaper articles, field days, winter workshops
                                     and through one on one contact.






                                                            14









              Grazing Management Measure

              1      As described in the threshold review document, within the Resource Protection
                     Area the buffer area can be grazed so long as the buffer is managed to retard
                     runoff, prevent erosion and filter nonpoint source pollution from runoff. How does,
                     this requirement work in practice? Does the management of the buffer area include
                     any of the items in component (1) of the management measure? In the program
                     submission, it would be helpful to relate how the management of the buffer may
                     accomplish the specific components of the (g) management measure.
                     Response:      Maintaining the quality and performance of the buffer while'@)Iowing
                                    cattle to graze can be accomplished with proper management or very
                                    low animal densities, Specifications for maintenance of pasture
                                    (seeding rates, clipping, animal densities, etc) and for vegetative
                                    borders and filter strips are provided in the USDA NRCS Field Office
                                    Technical Guide(FOTG).

                                    Practices such as intensive rotational management, streambank
                                    fencing, hardened watering access or alternative drinking water
                                    locations, and density limitations can be employed to allow grazing
                                    without compromising the buffer's performance. The practices are
                                    chosen to meet the needs of the specific operation and the
                                    characteristics of the sensitive area.

                                    The use of management practices such as -grazing land'orotection,
                                    loafing lotmana-gement, no-till pasture and haylan andstreambank
                                    fencing significantly reduce the physi@;al disturbance and reduce direct
                                    loading of animal waste and sediment caused by livestock. For this
                                    reason, these types of management practices are financially
                                    supported through the state's Agricultural Best Management Practices
                                    Cost-Share Program to ensure that the buffer area is properly
                                    maintained and remains effective.           In addition, the USDA-
                                    Consol0ated Farm Services Agency also provides financial
                                    assistance for many of these practices.

                                    The CBPA requires localities to include agricultural provisions in their
                                    ordinances -and has thereby delegated enforcement of these
                                    provisions to the localities.

                                    Virginia provides financial assistance to landowners for BMPs that
                                    protect the riparian zone directly. In addition, proper management of
                                    adjacent lands to prevent erosion, channefization, etc. is also
                                    addressed and financially supported. Both the CBPA and the grazing
                                    management measure focus on the riparian zone, with

                                                           15








                                       acknowledgement that the control of erosion from grazing lands
                                       above the riparian zone is also important.

                                       Depending on the natural charactedsti6s of the site, and the nature of
                                       the operation, one or   more of the management measures may be
                                       addressed in a SWQCP to protect the buffer and sensitive resource.
                                       The CBPA refers to the USDA-NRCS FOTG to reduce erosion on
                                       grazing land.


                2.      The buffer area requirements under ï¿½4.3.8 of the CBPA Regy1ations include "a
                        1 00-foot buffer area of vegetation that is effective in retarding runoff, preventing
                        erosion, and filtering nonpoint source pollution ... buffer area shall be deemed to
                        achieve a 75% reduction of sediments and a 40% reduction of nutrients." How is
                        the function of the buffer maintained?


                        Response:      Specifications for maintenance of vegetative buffers and filter stlips
                                       are provided through   the NRCSs Field Office Technical Guide. In
                                       addition to maintaining the buffer itself, the FOTG also provides
                                       standards and specifications for managing lands directly adjacent to
                                       the buffer to prevent the buffer from being impaired.          Although
                                       forested riparian buffers are left in their natural state, actions can be
                                       taken to prevent channelized flow from entering the buffer.


               3.       The threshold review document includes a description of the practices that have
                        been used to meet the management measure as part of the Agricultural BMP Cost-
                        Share Program. According to the document, participants who implement the
                        Stream Protection and Woodland Buffer Filter Area BMPs are required to exclude
                        livestock from sensitive areas as a practice component. Other BMPs listed, such
                        as Grazing Land Protection and Loafing Lot Management, provide alternative water
                        sources. These BMPs appear to be in conformity with the set of options listed
                        under component (1) for this management measure.

                        Response: Under the Agriculture BMP Cost-Share Program, livestock exclusion
                                       from live streams and other sensitive features is required as a practice
                                       component of the Grazing Land Protection (SL-6) and Loafing Lot
                                       Management Systems (WP-48) practices.







                                                              16









             Irrigation Water Management

             1      The Surface Water Management Area regulation, VR-680-15-03 does not seem to
                    regulate against unnecessary withdrawals, i.e. withdrawals where soil conditions
                    indicate irrigation is not necessary. Can the measurement of soil-water depletion
                    volume be incorporated into the permit and certificate program? If not, at least the
                    regulation provides a means of tracking where there are surface water withdrawals
                    and where there may be a need to address irrigation.

                    Response:      Water conservation MY be a major part of every Surface Water
                                   Withdrawal Certificate DEQ issues. DEQ considered the option of
                                   including soil moisture management in the permits issued under the
                                   Surface Water Management Area regulation; however, after
                                   consultation with Cooperative Extension, DEQ decided not to require
                                   it. Extension experts felt that farmers would not over irrigate, because
                                   of the expense involved in operating the irrigation equipment. In
                                   addition, Extension will be offering public information seminars on
                                   water conservation fo( farmers in the Surface Water Management
                                   Areas. These seminars will address the issue of irrigation only when
                                   soil moisture indicates the need for it. Irrigation of Virginia crops i@ï¿½
                                   limited and primarily only for supplemental water during the summer.


             2.     The exemptions under ï¿½2. 1. C of the Surface Water Management Area regulation
                    require a "Surface Water. Withdrawal Certificate containing details of a board
                    approved water conservation or management plan." Part V of the regulation
                    describes the Certificate, which could be used to implement part (1) of the irrigation
                    management measure.
                    Response:      DEQ intends to make the' Surface Water Withdrawal Certificate the
                                   mechanism by which DEQ contributes to the implementation of part
                                   (1) of the irrigation management measure. Permits would require
                                   reportinj of the volume of irrigation water applied and could include
                                   a condition requiring uniform application of water; however, at this
                                   time it is not believed to be necessary to require soil-water depletion
                                   volume measurements to ensure that soils are not over irrigated.
                                   Again, irrigation of Virginia crops is limited and primarily for
                                   supplemental water during the summer.


             3.     It appears that Virginia addresses the second part of the management measure by
                    requiring backflow preventers when chemigaticn is used as in accordance with the
                    Virginia Pesticide Control Act.


                                                           17









                       Response: Comment Acknowledged


               4.      Has Virginia considered adding irrigation management as a component to the
                       SWQC plans where irrigation water is applied to agricultural land in Chesapeake
                       Bay Preservation Areas.

                       Response: Irrigation management is not being considered as a component of
                                     SWQC plans at this time since irrigation is not widespread within the
                                    region.



               FORESTRY


               Virginia Position

               Virginia proposes that the State meets all the management measures for the forestry
               category. The Virginia Department of Forestry has the lead for implementation of the
               State's forestry nonpoint source program. The Department of Forestry has an effective
               program that controls nonpoint source pollution associated with forestry activities through
               a combination of voluntary and financial incentive programs coupled with the Virginia
               Silvicultural Water Quality Law (SWQL). These incentive programs consist of an
               aggressive educational and training program, an inspection. program that checks for BMP
               compliance, a state-wide water quality monitoring program, and a cooperative agreement
               between consultant foresters and the Department of Forestry.

               NOAA and EPA Position


               Based on the information provided, it appears to NOAA and EPA that Virginia's
               Silvicultural Water Quality Law and Forestry BMP Manual provide a sound basis for
               addressing the forestry management measures. Because the Silvicultural Water Quality
               Law is relatively new, NOAA aind EPA would like Virginia to provide some additional detail
               on experience in implementing the law. As described below, this additional information will
               be helpful in . understanding the Silvicultural Water Quality Law is used to ensure
               implementation of the (g) management measures. Virginia's well-documented use of
               education and the State's strong voluntary program to implement management measures
               on forest land are to be commended.









                                                           18









             Opening Statement

             Virginia's forestry program continues to be based on a voluntary effort backed by an
             enforceable mechanism targeting water quality. The forestry community believes this
             balanced approach serves both the environment and the economy best. It is also our
             belief that the harvesting community is evolving and more readily accepting that water
             quality issues are important in their daily operations.

             One example of this evolution is recently promulgated Sustainable Forestry Principles.
             These principles grew out of Forest Industry's willingness to be proactive and work out
             solutions to their set of nonpoint source problems. The American Forest and           Paper
             Association (AF&PA) initiated this effort with neady every major pulp and paper company
             joining the ranks. I attach a copy for your review.

             Furthermore, Virginia's forestry community appreciates the time and energy spent by EPA
             and NOAA to understand forestry and its relationship to the Coastal Zone Management
             Act. Our hope is to continue to foster this understanding and build trust to accomplish our
             mutual goal of sustaining environmental quality. We also appreciate your compliments with
             regard to our present program.

             General Comments and Questions

             1 .    At the threshold review meeting, the Department of Forestry described several case
                    histories where the Silvicultural Water Quality Law has,been used to correct
                    improper application of the State's forestry BMPs. This discussion was extremely
                    helpful in understanding how the law works in practice. Because these applications
                    of the law - occurred subsequent to the development of the threshold review
                    materials, they were not described in the document. NOAA and EPA would
                    appreciate the inclusion of some examples in the program submission, especially
                    where they demonstrate how the Silvicultural Water Quality Law'has been used to
                    ensure implementation in cases where failure to implement BMPs would be "likely
                    to cause pollution".

                    Response: Silvicultural Water Quality Law (SWQL) Case Histories: The Virginia
                                   Department of Forestry (DOF) offers two examples of how the SWQL
                                   has wor*ed to prevent sedimentation from entering the waterways of
                                   Virginia.

                                   a.    A logging contractor in southeastern Virginia was using a
                                         previously established rock ford stream crossing. This stream
                                         crossing was a sediment source. Upon a routine DOF
                                         inspection, we asked the contractor to stop using this stream
                                         crossing and recommended corrective action. Stabilization


                                                         19










                                              measures were instituted to divert water from the stream
                                              approaches, re-shape the approaches, re-establish ditches
                                              and turn-outs, and apply stone. A permanent crossing
                                              structure was placed in the stream. Approximate cost to
                                              conduct this remedial work was $19,000.

                                       b.     Our Best Management Pr      actices (BMP) manual lists proper
                                              culvert sizes to be used based on watershed area above the
                                              stream crossing. All new stream crossing installations utilizing
                                              a culvert must be sized propedy. Recently a logging con   *tractor
                                              installed a smaller culvert pipe than recommended in the B MP
                                              manual. Upon routine inspection, the field forester asked the
                                              logging contractor to remove the pipe and install the correct
                                              size. The contractor agreed and instal);ed the correct pipe size.
                                              In subsequent harvesting operations, this logger has contacted
                                              the DOF to ensure he is using the correct culvert-size.


               2.      In the program submission, Virginia needs to further describe the applicability of the
                       State's programs as compared to the applicability statements for the (g)
                       management measures. The Department of Forestry inspects operations larger
                       than 5 acres. It is important to note that, while the preharvest planning, timber
                       harvesting, site preparation and forest regeneration, and fire management
                       measures do not apply to commercial harvesting on areas of 5 acre's or less in size,
                       the other management measures generally apply where "silvicultural or forestry
                       operations are planned or conducted" (see applicability statement for each
                       management measure).

                       Response:       The 5 acre cut-off with.regard to a formal inspection is a procedural
                                       effort by the DOF to be more fime-efficient The program applicability
                                       does not stop below this mark. In fact, most tra        'cts below this
                                       minimum are known to the DOF but are not formally inspected. Also,
                                       the DOPpossesses a Water Quality Complaint System which has no
                                       acreage delineation. For example, if a complaint comes in from a
                                       logging job under 5 acres, the DOF would inspect it using Form 3-25,
                                       Water Quality Complaint Investigation Form. The SINQL could then
                                       be utilized if necessary.









                                                              20








             Specific Management Measure Analysis

             Preharvest Planning

             1.      Preharvest planning is not required in Virginia, however, as stated in the threshold
                     review submittal, the "combination of voluntary.and incentive programs and the
                     Silvicultural Water Quality Law may equal or exceed the effectiveness of the
                     preharvest planning management measure" (0. 3-12). Does Virginia have an
                     estimate of the percentage of harvesting operations in the last two years which
                     have utilized preharvest planning?

                     Response:      Our inspection program reported that 37% of harvesting operations
                                    had a pre-harvest plan in 1994. This is a rise from a reported 35% in
                                    1993. Although these reported figures are lower than desired, one
                                    must look at several factors which would cause these figures to be
                                    low. First, we know that some planning has to take place prior to
                                    locating on a tract of land. Any good business person realizes the
                                    need for planning. The question is 'What is your methodology for
                                    planning?" We believe that a much higher percentage of planning
                                    takes place than is reported on this inspection form. A# loggers. will
                                    walk over tracts prior to purchasing the timber. Are they not planning
                                    when they perform this walkover? We believe they are. At the same
                                    time, however, we would like more formal recognition given to
                                    important natural features such as streams.           The DOF has
                                    encouraged pre-harvest planning through on-the-ground educational
                                    efforts and distributed pre-harvest planning forms for use.

                                    Second, we have discussed with field staff the need to ask the right
                                    questions when performing a BMP inspection. Sometimes the answer
                                    to a listed question is assumed and not asked. Also, field personnel
                                    will interpret pre-harvest planning a certain way not intended in the
                                    actual procedure.

                                    With these thoughts in mind, the DOF is continuing to pursue this
                                    issue on private land with vigor and believe the percentage will rise
                                    significantly. All forest industry lands have pre-harvest plans written
                                    on them prior to harvesting.


             2.      How does Virginia ensure the preharvest planning is conducted on tracts prior to
                     the commencement of silvicultural operations? Please describe the notification
                     procedure and compliance audits in more detail.



                                                           21








                       Response: The DOF, in association with forest industry, completes 2 random
                                      BMPAVater Quality Audits each year. Our 4thaudit will take place in
                                      June, 1995.    Thirty tracts of land are randomly pulled from our
                                      inspection fi/e. Five tracts from each of the 6 DOF regions.

                                      These tracts   are visited by a two-person inspection team and
                                      evaluated for BMP and water quality compliance. Eighty-three
                                      percent of inspected tracts had an adequate /eve/ of BMP
                                      implementation.


               3.      The requirements of the preharvest plan are somewhat general and do not appear
                       to address all the components of the management measure. For example, the
                       guidelines for preharvest planning do not appear to address management measure
                       component (a)(5), "to consider additional contributions from harvesting or roads to
                       any known existing water quality impairments or problems in watersheds of
                       concern."


                       Response:      Loggers do not have this We of information available to them directly.
                                      The DOF, in cooperation with the Division of Soil and Water, has
                                      prioritized all the watersheds in Virginia with regard to their erosion
                                      potential. This information has been utilized to target Logger BMP
                                      training programs. As the use of GIS and satellite technology become
                                      more available,this type of information will become more accessible
                                      to the logging community.

                                      Also, pre-harvest and Stewardship planning by the DOF will always
                                      include the use of sail surveys and other pertinent technical
                                      information. The soil survey is the fie/d Ibrestel's best tool to evaluate
                                      potential erosion.


              4.       Section 10. 11-1162 ee seq'. of the Code of Virginia (also known as the Seed Tree
                       Law) applies to Umber cutting for commercial purposes on one acre or more of land
                       on which loblolly, shortleaf, pond or white pine, singly or together, occur and
                       constitute ten percent of more of the live trees on each acre. There is an exemption
                       from the Seed Tree Law in cases where a preharvest plan is prepared and
                       approved by a State Forester. How broad is the application of this law in the 6217
                       management area as far as those operations subject to the applicability statements
                       in the (g) management measures?

                       Response: Approximately 75% of the tracts harvested in the 6217 area come
                                      under the influence of the Seed Tree Law. This notification procedure


                                                             22









                                    automatically pulls in a DOF threster to assess the site. The DOF has
                                    used this law as a means of not only ensuring re-planting of trees
                                    harvested but also to capture this pre-harvest planning issue.
                                    Although the Seed Tree Law states that a pre-harvest plan can be
                                    used to grant an exemption from the law, it is rarely used. In reality,
                                    both methods will capture the pre-harvest planning aspects because
                                    the law                    itself has space for tract silvicultural
                                    recommendations plus a location map.


              5.      Under the Virginia Land Use Assessment Law, forest landowners are entitled to a
                      reduced tax assessment where a forest management plan (including a preharvest
                      plan) has been prepared. Does Virginia have information on the number of tracts
                      of timer within the 6217 management area that are assessed under forestry land
                      use and have deveioped forest management plans? The threshold review
                      document indicates that 65 of 95 counties in the State have adopted this program.
                      How many of these are in the 6217 management area?

                      Response:     The actual number of tracts assessed under land use has not been
                                    determined. However, 19 (63%) localities in the coastal zone are
                                    covered under land use. To qualify for land use, a landowner must
                                    submit a management plan written and signed off by a forester. This
                                    is a powerful method to ensure that the land is adequately managed
                                    and protected during silvicultural operations. If silvicultural operations
                                    are performed that do not meet the BMP manual guidelines or SWOL
                                    criteria, a recommendation can be made to an individual county by the
                                    DOF to have the land removed from the land use taxation rate and
                                    returned to a residential rate. The threat of losing the land use tax
                                    rate has been used to leverage compliance with BMP guidelines.


              6.      Do the cost-share programs in the Department of Forestry have provisions for
                      suspension of fund inglrepaymen t of funds if the BMPs are not implemented?

                      Response: Both the Federal Forestry Incentives Program (FIP) and the State
                                    Reforestation of Timberfands (M) program have provisions for non
                                    payment if any SWOL violations or potential SWQL violation is
                                    pending. This has been used several times as an extra incentive to
                                    complete work.







                                                            23





                                                                                                               ..........






                 Preharvest Planning Summaty

                 Although pre-harvest planning is not required in Virginia, numerous mechanisms exist
                 which establish or have already established pre-harvest plans for harvested tracts. Our
                 BMP manual, SWQL, Seed Tree Law, and Land-Use Tax rates all contribute to an
                 outcome-based program which has proven successful in the prevention of forestry
                 nonpoint pollution. Additionally, cost-share programs require water quality compliance in
                 order to allocate monies to landowners for reforestation work.


                 The forestry community must also comply with the Chesapeake Bay Act which requires
                 BMP's including pre-harvest planning, in the Resource Protection Areas.


                 Strearnside Management Areas (SMAs)

                 1 .    A component of the management measure which may warrant some additional
                        discussion is the component to manage SMA canopy species to provide a
                        sustainable source of large woody debris for channel structure and aquatic species
                        habitat.   This is not mentioned in the Virginia's guidelines for Streamside
                        Management Zones (SMZs).

                        Response:      The' Virginia BMP manual under Guidelines for Strearnside
                                       Management Zones (SMZ) states "a minimum of 50% of the crown
                                       cover or 50 square feet of basal area per acre is to be evenly retained
                                       in the SMZ" Consequently, no specific activity in the SMZ works
                                       against the' management for large woody debris.                    Natural
                                       mechanisms such as stream meander and beaver activity have a
                                       profound effect on the amount of large woody debris.

                                       Current Riparian Zone Information and Educational activities have
                                       highlighted the need for large woody debris to foster aquatic habitat.
                                       As the Chesapeake Bay Riparian Buffer Program takes shape and
                                       begins to infiuence management activities, this concept will receive
                                       additional attention. This concept has been addressed and will
                                       continue to be addressed in individual forest management and
                                       Stewardship Plans.


                2.      Protection against detrimental changes in temperature seems to be addressed by
                        the specification for a "minimum of 50% of the crown cover or 50 square foot of
                        basal area per acres ... evenly retained in the SMZ."




                                                               24









                    Response: Scientific evidence has stated that SMZ 50 foot width with 50% crown
                                   cover or 50 square feet basal area adequately maintains andlor
                                   moderates stream temperature.



             Road Construction/Reconstruction


             1.     The theeshold review document did not specify how the Submerged Lands and
                    Tidal Wetlands Permit Program and the local Wetlands Board Permit Program
                    relates to the road construction/reconstruction management measure. What is the
                    applicability of this law? Does this authority extend to the construction    of roads
                    within a certain number of feet from a water body? Are all water bodies covered or
                    is there limited applicability?

                    Response:      With regard to the Submerged Lands Program, all road construction
                                   crossing streams requires a permit if the stream flow exceeds 5 cubic
                                   feet per second (cts). The DOF and the Marine Resources
                                   Commission (VMRC), who has legislative authority over submerged
                                   lands, have an excellent working relationship including the
                                   collaborative effort in stream permitting.     There is no distance
                                   delineation in the permit program, however, significant potential
                                   sediment sources near a stream have been identified and corrective
                                   action required in some permits. Regarding T-1dal Wetlands, all
                                   activities in these areas require a permit from VMRC.


             2.     What are the regional storm return periods for which road drainage systems are
                    designed?

                    Response: All our BMPs are designed for a 10 year regional storm period..


             3.     The BMP manual doei not include any practices that call for the stabilization of soil
                    during road construction such as silt fences, mulching or straw bales. Does the
                    manual require the use of proper road surfacing material to prevent excess erosion,
                    particularity during wet weather conditions?

                    Response:      The Virginia BMP manual under Guidelines for Truck Haul Roads,
                                   numbers 3, 5, 8, 11, 12, and 14 all discuss the use of measures to
                                   ensure sedimentation to waterways does not occur. Only by proper
                                   construction can sedimentation be prevented. The practices that are
                                   cited in the comments are a# mitigative not preventative. If any road
                                   construction/reconstruction practice has the potential to cause


                                                          25








                                     sedimentadon or is causing sedimentation, then the SWQL will allow
                                     the DOF to recommend corrective action. This corrective action may
                                     include some of the practices described in the comments. Most
                                     typical Virginia harvesting operations, especially in the Coastal Zone,
                                     do not require cuts or fills.
               Road Management                                                be specifically addres ed by
               The following components of this measure do not appear to                             S
               the forestry BMP manual: (2) evaluate the future need for a road and close roads that will
               not be needed, (3) remove drainage crossings and culverts if there is reasonable risk of
               plugging or failure from lack of maintenance, and (4) remove temporary stream crossings.
               What does the road/stream crossing maintenance procedure entail?

                      Response:      777e Virginia BMP manual under Guidelines thr Truck Haut-Roads has
                                     a section devoted to road maintenance and management Seven
                                     items are listed including wet weather activities and close-out
                                     inspections. Furthermore, some of the answers to EPAINOAA
                                     comments are listed elsewhere in the BMP manual such as culvert
                                     maintenance and periodic cleaning. Typically, logging contracts
                                     require the road to be returned to its original condition when
                                     harvesting is completed.       The landowner usually assumes full
                                     responsibility following harvest. lf a problem should occur, potential
                                     or otherwise, the SWQL can and will be used on either the logger or
                                     landowner to ensure water quality protection.

               Timbering Harvesting

               1.     The description of applicable State programs are somewhat generalized in
                      comparison to the specific elements of the management measure. It is therefore
                      difficult to evaluate whether the elements of the Timber Harvesting measure are
                      being implemented through the applicable programs cited. It may be helpful to
                      focus the discussion on which program is most directly applicable and how it relates
                      to specific management measure components.

                      Response:      We believe the Virginia BMP manual describes fully the scope of the
                                     Timber Harvesting Management Measure. The first I I chapters of
                                     the manual deal entirely with timber harvesting and a# secondary
                                     measures listed on pages 3-59 of the guidance are covered in the
                                     manual. The guidance on yarding systems does not pertain to the
                                     Virginia Coastal Zone.



                                                            26










              2.      Does Virginia have information on citations issued under the authority of the Debris
                      in Streams Law?


                      Response: All potential Debris in Stream violations were. handled prior to any
                                    necessary legal action, These cases were idenitified through routine
                                    inspections. The logger or landowner were asked to remove the
                                    debris and this was accomplished. To date, no legal action has been
                                    taken with regard to this regulation.


              3.      The BMP manual addresses the drainage requirements for              landings,   roads,
                      culverts, skid trails and roads. The manual does not appear to focus as much on
                      the overall preventative measures connected to proper siting; for example, locating
                      roads, trails, landings and stream crossings in suitable areas away from steep
                      slopes and sensitive areas. How can these considerations be incorporated into the
                      manual?


                      Response:     Both the BMP manual and the small Logger's Guide address the
                                    planning issue well. The identification and location of sensitive area's
                                    are all necessary planning activities for a timber harvest. All logger
                                    training given by the Department of Forestry begins with pre-harvest
                                    planning that incorporates sensitive area identification and location.
                                    All forest industry tracts have pre-hervest plans. As a reminder, the
                                    Chesapeake Bay Act requires the use of BMP's in the Resource.
                                    Protection Area. This area is actually larger than the current coastal
                                    boundary and even includes entire counties such as Mathews County.

                                    The current Logger's Guide is being revised through a Section 319
                                    grant. This revision will also thoroughly promote pre-harve'st planning
                                    as the most important BMP. This manual will be completed in 1996.
                                    Additional training will accompany manual distribution.


              Site Preparation and Forest Regeneration

              The BMP manual does not appear to specifically recommend that site preparation be
              suspended during wet weather periods. Also, the protection for ephemeral drainage
              during mechanical free planting, protection of surface waters from logging debris, and
              conducting bedding operations in high-water-table areas during dry periods are not
              specifically mentioned.




                                                           27









                        Response:      Site preparation activities do not need to be specifir-ally instructed to
                                       be suspended d6fing wet weather. First, prescribes burning can not
                                       be performed during wet weather. Second, the Virginia chemical site
                                       preparation program explicitly states that no spraying will occur during
                                       wet weather. Third, all mechanical ac"es require dry soil conditions
                                       to be efficient and effecUve. Contractors who perform site preparation
                                       activities duhng wet weather will suffer excessive equipment
                                       breakdown and waste time and money.

                                       With regard to mechanical tree planting, 98% of tree planting in
                                       Virginia is done by hand. Bedding occupies a very-small pericentage
                                       of planting in Virginia. The protection from equipment in ephemeral
                                       drainage is a moot point since very little is done in Virginia and tree
                                       planting equipment running in ephemeral drainage in the Virginia
                                       Coastal Plain will not be planting long. Contractors are just unwilling
                                       to risk equipment in saturated conditions.

                                       The Debris in Stream Law applied to site preparation activities as we#
                                       as harvesting activities. Consequently, excessive logging debris in
                                       waterways is unlawful in.Virginia.



               Fire Management

               As described in the threshold review document, the Department of Forestry must be
               notified before all silvicultural prescribed burns and sites inspections are performed to
               ensure that prescribed burning and wildfire suppression and rehabilitation activities comply
               with the Silvicultural Water Quality Law. These provisions appear to address the
               management measure.

                       Response: Comment Acknowledged


               Revegetation of Disturbed Areas

               Virginia appears to meet this management measure. The State may want to emphasize
               using a mix of species for the successful establishment of vegetation.

                       Response: Comment Acknowledged






                                                              28









              Forest Chemical Management

              1      According to the threshold review document, p. 3-39, aerial spraying is being used
                     as a method for delivering herbicide. This program should also be cited under
                     section F, site preparation.

                     Response: Most aefiel spraying in Virginia is not for site preparation but for pine
                                   release. Eighty-six percent of all aerially-applied chemical is for
                                   release. Typically, no site preparation is performed when one plans
                                   for a pine release spray. We consider this positive in terms of water
                                   quality because no ground is disturbed.


              2.     According to the threshold review, Virginia contracts all aerial spraying and all DOF
                     field personnel are certified applicators. A spraying plan must be completed before
                     spraying begins. This process provides a good means to ensure implementation
                     of this management measure. In the program submission, Virginia should provide
                     some additional detail on how the provisions of the spraying plan address the
                     elements of the management measure.

                     Response:     We believe the orginial submittal covered these issues sufficiently,.
                                   however, we attach a typical spray contract which address in detail
                                   this management measure. The chemicals used are designated for
                                   forestry application and no custom mixing is permitted. Chemical
                                   amounts are determined ahead of time at the lowest effective dose
                                   possible. Location maps are required prior to spraying with all water
                                   areas designated.



              Wetlands Forest


              I      In the program submission, please describe the circumstances under which
                                           I
                     silvicultural activities ih wetlands would require a permit.

                     Response:     Section 404 of the Clean Water Act describes the limits of forestry
                                   activities in wetlands.     A# silvicultural activities are "normal,
                                   ongoing...', Consequently, almost none require a permit. Any other
                                   activity would constitute some other land issue such as clearing for
                                   development. One must not confuse land clearing for development
                                   or other land use change as silvicultural activity.

                                   As Indicated in the Virginia BMP manual in the Wetlands section,
                                   "discharge of fill material into waters of the United States from


                                                          29









                                      ditching, or other activities whose purpose is to convert forested
                                      wetlands to some other use or where the fibw or circulation of the
                                      waters may be impaired or reach reduced is nol exempt and would
                                      require a petmitv. Also, placing of spoil from ditches in wetlands and
                                      not for road building requires a permit.


               2.      The BMP manual includes wetlands as a separate section and describes soil types,
                       preharvest planning, roads, and other BMPs in forested wetlands. The inclusion
                       of a separate section for wetlands forest provides a direct link to this management
                       measure. The technical elements in, the manual appear to meet the management
                       measure.


                       Response: Comment Acknowledged


               Summary

               Forestry activities account for 5% or less of the nonpoint source pollution potential in the
               eastern United States. Sufficient enforceable mechanisms are in place in Virginia to
               comply with management measures specified in federal guidance within the 6217 coastal
               area. The Virginia Department of Forestry has the lead for implementation of Virginia's
               forestry nonpoint source program.

               A very effective combination of direct DOF activities as well as secondary activities lead to.
               a very high rate of BMP compliance and water quality protection. Examples of direct
               activities include The Silvicultural Water Quality Law, Seed Tree law and BMP manual as
               well as extensive site inspection and educational program. Pertinent indirect activities
               include cost-share incentives, the Chesapeake Bay Act and the Virginia land use tax rate
               programs.

               Virginia's forest industry continues to be proactive in their efforts to limit water quality
               degradation and heighten BMP awareness. The American Forest and Paper Association
               Sustainable Forestry Principles have been adopted by every major Virginia forest products
               company. Several of these principles directly relate to water quality protection, BMP
               compliance and riparian buffer enhancement. A strong training program in these areas is
               ongoing including 8 BMP Logger workshops from June 1994 through March 1995.

               Virginia continues to lead the forestry community nationwide in the threstry nonpoint source
               effort. Our multi-faceted, outcome-based program fosters compliance through education
               and information supported by enthrceable mechanisms. This program balance maximizes
               environmental protection, agency efficiency and economic return while minimizing
               bureaucracy and paperwork.


                                                            30









             We trust these additional comments provide a greater understanding of" var program and
             how it fits in with the Coastal Zone legislation. We look forward to confinuad discussions
             should further questions arise.



             URBAN


             NOAA and EPA have acknowledged that Virginia provided "a thorough and candid
             analysis" of the States'existing programs. The following responses to the NOAA and EPA
             comments are intended to assist NOAA and EPA to fully understand how Virqinia will apply
             its programs to implement the urban management measures.

             General Comments


             1.     In general the primary gaps in existing programs appear to be related to geographic
                    coverage and technical provisions for the management measures --related to
                    stormwater management and onsite disposal systems (OSDS). As discussed at the
                    threshold review, the Virginia Department of Health is proceeding with plans to
                    address current problems with design standards for new OSDS. The proposed
                    changes described at the threshold review for OSDS sound promising arid appear
                    to address gaps between existing programs and the new onsite disposal systems
                    management measure.

                    Response: The comment acknowledges that Virginia is proceeding to address
                                  any current problems and no additional action is recommended.


             2.     It would be helpful for the State to provide additional descriptions detailing the
                    coverage or lack of coverage for each of the State's programs cas they compare with
                    the applicability statements for each of the (g) management measures.

                    Response: Additional details are provided in response to the specific comments
                                           I
                                  by EPA and NOAA which follow.


             3.     Have all localities compiled with the incorporation/implementation requirement of
                    VR 173-02-01 ï¿½5.6, which requires that local governments review and revise their
                    comprehensive plans to address the quality of State waters.

                    Response: Section 5.6 requires local goverriments to review and revise their
                                  comprehensive plan in accordance with the 6 areas outlined in the
                                  regulations. To date, the Chesapeake Bay Local Assistance Board
                                  has reviewed and approved I I plans.


                                                         31










               4.     How many localities have adopted the suggested ordinance for the Chesapeake
                      Bay Preservation Area Overlay District (local assistance manual pages V-1 through
                      V-46)? Are such ordinances the basis for review by the Board? Are they generally
                      adopted on a county-wide basis?

                      Response:      Fifty-three (53) of eighty (80) localities have adopted the Model
                                     Ordinance. Ordinances are part of the CBLAD first phase reviews.
                                     Initial prgram reviews consist of a review of local ordinances and
                                     maps designating Chesapeake Bay Preservation Areas (ie... where
                                     the ordinances apply). Forty localities have adoptedjurisdic6on wide
                                     provisions, five have adopted watershed-wide (ie. Chesapeake Bay
                                     drainage areas only) and seven localifies have adopted programs that
                                     apply a varying number of the ordinance standards (ie. strom water
                                     management) jurisdiction-wide while the remaining standards apply
                                     only to CBPAs. In total 80 of 84 localities have adopted provisions
                                     which are consistent or provisionally consistent with the regulations.


              Specific Management Measure Analysis

              New Development Man'agement Measure


              1 .     The Stormwater Management Act ï¿½10..1-603 enables the establishment of local
                      stormwater management programs but does not require them. The Chesapeake
                      Bay Preservation Area Designation and Management Regulations include
                      stormwater management provisions but, as identified in the threshold review
                      document, there may be technical inconsistencies between these requirements and
                      the management measures.

                      Response: Comment does not require a response and appears to be related to'
                                     #2 beldv@.



              2.      The following represent what appear to be inconsistencies between the State's
                      minimum criteria for local stormwater management plans and the specific
                      requirements of the (g) management measure:

                      0     As described on page 4-11 of the threshold review document, the State's
                            technology based approach does not quite achieve the level of protection
                            stipulated under the 80% TSS standard.



                                                           32








                     Response:     EPA a  nd NOAA should reconsider their approach to specifying a
                                   single set of standards (ie., 80% TSS removal). Since the preparation
                                   of the threshold review document, Virginia has completed a two year
                                   legislative subcommittee study referred to as SJR 44. This study,
                                   among other things, included a technical advisory committee which
                                   thoroughly evaluated existing criteria for water quality measures in
                                   stormwater management facilities. In general, Virginia concludes that
                                   existing criteria meet or exceed the requirements specified by EPA
                                   and NOAA. As practical matter it is quite possible to argue that the
                                   existing erosion and sediment control standards, if propedy
                                   implemented, achieve "no net increase" or 80% TSS reduction in
                                   many instances. With regard to specific stormwater management
                                   criteria, the CBLAD criteria are proposed principally on the basis of
                                   "no net increase" except for situations involving redevelopment. In the
                                   case of redevelopment the CBLAD standard meets or exceeds the
                                   "no net increase" standard by requiring at least a 10% reduction.

                     0      ï¿½1.4.B.3. Single-family residences separately built-and not part of a
                            subdivision, induding... and ï¿½1.4.B.4. land development projects that disturb
                            less than one acres of land area... are exempt from the stormwater
                            management program requirements.

                     Response: The CBLAD requirements do not exempt single-family residences.
                                   Also, erosion and sediment control including increases in runoff are
                                   now regulated under the E&S law for single family houses. As a
                                   practical matter any remaining development of single-family
                                   residences under the exemption are insignificant

                     0      It appears that Virginia lacks water quantity control requirements as
                            specified in management measure element ll.(2). The State notes that the
                            Erosion and Sediment Control Law provides requirements for the protection
                            of waterways from sediment deposition and erosion and damages due to
                            increases in vblume, velocity and peak flow rate of stormwater for the
                            designated frequency storm. It appears that the focus of these requirements
                            is sediment, erosion and flood control rather than the implementation of long
                            term post-development controls for the maintenance of predevelopment peak
                            runoff rates and average volumes, e.g., 19.c.(4) "provide a combination of
                            channel improvement, stormwater detention/retention or other measures
                            which is satisfactory to the plan approving authority to prevent downstream
                            erosion." ï¿½2.2.A. of the Stormwater Management Regulations is more
                            directly applicable to the management measure, but these regulations only
                            apply to local governments who have adopted stormwater programs.



                                                           33









                       Response:      This appears to.   be  a circular discussion. Specifically, Virginia's
                                      principal objective in controlling post-development peak runoff rates
                                      and average volumes is to mitigate the effects of flooding, steam
                                      channel emsion. and associated environmental effects due to quantity
                                      changes. It seems the real debate concerns. the degree of control
                                      required. Virginia contends this is variable based on site specific
                                      conditions which cannot be successfully prescribed with current
                                      technology or knowledge on a regional or state wide basis without site
                                      specific analysis. Virginia's rules provide a mechanism for these
                                      controls to be established and implemented locally.

                       0      Virginia did not discuss implementation of this management measure for
                              roads, highways and bridges, including local roads. ï¿½10.1-603.5 requires
                              that State agencies must secure an approved stonnwater management plan
                              from the Department. Are the criteria for this plan the ones listed in ï¿½2.2?
                              Have State agencies, in lieu of such a plan, annually submitted_,-  stormwater
                              management standards and specifications? Are these standards in
                              conformity with this management measure or otherwise consistent with the
                              general requirements in ï¿½2.2?

                      Response: Yes to all questions.

                      0       Although redevelopment is covered under the Chesapeake Bay Preservation
                              Area Designation and Management Regulations, the requirement is
                              somewhat different than the 80% TSS loading reductions as specified in the
                              management measure. The requirement for redevelopment projects to
                              achieve a 10% reduction of nonpoint source pollution in runoff based on the
                              pre-development loadings may pot be equivalent to the 80% standard. What
                              pre- development loadings are included within this analysis (only
                              phosphorus)? How does the 10% standard equate to the 80% TSS reduction
                              requirement.

                      Response:       See comment above: In general we believe the requirement meets or
                                      exceeds the reduction goals of the management measures if
                                      implemented property. Specifically, the CBLAD 10% standards meets
                                      or exceeds ï¿½A.Lb - a "no net increase" standard - rather than the 80%
                                      reduction requirement. While both pre- and post-development
                                      computations only rely on phosphorus, the CEILAD program has
                                      always used phosphorus as an Indicator Pollutant. Given current
                                      understanding of the relationship between sedimentation and
                                      phosphorus loadings, if phosphorus is removed by 10%, sediment is
                                      also likely to be removed by at least 10% .



                                                            34









              3.      It would be helpful for the State to describe those areas which fall under the
                      requirement in ï¿½4.2.8. that "Post-development runoff... that is currently served by
                      water guality best management practices shall not exceed the existing load of
                      nonpoint source pollution in surface runoff." Are all areas within Tiidewptter Virginia
                      covered by this requirement? How does this work and how widely has the 20%
                      pervious cover requirement, as per ï¿½4.2.8.(4), been implemented?

                      Response:     Page IV-25 of the Local Assistance Manual provides localities
                                    guidance with determining "sites being served by woter quality best
                                    management practices.' The Manual states:

                             (1)    In general, runoff polhitant loads must have been calculete@'j and BMP
                                    selected for the expressed purpose of controlling NPS ryollution.
                                    However, if existing facilities can be shown to achieve the current
                                    standard of NPS control, local authorities may consider (he site as
                                    being served by water quality BMPs.

                             (2)    If BMPs are structural, facilities must currently be in good working
                                    order, performing at the design levels of service. The local authority
                                    may require a review of both the original structural design and
                                    maintenance plans to verify this      provision. A new maintenance
                                    agreement may be required to ensure consistency with the locality's
                                    SWM requirements.

                             Most Tidewater localities with adopted programs have this provision in their
                             ordinance. This provision is rarely used since few sites undergoing
                             redevelopment were developed with water quality OMPs.

                             The 20% pervious cover provision ï¿½ 4.2.8(4) is not a requirement; it is a
                             compliance option. While pervious cover is restored on many sites, the actual
                             computations only indicate about a 10- 12% restoration is needed to meet the
                             10% reduction requirement. Because the computations show a sma#
                             restoration is n6cessary, the 20% standard of ï¿½ 4.2.8.(4) is rarely used.


              4.      Does  Virginia have information on the number of local governments that have
                      adopted local stormwater. management programs?

                      Response: Yes, between 9 and 14 localities have established programs. Many
                                    other stormwater management programs have been adopted under
                                    various authorities such as zoning and subdivision ordinances.
                                    Virginia is currently workirg to review these programs and develop a
                                    more accurate assessment of ongoing stormwater management


                                                            35








                                     activities throughout the state. Approximately 80 counties, 39 cities
                                     and 29 towns will be screened in an initial review.



               Watershed Management Measure
               I..'   The Chesapeake Bay Preservation Act, including the desig'nation of Resource
                      Protection Areas (RPAs) and Resource Management Areas (RMAs), appears to
                      implement the objectives of this management measure by protecting sensitive lands
                      that provide significant protection of State waters from nonpo-int source pollution.

                      Response: This comment does not require a response.


               2.     How does Virginia coordinate (on a watershed basis) the elements in the watershed
                      management measure? The Chesapeake Bay Preservation Area Designation and
                      Management Regulations encourage the development of regional or watershed
                      plans as a means to comply with water quality criteria. Many local governments
                      developed such plans? Have all local governments in Tidewater Virginia
                      incorporated water quality considerations, as specified in this management
                      measure, into their comprehensive plans?

                      Response: Virginia coordinates the measures outlined in the guidance through
                                     statutory provisions outlined in the threshold' review document
                                     Additionally, many localities prepare watershedplans in response to
                                     various issues. For example, four Northern Virginia localities have
                                     joined together to protect the water quality of their prime drinking
                                     water source: the Occoquan. Many localities have prepared andlor
                                     implemented watershed plans for portions of their jurisdictions.
                                     Examples include the counties of Adington, Chesterfield, Fairfax,
                                     Hanover, Hendco, James City, Prince William, Stafford, and the cities
                                     of Fredericksburg and Newport News. Certainly,.         water quality
                                     considerations are often a driving factor in the watershed plan
                                     development at the local level. As CBLAD continues to review local
                                     comprehensive, future local land use plans and useswill embody the
                                     policies contained in Section 5.6, which in our opinion, meets or
                                     exceeds the management measure.



              3.      How do the Division of Soil and Water Conservation's activities associated with the
                      Virginia Geographic Information System (VIRGIS) relate to this management
                      measure? It appears that hydrologic unit planning could be viewed as supporting
                      a State watershed management program.


                                                            36









                     Response: The VIRGIS systems continues to be a very useful planning and
                                   implementation tool to carry out the provisions of the management
                                   measures and section 319 nonpoint source pollution reduction goals.


             Site Development Management Measure.

             1       The Chesapeake Bay Preservation Area Designation and Management Regulations
                     appear to address this management measure for those areas within Tid.ewater
                     above 2,500 square feet (there is no de minimis cutoff in the (g)* guidance').

                     Response: This comment does not require a response.


             2.      The State notes that Sections 1.4 and 4.5.8.1 of the regu I ations --provide a
                     distinction between public and other roads. These requirements specify that road
                     alignment and design must be optimized to minimize the encroachment into the
                     RPA and adverse effects on water quality. What does this mean in practice? Is
                     there guidance further detailing what requirements apply?

                     Response:     All roads, including public and "other" roads, must be aligned and
                                   designed to minimize encroachment in the Resource Protection Area
                                   and to minimize effects on water quality. Please see ï¿½ï¿½ 4.3. A. 3. b and
                                   4.5.B. I.a of the Regulations.. Appropriate design can include providing
                                   perpendicular rather thati skewed crossings, and carefully limiting the
                                   disturbed area to less then the right-of-way.
             3,      ï¿½15.1-49(h) was apparently not included in the packag*e, so NOAA'and EPA did not
                     review these site plan review process requirement. Virginia should further describe
                     and include a copy of these provisions in the program submission.

                     Response: Attached is a copy of ï¿½ 15.1-49(h) of the Code of Virginia, This section
                                   does not provide specific steps, but rather gives all Virginia localities
                                   the power to require such a review.


             4.      Does the State have additional guidance for implementation of stormwater
                     management requirements which apply to State agency projects?





                                                           37









                        Response: The Virginia Stormwater Management Regulations VR 215-02-00,
                                       require state agency projects to comply with any local requirements
                                       in addition to the specific regulation requirements if it is practical for
                                       them to do so. Under the CBLAD program, state agencies are
                                       required to exercise their authorities consistent with local program.


                Construction Site Erosion and Sediment Control Management Nleasure

                1 .     The State has a good erosion and sediment control program which              app@ars to
                        provide the  authority to implement this management measure.

                        Response: Comment acknowledged.


                Construction Site Chemical Control Management Measure

               .1.      The threshold review describes a number of programs that are used in conjunction
                        to address this management measure. In the program submission, the State needs
                        to describe how the various facets of the State programs described in this section
                        are coordinated to ensure compliance? A typical erosion and sediment control plan
                        or other site development plan that incorporates the provision of the management
                        measure might be helpful.

                        Response:      Virginia enforces its program and regulations generally independent
                                       of one another for purposes of clarity in enforcement authority and
                                       other legal issues. Coordination is obtained in numerous ways, for
                                       example: erosion and..sediment control plans developed for
                                       construction sites generally singularly meet requirements for DC        R
                                       regulations. CBLAD regulation and NPDES regulations where the
                                       rules apply also address coordingation.            However, separate
                                       enforcement authorities may be exercised to enibrce the provisions
                                       approved, by respective authorities, in one plan.


               2.       Does Virginia have any information on the number or percentage of localities that
                        have incorporated, by reference, the nutrient management practices specified in the
                        Erosion and Sediment Control Handbook?


                        Response:      Yes. DCR maintains files on the specific provisions of every local
                                       program in the state. To review this in an exac@ manner would be
                                       extremely labor intensive.- however, generally most local programs
                                       incorporate -the Handbook by reference in their local ordinances.


                                                               38









              3.     The State noted that "Certain Virginia regulations require thet application
                     equipment be in good working order and properly calibrated." It was unclear from
                     the threshold review document what regulations were referenced.

                     Response: The regulations referenced are promulgated under the Virginia
                                    Pesticide Control Act (See 3.1-249.27 et seq. of the Code of Virginia)


              Existing Development Management Measure

              I .    Within Tidewater, the Chesapeake Bay Preservation Area Designation and
                     Management Regulations provide an excellent vehicle for addressing nonpoint
                     source load reductions in developed areas where redevelopment is occurring.

                     Response: Comment acknowledged.


              2.     What localities have designated Intensely Developed Areas (IDAs) under ï¿½3.4?

                     Response: To date, 14 localities have designated IDA's. Few localities have
                                    designated Intensely Developed Areas (IDAs) because the actual
                                    advantages are minimal. An inNal concept for IDAs was to relax buffer
                                    requirements in areas of existing, intense development. However,
                                    many localities have discovered the regulations provide adequate
                                    flexibility to deal with buffer issues in such redeveloping ares. In
                                    addition, the IDA classification forced c1/1 projects to be relled
                                    "redevelopment, " and the 10% reduction over- existing site conditions
                                    is near impossible for "infill' sites with no existing imperious cover to
                                    meet. Since many local governments wald to encourage inM
                                    development for a variety of reasons, including water quality, this
                                    disadvantage discouraged many localities from designating IDAs.


              3.     The State notes that, under the RPA requirements, localities must consider
                     implementing measures to establish the minimum 100 foot buffer if it is currently
                     inadequate or does not exist. What does this. mean in application and how has this
                     requirement been implemented at the local level?


                     Response: Technically, that requirement could be construed to mean localities
                                    could force the planing/vegetation of inadequate buffers for any site.
                                    However, many localities lack the staff time to actively seek out such


                                                            39









                                      cases and force compliance. Rather, localifies review buffer adequac
                                                                                                                 y
                                      on a site by site basis whenever development activity takes place on-
                                      a particular parcel.


               4.      Afthough Section 5.6.A of the Chesapeake Bay Preservation Area Designation and
                       Management Regulations requires local govemments to review and revise their
                       comprehensive plans to address water quality, including revisions to address
                       existing pollution sources and the potential for water quality improvements through
                       redevelopment activities, the state has not described impilementation of this
                       requirement. Have local governments identified local and/or regional "Priority
                       watershed reduction opportunities and established schedules'for implementing
                       such controls?


                       Response: While all Tidewater localities have not completedthe requirements of
                                      ï¿½ 5.6, the Board's review process requires localities to identify specific
                                      strategies and time frames for implementation Jil order Co be found
                                      consistent with this section of the regulations.


               5.      Virginia's Stormwater Management Act        and Regulations allow, local governments.
                       to establish and administer stormwater utilities to defray costs associated with local
                       program administration. How may local governments in Virginia have developed
                       such utilities?


                       Response:      Utilities are authorized under Section 15.1-292.4 of the Code of
                                      Vir-oinia instead of the Stormwater Management Act. However, at this
                                      time, 7 large localities have adopted utilities. Afearly all fall under
                                      NPDES municipal permits. Many other localities are investigating
                                      utilities or pro-rata share contribution provisions for funding local
                                      programs.



               New Onsite Disposal Management Measure

               I .     It is unclear from the State's submission which onsite disposal systems (OSDS) are
                       required to be permitted under the Virginia Pollution Discharge E-Elimination System
                       (VPDES) program.

                       Response: All residential systems under 1,000 gpd which discharge effluent
                                      above ground, whether to a stream or to a drainage way, are
                                      permitted under the VPDES program and require a construction and
                                      operation permit from the Virginia D  epartment of Health (VDH).


                                                              40









            2.      As acknowledged in the threshold review document, the SeWv@)o Handflin(           a n d
                    Disposal Regulations do not appear to address the management rtwasure elernent
                    to "Establish protective separation distances between OSDS system components
                    and groundwater which is closely hydrologically connected to surlace waters."
                    Based on discussions at the threshold review meeting, it appears that Virginia will
                    be addressing this issue through revised septic regulations that provide for greater
                    separation distance. NOAA and EPA support this effort.

                    Response:     In some instances (estimated fewer than 35% of issued pennits) the
                                  current Sewage Handling and Disposal Regulations do liot establish
                                  adequate separation distances between OSDS components and
                                  ground water The proposed regulations were written to c*rred this
                                  problem and if adopted as written, should bring the Commonwealth
                                  into compliance with Federal recommendations.


            3.      The State requires pretreatment of mass drainfields if thenitrogen loadings exceed
                    10 mg/l. Has the State determined that nitrogen loadings less than 10 rrig/l do not
                    pose a problem to aquifers or surface waterbodies? How does the State determine.
                    where there is inadequate subsurface treatment to prevent cumulative loadings
                    which are detrimental to surface, ground or coastal waters?

                    Response:     The Commonwealth determined that the cumulative nitrogen loadings
                                  from single family dwellings are not likely to lead to ground water
                                  nitrogen levels in excess of 10 mg1I based on simple mass balance
                                  equations at development densities that soils mecting the @Ley@qe
                                  Handling and Disposal Regulations can be found in the
                                  Commonwealth. Ten milligrams per liter is widely accepted as the
                                  public health action level for nitrogen contamination. Additional limits
                                  have not been proposed at this time.


            4.      Does the State    have requirements for de-nitrification systems in areas where
                    excess nitrogen loadings contribute to impairment of coastal waters or their
                    tributaries? Has the State identified any such areas?

                    Response: With regard to OSDS, Virginia does not have requirements for de-
                                  nitrification systems. Under the State water quality law, DEQ has the
                                  authority to regulate an activity where excess nitrogen loadings
                                  contribute to impairment of state waters.




                                                          41








                5.      The State under Section 32.1-164 of the Code of Virginia requires a written
                        construction permit and a facility inspection during construction by the district or
                        local health department. What is the relationship of district and local health
                        departments with the State Department of Health? The commissioner has the
                        authority to ensure compliance. Is this authority delegated to the district and local
                        health departments?

                        Response:     Local and district health departments operate! under the Sewage
                                      Handling and Disposal Regulations as their minimum standard. Local,
                                      more stringent regulations are allowable. Each district health director
                                      reports to the State Health Department and- is delegated
                                      programmatic authority by the Commissioner. This delegation is in
                                      writing and appears in a contract between each locality having a local
                                      health department and the state health department. Individual
                                      Environmental Health Specialists are delegated permit issuing
                                      authority by the Commissioner upon successfully completing onsite
                                      wastewater training.



                6.      The State allows setback distances from certain waterbodies or landforms to be
                        reduced to 10 feet in specified soil types. How often does this occur and is such
                        practice adequately protective considering cumulative loadings and wet weather
                        events that result in soil saturation?


                        Response:     There are only two instances where the VDH allows a 10-foot
                                      separation distance to water bodies or-land forms that may be
                                      saturated. One instance is where permits are issued near drainage
                                      ditches and this requires that the absorption trench bottom be placed
                                      above the seasonally high water table /eve/. The Commonwealth uses
                                      soil mottles (chroma 2 or less) to identify the water table level's
                                      highest occurrence. Our experience indicates that gray mottles do
                                      reliably indicate water table levels and consequently do protect
                                      against events which would result in saturated soil conditions. In these
                                      instances, sufficient soil for treatment would occur below the trench
                                      bottom to prevent significant biological COntan7ination of nearby
                                      trenches. The proposed regulations substantfally jimprove the /eve/ of
                                      protection provided in texture group I and /I soils over the /eve/ of
                                      protection provided in the current regulations.

                                      The other instance where systems may be as close as 10 feet to a
                                      water body is where the system is installed in a texture group 1/1 or I V
                                      soil (silty and clayey soils) and the system used produces unsaturated
                                      flow. Once again, stand-off distances to a water I-able would have to


                                                              42







                                   be complied with and would result in systems that are installed with
                                   the trench bottoms 12" - 20' above the water table. The only time that
                                   such a system would be expected to be saturated would be during
                                   flood events. 777e Sewa-ge Handling and Disposal Rggutations prohibit
                                   the placement of systems where sustained fiboding (24 hours or
                                   more) occurs annually (or more frequently). In general, floodplains
                                   and water tables (observed or indicated by grey mottles) would
                                   prohibit most systems from being installed as close as 10'to any body
                                   of water.

                                   Also concerning Tidewater Virginia, C8LAD regulations requiting a
                                   100 foot minimum RPA setback from a# Tidewater tributaries.
                                   Drainfields are not an allowed use in the RPA.

              Operating Onsite Disposal Systems Management Measure

              I .    The State phosphorus detergent limitations are in conformity with this management
                     measure.


                     Response: Comment acknowledged.


              2.     The Alternative Discharging Sewage Treatment Regulations for Single Family
                     Dwelling, although point source related, 'are a good model for similar requirements
                     for conventional OSDS systems. The       State does not, as noted in the threshold
                     review document, have requirements       for the routine inspection of conventional
                     septic systems. How do the Chesapeake Bay Preservation Area Designation and
                     Management Regulations ensure that pump-outs occur within 5 years?

                     Response:     The Regulations require local governments to ensure that pump-out
                                   provisions are met. To assist localities with this task, the department
                                   (CBLAD) has performed a number of activities. CBLAD, in
                                   coopera6dn with Chesterfield County, developed and distributed some
                                   software designed to provide a database and notification system for
                                   localities. The department also conducted a study in the Three Rivers
                                   Soil and Water Conservation District area to show adequate facilities
                                   existed for actual disposal of tank effluent. This region was perceived
                                   to have the greatest need, ie. shortage of disposal facilities, so this
                                   study allayed concerns about long-term disposal mechanisms. Finally,
                                   the department continues to provide money through both competitive
                                   and non-competitive means to help localities establish and
                                   aggressively use their database information to ensure proper
                                   notification and compliance by individuals.


                                                            43




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






              3.     How have localities or local offices of the State Health Department addressed
                     failing drainfields or inadequate OSDS?

                     Response: Localities have addressed failing septic systems through a variety of
                                   means including policies for extension of sewer services to areas
                                   experiencing septic failures.      Most commonly, local health
                                   departments issue repair permits for failing systems and take
                                   -enforcement actions when systems are not repaired in a timely
                                   manner. In areas near shellfish waters the Department (VDH)
                                   conducts inspections to Jden* failing systems and then issues repair
                                   permits.


              4.     Has the State considered inspections or replacement requirements upon transfer
                     of ownership of property where OSDS is utilized?

                     Response: No, the Department (VDH) has not considered ins@ections or
                                   replacement requirements for OSDS when a property transfer occurs.
                                   VDH has no authofity under the Code of Virginia to require such
                                   inspections or replacements of existing working septic systems.

                                   However, most mortgage companies require inspections and make it
                                   very difficult if not impossible to get a loan for property until repairs are
                                   made to OSDS.


              Pollution Prevention 'Management Measure

              1 .    The State has a number of pollution prevention activities addressing turf
                     management and OSDS operation and maintenance. How does the State address
                     each of the other activities in the management measure?

                     Response: The threshold review document summarizes the State's activities
                                   which address these management measures.


              2.     The Waste Reduction Assistance Program appears to be a good program. Does,
                     this program include a nonpoint source facet?

                     Response: There are some indirect effects on nonpoint sources. For example:
                                   by encouraging waste minimization and reducing, the potential for
                                   improper disposal of waste is also reduced.



                                                         44









             Management Measure for Planning, Siting, and Developing Roads and Highways

                     The State's policies and regulations appear to meet the intent of this management
                     measure.


                     Response: Comment acknowledged.


             Management Measure for Bridges

             What alternative approaches is the State considering to fully meet'this management
             measure? How are decisions made to approve the location of structures over water
             bodies?


                     Response:     The State will utilize the NEPA (National Environmental Policy Act)
                                   and Federal and State environmental review process in- addition to
                                   measures specified on the threshold review to meet this intent of this
                                   measure. Currently, bridge locations are thoroughly evaluated using
                                   these processes.


             Management Measure for Construction Projects

             Existing State policies and regulations appear to meet the intent of this management
             measure.


                     Response: Comment acknowledged.


             Management Measure Construction Site Chemical Control

             Existing State policies and regulations appear to meet the     intent of this management
             measure.


                     Response: Comment acknowledged.


             Management Measure for Operation and Maintenance

             Is the State contemplating any new or revised policies to expand the scope of operation
             and maintenance requirements, such as those described for the 1-295 James River
             Crossing, within the 6217 management area?



                                                         45









                        Response: No additional measures are planned.


                Man  agement Measure for Road, Highway, and Bridge Runoff Systems

                The State identifies a gap in not having current policies in place to implement this
                management measure. Are any proposals or recommendations being developed to
                address this measure?


                        Response:     The State in many instances has used the state's storm            , water
                                      management regulations to treat offske and existing 'areas to
                                      compensate for bridge and other highway runoff NPDES
                                      requirements will cover a majority of the remaining systems. The
                                      remaining areas are generally considered an insignificant coastal
                                      impact.



                MARINA AND BOAT OPERATION


                General Comments


                1 .     Please include a copy of the Virginia Water Protection Permit Regulation (VR 680-
                        15-02) with the program submittal.

                        Response: A copy of the Virginia Water Protection Permit Regulation is included
                                      in the program submittal.


                2.      Please describe the inspection process associated with permit issuance, and some
                        information on the relative number of new and expanding marinas inspected for
                        permit compliance.
                                                  i                                                                       I
                        Response:     All mariab permits, including applications thr new facilities, expansions
                                      or applications for shoreline stabilization are inspected before permits
                                      are issued.     In fact, in 1994 the Virginia iWarine Resources
                                      Commission inspected 30 such application sites,. Site inspections
                                      always involve VMRC and VIMS staff If wetlands are involved, the
                                      local wetlands board of their staff may also inspect the site. Once
                                      permits are issued all projects for marina construction are inspected
                                      by VMRC staff to ensure compliance.





                                                              46








              Specific Management Measure Analysis

              Siting and Design Management Measures

              Marina Flushing Management Measure

              Existing Commonwealth permit requirements and policies appear to address this
              management measure. A specific requirement for marina flushing is addressed in the
              1
               Criteria for the Siting of Marinas or Community Facilities for Boat Mooring" (VR 450--01 -
              10047) as administered by the Virginia Marine Resources Commission (VMRC).

                     Response: This comment does not require a response.

              Water Quality Assessment Management Measure

              The Virginia Water Protection Permit Regulations require pre- and       post- construction
              monitoring at marina sites for DO, temperature, pH, and pathogen indicators as a permit
              requirement. How is the pre-construction monitoring information used to predict post-
              construction water quality conditions? If post-construction monitoring indicates water
              quality degradation, what steps are taken to rectify the situation? At the threshold review
              meeting, there was discussion of requirements for corrective actions if there were water
              quality violations: please include this information in the program submittal.

                     Response:      We currently lack the necessary modeling tools which would allow
                                    predictive assessments of     'changes in water quality due to
                                    construction and operation of a marina.complex. Additionally, we
                                    have not had a case where post-construction monitoring indicated
                                    degraded water quality. Therefore it has been unnecessary to
                                    attempt corrective actions. We have provided an example of a madna
                                    permit for your information.


              Habitat Assessment Mana'g'ement Measure

              This management measure appears to be addressed by existing programs.

                     -Response: Comment acknowledged.


              Shoreline Stabilization Management Measure

              This management measure appears to be addressed through comments received from the
              Shoreline Erosion Advisory Service (SEAS) and Virginia Institute of Marine Science


                                                           47








                (VIMS) during the Submerged Wetlands and Tidal Wetlands Permit review process. Are
                SEAS and VIMS involved in all marina construction and expansion permits?

                       Response: The Virginia Institute of Marine Science provides technical advisory
                                     assistance to VMRC on all marina permit appliqations. The Shoreline
                                     Erosion Advisory Service reviews and comments on the majority of
                                     permit applipations.


                Storm Water Runoff Management Measure

                The Commonwealth appears to have policies and mechanisms to meet the objectives of
                this management measure. However, the requirement for an 80% reduction in TSS from
                hull maintenance areas was not specified.

                      Response:      Although the 80 percent TSS standard is not specifically addressed,
                                     from a practical standpoint, the management practke-s required
                                     through the permit review process are consistent with those specified
                                     in the management measures guidance. An analysis of applicable
                                     BMPs is being completed as part of a Virginia Coastal Resources
                                     Management Program grant to the Virgnia Marine Resources
                                     Commision (VMRC). This study should compifement the existing
                                     marina water quality programs.


                Fueling Station Design Management Measure

                This management measure is a design requirement for marina facilities where fueling
                stations will be involved to ensure ease of access and protection against fuel spills. The
                Code of Virginia at ï¿½62.1-44.34 adequately addresses oil spills and contingency plans for
                clean up; however, it is not clear that ease of access and protection against fuel spills are
                taken into account under marina design criteria.

                      Response: For each new matina or marina expansion that includes the addition
                                     of a fueling facility we evaluate the location of the ifacifity. In addition,
                                     we require that a fuel spill contingency plan be made a part of the
                                     permit. Cont(hgencyplans may require that spill containment material
                                     be readily available on site.







                                                           48








             Sewage Facility Management Measure

             Existing policies and regulations appear to meet the objective of this manage-mont
             measure for ensuring that facilities and pumpouts are installed at new and exp'nrlding
             marinas and that signs on dump stations will give information on operating insiluctiorls,
             fees, and restrictions. However, in the program submission, there shOUld also be a
             discussion of the procedures used to ensure that these facilities are designed to allow
             ease of access and post signage to promote use.


                    Response:      Each matina and other place where boats are. moored (OPWBA M) is
                                   required to provide onshore toilet facilities, boat sewage holding tank
                                   pump-out service and a sewage dump station for boats using portable
                                   toilets. Any new or expanding marina or OPWBAM is required to
                                   have a VDH approved plan for a# sanitary facilities before VMRC
                                   permit is issued. The Marina Regulations list the minimuru-standards
                                   for pump-out facilities and sewage dump stations for VDH plan
                                   approval. These standards address the ease of access and user
                                   friendly aspects to promote use of the facilities. Marinas and
                                   OPWBA M are inspected yeady by the VDH to determine that these
                                   services are available. The required Certificate to Operate is issued
                                   when all services are in working order, Both the pump--out tacifity and
                                   the sewage dump station are required to post signs identifying
                                   location and listing operational directions.

                                   In addition," all marina permits require that signs be posted prohibiting
                                   discharges from vessel holding tanks and indicaling where pump out
                                   facilities are located. This condition addresses several management
                                   measures.


                                   As part of a Vitgnia Coastal Resources Management Program grant,
                                   a technical advisory service will be established to encourage marina
                                   owners bnd operators to post sinage and promote the use of pump-
                                   out tacifites.



             Operation and Maintenance Management Measures

             Solid Waste Management Measure

             It appears that the Commonwealth has policies and regulations to implement this
             management measure as applied to new and expanding marinas.



                                                           49









                       Response: VDH gathers information to determine if solid waste collection
                                      containers are available. This information is turned over to the U.S.
                                      Coasl Guard upon their yeady request.


                Fish Waste Management Measure

                The Commonwealth indicates that this management measure is onl,
                                                                                        y partially met since
                the solid waste law specifically exempts fish or crab bait. What approach will be taken to
                address fish waste at marinas where it is determined to be a source of pollution?

                       Response: The Virginia Department of Health (VDH) gathers information to
                                      determine if solid waste collection containers are available. This
                                      information is tumed over to the U. S. Coastal Guard upon their yeady
                                      request.

                                      In addition ï¿½ 10. 1- 1419 of the Waste Management Act (copy attached
                                      for reference) contains a requirement that litter receptacles be placed
                                      and maintained in areas accessible to the public. Among the areas
                                      listed are marina, boat launching areas, boat moorage and fueling
                                      stations, public and private piers and bathing areas. This along with
                                      public education regarding this issue from a pollution prevention
                                      standpoint could meet, or partially meet, the management measure.

                                      A technical advisory service funded through a Virgnia Coastal
                                      Resources Management Program grant will promote the proper
                                      disposal of fish waste.


                Liquid Material Management Measure

                The Commonwealth has a number of policies that apply to waste management; including
                dumping, oil spills, and oil d1scharge contingency plans. However, more discussion is
                needed to show how marinas will provide adequate disposal facilities for liquid wastes
                such as solvents, paints, antifreeze, and oil and how the use of these facilities will be
                encouraged.

                       Response:      The State Water Control Law and various state regulations prohibit
                                      the improper disposal or discharge of solvents, paints, antifreeze, oil,
                                      or other harmful liquids. In addition, several statutes and regulations
                                      require proper disposal facilities at marinas. Further, signs are
                                      required at marinas to encourage use of these facilities.



                                                             50








                                    Again a Vitgnia Coastal Resources Management Program grant to
                                    the Virgnia Marine Resources Commission will promote the proper
                                    management and disposal of liquid material through a technical
                                    advisory service.


              Petroleum Control Management Measure

              More information is requested to determine how the Commonwealth applies its present
              policies at marina sites to meet the requirements of this management measure. Are there
              specific requirements to control spills at marina fuel pumps? Are bilge wastes p@evented
              from being discharged in surface waters? Are State-registered boats with inboard tanks
              required to install fuel tank air vents?

                     Response: Permit conditions are included to preclude such discharges and to
                                    require spill control equipment to be maintained on site. Foreach new
                                    marina or marina expansion that includes the addition of a fueling
                                    facility VMRC evaluates the location of the facility. In addition, a fuel
                                    spill contfngency plan is made a part of the permit. Contingency plans
                                    may require that spill containment material be readily available on site.


              Boat Cleaning Managem       ent Measure

              More information is requested to determine how the Commonwealth applies its present
              policies at marina sites to meet the requirements of this management measure. Please
              describe how conditions in the Water Protection Permit can be used to implement this
              management measure.

                     Response:      Currently, boat cleaning with detergents is not addressed through the
                                    Virginia Water Protection pennit process. Boat maintenance involving
                                    solvents, hull scraping and repainting must be conducted in a
                                    maintenance facility located out of the water where discharpes ran be
                                    effectively controlled.

                                    Also, at new marinas or at matinas that are expanding to include
                                    cleaning areas in- association with a travel lift, we generally -require
                                    that sediment traps be included in the design. In addition our marina
                                    siting criteria require that facilities incorporating boat maintenance
                                    operations shall include plans for the efficient collection and removal
                                    of sand blasting material, paint chips, and other by-products of
                                    maintenance operations.



                                                            51








                                    Again a Virgnia Coastal Resources Management Program grant will
                                    promote the proper BMPs at boat cleaning facilities through a
                                    technical advisory service.


               Public Education Management Measure

               This management measure appears to be adequately addressed.

                      Response: Comment acknowledged.


               Maintenance of Sewage Facilities Management Measure

               This management measure     appears to be adequately addressed.

                      Response: Comment acknowledged.


               Boat Operation Management Measure

               This management measure is partially addressed by the State"s "no wake zone"
               designation. What approach is being considered to protect shallow water habitat from
               heavy.boat traffic and intensive activity (e.g. water skiing, jetski boats, etc.)?

                     Response: To some extent this measure is being addressed by the manna siting
                                   criteria which indicate that marinas should not be located close to
                                   areas of very high resource value such as shellfish species.



               HYDRO MODIFICATION


               Virginia Position


               The hydromodification management measures are covered primarily by a joint permitting
               process that coordinates review for multiple permits by various State and Federal
               agencies. The keystone agencies and related programs are the Virginia Marine
               Resources Commission for Subaqueous Lands Management, Tidal Wetlands
               Management, and Coastal Primary Sand Dunes/Beaches Management, the Department
               of Environmental Quality for Water Protection Permits, and the Chesapeake Bay Local
               Assistance Department for the Chesapeake Bay Preservation Act.




                                                         52










             NOAA and EPA Position

             The permitting process and programs as described in the threshold review document
             should be effective at implementing major portions of the hydromodification management
             measures. Some of the management measures are only partially met through the
             programs as described. In some cases, there is a need to show how these programs will
             be applied or modified to carry out the intent of the measures.

             General Comments and Questions

             1 .     Channel modification projects which are projected to have minor        or "insig  nificant",
                     impacts to State waters and wetlands, and which qualify for Nationwide or Regional
                     Permits from the Corps of Engineers, may not be reviewed by the State. What
                     criteria determine "minor"or "insignificant"? Do the criteria for determining "minor"
                     or "insignificant" take nonpoint source abatement functions into account?

                     Response: The criteria to determine "minor" or "insignificant" is up to the
                                    individual reviewing the site specific project. Each agency provides
                                    guidance on what is "minor" or "insignificant". NPS abatement
                                    functions are evaluated, on an agency by agency basis.


             2.      Have some of the general permit categories under 401 been decertified? What is
                     the State process in these cases?

                     Response: DEQ has dropped approval of certain 401 -certification categoties.


             3.      The Scenic River Act is applicable statewide to the 225 miles of Virginia waterways
                     which have been designated as scenic rivers.' How many miles are within the 6217
                     management area? Is it anticipated that the designation will be awarded to
                     additional stream miles in the 6217 management area? During the threshold review
                     meeting, the strengtHs of this program for implementing specific management
                     measures were discussed. Please include this information in the program
                     submittal.


                     Response: It is anticipated that additional miles of Scenic River will be added in
                                    the 6217 management area, Additional information regarding the
                                    Scenic River program will be included in the final program submittal,






                                                             53









                 Specific Management Measure Analysis

                Channelization and Channel Modification Management Measures

                1       In the program submittal, some further discussion of how the-appropriate agencies
                        coordinate activities for individual permits would be helpful. Discussion on this
                        issue at the threshold review meeting was instructive.

                        Response: Theibintperrnitapplication ismailedto the Virginia Marine Resources
                                      Commission and the Commission forwards copies for the application
                                      to the reviewing agencies. Each agency reviews the project and
                                      makes an agency determination. The Corps of 'Engineers holds a
                                      joint permit meeting with the reviewing and advisory agencies to
                                      obtain comments on the applications. The Virginia Department of
                                      Transportation holds an interagency coordination meeting to obtain
                                      comments from the reviewing and advisory agencies. Agency
                                      personnel may also attend coordinated site visits to evaluate
                                      proposed projects.


                2.      Do the applicable programs evaluate p  roposed channelization activity in terms of
                        stream geomorphology and stability, i.e. the ability of the stream, over time, to be
                        able to transport flows and sediment while maintaining channel dimension, pattern,
                        and profile?

                        Response:     The proposed definition of channel stability as being able to transport
                                      flows and sediment while maintaining channel dimension, pattern and
                                      profile is a "newv concept in the Commonwealth of Virginia. The
                                      "Stream Classificatfon and Restoration Short Course" taught by Dav  id
                                      Rosgen in March introduced this definition at the shore course, it
                                      would appear the permitting process will begin to incorporate these
                                      concepts into their review and approval process.


                3.      The first two portions of the channelization management measures appear to be
                        addressed through the permits and programs described. How are the operation
                        and maintenance sections of these management measures addressed?                  .  .         I
                        Response: O&M is an activity credited in the CRS. The activities of the SEAS
                                      program and the riparian restoration efforts by the Department of
                                      Conservation and Recreation and the Department of Forestry address
                                      these concerns. Citizen Groups which monitor the conditions of
                                      selected rivers also impact these areas.


                                                            54









              4.     The Commonwealth has proposed to meet the channelization and channel
                     modification management measures principally through a permit program which will
                     evaluation new work proposed within channels. While this approach addresses
                     important aspects of channel modification, in only looking at new work that is
                     proposed within channels, there is the potential to overlook problems within existing
                     channels. Are there conditions within existing channels that include the kinds of
                     nonpoint source activities and effects discussed in the (g) guidance for
                     hydromodification activities? In the program submittal, Virginia should describe the
                     nature and extent of any existing nonpoint source problems associated with the
                     types of hydromodification described on page 6-3 of the (g) guidance.

                     Response:     Them are likely to be conditions within existing channels that result in
                                   nonpoint sourr-es of pollution. However, the extent and significance
                                   of the problems have not been determined or identified.

                                   The activities of the SEAS program and the riparian restoration efforts
                                   by the Department of Conservation and Recreation end the
                                   Department of Forestry address these concerns.


              5.     In the program submittal, please describe how BMPs for ch     annel modification are
                     chosen and recommended.           It appears that several agencies identify and
                     recommi?nd-BMPs to reduce undesirable water quality and habitat impacts during
                     the review of applications for proposed new work. This is mentioned on page 6-8
                     of the threshold review document under discussion of the Water Protection Permit
                     and Submerged Lands Management Program. What reference documents are
                     used to describe and obtain design information for channelization BMP's? What
                     process is used to identify appropriate BMPs for the kinds of nonpoint source
                     activities and effects discussed in the (g) guidance?

                     Response: Problems are evaluated on a site specific basis and BMPs are
                                   fswmm6nded after site evaluadon and study. For problems requiring
                                   permits, the environmental agencies will review the proposal and may
                                   make recommendations on how to address the problem.


              Physical and Che*mical Characteristics of Surface Waters

              I .    Please clarify the circumstances under which State agencies are involved in the
                     "hydraulic evaluation" that is performed for proposed channelization projects. Page
                     6-7 of the threshold review document suggests that "hydraulic evaluations" of
                     proposed channelization projects are undertaken only by local governments. The


                                                           55







  -A









                        only reference that seems to relate to this is in the Flood Damage Reduction Act
                        at ï¿½ 10. 1 @602 (6), which seems to stipulate what the Departrrient of Conservatio@
                        and Recreation shall do for periodic evaluation of compliance and enforcement of
                        the floodplain laws, in cooperation with local governments.

                        Response:     State agencies are involved in proposed channefization projects on a
                                      site by site basis if permits are required to accomplish the proposed
                                      work. The permitting agencies may request design calculations to
                                      support the proposed work. After a site specific evaluation,
                                      modificafions in the project may be suggested or made mandatory as
                                      a condition of the permit.

                                      Modifications to floodways are to be reviewed - by the State
                                      Coordinating Office for the Flood Insurance Program in DCR. NFIP
                                      participating communities are visited on average once every three
                                      years for a review of program compliance. Lack of compliance with
                                      NFIP standards can lead to financial sanctions through reduced
                                      disaster assistance and reduced availability of federal funds.


                2.-     The Stormwater Management Act, as described in the threshold review document,
                        specifies that stormwater management plans are required for projects which would
                        disturb an acre or more and which would affect stormwater quantity and quality.
                        This potentially excludes a large number of projects, which, when considered
                        together (particularly within the confines. of any single watershed), may contribute
                        to the types of nonpoint source impacts discussed in the (g) guidance for
                        hydromodification activities. How does the Commonwealth address smaller projects
                        within the 6217 management area which are not subject to the Stormwater
                        Management Act, buy may still have cumulative impacts on water quantity and
                        quality?

                        Response: The Chesapeake Bay Preservationi Act helps to address certain types
                                      of cumulative impacts associated with projects that disturb more than
                                      2,500 square feet but less than one acre. Projects must implement
                                      B MPs to insure no reduction or loss in water quality.



                Instrearn and Riparian Habitat Restoration

                The threshold review document describes protection for threatened and endangered
                species and fish passage. In the program submittal, please describe how the applicable
                programs protect other important components of instream and riparian habitat (i.e.
                temperature, substrate, and submerged aquatic vegetation).


                                                             56









                     Response: Habitat protection and the protection of threatened and endangered
                                   sped  .es are not mutually inclusive. Further explanation regarding
                                   specific parts or elements of the overall habitat should not be needed.


             Dams Management Measures


             Erosion and Sediment Control


             This management measure is intended to apply to both construction and maintenance of
             dams. Some activities associated with dam construction or maintenance@ may disturb small
             areas, but because of the location of these areas, there is potential for significant sediment
             loading to adjacent waters. Does Virginia address activities that result in land disturbance
             less than thresholds in the Erosion and Sediment Control Law?


                     Response: If erosion of lands below the threshold limits of the Erosion and
                                   Sediment Control Law impacts State waters, the VMRC "Subaqueous
                                   and Wetlands Guidelines" and the DEQ mState Water Control Law"
                                   would come into play to limit water quality problems associated with
                                   the unregulated projects.



             Chemical and Pollutant Control


             I .     Do the Operation and Maintenance Plans referenced in the Sediment and Erosion
                     Control Section on page 6-14 of the threshold review document include control of
                     nutrients and toxic substances?


                     Response: Operation and Maintenance . Plans don not specifically address
                                   nutrients and toxic substances.


             2.      Please clarify how tl@ie Solid Waste Management Regulations Program limits
                     application, generation and migration of toxic substances in the construction of new
                     dams and in construction activities associated with the maintenance of dams.

                     Response:     Solid Waste Management Regulations along the State Water Control
                                   Law and pollution prevention programs at the Department of
                                   Environmental Quality help address the application, generation, and
                                   migration of toxic substances by requireing proper disposal of
                                   construction chemicals, making it illegal to pollute waters of the
                                   Commonwealth and encouraging proper handefing and disposal of
                                   these chemicals.



                                                           57









                3.     How do the applicable programs address proper storage and disposal of toxic
                       materials at dam sites, other than to ensure ultimate disposal within properly
                       designed and operated sanitary landfills?

                       Response: The 'Virginia Water Control Law'"does not permit the release of toxic
                                     materials into State waters. Therefore, proper storage, handling, and
                                     disposal are mandated by State Law.


                4.     Please clarify the relationship of the Virginia Water Protection Permit (p      .6-19
                       bottom) to the implementation of this management measure. The threshold review
                       document states that conditions requiring safe handling and storage of all
                       chemicals and proper debris disposal "can" be made part of this permit and that
                       BMP's "can be added" to the conditions of this permit. Are the kinds of concerns
                       addressed by this management measure typically reviewed and addressed by the
                       Commonwealth's Department of Environmental Quality (DEQ) as part of its review
                       of Water Protection Permit applications for dam construction-,"

                       Response: These types of concerns are typically addressed as part of permit
                                     review



                5.     The duties and responsibilities assigned to the Virginia Pesticide Control Board are
                       pertinent to implementing part of this management measure. Is there a similar
                       administrative body which evaluates the use and storage of other toxic substances
                       used in the construction and/or normal maintenance activities of dams?


                       Response: Yes. The Department of Environmental Quality in the administration
                                     of the "Virginia Water Control Law".



               Water Quality/Habitat

                       The permitting process addresses water quality and habitat impacts resulting from
                       construction of new facilities. What process is used to ascertain effects of dam
                       operation once the dam is built and functioning? Can the recertification process be
                       used to address water quality and habitat issues associated with dam operation?
                       Is there a data gathering process that tracks effects of dam operation on water
                       quality and habitat?

                       Response: Conditions made part of the Virginia Water Protection Permit can be
                                     used to determine dam operation impact on water quality.


                                                            58








                                    Recertification of a Dam Safety O&M Certificate can not be used to
                                    address water quality and habitat issues associated with de/77
                                    operation unless such dam operation affects the integrity of the dam.

                                    Conditions established in the Virginia Water Protection Permit is an
                                    official method to tract impacts to water quality. Information gathered
                                    by volunteer citizen watch or environmental advocacy groups may be
                                    available for selected dams.



              Streambank and Shoreline Erosion Management Measures

              1 .    Is there a mechanism to determine where shorelines and streambanks are causing
                     nonpoint source pollution and should be stabilized? The Agricultural BMP Cost
                     Share Program appears to provide a vehicle to address stabilization of shorelines
                     on agricultural lands and the Ch      'esapeake Bay Preservation Act-addresses
                     practices that could be applied to existing eroding streambanks. Also, the Shore
                     Erosion Advisory Service provides technical advice on shoreline erosion. Research
                     by Virginia documents to the extent of the problems resulting from shoreline
                     erosion. It will be important to show how existing programs will achieve nonpoin't
                     source control from eroding streambanks and shorelines.

                     Response:      The Shoreline Situation Reports completed by VIMS in the mid-to-late
                                    1970's provide historical shoreline erosion rates for the counties and
                                    cities along the Chesapeake Bay and its tributary rivers. The reports
                                    can be used to identify shorelines providing a targeted amount of
                                    sediment to the Bay system.

                                    An information campaign advertising the services of the SEAS
                                    program can be developed and targeted at selected segments of the
                                    shoreline providing a specified sediment load to the Bay system. The
                                    SEAS program would provide advice on how to control the erosion
                                    problem' and implementation of control measures would still be
                                    voluntary by the landowners.

                                    The intent of this measure was never to make shoreline 'Orotection
                                    mandatory on the prooerty owner. Voluntary implementation of
                                    control measures was the intent of the measure.



              2.     The CBPA Program, the Coastal Primary Sand Dune/Beach Program, and the
                     Wetlands and Water Protection Permits appear to address the second component
                     of the management measure which states: "protect streambank and shoreline


                                                           59








                       features with the potential to reduce NPS pollution." It would be helpful to include
                       some additional detail on how technical information is provided through the
                       Department of Forestry to ensure protection of shorefront wooded buffers which
                       possess particularly important water quality benefits.

                       Response: The O@epartmentof Forestry assists with the proteiction of ripadan and
                                    shorefiont forested buffers through programs which encourage the
                                    use of BMPs.



               WETLANDS, RIPARIAN AREAS AND VEGETATED TREATMENT SYSTEMS'


               Virginia Position


               Virginia protects wetlands and riparian areas through several regulatory programs,
               including the Coastal Primary Sand Dunes/Beaches Program, Wetlands Management
               Program, Chesapeake Bay Preservation Act, Virginia Water protection Permit Program,
               and Submerged Lands Management Program.' The Commonwealth proposes that the
               combination of these programs, together with other programs that promote wetlands
               protection, met the requirements of the management measures for wetlands, riparian
               areas, and vegetated treatment systems.

               NOAA and EPA Position


               The programs described in the threshold review document and discussed at the threshold
               review meeting appear to provide Virginia with a sound approach for addressing the
               management measures for wetlands, riparian areas, and vegetated 'treatment systems.
               The comments below relate to the need for some additional information and clearer
               description of how existing programs may be used to ensure implementation of individual
               management measures.

               General Comments and Questions

               1      How will Virginia protect and restore those freshwater wetlands which serve
                      significant nonpoint source abatement functions that are not contiguous to tidal
                      shores, as referenced in the Chesapeake Bay Preservation Act.? Please describe
                      the process that will be used to identify those wetland/riparian areas serving a
                      significant nonpoint source benefit. Are these considered at a watershed or
                      landscape scale?

                      Response: The "State Water Control Law" and the Virginia Water Protection
                                   Permit will be utilized to protect nontidal wetlands. The permit
                                   process will be utilized and the projects evaluated on a site specific


                                                           60









                                    case by case basis. A number of localities have designated
                                    noncondguous wetlands as RMAs, thus assuring a /eve/ of protection
                                    apart from the existing permit programs.


             2.      The Commonwealth has proposed to meet the wetland protection management
                     measures principally through a permit program which will evaluate new work
                     proposed within wetlands and riparian areas. While this approach addresses
                     important aspects of welland protection and restoration, there may be nonpoint
                     source impacts on wetlands and riparian caused by "off-site" activities, such as
                     watershed changes farther upstream. Does Virginia have a means to address
                     activities outside of wetlands and riparian areas which may contribute to nonpoint
                     source impacts on those resources?

                     Response:      Clearly a major emphasis of the CBPA is to protect locally identified
                                    or designated wetlands and riparian areas from impacts-caused by
                                    upstream activities. The RPA reflects a commitment to a concept in
                                    which a "management buffee is created at a landscape scale to
                                    protect riparian areas from off-site disturbances, including those which
                                    may be unmanaged.



             Specific Management Measures AnalVsis

             Wetlands/Riparian Protection

             1.      Please clarify how the applicable mechanisms and programs will be coordinated
                     among the responsible agencies in order to achieve this management measure.'

                     Response: Documents such as the "Joint Permit Application" Virginia Water
                                    Protection Permit and Section V of the Shoreline Development BMPs
                                    Handbook provide insight into the coordination process followed by
                                    Virginia agencies.


             2.      What criteria are used to evaluate nonpoint source activities and effects during a
                     permit review?

                     Response: The criteria is based on the merits of each site specific project. Each
                                    Agency reviews the project per their own rules and guidelines.




                                                           61








               Restoration of Wetlands/Riparian Areas

               The emphasis of the Commonwealth's proposed strategy to meet: this management
               measure seems to focus on mitigation of wetlands damage and destruction. Please
               describe programs that promote restoration of wetlands/riparian areas for nonpoint source
               benefits. For instance, the Agricultural BMP program is listed in the threshold review
               document (see page 7-9) as one of the applicable state programs. Could this be used to
               help implement this management measure by encouraging restoration of wetlands in
               agricultural areas?

                     Response:     The Agricultural BMP Program could be modified to encourage the
                                   restoration of wetlands in agricultural areas. Specific BMPs could be
                                   added to encourage restoration of prior conveded wetlands. The
                                   activities of the SEAS program and the Department of Conservation
                                   and Recreation and the Department of Forestry activities promote the
                                   restoration of wettandlilparian areas of nonpoint source benefits.


               Vegetated Treatment Systems

               The Commonwealth's threshold review document presents a number of programs that can
               be used to promote the use of constructed wetlands and vegetated filter strips. These
               programs appear to be in conformity with the management measure.

                     Response: Comment acknowledged.





















                                                          62















                                    Appendix B









                                           Response to Public Comments


               To facilitate public review and comment, a public announcement was sent to approximately
               325 individuals and the executive summary for the document was uploaded to the Virginia
               Library and Information Network. There were forty seven requests for the document.

               Although the Commonwealth of Virginia has maintained a very open and inclusive program
               planning and development process, there was very little public interest in the final program
               submission. In fact, the Friends of the Shenandoah River provided the only written comments
               received during the required thirty day public review and comment period. A copy of the
               letter from the Friends of the Shenandoah River is included in the.program submittal package.

               Comment:      The Friends of the Shenandoah River recommended that the Commonwealth of
               Virginia include the Shenandoah River watershed in the program management area.

               Response:     As discussed in the program boundary section of this submittal document,
               implbmentation of the coastal nonpoint source pollution control program in the Shenandoah
               Valley would require Virginia to create a separate Section 6217 management area and would
               not build on existing accomplishments but would require that new legislation and regulations
               be developed. Virginia has already taken significant steps to address nonpoint sources of
               pollution in Tidewater Virginia. Moreover, the Commonwealth is moving forward with
               implementation of Tributary Strategies to compliment these efforts and to address sources of
               nonpoint pollution originating in watersheds outside tidewater Virginia.















                                   Appendix C













                         VIRGINIA C  OASTAL NONPOINT SOURCE POLLUTION CONTROL PROGRAM


                              PARTICIPANTS IN THE PLANNING AND DEVELOPMENT P              ROCESS


               Department of Conservation and Recreation,
               Division of Soil and Water Conservation
               203 Governor Street, Suite 206
               Richmond, Virginia 23219-294

               Department of Environmental Quality
               Division of Intergovernmental Coordination
               629 East Main Street
               Richmond, Virginia 23219

               Ad Hoc Advisory Committee

               Michael Amyx, Virginia Municipal League
               Paul Berge, Accomack-Northampton Planning District Commission
               Joyce Bradford, Northern Neck Planning District Commission
               Thomas Christoffel, Lord Fairfax Planning District Commission
               Terri Cofer, Virginia Environmental Network
               Arthur Collins, Hampton Roads Planning District Commission
               Karen Firelocl, Issac Walton League
               Mark Gibb, Northern Virginia Planning District Commission
               Natalee Grigg, Home Builders Association of Virginia
               Peter Hall, Virginia Institute of Marine Industries
               Jack Houghton, Piedmont Planning District Commissi .on
               Patricia Jackson, Lower James River Association
               Dan Kavanaugh, Middle Peninsula Planning District Commission
               John Kidd, Richmond Regional Planning District Commission
               Larry Land, Virginia Association of Counties
               Jessica Landman, National Resources Defense Council
               Thomas Leggett, Jr., Working Watermen's Association
               Stephen Manster, RADCO Planning District Commission
               Glen McDowell, ASCE - Virginia Chapter
               Dennis Morris, Crater Planning District Commission
               Nancy O'Brien, Thomas Jefferson Planning District Commission
               Sarah Pugh, Virginia Department of Agriculture and Consumer Services
               Jay Russell, Virginia Lakes Association
               William Strider, Central Shenandoah Planning District Commission
               Richard Stroemple, Rappahannock-Rapidan Planning District Commission
               Tamara Vance, Alliance for the Chesapeake Bay
               Jean Watts, Chesapeake Bay Foundation
               Kenneth Williams, Virginia Watermen's Association
               Alan Marshall, Virginia Agricultural Chemicals and Soil Fertility Association
               Carlton Courter, Virginia Agricultural Business Council
               Susan Mullin, Virginia Nurserymen's Association
               John Johnson, Virginia Farm Bureau Federation
               Richard W. Moyers, Virginia Poultry Federation, Inc.
               Paul Calamita, McQuire Woods









                                                                                            List of Participants


               Gary Hutt, Virginia Nurserymen's Association
               Tscharner Watkins, Virginia Nurserymen's Association
               James W. Cox, Department of Conservation and Recreation
               J. Richard Hill, Department of Conservation and Recreation
               Peyton Snead, Department of Conservation and Recreation
               Stuart D. Wilson, Department of Conservation and Recreation
               Fran Geissler, Department of Conservation and Recreation
               Joe Baumer, Department of Conservation and Recreation
               Paul Peckins, Department of Conservation and Recreation
               Tony Banks, Department of Conservation and Recreation
               Charlie Lunsford, Department of Conservation and Recreation
               Russ Perkinson, Department of Conservation and Recreation
               Scott Kudlas, Chesapeake Bay local Assistance Department
               Collin Powers, Department of Environmental Quality
               Laura McKay, Department of Environmental Quality
               Mike Foreman, Department of Forestry
               John Fisher, Richmond Regional Planning District Commission
               Mike Kakuska, Northern Virginia Planning District Commission
               Marjorie Adkins, ACB
               Larry Minock, Department of Environmental Quality
               Jennie Lewis Smith, Department of Environmental Quality.
               Lee Hill, Department of Conservation and Recreation
               Sandra Rives, RADCO Planning District Commission
               J.B. Hall, Home Builders Association of Virginia









                                                                                           List of Participants

               Work Group Participants:

               Agriculture

               Anthony Banks, Work Group Co-Chair, Department of Conservation and Recreation
               Fran Geissler, Work Group Co-Chair, Department of Conservation and Recreation
               Richard Ayers, Department of Environmental Quality
               John Carlock, Hampton Roads Planning District Commission
               Ken Carter, Natural Resources Conservation Service
               Don Delorme, Virginia Department of Agriculture and Consumer Services
               Kathy Dictor, Virginia Department of Agriculture and Consumer Services
               David Faulkner, Natural Resource Conservation Service
               John Fisher, Richmond Regional Planning District Commission
               Richard Hill, Department of Conservation and Recreation
               Patricia Jackson, Lower James River Association
               John Johnson, Virginia Farm Bureau
               Larry Lawson, Department of Environmental Quality
               Victor Liu, Crater Planning District Commission
               Russ Perkinson, Department of Conservation and Recreation
               Collin Powers, Department of Environmental Quality
               Sarah Pugh, Virginia Department of Agriculture and Consumer Services
               Jay Russell, Virginia Lake Association
               Cal Sawyer, Virginia Department of Health
               Bill Scruggs, Virginia Department of Agriculture and Consumer Services
               Randy Shank, Virginia Cooperative Extension
               Mike Smiley, Chesapeake Bay Local Assistance Department
               Peyton Snead, Department of Conservation and Recreation
               Jean Watts, Chesapeake Bay Foundation
               Alan Weber, Virginia Department of Health
               Keith White, Chesapeake Bay Local Assistance Department
               Stuart Wilson, Department of Conservation and Recreation

               Forestry

               Deborah Mills, Work Group Chair, Department of Conservation and Recreation
               Mike Aust, Virginia Tech
               George Beals, Oakley Farm
               John Bellemore, George Washington National Forest
               Ken Brassey, George Washington National Forest
               John Carlock, Hampton Roads Planning District Commission
               John Carroll, Department of Forestry
               Charles Finley, Virginia Forestry Association
               Mike Foreman, Department of Forestry
               Richard Hill, Department of Conservation and Recreation
               John Johnson, Virginia Farm Bureau
               Jack King, Chesapeake Corporation
               R.L. Koenig
               Victor Liu, Crater Planning District Commission
               Richard Maim, Union Camp Corporation

                                                               3









                                                                                          List of Participants

               Matt Poirot, Department of Forestry
               Collin Powers, Department of Environmental Quality
               William Saunders, Department of Forestry
               Mike Smiley, Chesapeake Bay Local Assistance Department
               Peyton Snead, Department of Conservation and Recreation
               Jean Watts, Chesapeake Bay Foundation
               Jim Willis, Chesapeake Corporation


               Urban Areas

               Susan Burke, Former Work Group Chair, Department of Conservation and Recreation
               Ann Brooks, Department of Environmental Quality
               Don Brunson, Department of Environmental Quality
               John Carlock, Hampton Roads Planning District Commission
               Richard Hill, Department of Conservation and Recreation
               Mike Kakuska, Northern Virginia Planning District Commission
               Victor Liu, Crater Planning District Commission
               Steve Long, Virginia Department of Transportation
               Collin Powers, Department of Environmental Quality
               Sandra Rives, RADCO Planning District Commission
               Cal Sawyer, Virginia Department of Health
               Peyton Snead, Department of Conservation and Recreation
               Burt Tuxford, Department of Environmental Quality
               Burt Tuxford, Department of Environmental Quality
               Jean Watts, Chesapeake Bay Foundation
               Keith White, Chesapeake Bay Local Assistance Department

               Marina and Boat Operation

               Richard Hill, Work Group Chair, Department of Conservation and Recreation
               Ray Fernald, Department of Game and Inland Fisheries
               Al Golding, Virginia Department of Health
               Pete Hall, Virginia Association of Marine Industries
               Scott Hardaway, Virginia Institute of Marine Science
               Tom Leggett, Jr., Working Watermen's Association
               Charlie Lunsford, Department of Conservation and Recreation
               Alan Pollock, Department of Environmental Quality
               Collin Powers, Department of Environmental Quality
               Cal Sawyer, Virginia Department of Health
               Peyton Snead, Department of Conservation and Recreation
               Brian Wagner, Chesapeake Bay Local Assistance Department
               Tony Watkinson, Virginia Marine Resources Commission
               Mark Wood, Department of Game and Inland Fisheries









                                                              4









                                                                                            List of Participants

                Hydromodifications & Wetlands, Riparian Areas,. and Vegetateed Treatment Systems

                Lee Hill, Work Group Co-Chair, Department of Conservation and Recreation -
                Paul Peckins, Work Group Co-Chair, Department of Conservation and Recreation
                David Byrd, Department of Environmental Quality
                Ray Fernald, Department of Game and Inland Fisheries
                Marlene Hale, Chesapeake Bay Local Assistance Department
                Scott Hardaway, Virginia Institute of Marine Science
                Joe Haugh, Department of Conservation and Recreation
                1 Patricia Jackson, Lower James River Association
                Jay Russell, Virginia Lake Association
                Tony Watkinson, Virginia Marine Resources Commission









































                                                                5















                                         Appendix D



ot



lot.


IL








                                                      List Of Referenced Documents


                     Chesapeake Bay Local Assistance Department
                              Chesapeake Bay Local Assistance Manual
                              Chesapeake Bay Preservation and Management Regulations (VR 173-02-01)
'41                  Department of Conservation and Recreation
                              Virginia Erosion and Sediment Control Handbook, Third Edition, 1992
                              Virginia Erosion and Sediment Control Regulations (VR 625-02-00)
                              Virginia Field Operations Technical Guidance
                              Virginia Nonpoint Source Management Program Implementation Report
                              Virginia Nonpoint Source Pollution Watershed Assessment Report
                              Virginia Nutrient Management lHandbook
                              Virginia Stormwater Management Regulations (VR 215-02-00)

                     Department of     Environmental* Quality
                              1992 305(b) Virginia Water Quality Assessment
                              Emission Standards for Open Surning (Rule 4-40)
                              Groundwater Withdrawl Regulations (VR 680-13-07)
                              Oil Discharge Contingency Plans and Administrative Fees for Approval (VR 680-14-07)
                              Solid Waste Management Regulations (Sec. 62.1-194 at seq.         of the Code of Vh-ginia)
                              Surface Water Management Area Regulation (VR 680-15-03)
                              Virgin ia'L;oas'Lal Resource Management Program Report
                              Virginia Hazardous Waste Management Regulations (VR 672-10-1)
                              Virginia Pollution Abatement (VPA) Permit Program Regulations (VR 680-14-01)
                              Virginia Water Protection Permit Regulation (VR 680-11@-02)
                              Water Withdrawl Reporting (VR 680-15-01)

                     Department of Forestry.
                              A Guide to I/Vildland Fuels Smoke Management
                              Forest Statistics for Virginia, 1G92 Resource Bulletin
                              -Forestry Best Management Practices for Water Quality in Virginia

                     Department of Game and Inland Fisheries
                              Regulations of 'he
                                              t   Commission of Game and Inland Fisheries, Commonwealth of Virginia

                     Department of Housing and Community Development
                              BOCA National Plumbing'Cade
                              CABO One and Two Family Oweiing Code
                              Uniform Statewide Building Ccde, Volume I New Construction Code (VR 394-01            -21)

                     Department of Labor and Industry
                              Construction Industr/ Standard for Sanitation, 1926.51 (VR 425-02-72)
                              Fire Protection, Construction Industry, 1926.150 through 1926.159 (VR      425-02-114)
                              General Safety and Health Provisions, Construction Industry Standard for Sanitaition,
                                      1926.51 (VR 425-02-72)















                                     Appendik E










                     INDEX TO KEY ENVIRONMENTAL PROGRAMS IN VIRGINIA
                     (applicable to CZARA Section 6217)




4                    Chesapeake BaV Local Assistance Department (CBLAqj
                     Chesapeake Bay Preservation Act (CBPA) (Sec.10.1-2100 through 2115 of the Code of Virginia)
                     Chesapeake Bay Preservation Area Designation and Management Regulations (VR 173-02-01)

                     Department of Conservation and Recreation (DCR)
                     Dam Safety Act (Sec. 10. 1-604, et seq. of the Code of Vilginia)
                     Erosion and Sediment Control Law (Sec. 10.1-560, et seq. of the Code of Virginia)
                     Floodplain Management Program (Sec. 10.1-602, et seq. of the Code of Virginia)
                     Nutrient Management Program
                     Scenic Rivers Act (Sec. 10.1-400 through 10.1-418, of the Code of Virginia)
                     Shoreline Erosion Advisory Service (Sec. 10.1-702, et seq. of the Code of Viipinia)
                     Stormwater Management Act (10.1-603.1, et seq. of the Code of Virginia)
                     Virginia Erosion and Sediment Control Regulations (VR 625-02-00)
                     Virginia Agricultural Best Management Practices Cost Share Program (Sec. 10.1-500, et seq. of the
                     Code of Virginia)
                     Virginia Stormwater Management Regulations (VR 215-02-00)

                     Department of Environmental Quality (DEQ)
                     Emission Standards for Open Burning (Rule 4-40)
                     Groundwater Management Act (Sec. 62.1-242 through 62.1-270, of the Code of Virginia)
                     Groundwater Withdrawl Regulations (VR 680-13-07)
                     Oil Spills (Art. 11, Sec. 62.1-44.34, of the Code of Virginia)
                     Oil Discharge Contingency Plans and Administrative Fees for Approval (VR 680-14-07)
                     Oil Discharge Contingency Plan (Sec.. 62.1-44.34:15, of the Code of Virginia)
                     Solid Waste Management Regulations (Sec. 62.1-194, ei seq. of the Code of Virginia)
                     State Water Control Law Amendment (Sec. 62.1-44.15.5, Pt seq. of the Code of Virginia)
                     State Water Control Law (Sec. 62.1-44.2, et seq. of the Code of Virginia )
                     Surface Water Management Act (Sec. 62.1-242, et seq. of the Code of Virginia)
                     Surface   Water Management Area Regulation (VR 680-15-03)
                     Virginia  Waste Management Act (Sec. 10.1-1400, ot seq. of the Code of Virgini8)
                     Virginia  Hazardous Waste Management Act (VR 672-lb-1)
                     Virginia  Pollution Abatement (VPA) Permit Program Regulations (VR 680-14-01)
                     Virginia  Water Protection PermitRegulation (VR 680-15-02)
                     Virginia  Pollutant Discharge Elimination System(VIDES) (VR 680-14-01)
                     Virginia  Coastal Resource Management Program
                     Waste Reduction Assistance Programs
                     Water Withdrawl Reporting (VR 680-15-01)

                     Department of Forestry (DOF)
                     Aerial Spray Program
                     Debris in Streams Law (Sec. 62.1-194.2, et seq. of the Code of Virginia)
                     Forestry Best Management Practices for Water Quality in Virginia
                     Reforestation of Timberlands Program
                     Silvicultural Water Quality Law (Sec. 10. 1-1181, et seq. of the Code of Virginia
                     Stewardship Incentive Program
                     Virginia Seed Tree Law (Sec. 10.1 - 1163, et seq. of the Code of Virginia)
                     Water Quality Complaint System                 -










                 INDEX TO KEY ENVIRONMENTAL PROGRAMS IN VIRGINIA
                 (applicable to CZ4RA Section 6217)




                 Vir-ginia Departmen, of Agriculture and Consumer Services (VDACS)
                 Cotton Boll Weevil Quarantine (VR 115-04-14)
                 Gypsy Moth Quarantine (VR 115-04-12)
                 Nursery Inspection General Rules (VR 115-04-15)
                 Pesticide Disposal Program
                 Pesticide Container Recycling Program
                 Plants & Plant Products Inspection Law (Sec. 3.1-188.32, et seq. of the Code of Virginia)
                 Registration and Certification of Grape Nursery Stock (VR 115-04-17)           1
                 Regulations Governing Licensing of Pesticide Businesses Operating Under Authority of the Virginia
                 Pesticide Control Act (VR 115-04-22)
                 Regulations Governing Pesticide Applicator Cerlifi",@ tion Under Authority of Ilia Virginia Pesticide
                 Control Act (VR 115-04-23)
                 Rules and Regulations (or Enforcement of Virginia Pesticide Law (VR 115-04-03)
                 Virginia Pesticide Safety and Management Program
                 Virginia Pesticide Control Act (Sec. 3.1-249.27, et seq. of the Code of Virginia)

                 Virginia Department of Health (VDH)
                 Alternative Discharging Sewage Treatment Regulations for Single Family Dwellings
                 Environmental Health Services Law (Sec. 32.1-164, of the Code of Virginia)
                 Marina Education Programs
                 Rules and Regulations Governing the Sanitary Control of Oysters, Clams and Other Shellfish (Sec.
                 28.2-803 through 28.2-808, of the Code of Virginia)
                 Sewage Collection and Treatment Regulations
                 Sewage Handling and Disposal Regulations
                 Virginia Sanitary Regulations for Marinas and Boat Moorings (Sec.32.1 -246, of the Code of Virginia)

                 Virginia Department of Transportation (VPPT
                 Adopt-a-Highway Program
                 Virginia Department of Transportation Road and Bridge Specirications, January 1991.

                 Virginia Marine Resources Commission (VMRC)
                 Coastal Primary Sand Dune Program (Sec. 28.2-1400 through 28.2-1420, of the Code of Virginia)
                 Criteria for the Siting of Marinas or Community Facilities for Boat Moorings (VR 450-01-0047)
                 Submerged Lands Management Program (Sec. 28.2-1200 through 28.2-1213, of the Code of Virginia)
                 Submerged Lands and Tidal Wetlands Permit Program and the Local Wetlands Board Permit Program
                 (Section 28.2-1200 through 28.2-1300, of the Code of Virginia)
                 Tidal Wetland Management Program (Sec. 28.2-1300 through 28.2-1320, of the Code of Virginia)

                 Vir              I                                                    -
                   _qinia State Police
                 Road Safety









                  Final Report: Shoreline Erosion Advisory Service Accomplishment (11196 - 3/31/96)


              The Shoreline Erosion Advisory Service Accomplishment (SEAS) program provided advice to 50
              tidal shoreline property owners during this quarter. Environmental review and comment of
              shoreline protection projects was provided by the staff at the Corps of Engineers joint permit
              processing meeting and the Virginia Department of Transportation's interagency coordination
              meeting. 3 educational presentations regarding proper design and implementation of shoreline
              protection measures were also given during the quarter.









                                                                                                                              NOAA COASTAL SERVICES CTR LIBRARY



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                        DeT--jartment ofConserva-don & Recreation
                        CONSERVING VIRGINIAS NATUR,41 AND RECRSE@,TIONAL FLE-SOUIR,12-Ps
                                                f" D