FOR THE  NATION'S  ESTUARIES
      PROCEEDINGS  OF  THE



    VIRGINIA  PUBLIC MEETING



     FORT MONROE, VIRGINIA



       NOVEMBER 19, 1968

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                                                                                              Regional Center for Environmental Information
                                                                                                          USEPARegronMI
                                                                                                            1650 Arch St.
                                                                                                        Philadelphia, PA 19103
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                                   PROCEEDINGS
V

                                           of the
                                   VIRGINIA PUBLIC MEETING


                             NATIONAL ESTUARINE POLLUTION STUDY


                       FEDERAL WATER POLLUTION CONTROL ADMINISTRATION
                                                          U.S. EPA Region III
                                                          Regional Center for Environmental
                                                           Information
                                                          1650 Arch Street (3PM52)
                                                          Philadelphia, PA 19103
                                      November 19, 1968

                              The Chamberlin, Old Point  Comfort

                                    Fort Monroe, Virginia

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                 TABLE   OF   C01TEITS


                                                                     PAGE

Opening Remarks by Mr. Gary Gardner, Middle Atlantic
 Region, Federal Water Pollution Control Administration —	——  1

Statements

Governor Mills E° Godwin, Jr. - Read by Mr. A.  H« Paessler ———-  6

Honorable William B» Spong, Jr« - Read  by Mr. Marvin Sutherland — 11

Honorable Richard M. Bagley —-————————————— 20

Honorable Harrison Mann - Read by Dr. William J. Hargis, Jr.  ——— 2k

Mr. Frank Miller —————————————— 25

Mr. Maurice A. Thorn -------—,________»_-___-____.—.—.—_.—...	— l±6

Virginia Tidewater Soil and Water Conservation  District ———— 50



Mr. C. E. Adams, Jr. —-——_—-- — ———_--_.—,____«____«. 58
Mrs« June Pearson —.—.-—----.——..—-—.«.———. — ------——--«— 8l


M-r  HI nvrSia TJ  Ul 1 AV _<.— *.  —~   «_««._«,_      ««    —-,    «    — — •-•—— AA
i*ii O V el. WJf U.W Wf O W J= aL,C Jf           ^t»*«J»l     «)    ™>Q»       MEOHHK.OB        »« O-  ku/W


Mr. Franklin P. McGiimes —————————— 92


Mr» S« Mason Carbough —--——————-——-----—. — .«____--__« 96
Additional Statements Submitted For the Record

Mr. Tom Fo McGourin, State Conservationist  — -— — - — ___-—_—.

City of Portsmouth, Virginia, Department  of Public Works —-——120

Mr. Jack W» Mace, Executive Secretary, Hampton Roads
 Maritime Association ——————————————— 122

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                                                                    Page

Additional Statements, Continued

Honorable Clive L« Duval, II, Virginia House of Delegates —----——123

Mr0 Jo Mo Alexander, Commissioner, Virginia Department
 of Conservation and Economic Development -—--————--—-.——-125

Mr. Thomas Fo Maxwell, City Manager, City of Norfolk, Virginia ——127

Mr. Josiah P. Rove, III, Mayor, City of Fredericksburg, Virginia —129

Honorable George Co Rawlings, Jr., Virginia House of Delegates -.—
Supporting Documents Sutaaitt-ed by Individuals and Agencies on File
in the Middle Atlantic Regional Office, But Hot Included in the Record

1«  "The Storm Drainage Disposal Problem in the Richmond Area," by
    A. H» Paessler and Eo R. Sutherland.

2,  "The Virginia Tidal Riverbank Erosion Survey," by Virginia
    Agricultural Experiment Station, Blacksburg, Virginia0

3.  "Marine Resources of Virginia—The Use, Conservation, and
    Development," Report of the Virginia Marine Resources Study
    Commission to the Governor and the General Assembly of Virginia.

4.  "Minutes—Public Hearings Before the Virginia Marine Resources
    Study Commission.,"
Appendix A
  T,1 
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                   November 19,  1968









            GARY GARDNER:  Welcome to the meeting of  the




Region of the Federal Water Pollution Control Administration.




I would  like to pass on to you the regrets of Mr. Eugene




Jenson,  the Regional Director of the middle Atlantic  Region,




who came down with a severe cold over the week-end and was




unable to be here.  My name is Gary Gardner.  I'm from




Charlottesville, the Regional office.




            I would like to give you a little background




into the purpose of the meeting and why we are here this




morning.  The Clean Water Restoration Act of 1966, an amend-




ment to  the Federal Water Pollution Control Act, required




the Department of Interior make a national study of estuarine




pollution.  The objectives of this study are outlined in a




brochure to be found on the back table and I'll summarize




these if I can.  The objectives are for the Secretary of the




Interior to prepare a report and submit to Congress.  This




report shall (1) document and analyze the various aspects




of estuarine pollution; (2) make recommendations for  a com-




prehensive national program for the preservation, use  and




development of estuarine zones and (3) recognize the  respective




rolls of Federal, State and local governments plus private




and public interest.  Actually the Act fairly well defines

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 the  scope of this activity.   It calls for a comprehensive




 study of  the effects of its  pollution including the effects




 of sedimentation on the estuaries and estuarine zones and




 particularly related to the  beneficial uses,  and to consider




 use  trends which will influence future pollution problems.




 The  Act also calls for assembly and coordination and organi-




 zation of all existing data.   The identification of problems




 in areas  in which there is a need for Federal study.  An




 analysis  of economic and social values of the estuaries and




 a discussion of  the major economic,  social and ecological




 trends as they may influence future pollution problems.  The




 Act  specifically directs that the study be made in cooperation




 with other governmental agencies,  private organizations,




 institutions and individuals.   The purpose of this meeting




 today is  to obtain an expression from interested persons,




 groups and agencies from here and throughout the State of Virginia.




 Although  we do expect some statements from state agencies




 and  other federal agencies the primary purpose is a public




 show.  In other  words individuals  from conservation organiza-




 tions. League of Women Voters,  and private  •itizens have an




 opportunity to make a statement here  this morning or to




 submit a  statement,  the record of  the minutes  of this  meeting




will be held  open for approximately fifteen days.  These

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statements will be contained in a report to Congress so




with this opportunity that you have, all of the informatio n




that we collect will be reviewed by Congress.  By way of a




further comment all those who have registered for this




meeting and hopefully everyone here has/will receive a copy




of the minutes of this meeting.  Some months ago the Secretary




of the Interior wrote to the Governors of each of the twenty-




three coastal states here in the United States and requested




that he designate someone to serve as a focal point for




State interest.  Governor Godwin appointed three individuals




here in the State of Virginia and on my right are these three




individuals.  First Dr. William Hargis, who is the Director




of the Virginia Institute of Marine Science.  Seated next to




Dr. Hargis is Mr. Paesler,  who is Executive Secretary of the




State Water Control Board and seated on the far right is




Mr. Marvin Sutherland,  Director of the Virginia Department




of Conservation and Economic Development.  The group of




individuals seated here to my left will serve as a panel




and these individuals will be introduced to you in a few




more moments.  There are certain ground rules we would like




to attempt to follow here in our session.  First,  all of

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 those presenting  statements will be asked  to  come up  here




 to the  podium and make  their presentation.  There will  be




 no questions from the floor of  the speaker.   The panel




 serves  the  purpose of asking questions  primarily from the




 standpoint  of clarifying  some of the  statements that  are




 made by  the individuals who come forward.  They are not




 here to  harass so don't  let it bother  you.   More for




 clarification or  to expand upon a point.   I'm sure that




 all of  us have certain  ideas and sometimes it is very




 difficult to get  these  in writing.  If  it  is  a prepared




 statement and this off-the-cuff arrangement should help




 maybe explain a little more fully some  of  the statements.




 If at the time of registration you did  not indicate that




 you desired to make a statement feel  perfectly free to




 change your mind  as we progress along if you  feel that you




 would like  to present something for the record and to the




 group please go back to the registration desk and indicate




 this and they will send a card forward and we will call upon




 you.  As indicated earlier the records of the meeting will




 remain open for approximately fifteen days and if you don't




 care to come here to speak, feel free to send the information




 to the Regional Office in Charlottesville.  The address is




in the Estuarine  Brochure.  With that I will  turn the session

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 over  to  Mr.  Paesler who will  introduce  the  panel  and  begin




 our meeting.




           PAESLER:   Thank you Mr. Gardner.   I \vould like




 to express the appreciation on behalf of  the  State  repres-




 entatives here today  for  your coining to this  meeting  to




 consider this most valuable of Virginia's assets  for




 estuarine resources.  As  Mr.  Gardner has  indicated  we have




 a panel  of experts here who are here for  the-  purpose  of




 trying to make this record as complete as we  can  and  to




 introduce them starting on my immediate left  - on your




 right Mr. John Anderson who is Director of  Planning of




 Virginia Ports Authority; Mr. R. V. Davis,  Assistant




 Executive Secretary of the State Water Control Board;  ; r.




 E. C. Meredith, Director  of the Division  of Engineering  ,




 State Department of Health; Dr. Morris Brehmer, Assistant




 Director of the Division  of Applied   Marine   Science and




 Pollution Engineering of  the  Virginia Institute of  Marine




 Science; Mr. Milton Hickman,   who is Director  of the 'Marine




 Resources Commission; Mr. Edwin Holms,  who  is Director of




 Research of the Division of Industrial Development; Mr.




 Julian Alexander,  who is Commissioner of  the Division  of




water Resources,  with the Department of Conservation and




Economic Development and  through a space  problem  Mr.  Elbert

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Cox, who  is sitting in the audience here who is Director




of Commission of Outdoor Recreation.  And now to get  the




official  part of this record going it is my extreme




pleasure  to give you greetings from the Honorable Mills




E. Godwin, Jr. Governor of Virginia who unfortunately was




unable to be at this meeting but he has asked that we make




his comments a matter of record and I'm glad to do so at




this time.




              Statement of Governor Mills E. Godwin, Jr.




           I wish to thank the Federal Water Pollution




Control Administration of the Department of the Interior




and the cooperating State agencies for convening this meeting




to allow our people interested in the marine waters of the




Commonwealth to express their opinions regarding uses and




management of these natural resources and their concern for




their future.   I wish also to represent those interested




Virginians who are not able to be here.




           Constant contact with and obligation to the sea




is a part of the heritage of Virginians.   Among our valuable




natural marine resources and the 4,000 statute miles of




shoreline and 4000 square miles of territorial seas,  we also




enjoy easy access to nearly 13,000 square miles of Continental

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 Shelf  waters.   Lower  Chesapeake  Bay  and  three major tidal




 tributaries, plus  countless  lesser tidal streams,  bays,




 gulfs  and  lagoons  are major  resource systems.   From these




 are  derived  great  economic and cultural  benefits.




           h majority of Virginians  live in  the one-third




 of the counties  that  border  the  ocean and bay and  most




 industry is  here.   The largest urban complexes and the




 fastest population growth is here.




           We  know that the  living things and the  waters,




 bottoms and  shorelines including the wetlands  are  resources




 of great economic  and aesthetic  value.   Significant commercial




 fisheries, growing sport fisheries,  port development,




 marine-related military activity and industry,  tourism and




 other  recreational activities are directly dependent upon




 these  resources.




           Sportsmen  hunt the wetlands,  residences crowd




 in on  the  shorelines,  cities and industries  drink,  use and,




 often,  contaminate the waters.




           While the  great Northeastern  urban  complex or




 corridor (Megalopolis) has recently  begun to  impinge on




 Virginia's tidal areas, we still have most of  the  few re-




 maining undamaged  and untenanted coastal  barrier islands



and wetlands in  the mid-Atlantic region.   However,  pressures

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 of  municipal,  industrial  and recreational  growth have




 resulted  in  some  problems with  water  pollution,  overfishing,




 competition  for access  to and space on  the waters and  struggle  over




 mineral rights.   Shoreline development  is  accelerating,




 threatening  to eliminate  habitat  for  waterfowl and fishes.




           As  utility of  the marine resources has increased




 and users  and  use problems have multiplied,  the  General




 Assembly  and Executive  officers of the  Commonwealth, urged




 and encouraged by the citizens, have  attempted to develop




 appropriate  management, research  and  planning mechanisms and




 programs  to  deal  with these growing difficulties--to reduce




 pollution  and  other  destruction,  to increase use,  and  to




 conserve  arid oven preserve their  values.   We have tried to




 do  this in the interests  of present and future Virginians and




 visitors.  We  have attempted to enable  increased and wiser




 use of our marine environment and its resources.   Though not




 always successful, our  efforts  have borne  fruit.




           In  developing  what might be  called its "Marine




 Resource Research-Management and  Planning  System,"  Virginia




 has demonstrated  her great appreciation of and concern for




 the marine resources.   In the conviction that we  must  vigor-




 ously assume responsibility and take action  to insure and



enhance the  continued multiple-use of our  valuable  estuarine,

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                           — 9 —




coastal and oceanic waters, and preserve the aesthetically




pleasing and spiritually necessary attributes of the marine




environment, we have established and supported several rele-




vant agencies and programs.  These include the Virginia




Institute of Marine Science, the Marine Resources Commission, the




State Water Control Board, the Department of Conservation




and Economic Development and its Water Resources Division,




the State Department of Health, and the State Ports Authority.




These, coupled with the Soil and Water conservation Com-




mission, the Commission of Game and Inland Fisheries, the Div-




ision of Industrial Development, the Commission on Outdoor




Recreation, and the Division of planning and Community




Affairs, are in this System.   Many other organizations and




agencies,  including the Hampton Roads Sanitation  District




Commission and the various intra-state River Basin associations,




as well.  Several interstate fishery and water quality com-




missions have been developed.   All these,  working with each




other, and with appropriate federal agencies,  have and will




continue this vital work.




           Virginia is convinced that if she is to insure




the continued multiple use of  her eistuarine and coastal waters




for commercial and sport fishing,  tourism and  other recreation,

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                        -10-

pbrt  development and military activities, and as a focal

point  for private, municipal and industrial development,

all resources of State  and local governments and private

interests must be marshalled.  We need and solicit coopera-

tion,  advice and technical and financial support from the

vested federal agencies.

           In the spirit of true cooperation, it is essential

that private, local, state and federal activities reduce the

quantity, where it would be useful, and improve the quality

of their waste effluents.

           Under our present system of government and

organizational arrangements,  primary ownership of and res-

ponsibility for management of most of the coastal marine

resources is vested in  State or local governments.  Therefore,

the prime obligation for development and conduct of sound

policies for management of estuarine and coastal waters

and their resources must be assumed by these same units.

           I am also convinced that,  where Virginia's marine

resources uses and interests coincide with or impinge on these

of other state,  we will have to develop additional interdkte

or regional arrangements for planning and management.  Examples

of potentially serious  interstate problems are the proposals
to divert Susquehanna River water into other watersheds,

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and major channel modification projects such as the




proposed deepening of the Chesapeake and Delaware Canal.




           In the interests of developing and assuring




better coordination of their programs, and better, more




effective services to the people, Virginia's water resource




oriented agencies have established an informal coordinating




committee, with a chairman.




           In the interest of achieving wisest use of the




estuarine resources of Virginia,  I am directing that the




relevant State agencies,  operating within the framework




of their respective legal authority, cooperate in every




appropriate way with each other and with the responsible




agencies of the Federal government.  Additionally, I am




requesting the t they keep me fully informed of their




activities.




           At this time we would like to have Mr.  Sutherland




read for the record a statement from Mr. Spong.




           SUTHERLAND:  I have communication from Allan




Jones who is the Legislative Assistant to the Senator and




in part states before the Senator left for Brussels,  ho




asked me to convey his regret again that he cannot be present




this morning for the meeting.   The substance of the Senator's

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 statement  I  shall  read verbatim.




           I am pleased to  submit  a  statement  today in




 support of efforts to  restore and  protect  some of the  most




 important  natural  resources of  my  state  and  the Nation.  .




 our estuaries.




           h'e  in Virginia are vitally  concerned about  the




 future of  our  estuarine and coastal  waters and their resources,




 for we increasingly depend  on them for jobs, food,  recrea-




 tion, transportation and water  supply.   Who  has not bene-




 .Citted or  been affected by  the  aquatic life  and condition of




 the Rappahannock,  James, York or Potomac Rivers,  for example?




 Each has a valuable estuary.  Bach,  unfortunately,  is  polluted.




 And there  are  many more estuarine  zones--in  fact,  the  whole




 coast of Virginia  is composed of a myriad  of estuaries.  These




 zones are  areas where  river waters,  the  ocean  tides, coastal




 currents and the contours of the shores  interact.




           These zones  and  the  condition of  their  waters have




 been of key  importance  throughout our history  here  in  Virginia.




 Some 350 years ago, water was a major concern  of Captain




 Newport when the Susan  Constant, the Godspeed,  and  the Discovery




 entered Virginia via an  estuary and dropped  anchor  at  Jamestown.




Apparently,  there were  no natural springs  at the settlement

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site and early records shov that the first settlers




tried to draw water from the salty James River--an estuary--




but gave up because of the foul taste.  Shallow and easily




contaminated wells apparently were the principal source




of water for those early colonists.  Usually, these wells




did not provide so-called "wweet water," but at least it




was more palatable than the river water.  A poor drinking




water supply is generally accepted by historians as the




chief health problem of early Jamestown and it is probably




that this was a major factor in the loss of the colony.




           As early as the 18th century, colonial laws to




protect the navigational use of inland waterways regulated




the construction of dams and other channel obstructions.




The state and private interests were actively engaged in




canal construction during much of the 19th century.  Virginia,




through the Potomac River compact,  later was one of the first




of the Eastern states to deal with water resources on a




regional basis.




           Virginians are still dependent on the coastal




water resources—perhaps more than ever.  Virginia's es-




tuarine resources encompass all the physical, biological




and aesthetic attributes of her approximate 13,000 square

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miles of marine waters and bottoms, and 4,000 statute




miles of shoreline, beaches and marshlands.  The Chesapeake




Bay and its tidal tributaries and the reaches of the




adjoining continental shelf are among the most productive




of all waters.  Much of the economic strength of Virginia




is based on these resources.




           Estuaries are significant to total human welfare.




They provide corridors for transportation, habitat for the




production of food, sites for the disposal of waste and a




locale for recreational activities.




           Estuaries generally have high biological pro-




ductivity, and their influence extends well into the ocean.




The waters of estuaries,  including bays, lagoons, bayous,




marshes and other wetlands,  are the haven for millions of




waterfowl of numberless varieties, the habitat and spawning




grounds of fish and shellfish which form a staple of the diet




of millions of people,  and for growth of fur-bearing animals.




           Because of their hydrologic and geologic character,




estuaries are a natural sink where pollutants gather and multiply




in quantity and in complexity.  Therein lies the "rub"—




the great danger and threat to the very existence of these




essential organisms which depend upon the estuary.

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            For despite their increasing value to a growing,




 prospering state,  our estuaries have b«corae increasingly




 polluted.   In Virginia,  as in other state,  the quality




 of our waters has  become a problem as a consequence of




population and economic growth.  Growth has  centered on




 estuaries.  Twenty-five percent of the United States popu-




 lation is  clustered on estuarine zones and  the wastes of




 these populations  have adversely affected the aquatic




 environment.   We have come to a point in our history where




 we,  as a state and as a Nation,  have begun  to call a halt




 to pollution.   We  are determined not to repeat the James-




 town plight.   We are here because we know we must protect,




 preserve,  develop,  manage and judiciously use our estuarine




 water resources to the best advantage of all our people--




 today and  tomorrow.




            This meeting represents a significant forward




 step in the cause  of cooperation and conservation of these




 resources.




            We  are  here to define the value  of these rich




 resources  and  gather ideas from interested  citizens for




 optimum use and management of the estuaries.   Ultimately,




 on the basis of hearings held in many coastal states,  a

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program  for  such management will be recommended to




Congress by  the Department of the Interior in November




of 1969.




           The study of estuarine pollution—of which




this hearing is a part—and the report to follow re-




commending national action were authorized by Congress




in the Clean Water Restoration Act. of 1966.  That Act




and the Water Quality Act of 1965 set the strategy for a




nationwide water pollution cleanup and provided the tools




to carry out that strategy.  Those tools were money to




help towns and cities construct needed waste treatment




works and conduct needed research and planning; water




quality standards to be set by the states and approved by




the Federal Government; and enforcement authority to see




that those standards of pollution control are met.




           In passing the 1966 Act,  congress realized that




one area very closely related to water pollution control,




and which merits attention, had been relatively ignored and




unrecogni^ed--tha t is, the problems of estuaries and their




related estuarine areas.




           The development of coastal areas has been very




rapid in recent years, but Icnowledge of estuarine environments




has not kept pace with the need to resolve problems de/eloping

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frorn such intensive use.




           The definition of an estuary, who owns them,




and who are responsible for their condition are the types




of questions which have plagued us.  So a study was approved




to fill our information gaps.




           Also, detailed information on estuarine char-




acteristics—such as estuarine circulation patterns, rates of




exchange of materials with coastal and marine waters, and the




ecology of estuarine organisms--must be developed to attain




a realistic, essential and effective management of the vital




estuarine areas.




           Our goal for estuaries roust be to expand their




use for all citizens—make them clean and safe and rich in




life so that many uses may flourish.  To do this, we must




control the damaging side effects of each use,  for each




activity alters the natural environment to some extent, adds




to the pollution, and changes the ecology of the environment.




Industry fills in along the shore to expand its plants.




Growig waterborne commerce requires improved channels,  thus




they are dredged and the spoil is deposited on unused land




or shallow water.

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            Recently there have been accelerated efforts
 to erect structures to protect the coast from hurricanes
 or to preserve the recreational values of beaches.   The
 wastes from metropolitan and industrial centers located on
 estuaries pollute the waters and destroy their use  for many
 purposes.  The growing popularity of boating brings more
 and more people into estuarine waters,  along with their
 discharges  of  sewage,  oil and debris.
            Any estuarine program,  therefore,  must be directed
 at controlling the harmful side effects of each use of the
 waters,  so  that more uses for more people may flourish in
 that estuary.
            Improvement of the quality  of our coastal waters
 will require the fullest cooperation of our Federal,  state
 and local governments,  and of private  business and  industry.
 Working  together,  we can preserve and  increase one  of our
 most valuable  national assets--our coastal resources.
            Virginians have much experience in controll Ing water
 pollution and  this experience must be  put to good use.   It
 is interesting that right here in this  area,  about  55 -/ears
 ago,  people were concerned with sewage  disposal.  There? was
 an investigation and test program carried on in the Hampton
area  in  connection with the growing  of  oysters in the  area

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                      -19-




 Jcnown  as  Hampton  Flats, which  lies  between  Old Point and




 Newport News  Point.   The result  was the  installation of a




 sewerage  system at  the place now known as Hampton  Institute.




 The  results were  due  to cooperative efforts among  Virginia's




 agencies,  such  as the Sanitary Engineers Office and  the




 State  Health  Department.




           V«ater  pollution  control  must  be  founded on mutual




 respect and cooperative effort between the  Federal Government,




 the  states, the municipalities,  private  organizations,  in-




 dividual  citizens and industry.




           Clearly, water problems  affect each of  us.   I am




 glad to see so  many people  of  Virginia sufficiently  concerned




 with our  water  problems to  come  today to state specifically




 what steps for  action are needed.   Yours is constructive




 concern which will aid Congress  in  its efforts to  promote




 environmental quality.




           I  know as  a result  of this meeting  today  we will




 work more  effectively together for  water pollution control




 and for the future well-being  of the Commonwealth  of Virginia.




           PAESLER:   Thank  you Mr.  Sutherland.   I  would  like




 to recognize  at this  time the  Honorable  Richard  M. Bagley




 a member  of the Virginia General Assembly and  the  House  of



Delegates and who has indicated  that he  would  like to make

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                       -20-




a statement.   Mr. Bagley.




           BAGLEY:  Thank you Mr. Paesler, members of the




panel, ladies and gentlemen.  It is a privilege this morning




for me to apparently be the only representative from Hampton




and so I would like to give you the official welcome of our




city.  I think we are all very grateful this hearing is being




held in Tidewater, Virginia and especially in Hampton who




has such a vested interest in all matters concerning marine




resources.  My purpose this morning is to make the gentlemen




of the study acquainted with what has taken place in Virginia




over the past two years in the matter of preservation in




marine resources.  I have Mr. Chairman presented your clerk




with copies of a study which was authorized in the 1966 session




of the general assembly and have as its purpose the seeking




of the best possible uses of marine resources of Virginia




and the division of their use to all interested parties.




Like many states on the eastern seaboard Virginia has found




itself with an exploding population with urbanization taking




place in many areas and what normally we would let nature




and her wisdom portion, obviously it has become a greater




problem.   Now this commission composed of fifteen Virginians




of which I was privilaged to participate, was drawn from all

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                               -21-



walks of people who are users of marine resources, private




citizens, heads of some of our state agencies, some of which




are seated here at the head table today, representatives of




the recreation division of people who are interested in learn-




ing resources, commercial seafood producers and processors.




We think that since the study was a unanimous report, that it is




fairly representative of the way Virginians feel at this point.




I might add that the results of the study in the form of ten




bills and two resolutions were passed unanimously in the




last session of the general assembly so I think this fairly




well states Virginia's position on the marine resources at




this time.  I would like to briefly describe to you some




of the highlights of the study and you bear in mind that




these did subsequently become legislation and most of which were




effective July 1st of this year.   First the commission of




Fisheries was changed in name and in roll.  It became known




as the commission of Marine Resources.  Its roll was expanded




and it was determined that this would be the price regulator




agency for Virginia's Marine Resources in the tidal areas.




The Board was increased from five to seven with the specific




recommendation which was followed by the Governor in that




all of Virginia's Marine users including sports fishing




interest would be represented on  this commission.   Also the

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                               -22-




 capabilities  of  the  marine  resources  commission  were in-




 creased  by  way of  added  inspectors  and  inspection  boats.




 In  the field  of  pollution the  State Health  Department was




 given new prerogatives in the  construction  of ne\v marinas.




 We  found this to be  a very  contributing and unregulated




 source of pollution  in Virginia waters.   Boats pollution was




 specifically  placed  under Water Control Board.   There was




 some area of  concern if  perhaps this  was  not pinned  down as




 it  should oe and so  Vircjinia's regulatory agencies for both




 documented  and undocumented vessels were  specifically given




 to  the Water Control Board.  The Virginia Institute  of Marine




 Science  were directed to make  two very significant studies,




 one of which had to  do with the cataloging  of Virginia's




 Wetlands and Marshlands.  This in all their  five public




 hearings held throughout Virginia's tidal area was pointed




 out as a big problem of  the organization  and before  the




 Commission  could make any disposition of  any corrective  action




 it became apparent that we didn't know which tide lands  and




wet lands were important, which had significance to  our  marine




 life,  which had  not,  and so that study along with a study of




the perpetual and age old conflict between the Menhaden




 fishers and the  sports fishers was directed in the 1963




session though reporting back in a subsequent session.   The

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 sports fisninu program of Virginia,  the salt water sports




 fishing tournament was expanded to give them new funds and




 for  tht; , irsl  time Virginia recognized it had a State resource




 worthy of  state promotion in its seafood industry and we did




 succeed • r, naving f^ncs promoted specifically which in con-




 junction  v.t-c'i  Federal  funds would both promote our industry.




 It war, o-'intid out that the country  was well aware of Majne




 lobsters  and Louisiana shrimp but Virginia's equally famous




 seafood rvrodacts  didn't enjoy the same national excoptance.




 J have t'lj.F morning IP ft  copies of the rtudy.  I have,  Mr.




 Paessler,  taken the liberty of having the Division of Statutory




 Research arvl Development  forward to  this Commission the ten




 bills  and  tvo  resolutions which were passed.  I hope that this




 package 01 legislation plus the study itself will be of some




 value  Mr,  Gardner to you  and to your work.   Thank you very much.




            PAESSLER:   Are there any  members of the panel that




 have any questions or  comments to make at this time?  (No




 response)   1 would like to take this opportunity to introduce




 a member of the audience,  a member of the State Water Control




 Board,  Kr. Robert spencer who is here from  Roanoke today and




 vho says ho is  just 'ping  to listen but I would like to say




 that since he  is  a  member of this team up here that if he has




any questions I would  like  to afford  him the opportunity  to




ask questions if  he wishes  to.   Are  there other members  of

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                           -24-




 tnc  Genera1  Assembly or le-gislative members here who we




 don't  iavc-  record on and who might want to make a comment




 or  statement at  this time?  (No response)   Then I would like




 to  havo  Dr.  Harqis read at this time a statement from the




 Honorable C.  Harrison Mann,  a  member of the Virginia General




 Assembly,




            HARGIS:  This letter addressed  to Regional




 Director Jonson  of the Federal Water Pollution  ControJ  Ad-




 rrtinistral- ion.  Dear Mr.  Jenson:  Thank you for  your  invitation




 and  the  opoortunity to be heard on November 18th.   I regret




 that I cannot be  present as  I  haveaiother  engagement on that




 date.  1 wish however  to express my opinion on  several  matters




 of interest  to the study.  First,  the problem of estuary




 pollution while  local  in creation is an interstate problem




 affecting broad areas  and should therefore be dealt  with on




 that basis.   In my judgment  there should be federal  standards




 applicable across  the  board  to all esturine areas.   Res-




 ponsiblity should  rest with  the States  to  enforce  those




 standards with federal enforcement if states fail.   Second,




 priorities must be assigned  to the stemming of  pollution.




 It is ridiculous  in my opinion to even  be  considering the




 control  o.t minimal pollution contribution  of small pleasure




 craft while  toleratinq mars pollution by cities, towns,




and industries.

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 (Special M"t°)  1  own no pleasure craft.  When the major



 verms o; pollution 3--e brought under control there will be



 opportanitv to discuss lesser form without jeopardizing the



 need for action wit:; respect tr f-be major culprits.  Very



 *.rujy y-..;rs,  C. damson Mann, .Member of the House of Delegates.



             GARDNFJF:   We have received many statements to



 he include-  into  t'•-'»-  record.  Late  yesterday we received a



 r-ommuru cat. i on from Honorable Clyde L. Devow,  II, a member of
                                   ;


 tho Virciriio  Generai  Assembly representing Fairfax - Falls



 Church sending  his  reqrets that he would be unable to attend



 and indicating  that he would submit  'a statement.  -V  chis



 time I would  like  to  recognize Mr.  DeCamp from Washington



 who heads  up  the National  Estuarine  Pollution Staff.   For



 our next presentation I  call Mr.  Frank H.  Miller of the Hampton



 Roads  Sanitation District.   Mr.  Miller.



            MILLER:   iMr. Chairman I'm afraid  I represent



 the first  of  those  wno may be called polluters as I'm one



 who has  these wastes  to  dispose of and has to find practical



 ways to  do i.t.  I'm a little bit  afraid that  if we came a



 little bit to a count here today  that the  polluters here



 would  be ri}ht  much out  numbered  by  those  who are telling us



 how we have to  do that to  make it work effectively, but we



do try a go >d deal harder than  some  of you may believe.

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                          -26-




             I am very grateful for this opportunity to




 appear before this hearing,  to which the Congress has




 assigned the most commendable purpose of preservation,




 study,  use and development  of estuarine waters.




             If I may briefly identify myself,  mine has  been




 a  long and loving association with the waters  of  which  this




 meeting is concerned for  many years.   I came here and worked




 with  the Crohurst survey  in  1934  as a recent Sanitary En-




 gineering graduate from Virginia  Tec   I worked for the




 Virginia State  Health Department  some seventeen years and




 as  such was supervisor of Shellfish Sanitation for about




 five  years with that  agency  doing survey work  which classi-




 fied  the use OL these areas.   I served on local and state




 committees,  concerned with the use of waters,  fisheries,




 recreational uses and since  1949  I have served as Chief




 Engineer and later as General  Manager and Chief Engineer




 of  the  Hampton  Roads  Sanitation District.  This is the




 overall  interceptor-treatment  agency responsible  for




 pollution  abatement  for some  1250 square miles adjoining




 the lower  Chesapeake  Bay  and  its  tributaries.  Finally,




 during  all  of my 58 years I have  been a devotee of boating,




 fishing  and  other recreational uses  of these waters,  so feel




in addition to a professional interest a considerable personal

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                       —27—




 interest in them.  Senator Spong commented on the original




 colonist who came over on the Susan Constant, the Discovery




 and the Godspeed as having water problems even in those




 days.  I have another honor I think by certificate on my




 wall in the office who is a member of the crew of the Susan




 Constant.  Back to the Hampton Roads sanitation district




 I believe I need to cite no support for the statement that




 the District Commission,  since its initial work in 1947, has




 continuously demonstrated its concern and dedication to




 the same objectives for which this conference is organized.




 Assigned by the Legislature of Virginia with the responsibility




 of pollution abatement in these waters in 1938, the District




 now includes systems having a replacement value in excess of




 $40,000,000 to which it has added facilities, including both




 interceptor and treatment, at a cost of more than $16,000,000




 in the past five years.  It projects programs which will




 require expenditures in excess of $8,000,000 in the next




 four years,  and long term improvements through the year 2000




having an estimated overall total cost exceeding $100,000,000.




The District presently serves approximately 600,000 persons




and its systems are planned to serve about 80QOOO within the next




ten years.

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                        -28-




            The  systems  for which the District is res-




 ponsible  basically  utilize the  concepts  which are re-




 commended in  1934 by  the Public Health Service-State Health




 Department report,  and  which have,  in every instance to




 date,  received  the  approval  of  the  State Health Depart-




 ment and  the  v\ater  Control Board of Virginia.   They have




 also received the implied approval  and commendation of the




 U. S.  Public  Health Service  as  the  Federal agency respon-




 sible  for shellfish supervision,  and the work of the Dis-




 trict,  has been  cited  by Federal Pollution Control authori-




 ties over the years as  a  model  which estuarine communities,




 similar to chose an this  area,  might well follow.   In terms




 of treatment  results, the District  has consistently produced




 in its primary  treatneit  plants effluents of less than




 30 PFM BOD wiiich has never  resulted,  in




 oxygen depletion ir receiving streams or problems incident




 ic point  v.here  settxeable solids have been near nil,  there




 IP no evidence  of sludge  banks,  nor  is there evidence of




 other problems  associated with  the  solids removal  standards




 which we  have been  aole to achieve.




           We have, within the  last  year or  two,  heard




 increasingly  of the need  for secondary treatment withort




support oy survey or  factual determination or demonstration of

-------
                      -29-




thc- value wnich smh treatment may have in this area.   I




*. eel very strongly that your deliberations should evaluate




this neeJ and, at tne same time, evaluate the constructive




benefits which might be accomplished.   We can only tell you




at this Lime that the estimate of cost to the people of the




tiampton Roads area to provide secondary treatment is in the




ran-jo ot uc-ven million dollars.  It has been the attitude




of the Commission, in which I fully concur, that when there




is reasonable evidence to show that a need exists for




secondary treatment,  and that constructive stream uses  will




bti commensurately enhanced by the expenditure of this some




seven million dollars,  then the Hampton Roads Sanitation




District will, witncut urging of any local state or federal




agency,  recoonize and accept its obligation to provide  such




facilities.   Conversely, if the expenditure in this magnitude




will not serve to reasonably enhance the waters to which




these effluents are discharged and the constructive uses




of them,  then the Commission feels it would be an unreasonable




imposition on the people that it serves to authorize such




expenditure.  For the purposes of determining biologically,




bacteriologically, and chemically the present effects and




the enhancement which might be expected,  the Commission has

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                      -30-




authorized  the Virginia  Institute  of  Marine  Science to




undertake a  twelve  month study  to  fully  develop these facts,




of what car>  bo expected  from  secondary treatment or enhanced




treatment or whatever  kind  it might provide.   This  study




is in no way directed, and  I  think Dr. Hargis  and Dr. Brehmer




vv.il! vouch  to you,  it  is a  study we have  asked, them to pro-




duce for -is  information  which gives a basis  for judgment.




If that -jvdament says  a  certain thing should be done which




is going to  cost money,  then  I presume we have no choice




or desire; but: to spend that money  to accomplish those purposes.




           Concerning  uses of area waters, I do not feel it




is a defeatist attitude  to recognize some of the practicalities




which arc; involved, and  I would suggest that in this hearing




these practicalities be  given more consideration then it would




appear they have at times in  the past.  It is  axiomatic,  for




instance in shellfish  work, that fresh pollution  carries a




great deal higher :.azard than does that which  has been  through




treatment plants, or which has been subject to attenuation




i "i salt water for some length of time.  I  think Mr.  Jenson




worked on shellfish work and  will vouch for that  fact.




Correction of fresh pollution from vessels, particularly




those of the Navy,  now seems  remote.   Overflows  contribute



both raw sewage and contiguous discharge.  Let  us at  least

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foresee correction of some of these conditions before




we 'place in essential status expensive plant refinements




that inay ;-rovide comparatively little betterment.  As a




practical matter, recreational use for swimming, skiing,




and boating and  fishing takes place in the vicinity of




almost every one of these outfalls where primary treated




effiuont goes over.  I <^on' t condone this or say that it




should necessarily be, however strictly from a bacteriological




standpoint or I would think from an epidemiological stand-




point this recreation and these carriers have no adherent




hazard,  'waterways values are not limited,  nor am I at all




times convinced tney are always even primarily related to




the more technical aspects of water pollution.  Silting,




destruction by filling,  permitting derelicts to accumulate,




oil flow,  debris, overfishing with nets,  crab pots, etc.,




phosphate-nitrogen nutrient effects,  etc. are all factors




whicn have a distinct bearing and must be considered.  I




feel it quite possible that pursuit of higher objectives in all




of these areas must move in unison if we  are to secure the




best use of waters of the type we have here.   There is no




great point in restoring waters for recreational use if you




turn around after you have restored them and allocate four




or five square miles to take care of spoil, yes all your

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                         -32-




 spoil away cost money but these waters are  gone once  they




 are  filled so why xvorry  with protecting them  if you are




 eventually -icing to  Lake them  for uses of any kind that




 prevents the  utimate and highest best purposes as waters.




           I would like  to discuss briefly  some of the




 things wh.icn I think are important.  This pollution from




 vessels would certainly  be one.  Shipping and naval vessel




 concentration contribute materially to area pollution.




 I believe it would not. be an unrealistic estimate that




 five to twenty thousand  total  population might at any time




 live aboard vessels  in these Hampton Roads waters.  For




 example, two airplane carriers with tnarely standby crews




 aboard would represent two to  tnree thousand  persons  each.




 Support vessels with perhaps one to two hundred aboard would




 account for another  perhaps two thousand persons.  Piers




 where these vessels of the United States Government tie




 are less than two miles  from major resort-recreational




 areas.  There just has to be a significant pollution  or effect




 by bacteria in these discharges this close to the areas that




 are used for recreational purposes more intensively than are




 any in the vicinity.




           Overflow that occurs is something  that 1 think




is very significant and  we need to give a great deal  or

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                          -33-




 attention  to.   Overflow due  to storm flow,  high ground




 water,  flooding by tides,  or power failures occurs to a




 degree  wiirh  is not now known and  I say it  is  not now




 Known without  any  fear  of  argument.   I  don't think the




 Water control  Board knows  what happened,  the State Health




 Department  doesn't  knov; what happened and I don't think




 I he  cities  of  the  area  know  and we are  only beginning to




 learn because  vitnin the last two  years we  put in devices




 v, hjch do toll  us something of the  effect that  these things




 are  having.  We have in our  4! stations for instance 33




 installations  for  timing devices that at least tell us




 the  duration of time on storms,  heavy rainfall,  whatever




 mirjht nave  occurred,  hign  tides the  duration of time when




 the  level in the sewers has  been at  or  above their overflow




 level so we can begin to interpretate - interpret something




 of the  information  we had.   It should be recognized,  however,




 that the uistrict operates only some  one-tenth of about




 four-hundred and fifty  pumpino  stations in  this immediate




 area of Hampton Roads,  and that's  one awful  lot of potential




 trouble when you are  around  450 pieces  of mechanical  equipment




 any one of  which is  subject  to  the failure  of  mechanical




 equipment can  have  built into  it.  None of  these  stations



that I  .-an  recall of  the whole  four  hundred  and fifty has

-------
                        -3/1-




standby power and most  of them are built without  regard




to infiltration.  Many  years ago when  it was  no factor and




I'm not being critical  in say a rig this,  that the sewers were




built without regard to infiltration or storm water  exclusion




or flooding exclusion from them.  I had a man who I  very




hiqbly rrspect who is one of the outstanding  public  works




engineers of this area  made a statement to me about  fifteen




years aqo tnat one of the best services rendered  by  the




domestic oowc-rage system that was put  in the  area and this




was a lar^-e one, was to lower the ground vater table  in the




area about four feet.   This is a little in conflict  with




what I lecl to be the purposes of sanitary sewei?  but this




is about the method that was used to install  many of them.




These discharges from lateral sewerage systems or pumping




station overflows normally occur in headwaters where assimi-




lation capacity is low,  dilution is low but where in many




instances thedciers and the swimmers and the  people  playing




on the banks of the river and some shellfish  users are more




intense on that then any other point.




           Mechanical in Process Failure;  Mechanical in




process failure also are necessary a fact.   I frankly 1hink

-------
                           -35-


 tisaL tuechanica]  and  process failure is one of the lesser


 lactors wo  need  he concerned with and although it is one


 that needs  to  br investigated to a considerable extent


 small boats  nave oome  in  for a great deal of conversation


 and they  no  constitute to say thr- least a most difficult


 problem.  The  effect is perhaps minimal at moorings - except


 at moorings  and  in headwatacs where boats are concentrated


 in or are in close proximity to swimming,  skiing or your


 higher uses  of adjoining  land for residential purposes.


 Treatment devices available leave much to be desired and


 shore facilities  for persons at (jocks,  pier:?,  marinas and


 similar harV>oj:3  ar-> woeful !•  inadequate.   We in the District's


 offices nave tried LQ  exercise s^rao concern which would at


 least - as mien  as two years ago we wrote to those interested


 hoping we -:ov ] d  stimulate some interest  in upgrading t'ie


 available facilities on snort.1.   Representative Mann SE id that

 he had no selfish interest,  I do.   I own a boat and erjoy it

 very much an.< at  r.-is  moment I don't know what Mr. Paessler,


Mr. Davis,  or   Mr. Jenson  can offer  but  I do not know trie


 practical answer  to this  business of pollution on a be it.


 I cannot believe  it is  merely grinding  it  up in a chlorinator

raacerater  anc; putting it back  overboard  and I have a real good


 idea  as a boat owner what a  good  many  of  them would do  if it
                                                        devices
required tar. and  then  these  complicated and unworkable/ are

-------
                         -36-




 pumpinu ont on shore.   My thought at the moment is that




 perhaps one of the most constructive approaches was when




 these boats come into  marinas and small docking places




 that, there be adequate clean and convenient facilities on




 shore which not one in twenty of them today has I can assure




 you.  V.ith this people could be at least educated to go




 ashore anc^ use them to some extent.




            Nutrient pollution is extremely serious to us.




 we know at this time aad I perhaps could bo corrected, I




 think I'm quoting correctly from conclusions of the Water




 Control Board otudy, of two major streams in the area,




 by name is Lynnhaven River and Eastern Branch which in




 certain areas, Eastern Branch particular I have seen it




 repeatedly during the  past summer , foul and unable to support




normal marine  life,  fish, crabs or any of them during a




good part of the summer due to the discharge of secondary




and  tertiary treated effluents in the streams but by that




discharge contribution of high nutrients, phosphates and




oxygen to the  stream.  Hopefully some of these discharges




will come into the Central District system in the near future.




Some we know will and we need these loads a great deal but




this leads me to the question of what happens when our own




discharges.  .  . now  we  can't  take  all  of the discharges  we

-------
                        -37-




have in any practical way into waters where we have forty




feet of depth and control that.  I'm not at all sure if we




continue the discharge of treated effluent and secondary




doesn't help this as some of you know.  Secondary does




nothing to alleviate this problem of nutrient pollution




and in the Eastern Branch, unless I, in my forty years of




work in this area have been misled, it is nutrient pollu-




tion which leads to the depletion of DO and an unliveable




condition in that stream.  I would suggest that secondary




treatment as such would be little or nothing towards nutrient




removal,  'should be very carefully weighed with regard to the




developing nutrient situation.  Little except conjecture




would now guide planning as to what need exists or what




should be done in this area.  Let me dismiss with just the




comment that runoff and silting I think are horribly serious.




One of the most constructive things I remember seeing recently




in termr- of pollution that causes trouble to all concerned




is this runoff and silting in this business of the Corps of




Engineers now requiring stilling bases which they did in




          Mill Creek.   I think it was 100 feet by 100 feet




by 8 or 10 feet in depth where materials coming in can settle




and be dredged in some more orderly way.  I can cite to you a



cove within a short distance of us that was dredged to depths

-------
                          -33-




of  perhaps four or five  feet as recently as  six years igo




where  f hev are mow about t^o feet.   The same cove  every




jail vvron vou qet runoff .into the culxrerts along the




sides  01  the street carries  all of these leaves dropi/ing




into tl'C  stream and every summer  - thi s is in the cool and




eojd v,-; <:.i:••(.-;. .;>•;/ here and e /ery summer -vhen it. then turns




v..~irv, a ,.'  '  <:  ;ra ,-eriai sta -!•;-•  to degenerate  you c?et an




ox'/''0,i  -oil  jcion xn 'he  stream,  an absolute  septicity




cf  Lhe  v,aco>.  jn it.  If  yc i  pump that v/ater  into the




s'jct:ior  ::,i..c cf a heao and .it stays i'i there as much as




.seven  bo:!.'_r,  v/hen you pump it through you have  a firo




       C'i  .'-,;:lfide odor in t le area.  I think  it  is very




     ta \\. : ;.at we *.r^ to c >  ;;•• -othing about  this runoff  and




si J Line; an  preserve our waters  bv what we do.   In addition




to  t;ie  '•ro,_-! c!'>, areas which I ,iave specifically  discussed




the best  .'c,  development ind preservation of area watf rr=




should  JTi.ljy conside'" reduction or prevention of total loss




of  areas  b>  deliberate fil ~; *-••_•< as spoil areas,  dumi) areas,




derelict  collectior, piles, encroaching bulkhead lines,  etc.




In  the  last  quarter centurv  ' * the a.rea probably well •-. ver




J,UOO acte-s,  or five to  six  square miles,  of -water area  a




qood pa•t of which was available  for shellfish,  and all  of

-------
v;'.i- -I: v.ri-  a <^a i. !;•»;•) it for sor.e type of  recreational use is




no  'orvo'  available.  It has been eliminated as a water
a r e n




            UP cite plus side of the Tidewater  Virginia




roj L.;tj \-,  'ji->,itrGl ledger, much has been  done,  beginning




.5=  arSy "i ':• I -'47 t;o offset the pollutional  effect of a




populat, i -..;;  which na <-* more than doubled and  the remarkaole growth




<-><~ stiij .in'i i-i-ito ; !;o area and rapid  industrialization of it.




Ocoano .ra.vv,-  of the area h- s been of great  significance.




Vvatcr  r.aii'iitv  i'-, much of the area receiving  District




discharges  and  those others we do not handle  is substantially




tnc same cis in  the ocean waters which they  immediately




adjoir;.  This effect" of the nearby ocean plus deep channels,




strong  currents,  unrestricted entrances  and strong mixing




patterns,  ^rovide a most favorable environment to receive




reasonable  quantities of oxygen demand and  suspended solids.




/inu her' of  course by methods we know today we cannot get




rid of ali  of it no matter what we do, we  still have some




residnal tj-at. we have to let the stream  help  us with.




Bacterial  rogrowth after chlorination is strongly attentuated




auJ i P. -nany ocner 'ways we see no effect  by  physical,  chemical




and bacter: '-'logical characteristics  of effluents that would




I  ar;  fr 4:vc  lo admit be under conditions  of  many head water

-------
                       -40-




sLraams that are free flowing fresh flowing streams almost




intolerable.




           There are, in my opinion, definite current




information needs other than the limited amount of in-




formation that has been obtained for shellfish purposes.




I do not recall any  intensive survey or any survey of




consequence to develop  facts since the Crohurst Survey




in 1934 in an area of this consequence and this importance




I think that is not  in Keeping with the needs of the




situation.  Almost no comprehensive information exists




as to these important waters to define vhat pollution




occurs in them or where it comes from.  May I suggest a




first priority effort jointly between all of the local




governments and agencies involved in wastes collection




or disposal and state and federal regulatory bodies to




determine the projected effect which continued growth and




industrialization will have on these waters; the present




quality of these area waters; what is the pollution load




by shipping; where there are no logging of records that




show you how many people what effect might be under any




given set of circumstances.   I do not believe even that the




little bit. of shellfish bacteriological work that gets done




has a record to go with it of how many people are on ships

-------
                        -41-




in the area at the time that work is done.  We need an




overall time to know what our facts are and what they nee'd;




what is the pollution load by shipping; where, when and to




what degree does raw sewage overflow from the some 450




pumping stations in the area or from the systems which they"




serve; what is the present and projected effect of nutrient




pollution and what needs exist to accomplish the practicable




upgrading of these waters to assure their continuing




reasonable and constructive use.




           In summary,  I would hope that all of us who




share a deep concern for the preservation and highest




and best uses of these estuarine waters with which we are




blessed should,  with due recognition of the limits of




funds and capability available to us,  carefully evaluate




the total situation which exists and place priorities on




those things to which our problems most closely relate.




           Mr. Chairman I apologize for taking so much of




your time at this meeting and thank you for the opportunity




to present this  statement.




           GARDNER:  Do members of the panel have any




questions from Mr. Miller?

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                        -42-

            R. V. DAVIS:  Just a comment or two.  I think

 he pointed out the problems in this area very well and

 stated them better than I could state it.  Two comments I

 would like to make in regard to the boat conditions.  I

 would like to point out the Board has held the responsibility

 of coming up with rules and regulations to control water

 pollution.  This law became effective October 1st of this

 year and during the past several months a Board staff has

 been busy collecting information insofar as what all the

 states are doing and what the federal government has been

 considering insofar as federal legislation along this line.

            One of the problems we face in developing control of
 boat
/pollution from present craft is the interstate traffic.  If
                                 which should be
 we adopt regulations here in Virginia/applicable to boats

 coming from Maryland or North Carolina,  but this is the

 consideration which is now before the Board,the adoption of

 these rules and regulations.   We have had several state

 agencies to consider this and we are no where near the

 point of making a recommendation to the Board.  Hopefully

 in the lext six to eight months we hope to be in this

 position but we are not real sure.   As Frank Miller has

 pointed out there are no suitable devices to control this

 that have been acceptable to date.

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                         -43-




           The other point  I would  like  to make has  to




do with  the  nutrient*    of Richmond as the Eastern Branch




of the Elizabeth River and  the Lynnhaven water fill.  They




have been studied by the staff and  considered by the Board




in the past.  It will be before the Board at it's meeting




tomorrow for further consideration.




           E. C. MEREDITH:  I think Mr. Miller has pointed




up the principal reasons why the bulk of the shellfish




growing areas in this area  are condemned.  That wasn't




really the point I wanted to make.  I wanted to comment a




bit on this marina situation.  Mr.  Bagley mentioned  that the




last assembly enacted a  bill which  gave the State Health




Department the responsibility of coming up with rules  and




regulations that would govern the disposal of waste  at the




marinas, not waste from  the boats themselves but at  the




marinas.  We are in the  process of  working up rules  and




regulations or proposal  that would  cover this particular




matter and I am very hopeful that before too long you will




see some of the on shore facilities that Mr. Miller mentioned




being so much needed.




           GARDNER:  Are there other questions from the




panel?  If not I have one I would like to ask Mr. Miller.




You did identify many of the estuarine pollution problems

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                           -44-




I wonder if you have any ideas as to where the management




responsibility might lie, would it be local, state or




combination, federal or a combination of federal, state




and local?




           MILLER:  It is necessary cooperative at all




levels.  I don't think there is any escape from that.




It has to include those of us who are directly and locally




responsible to be effective.  I would believe that it best




be done by - I don't like the word committee - but a grouping




of these efforts at top level implemented at where it was




most practical to carry on the field activity.  I feel




very strongly personally in the capability of the State




Water Control Board both based on the accomplishments they




have had since 1949 and what I think they can do to take




care of this job in an adequate way.  I don't, however,




take away at all the effective place which the federal




agency can have,  particularly in areas where federal and




local agencies are involved.




           GARDNER:  Do you have any feeling with regard




to zoning.   For example you mentioned landfilling,  encroaching




upon the estuarine waters,  do you think zoning might be a




method of overcoming some of this?




           MILLER:  No, I think the water resources body

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                         -45-

must be organized at a top level which will take in al"

of these factors.  It is i^ my opinion pointless for those

of us who are concerned perhaps just with sewerage disposal,

waste disposal to go our independent way of those who are

using water which may be restricted channels that was

discharged so I think you have to have an overall body to

consider all factors.

           GARDNER:  In other words a combination of water

quality and man use plan?

           MILLER:  That's right.

           GARDNER:  Do you have any feeling as to the use
                                      in
of physical and/or nthMMtLcal' models/assisting and evaluating

those treatment needs?

           MILLER:  There are greater systems,  there is no

question about that and I with everyone else here is hopeful

that this Chesapeake Bay model will shed a great deal of light

on our problems here.  I believe however that we need cer-

tainly in conjunction with that,  if not a continuing,  at least

a reasonably frequent intensive effort to determine what the

situation is from all aspects and to be guided by it.   This

I think we have had very little.

           GARDNER:  Thank you Mr.  Miller.   I call upon at

this time Mr. Maurice Thorn from the Westmoreland County

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                              -46-



Planninq Commission.  Mr. Thorn.




           MAURICE /i. THORN:  Mr. Chairman  and  members  of




the panel, ladies, and gentlemen my name  is Maurice A.  Thorn.




I'm from Westmoreland County in the northern  neck  of  Virghia,




and represent the Westmoreland Planning Commission.   There




are many, r'lany serious problems concerning  the  Chesapeake




Bay area. It is hardly possible however tnat  any person




in Uis room ran question that pollution is  the  most immediate




and potential threat to the entire Chesapeake Bay  and its




estuaries.  There are of course many types  of problems.




At this time human waste was causing the  greatest  concern




as large areas have already been made unsafe  for practically




any human use.  There seeror, to be no likelihood of the




abatement of this in the near luture, but the sewage  problem




is be.inqcj.ven serious attention.




           There are still areas in the estuarine  zone  that are




relatively clean but these areas are now  being  threatened




seriously by the proposed location of a petroleum  refinery




or refineries with the certainty that there will be oil




spills of varying magnitude.  The assistant commissioner




for Environmental Health Services of Maryland  State Depart-




ment of Health,  Mr.  James B. Colter says  "The accidental

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                        -47-




 spillage or careless discharge of  large quantities of  oil




 or other hazardous  substances into Chesapeake Bay could




 have widespread catastrophic consequences.  Should a large




 tanker rupture or in some way spill it's cargo  into the




 Chesapeake at this  time, the damage to property and wild-




 life would be enormous beyond calculations because we  are




 not prepared to cope with the situation."  Mr.  Russell Crane




 President of the Conservation Foundation and Chairman  of




 the Board Potomac Basin says "We really do not  know how to




 prevent spills or how to clean up  after they occur and we




 also don't know much about the degree and duration of




 ecological damage from such spills."




            The Assistant Secretary of Interior,Mr. Max




 Edwards said "Oil is the life guard of our modern industrial




 society.  It fuels machines and lubricates the wheels  of the




world's production but when that vital resource is out of




control it can destroy marine life and devastate the en-




vironment and economy of an entire region.   The plain facts




are that the technology of oil,  it's expansion,  it's trans-




port,  it's refinery and use has out paced laws to control




that technology and prevent oil from polluting the environ-




ment . "




            Oil  pollution,  a report to the present Congress and a




special study conducted by the Secretary of the Interior

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                         -48-




and  Secretary of Transportation issued February 1968




is a publication that adds emphasis to the danger of oil




spills and consequent pollution.  I could quote many other




authorities.  Their evidence adds up to this, oil spills




cannot be prevented.  No techniques are presently known




for  successfully containing oil spills or cleaning them




up after they have occurred.  The Chesapeake Estuarine Zone




must be used for marine transportation, that is absolutely




recognized.  Under no circumstances however should more




crude oil be allowed to pass through the entrance to




Chesapeake Bay.




             AT Saint Mary's College,  Maryland, The Potomac




River Citizens Committee and numerous other organizations




concur in  ex-governor Carr's proposal that there should be




a regional approach to the problem of developing a sound




policy and control of the Chesapeake Bay and its estuaries.




It is to be hoped that the water resources agencies of Mary-




land and Virginia and the Federal Wter Pollution Control




Administration will not become convinced that oil spills




can be prevented,successfully contained or cleaned up after




they have occurred.

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                           -49-




            Now for  another type of pollution I have




here  a  letter  and  statement from the Chairman,  Mr.  W.  C.




Garrett of  the Tidewater  Soil  and Water Conservation




District*of the Virginia  Association of Soil and Water




  Conservation Districts   which he  asked me to present for




the record.  Mr. Garrett  describes some of  the problems




and consequences of  shore and  river bank erosion.   He




points out  that  erosion of  valuable   shore  front




occurs annually  causing considerable financial loss.




The public  interest  is involved  as eroded material  causes




siltation in all waterways which adversely  affects  fish




and wildlife,  reduces recreational potential  and makes




expensive dredging necessary in  order  to keep navigational




channels open.




            Mr.  Garrett further  states  that State legislation




is needed to protect individuals  and communities and since




the public  interest  is involved,  he advocates   some  form




of cost sharing  should be  adopted.




            Would you kindly include the statement  of the




Tidewater Soil and Water Conservation District  in the record




of this hearing.  Thank you very  much.

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                          -50-




             Statement  of the Tidwwater  Soil  and Water




 Conservation District,  Bowlers Wharf, Virginia.




             Estuarine  Values and  Problems.




             Eastern Virginia with its many hundreds  of




 miles  of  shore  line is directly exposed to all the hazards




 which  contribute  to erosion and sedimentation.  The  irregular




 coast  line  is made up  of many rivers, bays,  creeks,  inlets,




 and  estuaries.  The erosion taking place is  aggravated by




 winds  and accompanying storms, fluctuating tides, ice, and




 debris.   Many records  on file indicate  that  this problem




 is not a  new one.  Augustine Washington stated upon  building




 his  house in Westmoreland County  some 200 years ago  that the




 Potomac will one  day reach the house.   Today the foundation




 is falling  into the river.  The isthmus connecting Jamestown




 Island to the mainland has long since washed away.   The




 first  landing site and the site of the  original fort have




 disappeared into  the James.  The  Yorktown Surrender  Grounds




 have lost over 125 feet to the York River.




             The problem of river bank and shore erosion con-




 tinues to accelerate with two major losses resulting: (one)




 the  loss  of our most valuable land along  the tidal waterways.




 Some properties have lost as much  as 20 feet in one  storm.




The  annual  loss is estimated between two  and three feet.

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                        -51-




 (Two) the sediment and  silt resulting  from this  erosion




 are muddying our waters, closing many  streams, adversely




 affecting fish and wildlife, reducing  our recreation  po-




 tential, and last but not least, causing a never ending




 dredging operation which costs millions of dollars annually




 just to keep the silt pumped out for safe navigation.




            The population along all our waterways is




 increasing annually, therefore, the loss of our valuable




 property becomes a concern of more and more people.




 Hundreds of farms are being developed  annually by cor-




 porations who show little concern for  river bank erosion.




 These waterfront lots are sold; expensive homes are built




 with the owner suddenly realizing that his investment is




 being slowly washed into the river.




            As a member of the Shore Erosion Committee with the




 National Association of Soil and Water Conservation Dis-




 tricts, we have long been interested in an approach to a




 solution to this widespread problem.  We who have lived along




 these waterways have not only observed the pollution and




 loss from erosion, but we have actually experienced it.  Many




 millions of dollars have been spent by property owners trying




 to stop or even slow down this continuous loss.  Most of




these efforts have been of no avail.  Most of the structures




 have been poorly  conceived,  improperly built,  or constructed

-------
                           -52-




of  inferior material.  Some few have succeeded but  it  is  still




hazardous  from  an  individual's approach, which involves




just a hundred  or  so feet.




            We  feel that an approach to this problem should




be  undertaken as a community or group organization  along  a




natural physiographical unit of shore line rather than to




short reaches defined by individual property lines.  We




further feel that  some form of cost sharing with these




communities eould  and should be considered.  Such a plan




could well be patterned after Public Law 566.  The  sponsor




of  such a project  should be a political subdivision of the




State.




            The time for an action program is late.  We can




ill afford to lose any more of our valuable property or




allow our waterways to become silted to the extent  of




jeopardizing the future uses.  The problem cannot and will




not solve itself.  Only by many groups,  agencies, and in-




dividuals working  together towards a common goal can we




expect to protect  and conserve one of our most valuable




natural resources.




            HARGIS:  Thank you Mr. Thorn does any member




of the panel have  any questions or comments relative to




Mr.  Thorn's statement?

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                       -53-

            JOHN R. ANDERSON,  State  Ports Authority:A Study

   has recently been (gonducted by the Department  of

Transportation and I don't know  if everyone  is aware  of

it, on the Torry Canyon  in which the Coast Guard has con-

ducted an actual experiment that contained oil  spills

and this has  been done throughout the United States.

I  don't  know  if the results of this  study have been completed.

yet but  they  should be complete  sometime this year.

            HARGIS:  Are there any other questions or

comments?  Thank you Mr. Thorn.  At  this time I would  like

to recognize  Honorable Walter  B. Fiddler, Delegate from

Warsaw in the Northern Neck area.  Mr. Fiddler would you

like to make  a comment?

            FIDDLER:   (Will give statement later.)

            JOHN JOSEPH BEECHER; who represents the Norfolk

Chapter of the Isaac Walton League.  I would like to make

a brief statement.  Mr. Chairman, ladies and gentlemen

of the panel  and ladies and gentlemen of the audience.
              a co-
I happen to be/Chairman of the Norfolk Chapter of the Isaac

Walton League and we are very  interested in this estuarine

problem.   Now go back  a few moments - take a few moments

of your time  to tell .that I have been engaged in this water

-------
                       -54-

 pollution  and associated problems  for many years,  and  3

 also  say by  experience I have some knowledge,by technical

 education  very  little,but by education by experience-  -  -

 you don't  run out of  things you run out of ideas.   I think
                      Mr. Kingera,
 that  was one thing -  -/he had about 4000 patents in the

 patent office at the  time he died.  A great many of them

 were  used  successfully.  He always said you run out of ideas

 rather than  run out. o± things,  I tnink of that in  the case

 of ideas and thoughts such as the problems we have.  Let me

 speak of one thing before I go back to the other.   I think

 the questions of zoning is very essential to the use of

 our stream.  For years we have tried in Norfolk to  get the

 Planning Commission to consider zoning, consider water

 planning,  the uses of the stream as much as we consider

 planning of  streets or traffic because the streams  are

 alraad/ so  crowded basically.  We have given a lot of time

 to the location of gas stations, pool rooms and associated

 minute problems but the problems of streams is just as

 essential.  May I say this,  I have been engaged in  this

 water pollution thing for some years.   It is my happy

 privilege  to go back to be associated with Honorable A.

 Willis Robertson in 1930 when he formed the Virginia

Cooperative Committee of Stream Pollution.  We had  many

 meetings.  Some meetings here at  the Chamberlain but oxit

-------
                         -55-




of  the growth of that Cooperative Committee on Stream




Pollution we had an  interest especially in the Hampton




Roads circuit.  I happened to be Vice-chairman of the




original commission, that is before the effective body




which Mr. Miller represents and which hp spoke to all this




morning.    We  led in all of the effort that was necessary




both legislative in getting referendum passed in doing all




the things necessary to  form the Hampton Roads Sanitation




Commission and Mr. James F. D        of Hampton was our




first Chairman and prior to that on the Cooperative Com-




mittee on Stream Pollution was Mr. Richard Armstrong, also




of Hampton.  So it was in this hotel in 1934 or 1935 that




we had a meeting with Secretary Aikes and some others,  they




had no official capacity but they led with their effort




towards doing something about pollution.  At various times




we have undertaken we don't think the question of stream




pollution has been solved either by the Hampton Roads




Sanitation Commission,  we believe there are other things




which it can do, and we do hope and sincerely solicit the




activity of this commission because we do think they are




aware of the dangerous problems.  Mr.  Miller mentioned some




of it like the spoil disposal area.   They reduce the ability




of streams.   We left with some degree of subrogation on

-------
                           -56-




   the enlarging of the disposal area of Spring Island.




   You take that out of the stream and reduce its ability




   to go back and forth, we have in the vicinity of this




   hotel a very wonderful project the Hampton Roads Bridge




   Tunnel but we were a little bit worried when they extended




   the fill from Hampton instead of building a pressure wall.




   We were also worried about the effect on our streams by




   the location of the tunnel in Chesapeake Bay.  We thought




   it should be about ten or fifteen feet deeper in the channel




   area than it is.   There are various things I think we have




   to give our attention to but we know that the question that




   pollution was slushing back and forth when we look out here




   through the window and see this tremendous territory of




   water of Hampton  Roads and know that it has five - about




   five different areas of pollution,  we know that it is some-




   thing real.  I wish to tahnk you for allowing me to make




   this statement and the Norfolk Chapter of the Isaac Walton




   League haa a continuous interest in pollution,  we have other




   chapters in the area which are just as interested as we are.




'   We look upon the  division of the Hampton Roads  Sanitation




   Commission  for communities allowed  to adopt an  escapfe hatch




   and get out of the commission,  we look at that  with great

-------
                        -57-

apprehension.  In the legislative time or the activity that

went to form the employment act commission as a practical

matter they had to allow communities, we had to provide

legislation so the communities could use the escape hatch

because we were afraid we made it to ridld and including

everybody maybe it would break up the district.  Like the

City of Portsmouth is not in the Hampton Roads Sanitation

District, it is geography but it is not actually and has

old treatment there and we think it is quite ineffective

and it falls under the laws to meet the standards of the

Hampton Roads Sanitation Commission but from my experience

on the water and otherwise, it comes far from meeting that

and so we do think that the whole thing - the pollution

courses may be most in our thought but this estuarine pollu-
                             a
tion is - estuarine study is/very big study and I thin>, we

should do everything to make it succeed and every contribu-

tion we could make to it we are very happy to add to it,

and I do thank you.

            HARGIS:  Thank you Mr. Beecher.  Are there any

questions or comments from the panel?  Thank you very much.

At this time I would like to ask the Norfolk District Colonel

Adams to come up.

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                         -58-




             C. E. ADAMS, JR.,  Dr.  Hargis,  members of the




 panel I have given the reporter a  copy of the comments I




 will make.




             I appreciate the opportunity to be able to




 participate in the hearing today in connection with the




 study of the clean water restoration act of 1966.  The




 Norfolk District of the Corps  of Engineers of the United




 States Army is fully aware of  the  value of our estuaries




 and estuarine areas .   We are  vitally interested in the




 study of pollution problems involving all  of these areas




 in the Commonwealth of Virginia which coincide with district




 boundaries.   We believe it to  be incumbent on all federal,




 state, and private agencies to work together to the end




that conservation receives its full  share of consideration in




 the development of our natural resources.   This is particularly




 true of our estuarine areas.  I might add  that the District




 Engineer of the Baltimore District has requested me to re-




 present him at this hearing because of his interest in the




 upper Chesapeake Bay area.   The Baltimore  District made a




 presentation at a similar hearing  at Annapolis on the  30th




 of October of this year.   That statement included a full




 discussion of the scope of the congressionally authorized




 Chesapeake Bay study which is  being accomplished by the

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                        -59-




Baltimore District, and as a result I will not dwell at




any length on that Chesapeake Bay study.




            Now the Corps of Engineers has the responsibility




under federal law for the development of water resources




projects for navigation, flood control, drainage, shore




protection, and hurricane protection, as well as other




associated purposes.  We are also charged with the preserva-




tion and protection of navigable waters and the public




rights thereto.  The Corps of Engineers is a service




organization.  Now in this capacity the Corps investigates and




studies projects requested by local interests through their




duly elected representatives in Congress.  Projects found




to be economically justified and physically feasible, become




eligible for construction under various congressional




authorities,  subject to compliance by the local interests




with the terms of cooperation which may require a cash




contribution, furnishing of necessary spoil disposal areas




including retaining levees and spillways, or the furnishing




of lands, or rights-of-way,  easements,  or whatever other




items necessary for the project development.




            Now there are sixty-five active navigation pro-




jects in the Norfolk District involving some 700 miles of




waterways.  Of this mileage, a total of  167 miles has



been physically dredged, at  one  time or  another.  Project

-------
                          -60-




channels having depths from 30 to 45 feet serve the ports




of Norfolk, Newport News, Portsmouth and Chesapeake.  A




project channel with a depth of 42 feet extends through




the Chesapeake Bay to the port of Baltimore, Maryland.




Other channels have lesser depths down to a minimum of




four feet.  In additin to the 700 miles of waterway on




which improvements have been made, there are a number of




other waterways within Tidewater Virginia on which no




improvements have been made and which serve navigation




in their natural state.




            Historically, our waterways were our first




and only avenues of conanunication and commerce.  Even '.oday,




our larger and more improved waterways continue to serve the




nation in the very important and essential field of low




cost water transport.  It was only in the latter part :>f the




19th century that we began to recognize our waterways as a




valuable fish and wildlife habitat, and even later, in the




early part of the 20th century,  before we began to realize




and appreciate the recreational potential of our numer )us




natural waterways.  Today,  there are many diversified, and




sometimes conflicting uses being made of our waterways.

-------

-------
                       -61-




Aside  from  their  use  for transportation,  many  are  used




for  the commercial production of  fish and shellfish,  and  a




host of recreational  uses including  fishing, boating,




swimming, skiing, and other water-oriented sports.  In




addition, various industrial uses have gradually come into




being.  These include serving as  sourves  of water  for




cooling power station condensers, both conventional and




nuclear power, as carriers of effluent from sewage treatment




plants, for washing of commercial products and many similar




purposes.




            Planning  by the Corps of Engineers for navigation




projects in the Norfolk District includes consideration of such




matters as layout of  channels and structures; the effect of




the proposed changes  of shoaling patterns, circulation,  the




tidal prism, salinity, and marine life and other environmental




factors to minimize damage to or to enhance the value of




estuarine areas.   Inevitably,  in some cases conflicts arise




between interests favoring a waterway improvement and interests




who believe that the  improvement will damage the marine en-




vironment.  These conflicts may be generated but when the pro-




posed channels conflict with valuable shellfish grounds  or




fish spawning areas — or when dredge disposal areas have a

-------
                       -62-




potential for damaging such areas as adjacent rich




marsh areas.  Questions way be raised as to whether




shore disposal destroys valuable wildlife habitat, or




whether turbidity created by dredging alone interfers




with the spawning of fish.




            In conducting our dredging operations, we make




every effort to follow the recommendations of the cognizant




conservation and anti-pollution interests with respect to




timing of dredging operations, location of disposal areas,




and the method of disposal.  In some cases, for physical as




well as economical reasons, the optimum objectives cannot




always be met.  As may be understood readily,  the cost of




a dredging project will increase greatly if the material must




be pumped long distances or transported to a distant dis-




posal area by scow or hopper dredge.  An alternative that




must be considered is the possibility of depositing the




material in closer open waters.  In such cases,  it is




necessary to carefully weigh the actual need for the dredging




against the potential adverse effects on the marine environ-




ment.

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                           -63-




            In  connection with our  dredging  projects,  at




t!ie beginning  of each year we submit  to  the FWPCA  in




Charlottesville, also to the U.S.  Fish and  Wildlife Ser-




vice  in Atlanta, and initially to  the Virginia Institute




of Marine Science, our complete program  for the coining




year.  This includes the location  of the dredging, quantities




of material to be removed, and proposed  disposal areas.  Any




comments that  may be received are  given  every consideration




before the work: is undertaken.




           One of the major activities of the Norfolk Dis-




trict in connection with the reduction and  prevention of




pollution of estuaries is  the district engineer's  function




by congressional direction as supervisor of the harbor of




Hampton Roads.  For this purpose,  the law defines  Hampton




Roads as consisting of all tidal waters of Virginia tributary




to Chesapeake Bay and the Atlantic Ocean.  As you  can see,




this is a very large area reaching well up  towards the




Washington, D. C. area.  And the program is conducted through




an intensive education and information effort to make all




appropriate local interests aware of the laws and  regulations




regarding pollution and the importance to the entire com-




munity of strict adherence to them.  The harmful effects of

-------
                           -64-




 oil  pollution  on  recreation,  fishing and  conservation  are




 vividly  illustrated by photographs of oil-soaked bathers,




 beaches, boats, fish and various waterfowl.




             In order to detect and stop violations of




 federal  river  and harbor laws concerning  harmful deposits




 into the water, in my responsibility as supervisor of  the




 harbor,  we operate comprehensive patrols  of waterways




 and  shorelines.   We use aircraft, boats and automobiles.




 Any  violations noted during these patrols are thoroughly




 investigated and, depending upon the circumstances of  each




 case, appropriate action is taken to correct the situation.




 Action may range  from a warning letter to action in a  federal




 court.




            Now another area that receives close attention




 in connection with pollution abatement is dredging and




 related waterfront construction activities.  Whether the




work is performed by the Corps of Engineers or ander permit,




 the plans are carefully examined to ensure that all necessary




precautions are taken to prevent any pollution.   Overboard




discharge of dredged material is not permitted except in




areas where experience has shown that no harmful effects




will result.  Permits for dredging and filling are not

-------
                         -65-




granted until a determination has been made that no




undesirable effects will result.  These activities are




coordinated with cognizant federal and state agencies.




After a permit is granted, corps of engineers inspectors




make regular checks to ensure that all operations are con-




ducted in accordance with the terms of the permit.




            I was asked to consider the administrative




and technical opportunities for future estuarine management




and research needs.  While I cannot be specific, it appaars




to me that we do need to broaden our knowledge of marine




ecology, the life cycle of various marine animals and




organisms, and the cause and effect of various environmental




changes.  In some of these fields I suspect that we do not




know enough to provide proper management procedures.   For




instance,  I understand that the Spanish mackeral was the




most prominent species of fish in Chesapeake Bay in the




latter part of the 19th century.  Later on this was gradually




supplanted by the croaker,  and today I understand that it is




the spot.   In 1929, eel grass which covered large areas of




the Chesapeake Bay began to die out and disappear.  Today,




I understand it is beginning to reappear.   Within recent

-------
                        -66-




years we have witnessed the tremendous destruction wroucht




on the oyster industry by the MSX infestation.  We also




witnessed v/ide fluctuations in our Chesapeake Bay crab




population, which I have been told is not related to fishery




effort.  It appears to me that further research effort is




needed in all of these areas before we can devise proper




management techniques   or be in a position to determine




beforehand the effect of proposed changes in environmental




conditions.




            In managing our estuaries it is imperative that




navigation channels be maintained and/or modified and that




additional channels be provided when careful consideration




of all factors involved shows that such channels are warranted.




To this end,  the Corps of Engineers endorses a program of




estuarine management by the state and/or federal government




which maintains a wise and proper balance between develop-




ment and conservation.




            In furtherance of this position,  the Corps has




established as one of its research objectives the determina-




tion and establishment of guidelines and criteria for




evaluating the effects of construction and operation of

-------
                        -67-




Corps facilities and improvements upon nationally important




economic, recreational, and aesthetic resources of estuaries.




The biological productivity of coastal waters of the United




States for fish and wildlife is dependent in large part




upon the estuaries and adjacent aquatic sites as nursery




and feeding grounds.  This transition zone between the land




and the sea is sustained in a productive pattern by runoff




from the land and intermittent encroachment by the sea.




The construction of engineering works that affect the fresh




water discharges from the land or interfere with established




marine environments may have substantial effects upon the




resources of the area,  some beneficial and others detrimental.




Inland reservoirs and canalization for flood control, fbodway




construction and operation, navigation harbor and channel




dredging and spoil disposal, hurricane barriers, salinity




barriers, and beach and inlet improvements all have a bearing




upon the environment in coastal waters.   These effects are




obscure and may have opposite short-range and long-range




effects.   The objectives of the corps is to progressively




clarify the effects of the civil works program in this area




and to determine requirements for protection and improvements

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                      -68-




of the environment and its resources.  The limited nature




of the estuarine environment and the rapidity of encroach-




ment by economic development in these waters by both public




and private interests make it imperative that measures be




taken promptly to prevent despoilment of these national




resources.




            Thank you again for the opportunity to present the




views of the Norfolk and Baltimore Districts at this meeting.




            HARGIS:  Thank you Colonel Adams .  I wonder




if the panel would have any questions or comments to ask




the Colonel at this time?  I would like to comment here




Colonel Adams in working with the Corps we have on some




of these problems,  we have enjoyed a very good relationship.




I hope it will be possible for us to persuade your supericirsr




in the Congress to put up money for the Chesapeake Bay model




which some of us regard as a major tool of estuarine manage-




ment of considerable importance.  Having taken one of the




prerogatives of a temporary chairman and interjected my




own opinion I would like to at this time ask Honorable




WaltMer B. Fidler if he would come and give us the benefit




of some of his thoughts.   Delegate Fidler was Chairman of




the Marine Resource Study Commission of which Delegate




Bagley spoke and he is along with Delegate Bag ley a

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                         -69-




member of the Committee on Chesapeake as tributaries of




the House of Delegates.  Both are highly interested in




estuarine problems.




            WALTBER B. FIDLER:  Dr. Hargis, members of




the panel, ladies and gentlemen, these are very rough




notes I have made here and they are a little on the blunt




side and jerky, but they are not designed to be offensive.




They are designed to graphically call our attention to




some of the problems that we have without in every instance




being able to suggest a solution.  Virginia for a number of




years now has thocufjiactivities of its water control board




done a very good job in reducing existing sources of pollu-




tion and minimizing additional pollution sources through




it's certification program, at very, very little expense




to the taxpayers of the state.  In the meantime however




pollution pressures from all directions have become a great




deal heavy.  Industries have expanded and new ones have




located on the same streams.  Populations of urban centers




have increased many folds and sewage handling and treating




systems have simply not kept pace with this peak in growth.




Boating,  swimming and other recreational uses of our




streams have increased beyond our fondest projections.



During these same years the type of pollution have become

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                        -70-

more sophisticated and the ability of the State to detect

and to find them and their effect on our estuaries again

has not kept pace.  During the past fifteen or twenty years

we have seen an unprecedented development and use of what

1 call the generalized polluters, namely insecticides,
            and
herbicides,/pesticides with very little knowledge of their

total impact on the estuarine environment.  In recent

years much of this stepped up man made activity has also

resulted in some major physical changes in the estuarine

areas.  Dredging,  filling and draining of marsh and wetland

areas have increased at an unprecedented pace.  Probably

the greatest single desecrator of our wetlands is the

federal government itself and especially through the activities

of the U.  S. Army Corps of Engineers.  They have long used

our wetlands as their major areas for the deposit of spoils

from their dredging operations.  They are still doing so

today.  Many of you remember recently the sort of drawn out

controversy we had over dredging the James River.   One of

the most amusing paragraphs in the Corps of Engineers report

to me on that dredging project was that they were going to

use - I have forgotten now the number - but something like

two or three thousand acres of unproductive marsh land

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                      -71-




as spoil areas  and make it worthwhile land.  Siltation




along the coastal regions of the east coast has been the.




sign of persistent destroyer of the usefulness of hundreds




of miles of our once navigable waterways.  The more intense




and widespread the construction effort on our highland the




more siltation problems we generate for our streams.  In




our own state often unwillingly our own department of high-




ways througn its activities is a major contributor.  Water




front erosion is one area in which we are just beginning




to make some worthwhile strides.  About three years ago




an employee of Soil conservation Service was assigned to




my counties on the northern neck specifically to waterfront




erosion work.  This was a first in the nation and was




achieved only after several years of determination by a




few people in my own area who were so keenly aware of the




need.  The work in that area has been beneficial and has




brought many good results,  not the least of which is a




public awareness that there is someone to go to - I'm




taMng about my area now for sound advice before spending




one's own money on waterfront erosion control products.

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                      -72-




To make the point more timely this past Monday and Tuesday




literally thousands of tons of earth were washed into our




estuaries and coastal waters along the Atlantic Coast a's




a result of the storm.  This is a problem for all of us




including the inland dweller as well and all of us should




participate in its control.  Incidently since last Monday




and Tuesday I spent one afternoon looking at some of the




waterfront control projects that individuals had put in




in their area under the direction of this man I referred




to a while ago, and they have held up remarkably well -




remarkably well.  The fact is I didn't see but one that




suffered any material damage at all.  Now I saw hundreds




of others that did but the record up there and this is just




a one man operation you must understand,  has been very good,




even in a severe storm.   The public generally has become




more keenly aware of the devastating dangers to the estuarine




environment gping out of petroleum handling installations




then ever before in our history.   This awareness has not




come too soon.  The problems related to it are complex.




The solutions are not always readily apparent but one thing




is certain,  the estuarine areas have a greater stake in




its proper management then we ever before imagined.   On

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                         -73-




many scores we know a great deal more about the moon




and outerspace then we know about our own continental




shelf just off our shores.  Research and education must




be one ot our main areas of thrust.  Work in marine science




and oceanography must be expanded at a greatly stepped up




pace.  Hydraulic models of bays and tributaries are a




most useful tool and should be funded more promptly.




During the 1968 session and here I think Dick Bagley has




mentioned some of these things and I suspect he has mentioned




the ones I have here, during the 1968 session of the




General Assembly of Virginia several constructive steps




were taken which may turn out as far as Virginia is con-




cerned to be landmarks of progress on the State level in




these areas we are concerned with today.  (1) we funded a




two year budget for the State Water control Board which




was almost exactly double the preceding two year budget.




(2) we gave the Water Control Board specific authority




control by regulation to discharge of sewage and other




waste from boats and vessels on all waters of the State




including the authority to prescribe types of equipment




that can be used to make it uniform along the Atlantic




Coast.   (3) v;e gave the State Health Department specific

-------
                     -74-

authority over sewage and waste disposal  facilities  at

marinas and other places where boats congregate  so that

niininuim requirements will be related to the number of

boats and people to be accommodated.   (4)  We have adapted

a new criminal statute - statewide application prohibiting

the throwing or casting and this may borne as a shock to

some of you, we didn't have a State law that was adaptable

all across the state prohibiting the throwing of trash,

garbage, or debris of any kind in the waters of Virginia.

Wo adopted such a Statewide statute for the first time.

(5)  V.'e directed Virginia Institute of Marine Science

and funded the program by the way, to make a study of all

marshes and wetlands in Virginia and to assess  their

relative importance to the marine resources in the State.

I don't know how we are going to make out with that  study

and this is no time to be asking Dr. Hargis but to me that

is one of 'che most important things we did because one of

the problems in Virginia and I suspect it is applicable in

other states is while we knew we had vast areas of marsh»s

and we knew from a surveying standpoint where they wers,
                                  of
we also know that marshes are not/uniform value to the

estuarine environment and there are many marshes that

-------
                       -75-




much more valuable than many other marshes.  Now what we




are trying to drive at here in Virginia is to learn which




of the marshes are most important and must be preserved




under nearly all circumstances-  Now we will need that




knowledge before we can take any further steps in doing




something about it.  Before making several suggestions of




our own as to some concrete steps that might be taken




to cope with some of the problems allow me to make several




observations.  First, municipal and industrial pollution




has been allowed to grow out of all proportions in thit-




country.  Second,  a more determined and sustained effort




must be made on both the federal and state level to ever




curb it.  Third, starting from where we are the direct parts




from whatever source they come is simply staggered.  Fourth,




reckless,  irrational enforcement edicts can cause self de-




feating economic chaos.  Fifth, on the other hand we face




irreparable damage to the estuarine environment unless a




gigantic effort is undertaken and make no mistake about it




our population centers and our industries will drag their




feet if permitted to do so.  We must make this turn in the




road and exert every reasonable pressure available to us.

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                     -76-




Now another observation by way of caution.  There are




too many studies, agencies, boards and commissions




addressing themselves to the estuarine problem and  I'm




not referring specifically to the federal government any




more than I am to the state.  We are not now getting




proper coordination and there is still excessive over-




lapping.  It is also an area that lends itself to make




work approaches and a vast amount of both public and private




funds will be wasted if we aren't eareful.  There are some




projects going forward today that are frightening,  unrebted




to pri>r work in the field and in some instances are being




carried on by private corporations organized solely for




the purpose of taking advantage of public grants,   in




areas in which they had no particular qualifications,




experience or expertise  whatever.  I may divert just a




moment there,  a year or so ago I had an experience with




one of these newly formed corporations operating on the




federal grant.   I never did spend as disgusting day or two




in my life as I spent with them.  Their sole ambition was




to get this useless report in on time in order to meet




the requirements to get the first and second payments on

-------

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                       -77-




the grant.  They didn't know anything about what they were




doing and I wasn't in a position to help them.  Now here




follows several suggestions.   (1) Waterfront erosion




engineers should be trained and assigned to the coastal




region as rapidly as funds permit.  (2)  Incentive matching




funds should be made available to private waterfront property




owners.  I'm not talking about public waterfront owners




now, I'n calking about private, whether individual or




corporations or whoever it is, for waterfront erosion control




projects when performed on prior approved plans, either




stace or federal funds could be used and the ratio to




private investment does not need to be large in my opinion




to reach the desired result.  (3) water pollution control




should continue to be actually administered on state level.




At the state level they know or will know in future years




the problem better and will know the capability for correction




better in a given locality.  In addition to that they are




more efficient.  (4)  The  hydraulic model of Chesapeake Bay




should be constructed as promptly as possible.  (5) Valuable




marshes and wetlands  should be forthwith declared off limits




to all federal and state agencies for use as spoil areas




no matter who owns or offers them for such purpose and no

-------

-------
                       -78-


matter how inconvenient the alternative is and the only

way I know that can be accomplished is by congressional

acts but it ought to be done.  More funds are needed on both

the state and federal level for acquisition of fee simple

or easement interest in our still productive wetlands.

(7)  The U.S. in recent years has dropped from second to

sixth place as a producer of fishery products in the world.

At a time when all predictions are that protein from the

sea must be available in large quantities before the end

of this century to feed the world population.  The most

important need now which is well within reach is the need

for government guaranteed long term reasonable interest

rate loans to the fishery industry.  Conventional financial

sources are simply becoming more and more unfamiliar with

the fishery industry and would much prefer to make a loan

to a completely new organized electronics firm then to
                                       glamour
assist in a field that holds so little/  Now the financial

lending institutions in this country were more familiar

with the fishery industry in 1910 and 1920 then they are

today.   And that is one of the difficulties that the fishery -

I'm talking about all phases,  shrimp,  the whole works,  fishery

industry in this country is faced with.  We have higher labor

-------

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                        -79-




 josts  i/i  unis  country  then  in most  other places in the




 world.  We  do  not  have the  benefits of protected tariffs




 which  most  other countries  do,  on their profits.  And we




 are in a  terrible  situation in this country as far as the




 decline in  fishery activities in  the nation.   Now there




 are a  number of things we could do,  we could build an




 agricultural rc-cte, and maybe it  is justified in demanding




 hut Lhr step I a:~  indicating here is a relatively minor




 one a PC. a relatively inexpensive  one for this nation to




 undertake and  t;iat  is  either direct loans or government




 'juarant.ee.'  loans.   To  me it is comparaole to the Rural Educa-




 tion .Administration in the  late 1930's.   If need exists that




 is the only way it;  can be done.   Most of the fishery operations




 in this country are having  to operate on very short term




 loans at  very  high interest rates and the matter is coning




 to a head rattier drastically by the way,  and that's one




 step in my  judgment that the national government can do




 to litlp the - advance  the fishery industry in this country.




Xt: are going behind head over heels.   Thi.~  is the last one.




Research  in marine  science  and  oceanography is in trouble




 i.i this country.   Despite all the hook law we have heard




 in recent years, budget  cuts in nondefense science budqets




'iave been  drastic and we simply are  not  making the strides

-------

-------
                     -30-




 in  these areas  that  we are  led  to  believe.   The only




 purpose in mentioning that  is that I  (enow if. you have




 read  some of the  things I read  in  the last two or three




 years you are bound  to have gained the impression that




 we  are doing more  in this country  then maybe most other




 r'-Kintrifs in the world in the field of oceanography  and




 marine science  research.  Ladies and  gentlemen what  I'm




 trying to say to you is that all tnat reads  well and all




 oi  it. sounds good  but the truth of the matter is we  are




 not and these recent budget  cuts which we had to make




 in  our federal  establishment, these cuts  have fallen




 heaviest on the non-defense  size fee  including the ones




 we  arc so much  interested in.   I'm not criticizing the




 budget cuts.  I think in many instances - for many reasons




 we  have had to  do  it but I  just want  you  to  know that




 things arc not  as  rosy as they  appear to  be  in this  field




 and right today we are not  making  the stride that we ought




 to be making if we are thinking in terms  of  future usefulness




 and productive  usefulness of these estuarine areas.  Thank




 you .




           HARGIS:   Does any member of the panel have  any




 comments or questions?  I thank you Mr. Fidler.   I'll  turn




tiie podium over to Mr.  Gardner.

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                        -31-




    GARDNER:  I think we all found that to be a very  fine




and interesting presentation.  All of the recommendation




bear extreme consideration.  I call upon Mrs. June Pearson




jor our next statement.




           JUNE PEARSON:  I'm June Pearson and I'm




Secretary of the York County Property Owners Protective




Association, Inc. and I'm also Chairman of its Anti-




peilution Committee,  First of all let rne say it is a




pleasure to be here today,  I'm most appreciative of the




opportunity to appear at this meeting.  As Secretary of




the property Owners Association and as Chairman of its




Anti-pollution Committee,  I have for many years been a




 conscientious,  and I guess you might say persistent




pursuer of clean waters for the State of Virginia.  The




chief endeavors of our Association have been in the anti-




pollution realm,  particularly as regards tne rivers and




streams in our area.




           As we all know, there are many problems in




connection with estuarine resources and uses.  Perhaps




the most common is the dumping of sewerage and sewerage




effluents into the streams.   Our Association during the




past several years has strongly advocated the dumping

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                          -82-




 of  such effluents  out  into deep  water  where  they can be




 adequately  and  properly  diluted  and  not,  as  so  many




 developers  suggest,  at the very  ends of  these streams and




 creeks  where  there is  very little  or in  many instances




 no  water action.




            One  of  the  main drawbacks to  any  sewerage




 discharge into  the streams is  the  so-called  "buffer zone"




 which is placed around the area  of discharge.   This of




 course  restrict? the shellfish activity  in such areas




 and is  a necessary health safety precaution.  However,  from




 year to year  more  and  more areas are restricted with buffer




 zones and the watermen are deprived  of more  and more working




 areas.   Although we  realize that such  buffer zones  are




 necessary,  we  would suggest that  more consideration be




 given to avoiding  the  more prominent shellfish  bearing




 areas when  choosing  a  site for the dumping of sewerage




 effluent.   In some instances in  the  past  this has not been




 done, and we  note  in particular  the  discharge site  for the




 James River sewerage plant which requires a  large buffer




 zone around a sizable  area of  the  best shellfish producing




 grounds.  We  also  feel that the  recent requirement  by the




 Federal  Government to  have the localities alter  their




present  central sewerage systems so  as to include secondary

-------
                     -33-




treatment before discharging the effluent  into  the




streams, is an important progressive step.  We  realize




ttiis is a costly undertaking, but is necessary  if we are




to clean up the polluted areas'of our rivers and streams




and achieve and maintain clean waters for  our State.  This




in turn should neip  to eliminate some of the buffer zones.




I know I'm not yxing to be very popular right now with




Mr. Killer of HRSDC  as I recall what he had to  say about




the secondary treatment business.




           We arc particularly interested  in the water




quality standards which have been adopted  by the State




water Control Board.  Representatives from our Association




attended and participated in several of the public hearings




with relation to the criteria standards.   We strongly urged




at that time that the standards be set high enough to allow




the present uses of  the waters including shell  fishing,




regular fishing,  swimming,  boating and all other recreational




activities.  It is our understanding that  the Standards




for the State of Virginia have not yet been approved by the




Federal Water Pollution Control Administration,  and we




sincerely hope that when they are approved they will be stringent




enough to hold the line against further pollution of our




rivers and  streams.   We realized while attending the criteria

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                       -84-




standards hearings that there is much pressure applied




to the individuals representing the State and Federal




agencies involved, one of the main sources of this pressure




beinq contributed by industry.  This does not mean that




all industry is uncooperative in the anti-pollution effort,




but there ic a tendency on the part of some industrialists




to resist necessary changes as regards improving qualiLy of




effluent being discharged, especially when it entails




expenditure of a substantial amount of money to improve




or install the necessary waste disposal systems.  We suggest




that, this be one of the areas of strong endeavor and




enforcement,  since industry does contribute a great amount




of waste materials to the waters and this source of waste




contribution will of course increase enormously as communities




qrow and develop.




           In addition, as we all know,  there is much




pollution in various sections of the Hampton Roads area,




and in several of our rivers.  For instance,  just offshore




from the Chamberlin are some of the most bountiful shellfish




producing grounds but they can only be worked a small portion




of the year and the shellfish must be transplanted to clean

-------
                        -35-




waters, whicn of course is time consuming and  costly  on  the




pai-t of the watermen.  These are the types of  pollution




problems which must be alleviated and we sincerely hope




that the water quality standards are stringent enough to




resolve sortie of these problems so as to restore the purity




of these oollrted areas.




           /in ever growing problem in our rivers and




streams today is the extensive use of marinas.  This  is




becoming a way of life and with it comes all the messy




wastes and trash problems associated with people.  As we




all recognize, the existing laws as regards marinas and




dumping are not very stringent, and even if we had stronger




laws, there would not be enough available personnel to




police these areas and enforce the laws.  The  result  can be




summed up in one word -- "Pollution".  It is our understanding




that the State water Control Board is studying this waste




and trash problem and is currently developing proposed re-




gulations for boat wastes.   We would suggest that they




expedite these efforts so as to be able to give some relief




to this .roblem.   In the meantime,  perhaps what we really




need is a :'don't be a litterbug" campaign as regards boaters.




This of course won't resolve the problem completely,  but




this approach has  greatly  helped with relation to automobile

-------
                       -S6-
litterbugs, and could possibly start the boating public
thinking along that line.
           We are very disturbed regarding the discharge
of sewerage from the many boats coming into the marinas,
and we are at the present time quite distressed regarding
the proposal for the development of Goodwin Island by
the Mobjack Bay Development corporation which includes
a 1200 boat marina in that immediate area.  We strongly
feel that for any Agency to allow such a large marina at
one location in the York River is poor judgment and we
doubt that such a marina when in use would meet the water
quality standards set up for that particular area.  It is
conceivable that approval by a State agency of such an
enormous marina would further breach the desired goal of
mutual agreement regarding the State Water Quality Standards
now being sought by the State Kater Control Board and the
Federal Water Pollution Control Administration.  Regarding
dredging and filling,  we are concerned since it not only
destroys the shellfish,  but such disruption of the marshlands
and river bottom destroys the marine and wildlife.  More
thought should be given by the responsible agencies to the
preservation of the marine and wildlife in the few remaining
areas in which they now exist, and Goodwin Island  is  one  of these
areas.

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                         -87-




            with relation to our local governmental body




 in York County,  we fe«l that the members of the Board of




 Supervisors should actively participate whenever possible




 in determine the best possible methods of sewerage disposal




 in our  County.   During the last session of the  legislature




 we requested that our Delegate introduce a bill which would




 give  the local  governmental body final say regarding approval




 or disapproval  of interim sewerage  systems in the County.




 This  law (11>. 1-327.1)  will apply to any County  having a




 master  sewerage  plan.   We feel such decisions with relation




 to interim sewerage  systems should  rest with the local




 governmental body and not a State Agency,  since the local




 representatives  are  in a  position to better  understand




 the needs  and desires  of  the people of the community.   Of




 course,  the  State water Control  Board still  continues to




 determine  what can or  cannot go  into the streams.




            In view of the extra  demands upon some of the




 Agencies as  a result  of State water quality  standards,  and




 other legislation which will undoubtedly be  forthcoming as




 regards  waters,  wastes/ marinas,  pollution,  etc.,  we  ruggest




 that these  respective  agencies start  to request increased




 allocations  in their budgets  to  cover  the  cost  of  hiring




additional personnel to enforce the Water Quality Standards

-------

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                       -38-




and associated  laws.  After all  is  said  and  done,  laws




are ineffective  if there are  insufficient  ueople available




to enforce  them.




            In closing, I want to say that  even  though we  are




critical in many areas as regards the Agencies  and  the




water pollution problems, we  do  not lose sight  of the fact




that these Agencies do perform a very important and effective




function, v.iUiout which it would be an impossible situation.




Our organization desires to cooperate and  assist in any




possible wav in maintaining clean, unpolluted waters in the




3tate of Virginia.  Thank you very much.




           GARDNER:  Do members  of the panel have any




questions?    For our next statement I call on  Mr.  C. W.




Vviley of the Virginia State Department of  Health.




           CJLOYDE W, WILEY:  Thank you Mr. Chairman an3




members of the panel, ladies and gentlemen.  Virginia State




Health Department is very appreciative for this opportunity




to make a statement before this  hearing  primarily regarding




the State shellfish control program and  shellfish industry.




           Virginia is vitally concerned with the prevention,




control, arid abatement of pollution to its estuarine areas.




The preservation of the State's priceless water resources

-------
                     -89-




 is of  critical  importance to  the  social and  exonomic




 progress of all  its  citizens.  Traditionally, Virginia's




 growth and development has been associated with  its rivers




 and estuaries.   It is well recognized  that these resources  hold  5




 vast potential  for the future, and every effort  must be




 made to assure  their preservation.




           Man-   sections of Virginia are rapidly shifting from




 a rural to an urban  datus.  Problems associated  with this




 change are demanding widespread attention.   The  pressures




 of population expansion are manifested in many forms such




 as the Industrial and residential development of estuaries




 and wetlands, t'.e construction of waste treatment facilities,




 and a  vast increase  in the number of boats and marinas.




           It must be stated, however, that  enormous




 strides i;< pollution control have also been  achieved within




 the state durinu the past few years.  Better planning and




 attention to water pollution control problems has resulted




 in a sftift in emphasis from abatement to prevention of




 pollution.   This has resulted in a closer supervision of all




 types of waste* disposal operations.  Consequently,  the




water quality of many streams has been substantially improved.

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                        -90-




           V
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                        -91-




            Virginia  presently  has  55  areas  comprising




 approximately 63,442 acres restricted for the  direct




 marketing  of  shellfish.  While this is a fairly  large  figure,




 it  represents only a sraall portion of the available shellfish




 growing  area  within  the  State.   It is anticipated  through




 our modern technology of pollution control,  condemnation of




 presently  approved 'shellfish growing  areas  can be  held to




 a minimum,  and hopefully some  of those areas now restricted




 can be reclaimed.




            The complexity of the problem of protecting




 shellfish  growing waters from  the  encroaching  hazards  of




 environmental pollution  is a mammoth  undertaking requiring




 the constant  effort  and  cooperation of many agencies.   The




 Federal  Government must  recognize  its  own responsibilities




 towards  abating water pollution.   Fourteen  of Virginia's




 presently  restricted shellfish areas  comprising approximately




 47, 365 acres  are influenced to varying  degrees by  installations




 or  facilities of the United States Government over which the




 State has  no  control.  This represents  75%  of the  total acres




 within the  State condemned for the direct marketing of




 shellfish.




            The shellfish industry  is fully aware that




 pollution  is  the major problem facing  it today.  We have




entered a new and more complicated period in our shellfish

-------
                     -92-




ami pollution control efforts.  However, precise defini-




tions of water quality criteria are being formulated and




through determined efforts the water quality needs of the




shellfish program will receive proper recognition.




           GARDNER:  Do members of the panel have any




questions of Mr. Wiley?   Thank you Mr. Wiley.  For our




next statement I call upon Mr. Franklin P. McGinnes, of




Virginia Seafoods, Incorporated of Irvington, Virginia.




           FRANKLIN P.  MCGINNES:  Mr. Chairman, Participants,




ladies and gentlemen, I am Frank McGinnes, of Virginia




Seafoods,  Inc. and I am also a Director of our national




trade association. The Oyster Institute of North America.




           Virginia has been famous as a producer of seafood




since ore-colonial days.  In the thirties and forties,  the




total marine harvest averaged around 250 million of pounds




per year.   In 19-* 5, the total harvest of 304 millions of




pounds was valued at approximately 30 million dollars,  of




this,  over 1-3 million pounds was oyster and clam meats,




valued at 7 million dollars.  In the mid 50's the art of




shellfish farming had advanced to the degree that we were




harvesting 22 millions  of pounds of oyster meat per year.

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                         — 93 —




           The production of our  formerly rich oyster




harvests was sharply curtailed ten years ago when  the  iMSX




parasite decimated the oyster crops.




           Last year we  produced  9 million pounds  of oyster




meat by virtue of practicing every oyster farming  technique




known.  MSK  is iill around and because it has a salinity




barrier of approximately 13 parts per thousand, our oyster




crops must be grown in what would formerly be marginal




territory.  The large estuaries of Virginia are too salty




for oysters to be produced because they do not survive the




third year with the persistent incidence of MSX.   Thus we




must grow Oysters outside the MSX areas although with  the




help of the Virginia Institute of Marine Science we hope to be




able to develop methods  to grow oysters in the MSX areas.




Hard clams do thrive in  the saltier water.  Vast areas in




the James are not used for the harvest of Clams because of the




bacterial quality of the water.




           This discourse brings us to the importance of my




testifying at this conference today.  Since our most valuable




species,  the oyster,  cannot be grown in the saltier waters,




we must cultivate it in  the brackish areas.   These are the




ones most vulnerable to  domestic pollution.   This means that




we in the oyster industry are caught in a vise,  MSX from the

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                       -94-




 bay  coming up  the rivers, and pollution coming down  the




 rivers,  causing more shellfish producing areas to be closed.




 This cannot continue - not only for the sake of our  industry




 but  for  the welfare of every citizen of Virginia.  Thus it




 is imperative  that the Water Resource Board and the  Shellfish




 Branch of the  State Health Department work together with




 increased effectiveness to restore areas now closed as well




 as keep  the waters of our presently producing areas at




 acceptable quality levels.  Clean water is essential for




 maximum  beneficial uses.  The economic, recreational and




 aesthetic values of our waters are crucial to the future




 of Virginia.   I would suggest increased attention to pollution




 abatement of the York River which has had a long history




 of tragic oil  spills and domestic sewage hazards and to the




 James River.




           Since MSX has imposed limits on the oyster




 industry in this state, vast interest has turned to clams.




 The  James River is the best source of supply of clams in




 our  state but  due to pollution all taken from this area must




 be re-layed, so they can cleanse themselves,  therefore it




 is economically prohibitive to gather these clams.  Should




 the water quality of this area be brought up to acceptable




standards for  shellfish harvesting,  this arsa would produce

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                       -95-




enough  clams  to  put our  state among  the  top  three  clam




producing  states on the  Atlantic  Coast.




           At  this time  Virginia  is  the  only state of-the




twenty-three  (23) maritime  states whose  standards  of water




quality have not been approved by the Federal Government.




Realizing  that pollution abatement is a  slow process,




plant by plant and city  by  city,  I hope  that the state




standards  can  be revised so that we  can  get  Federal approval




j n the  very near future.




           Other states  are managing to  open shellfishing




areas long closed,  we urge and insist that  our state officials




got the help they need to do likewise.   We cannot  afford the




luxury  of  isolation.  If we need grants  and  technolog.-cal




assistance, only available  from the Federal  Government,




by all  means let us take advantage of such help.   Other




states  insist on getting their share of  the  tax dollar.




why not Virginia?  We will  be more grateful  to our state




officials when we are reclaiming more shellfish harvesting




areas than are being closed.  Thank yon.




           GARDNER:  Are there any questions  from  the panel?




           DAVIS:  I would  like to make  just  one comment,




as our spectator didn't give an entire presentation I would

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                        -96-




 just  like  to  say  that  the  reason  that  our  water problem




 standards  has not been approved is  not due to  the  standards




 themselves but due to  the  question  cf  secondary treatment.




 We  hope  this  can  be resolved  on a staff level  which we  will




 discu.ss  with  the  Board at  its next  meeting.




            GARDNER:  I call upon  now Mr. S. Mason  Carbough




 representing  the  Virginia  Department of Agriculture and




 Commerce.




            s.  KASON CARBOUGH:  Thank you Mr. Gardner, members




 of  the panel,  ladies and gentlemen.  I am  S. Mason Carbough,




 Executive  Assistant  to the Commissioner of the  Virginia




 Department of  .nuriculture  and  Commerce and I'm representing




 him today  and  will present to  - at  this hearing a  statement




 by  the Commissioner.




            Mr,  Chairman, I appreciate  the  invitation to




 present  a  statement  to you at  this  hearing concerning the




 comprehensive  study  of the Nation's estuarine  areas  and




 particularly  the  estuaries and coastal  waters  in Virginia.




            First,  let  me reaffirm tnat  the industry  of




 agriculture has an abiding interest in  providing an  abundant




 supply of  clean water,   and protecting  all  our natural




 resources  for  not only  agticulture,  but for the public




at large.

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                        -97-




           Pollution problems are  just  as  critical for




the people in  the industry of agriculture  as  for  anyone




else.  Agriculture needs  "clean" water  for the  crops




and anirialr. arid, therefore, has a  direct interest in




assuring an adequate quantity and  quality  of  water




resource..- j.r, available  to all.




           it  occurs to me that the agriculture land  and




the estuariru.  land in Virginia have a relationship




whereby ao.'ithoj is in direct competition with the other




for the alternative uses.




           Although it  is fair to  say,  I believe  that




tne practices, activities, and plans concerning agricultural




land use and ostuarino  land use do affect  each other.




           By  virtue of the fact that extensive agriculture




production does take place adjacent to  marshlands, wetlands,




the streams in the estuarine areas, and the coastal waters,




the industry of agriculture does have a direct interest




in the subject of this  hearing.




           Ij. you draw an imaginary line from Fredericksburg




to Emporia,  the area east of that  line  produces roughly




one-third of the total income from farming in Virginia.

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                        -98-




Th e total dollar value  of agricultural  production  including




farm  forest approaches  $175 million.  The returns  from




commercial forest would make this total even higher.




           More specifically, to give you some idea of the




impact of this area on  Virginia's agricultural economy,




it produces of the state's total:  about 80 % of the




corn  sold for cash; almost 95% of the soybeans; practially




all of the peanuts; over 90% of the cash vegetable crop;




approximate^  rO% of the hogs, and one-fifth of the livestock.




           The production represents only a beginning of




the economic impact.  The supply and service sector employs




many  people in such businesses as banking, transportation,




food  processr-iny, chemical manufacturing, feed and ferti-




lizer manufacturing, machinery dealers, and many others.




The marketing and processing sector employs many more.




           The farm production statistics have been compiled




on a  county basis and we would be pleased to furnish you




these data sheets for the counties in Virginia's estuarine




area,  if yon would give us the names of the counties involved,




           Beyond the estuarine land area, I believe the




solution, to estuarine pollution so far as agricultural




production is concerned, lies in the continued implementation

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                       -99-




of soil conservation practices which prevent soil  erosion




and  land runoff.  The soil and water conservation  programs,




such as small upstream watershed dams, have helped in the




past to reduce siltation, much of which when it occurs




probably finds its way into the estuarine areas, and can




be particularly helpful if properly supported and  financed.




Similar and as effective results have come from the use of




sound soil and water conservation practices by individual




farmers both within the estuarine area and the inland




drainage ureas.  Adequate public encouragement for the




implementation of the numerous practices needs to  be continued.




           Fertilizers and pesticides have been mentioned




by some people as contributors to pollution.  You  are well




aware,  I am sure,  of the part which agricultural chemicals




play in providing this nation with food and fiber.  We  are




today a bettor fed people at less cost than any people in




the world and a large measure of the credit for this




success must go to fertilizer and other agricultural chemicals.




           Confusion seems to exist as to the extent of




pollution caused by the use of agricultural chemicals by




farmers.   There are many variables to this complex question,




and I would encourage you to consider thoughtfully the

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                       -100-




questions \.bich arise on this subject and  to seek out  the




facts.




           In recent years economic pressures and regula-




tory proqraras have exerted greater pressures for safe




practices than is likely to be brought about by pollution




control proarams.  Farmers are not likely  to use more




fertilizer or other chemicals than are economically justi-




fiable, nor arc they likely to intentionally use chemicals




that will contaminate their products.  Continued surveillance




and monitoring inspection programs are an  integral part of




pollution prevention and these are carried on daily by




the Department of Agriculture and Commerce, and by several




federal aqencies.  There is a need for more research con-




sidering the many variables which will reveal more concrete




evidence as to the extent of pollution in  land runoff caused




by agricultural production practices.




           In the estuarine area are located our fine




seaport facilities.  Through these facilities come the




imports from many countries.  Unfortunately this commerce




brings with it the danger of the introduction into the




state of some new destructive pest,  either insect or d-.sease.

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                      -101-




           Thc  fJSDA  keeps close  surveillance on the




,-novernen.t oC vessels  and  ooods, and has been quite effective




in keeping narnful pests from our  shores.   But. occasionally




some oest doe?;  :et through  the best of inspection systems.




When this happens, immediate  steps must be taken to contain




and control it  within  the area of  introduction.




           <"!:\nurol measure's often  involve  the use of




chemicals and it is  important that you provide flexibility




in your ntana jen-r-nt programs to protect our economy and




healtn.




           A nev destructive  pest  not  only poses a threat




of scrioi;- Direct economic  losses  to the industry oi'




agriculture,  but also  affects the  movement of goods in




and o-.i t of Lhc;  area, if  it  becomes quarantined.  We have




the ex era rmv.ieri of  protecting the inland  states and keeping




o, en the <;hannols of trade.




           On another  matter,  I  ask that where livestock




and coultry r-^e-lots,  and food processing  olants occur within




the  estuariae area,  that these operations  he handled on an




i.-,dividua J  oasis insofar as they relate to estuarine pollution




 • roblerns.

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                      -102-




           I recognize the  desirability  of  preserving  our




estuarine resources,  and encourage the development  of  a




program to effect the coordination of all interest  in  the




estuarine areas.




           I would urge in  any attempt to regulate  the




land in the estuarine area, that proper  consideration  be




given to agricultural production and to  the  production




practices which are desirable and necessary  in  supplying  our




people wit-i (cod and  fiber.  It would be helpful  to have  an




op;->ortrnity to further contribute to your planning  in  the




estuarine ar.ea of Virginia  before any final  plans are




develo;>eu i:>y "laving information affecting the industry of




agriculture available to us.




           Than.t you  for the opportunity to  present tc you




some of o^r concerns which  we feel relate to the estuarine




and coastal areas of  Virginia.  Maurice B. Rowe, Commi^sionei




of Agricv. 11ure.




           GARDNER:  We c< n put Mr. Carbaugh on the spot




since he read a presentation prepared by someone else.




Do we have a Question?




           CARBAUGH:  If I  don't have the answer I  "ill get




it.

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                       -103-




            GARDNER:  I had an indication from Mr. James




 Coates of Norfolk that he would like to describe some




 of the pollution that he has seen first hand within




 Elizabeth Hiver.




            JAMES  CQATES:  I appreciate the opportunity




 to speak to you and without any preparation and I,  perhaps




 am the only amateur in the room among a panel of experts




 and I do ai. ureciate this opportunity.  I would like to




 mention to you I  think most of you know the effects of




 building a "J" and what he has when it is built at  right




 angles to the shoreline.  In certain areas because  of




 prevailincf winds  and tides the sand or sod material will




 build up on the side of a "J", sometimes as in the  case




 of Vvilloughby Beach you have it built u^ on both sides




 arid we restore the beach.  Some years ago I met with the




 army engineers because I live on waterfront and I asked




 them for permission to build and obtained permission to




 build two "J".  They stuck out at right angles to the shore




 line 40 feet and  the result was that on the north side




 because of prevailing tides and winds,  I accumulated a




 very fine sandy beach on vhich my children and my neighbors




 children could play.   Today that beach is filled with




garbage.   On  at least Saturday and Sunday it was filled




with  garbage.   Today  we  ha -e  a northeast  wind and flood

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                        -104-




tide and this morning there was no garbage on our  beach.




1 don't, know whether the Colonel gave permission to any




authority to build a "J" but the result is this, that we




nave a  "j" built now extending out in a westerly direction




Ircm about  •; 3th Street which goes about as far out into




our river as you go from here to Fort Wolfe.  Now




what hap per -; when you build a "J" is that the topography




cnanges, the underwater topography rises in proportion to




the conditions that exist in that particular area and we




don't have :;o be technicians from/NIT or an expert to know




these things.  But it is a fact that you can do anything




in the water and you will change to some extent - it might




bo minute but you do change some of the conditions.  Now




since we ha^e been meeting and it is approximately 12 o'clock




there have been at least fifty and perhaps sixty huge garbage




dump trucks loaded with city garbage dumped into the river




since we have been here this morning.  Who gave them per-




mission to do that?  I might just as well take my garbage




and walk down to the beach and dump it overboard and yet




that's not legal for me to do it and yet there is a group




that do it and they do it wholesale.   I happen to live in




the fortunate area where we have an incinerator and I'm only




a mile from it or less than a mile from it  and I  must agree

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                        -105-

I'n:  a  yood friend of Mr.  Miller's but you  '-enow having

his  own  job down there if I yet a southwest wind  and

particularly in the summertime I can accumulate a bucket

f'jll very  easily.   All I  have to do is to  walk down to the

river  and  dip up a bucket full of black muck  that stinks

to high  heaven and in fact I took a gallon jug of black

riuok \vni. <%:: is accumulating with hydrogen sulfide  as you

have :nc;:t i-oned and all the debris,  it is an accumulation

 M ;nown  to ',:ict'-  which is contaminating the river  and that's

i-ei nr  ;)<-,;•," ';odav right here.  It is just, four  or  five

•,iloo  iri thi---:  direction.   It. is an  unhealthy  condition.

The  stink  f.rom the garbaoc oile isn't so bad,  the soot

from Lhc coal . ields is ^ot so bad  but it  is  absolutely

i !excnc;able  to have an inadequate sewage disposal plant

and  -,,c na"e  a-i inadequate cewage disposal  system.   We

c-ciii  look onL  of  my bedroom window and see  a brown streak

of water if  i.oday  the conditions are adequate  or  proper.

In the river  there is a difference  in the  color of  the
      t na;:
viator'emanates and wio-.'ts as it fens out leaving  the  area

from vhica tue pipe empties its contents into  the river.

-------
                        -106-




            Then the wind changes as we have this morning




 a refreshing breeze comes from a different direction, the




 water begins to clean up a little bit and we get the water




 from the channel.  All of this summer it was too bad for




 any children to get into the river.  It was even too bad




 lor dogs to chase a stick out into the river, anywhere from




 100 feet out.   Now if you go into the main channel and take




 samples that is not so bad but anywhere in close you get




 a very contaminated condition that either stinks so much




 that it i.s almost unlivable and it is getting worse.




            I love home and motherhood and flowers and clean




 water and everybody does but what are we going to do about




 it.  Vve don't control the authorities who are the great




 offenders.   We went through the motions and bless your




 neart I think we are making progress but we are making




 progress too slowly.  Now I ^on't own a share of stock in




 any food processing.  I don't own any rights to oyster




 banks or oyster beds.  I have no interest whatever in being




 here except as a citizen who objects to the stink and the




 conditions we are forced to live in and it cost me almost




 $600 worth of taxes on my honesite each year in the city




 in which I live.  So I'm not Dripping about paying the




taxes but I  do  gripe about the odor and stink.   I'm too

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                               -107-




 old to ski and I don't swim too much any more and I don't




 have a pleasure boat but I do like to live and cut my grass




 and have a decent place to live in and looking at it from




 a  purely practical standpoint we have an intolerable condition




 over on the other side of the river.  I thank you for the




 opportunity to sound off and tell you about this.  I know




 we all are starting to correct those bad conditions and




 I  nope the army engineers will revoke their permit to build




 this bi'.j "J1'.   It sticks out almost a mile from the mainland




 over there and they are actually dumping garbage in the river




 this mornim;,  since we have been here and I invite you to




 go over and Look at it but take a clothespin.




            PAfiSSLER:  Mr. Coates with reference to the




 garbage chat's going in,  is this the amount that you described




 is this the equivalent that is being dumped in from ships




 or is this actually being dumped in from trucks?




            CQATES:  From trucks not ships.




            GARDNER:  Any further questions?




            DAVIS:  I would like to know if he could tell




 us where it is coming fiom?




            CQATES:  I don't want to get in trouble.   I iwite




 you to go to see it.   I can't fight city hall and I  have no




mind to and the city  health officials  are interested in the

-------
                        -108-




protalem, whether they will actually take any action to do




anything about it or not I don't really know.  I'm not




exaggeratinq.  I invite you to come and see it.  I will




be glad to answer questions - are there any other questions?




           PAESLER:  We would like to have more facts.




Perhaps you v;ould be glad to discuss this with us some




other time in private.




           ANDERSON:  Mr. Coates I have one question.




Can you tell us where this "J" is located you are speaking




of?




           CQATES:  I use the term "J" because a "J" is




a "j" whether it be made of concrete pine or plank or




whatever it is or whether it is made of concrete or whether




it is made of garbage with a little bit of dirt mixed in




with it and mashed tin cans and all that.  A "J" is speaking




from an engineering standpoint is a structure which produces




a change in the contour in the bottom of the river by




blocking the flow of tide.   Now the further out a "J" sticks




from shore the more dirt area it has behind it on either side




of that "J" because the tide has to go around it and the




effect is that the water accumulates and swirls behind the

-------
                      -109-




 "j"  and  brie  or  brae  or whatever  you want  to  call  it




 vill accumulate  along with  tl• Js material  - sand  material




 behind the  "J".   Now  it makes  no  difference what a "J"




 is constructed of,  whether  it  is  crushed  rock, whether




 it is rock  that  you have  that  builds a  petition  or builds




 a wall around the islands out  here  on the  Potomac  or




 runs out here in the  middle of Chesapeake  Bay, they are




 all  a form  of retaining material  and a "J:1  is  that.  It




 can  he garbage if it  is wide enough and this  is  what




 this one is - garbage.




           /.NDERSON:  What  is  it's  location?




            CQATES:  Well  it is parallel to Pier  6  and




 North and Western Coal Piers,  it  is approximately  - it




 begins at 39th Street in  the c !.ty of Norfolk  and there I




 qo yetting  in trouble and it extends over  to  about  43rd




 Street and  if it keeps on it will be in my back  yard in




 about four  more  years, which is up  abound  53rd Street.




           ANDERSON:  Is  it Elizabeth River?




            GQATES:  Yes Elizabeth River and it is  opposite




 Crane Island.  Incidentally I  didn't want  to  interrupt the




 Colonel  and as I stayed here a little bit  longer I  became




 a little  bit more at  home this morning,  did the  Army Engineers




give anybody permission to  use the  river as a dumping - as

-------
                          -110-




 a garbage dumping area?  I would like to know that and




 I'm not trying to put anybody else on the spot but




 certainly someone must have obtained permissL on if we




 have an authority whether it be federal or state or




 county or our legislators,  but somebody had to give someone




 permission to use our waters as a garbage dump.




            GARDNER:   Mr.  Coates I think I can answer that.




 It would be against  the 1899 Refuge Act to dump garbage




 debris and a number  of other things into navigable waters




 and I'm sure these are considered navigable waters.




            CQATES:  Well they used to be.   Now they are




 so shallow only row  boats can go in there.




            GARDNER:   I know that all of us are getting a




 wee bit hungry at this point but we only have a few more




 to go.   In fact what I have  left are maybes,  unless some




 of the panel cares to make statements as we close.   I have




 a maybe here from Mr.  J.  L.  Hamrick,  Jr. Allied Chemical




 Corporation,




            HAMRICK:   I don't desire to make a  statement.




            GARDNER*   The  other from Mr.  G.  D.  Monola,  Norfolk




 Health Department.




            MONOLA:   with  sympathy to the audience  I  do not




wish to make a  statement  at  this time.

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                        -Ill-




           GARDNER:  Another  maybe  is  Mrs.  H.  S.




Keimlings .




           KtflMLINGS:   Not at  this  time.




           GARDNER:  I  would  like to point  out as I have




sain oari.ier that the record  will remain  open  and if >ou




(jon't ,:aic to say anything at  this  time mail a statement




to us and it will be included  in the official  minutes of




t "io inec-t'-iiiq.   I also have a maybe from Mrs. Vaughan.




           VAUGHAN:  No statement at this time, but I




do have one question.   I have  been  concerned about the




•jreat oceanography and  increase in  the jellyfish  in the bay




and .I'rr' wondering if the ocean geographic survey  or any-




thing like this is taking care of it.




           tlARGIS :  We, too, are concerned as many  other




people with the - what  has been alleged to  be  an  increaee




in the jellyfish.  No one really knows whether there  has




been an increase or if  there  have,  what the proportions




arc because records from former times  are non-existing.




However fcnis is obviously a very severe economic  problem




relating particularly to materials  and recreational uses




of tne estuarine waters.  Interest  has developed  so much




that there is a federal jellyfish act  and under the federal




jellyfish act there is  provision for money  to  investigate




the problem to see whether control  is  possible.   Among the

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                        -112-




principal agencies involved in  the  program is  our




inidtute,  We have a study under way  and  the  study




.is tx.-:i:ij enlarged.  Interesting this is  one of those




area where the economy  drive didn't hit  very hard  this




tine.  /AS a matter of fact the  appropriation went  up




instead of down.




           GARDNER:  Ar*5 there  others  nere in  the  group




that, would like to make a statement at this  time.   Members




jf the panel would you  like to  make a  statement.   Members




of the moderating team?  I thank you all  for  the  statements




and your participation  in the meeting and  as I indicated




earlier  all will receive copies  of the minutes once we




get che'i through publication.   Thank you very  much.

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ADDITIONAL
STATEMENTS
  SUBMITTED
            FOR
            THE
      RECORD

-------
           UNITED STATES DEPARTMENT OF AGRICULTURE
                       SOIL CONSERVATION SERVICE
                           P.  0.  Box 10026
                       Richmond,  Virginia 23240
                                               November
 Mr.  Eugene 7.  Jensen
 Regional P Lrcct or
 Iederal Water  Pollution Control Administration
 U.  ?.  Department of the Interior
 •'I';  Emmet Street
 Charlottesville, Virginia 22901

 Dear Mi.  Jensen:

 This IF in reference to the public meeting  held at the Chamberlin Hotel,
 Fort Monroe, Virginia,  on November 19.   Because of a prior commitment,
 I  was  unable to  attend  this hearing.

 We cubmit th^  aftached  Research Report  65, "The Virginia TidaJ  Riverbank
 Erosion Survey','  and an  article  by W.  A.  Phillips and Frank D.  Eastham
 published several years ago in  the Journal  of Soil and Water Conservation
 as information for the  record.   As the  result of said report and the
 efforts of local Soil and Water Conservation Districts, county officials
 and  other concerned local leaders in  Virginia, this agency on November
 J9b5 assigned  an engineer as a  consultant to local landowners in tidal
 riverbank stabilization.   His services  are  in strong demand and results
 are  encouraging.   The efforts to date have  been on an informal basis
 with individuals or very small  groups and on areas of limited scope
 which  do  not involve an enormous capital outlay.   A combination of engi-
 neering measures supported by vegetation is being fully explored.

 We are convinced that tidal riverbank erosion is a serious problem in
 Virginia  because of the loss of land, the resulting sediment and loss
 of valuable wat^r front property.

 Very ip°uly your,0,
- I  '  .  
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                                               By:  W. A.  Phillips
                                                    Area Conservationist
                                                    Area VA-A-3
                                                    Soil Conservation Service
                                                    Tappahannock, Virginia
                                                            and
                                                    Frank  D.  Eastban
                                                    Work Unit Conservationist
                                                    Warsaw, Virginia
                      RIVE8BAWK EROSION  IN VIRGINIA


     Tidewater Virginia has many bays, rivers, creeks and  inlets that

subject the land to serious erosion problems.  This erosion  is caused by

the fluctuating tides, by wave action, by frost and floating ice, and by

rainwater.  Erosion is aggravated by winds and accompanying atoms -

especially when blowing from sea to land during abaonsally high tides.

     There are many records indicating that this problem is not a new

one.  Augustine Washington built a home  in Westmoreland County and re-

marked that it would be 200 years before the Potomac would bother it.

Two hundred years have about passed and the foundations are falling into

the river.  By the time of the Revolution the isthmus connecting Jamestown

Island to the mainland had washed away.  Prior to 1900, when a seawall

-------
was built, the first landing site and the  site of  the original  fort  had




long since disappeared  into the James.  Across the river a state  high-




way has recently fallen over the cliffs at Mogarts Beach.




     Park Service excavations  indicate that no less than 125 feet of




the Yorktowri surrender grounds have fallen into the York River.  Thus




many priceless historical landmarks have gone overboard, as at  Jamestown.




Wakefield and Stratford plantations, the birthplaces of Generals Washing*




ton and Lee, on the Potomac, are annually  losing enormous quantities of




timber and farmland.




     Virginia, with a tidal shoreline more than 2*000 miles long, has




no rocky shores or protecting marshes on much of this exposure.  Mary-




land, with a similar shoreline, made a detailed study which indicated a




loss of about 25,000 acres in 90 years - an annual loss of about  275




acres.  One area, Bay Banks, lost 40 feet  in one storm.  This is not




merely topsoil we are losing, it is complete, final, and utter  loss.




     Many places in Virginia lose 20 to 30 feet of soil in one  storm.




Some exposed areas have an annual loss of  three to ten feet.  Farms,




orchards, homes and timberlands are being eaten away by the steady grind




of the seas.  Many Colonial cemeteries have been washed away.  Augustine




Washington's family graveyard is now but a dozen steps from the Potomac.




The river is approaching at a rate of six feet annually.




     Some cliffs along the Potomac rise 160 feet above the water.  Waves




undercut sections, causing landslides involving thousands of tons of




earth and timber.  The waves remove these slides and start undercutting




again.  Slides carry away fields, woods, homes and highways.  People




and animals have perished in riverbank cave-ins.

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     The Jacaes, York,  Rappahannock,  and  Potomac Rivers present the




tsajor problems, but  many  other  bodies  of water have the problem in




varying, degrees.




     The problem  is  serious.  Millions of dollars have been spent in




efforts to  control the  erosion  of  these  shores - often to no avail.




Many structures are  poorly conceived,  improperly built, or constructed




of poor material.




     Properly designed  seawalls,  jetties and  bulkheads will do an effect-




ive job of  control,  but they  are very  expensive to construct and maintain.




Some cost $100 per foot.   Most  landowners simply aaove  back as the river




moves in.




     The Norther" Neck  Soil Conservation District supervisors have long




sought an approach to  the  problem.   In 1956  they decided  to concentrate




on developing some practical  way to  reduce the loss at minimum cost.




While studying the problem and  evaluating past efforts it was found that




one farmer  on the Rappahannock  River,  Mr. Fred Durham  of  Richmond County,




had achieved very promising results  with vegetation.  The bank had been




sloped and  sodded to Benaauda  grass and had the beach well established  in




a sod of native salt-tolerant marsh  grass (Spartina patens).   This had




previously  been a rapidly  eroding shoreline,  but  after treatment the




beach began gradually moving  out into  the river and the marsh grass has




built a dense barrier 30 feet wide between the bank and the. water.  This




bank has successfully weathered hurricanes for 15 years.   Hurrican Hazel




threw seas almost  to the top  of the  bank with  no  ill effects.   The grass




barrier absorbed much of the  shock and the remaining energy expended it-




self rolling up and down the  sodded  bank. Similar banks,  with the same




exposure, lost from eight  to  20 feet in  this one  storm.

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     This project merited study.  The Spartina  patens was  obtained  on




the farm and the only cost  involved was  lifting and  planting.   The  bank




was sloped 2:1 and seeded to a general lawn mixture.  Bermuda  grass has




now taken over the site.




     In 1957 the supervisors decided to  try this method  of  control  on




other sites with different exposures.  Five were selected,  one on the




Rappahannock, two on the Potomac, and two on a  creek from  Chesapeake




Bay.




     The topsoil was stockpiled and the  banks were sloped  as low  as




possible consistent with cost.  A 3:1 slope was found to be very  ef-




fective.  The topsoil was then spread over the  exposed ground  and the




area was heavily manured and fertilized.  Kentucky 31 fescue was  seeded to




within 10 feet of the water; Midland Bermuda grass was heavily sprigged




from the fescue to within three feet of  high water.  Spartina  pateas was




heavily sprigged from the midland Bermuda to the Mid-tide  mark.




Spart ina a Item if lora was then planted in rows  frost here to low tide.




In all cases mulching of the seedbed was important.




     It was soon obvious that this was no simple job.  The riverbanks




are exposed to extreme cold in winter, freezing to a depth of  18  to 24




inches.  In summer direct and reflected  sunlight make then very hot,  and




the internal drainage and heat make them very hot.  High tides and  wind-




blown spray make thew alternately wet, dry, windy, cold, hot,  and fre-




quently whipped by wind-blown sand and salt water.  Before the banks




could be seeded heavy rains and windy seas had damaged them so severly




that they all had to be reworked.







                                  (117)

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-------
     Sufficient midland  Bermuda for  the  trial  was  obatined  from the




Beltsvllle, Maryland, Experiment  Station.  We  also used  native  grasses




that seemed to be doing  well  on sinilar  sites  to those on which we were




working.  Spartina patens,  Spartioa  alterniflora,  and needle rush have




proved to be good ones.




     We learned much fro* these projects.  We  know it is very im-




portant to give close maintenance for at least a year.   Small washouts




and gullies must be quickly repaired.  Several applications  of  fertiliz-




er are better than one heavy  application.  The heavy fertilization




causes a tremendous stimulation of weeds and annual grasses.  These must




be cut at least once a month  if a good sod is  to be quickly  formed.




     We found that a stable beach is a prerequisite to sloping.   If this




cannot be done with grasses then  the toe of the slope must be held with




structures.  Ranks more  than  ten  to  twelve feet high are risky  and




treacherous to slope and seed.  Here excessive washing,  fluffing and




sliding are likely to occur.  Excess water from the land needs  to be




drawn off in tile lines.  Sloping should be done with a  dragline as it is




difficult to use a bulldozer  and  get slopes without pushing  loose dirt to




the water's edge.  Loose dirt here will be promptly washed away.




     Sloping should be deferred until the toe  of the slope has been




stabilized with adapted grasses or structures.  In Virginia the  topsoil




should be stockpiled and the  sloping done in late winter in order  to get




the banks seeded early.  Thus the grasses will have the  longest  possible




growing season and will get well  established before the  fall  hurricanes




and winter storms.
                                   (113)

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     All projects have com through the first year in surprisingly




good condition.  The District supervisors are well pleased with the




results to date, and feel that we have found a practical approach to




many of our erosion problevs.




     We do not think this syste* will work everywhere, but know that it




holds considerable promise for landowners with eroding banks of fairly




stable soils that are not exposed to wide stretches of open water*
                                   (119)

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F J. BERGERON
   D'KICTOR OF PUBLIC WORKS.
                                      E'TATLXrNT r-' "  I '  .  '.ECORD
                                F'v'PCA  r'LETHIG  CK L.V-'JA '-INK  W\TEi;S,
                               HAMPTON ROADS-CHi^AP-IAi:- BAY A'.'^IAS,
                              .MB'l'.VLir ''('ILL,  FO '.T  ;Otf
-;.ies L ' c i;-  .*:
 ,.r ro;,..- , .^--"
                                   i-ye r -at i "ns  x-;o ','',-?pe-j" t. f ul 1%   'equest cc
                                        ?"".; i ••?'e"1 / s;ta'f'c' as  '-/I lows:
     .1'  '-\    ('"ioP,  ol  ti
     • f1  p-rstv-ed  i.c  iijc-
     Lr"ipaive(n n '_  t>e  p.'"!S••>.
     enciate berw^^n  vc;-err.i::  •  3
                                                          '- ccndi *-.i, ns  wit;-.  xc e
                                                           waters c->  ^'le a oa  S'ir
                                                          'j."is  o f" *.:if  waters  a  c
                                                           Tlie  str'c.ia y shcnlf1  dLr
                                                          '  localized  conditions.
                                        r>,i T,"i
                                          be established  a:>f'
                                         ;.?.   I',  rjeo-is  un] ;i
                                           .1 • en   C'l^t oxy^ci'
                        ;i  '     t, S;ic? "a i : L ^C *i.T.''p _<    ,, r-''-:fi
                        c'e I'l'/ienciefc  exist.   It would  not,  theiefore,  seer,>
                        ;• cjlpf'il  to the  esf.uarir.e ware:?  tc  reduce  t'le  oxyrer-
                        -Jf;ns' d  G i  vastewatr."   '! i j?f!ia . i es.  Tlio  natu-e ard  nou ces
                        • • '" pr !  i.utar ts  whicl1 !ia-'f the  r -'eatest  dot ;imc;if al  .^'Vett
                        i.'pc'i'  hr  -^s tin Lime '..'ate :  thcul^ be  O5:i;.al lishfcd i (: 60 /e
                        •tny IT '-e;ali?,ed  p"o\, :a-' ;  •    ec'ucticr  j '" all pollution
                        IP .T opted.  Av'titra-y  iii.-i cases in  !•;<•  decree o J woste-
                        w.TtC',?, riay tc  irhi'oi'a)lo  ; ;;'•  -«ay ;ia\''.- no :neasuraMe
                        f i "C^-. c  upon t'u"  ^o-eial ostui  -. rio watc-" duality.   II
                        tin's is  the case,  the e:-;pendi tu? c of  funds  fc." 3"Mt"."^ry
                        inc f!,-j.'ifs  irs  t.iio  de1' "ee ',-\ treatment would  not be p  uf^^
                        Carclul  evaluation, thev-?  "ore,  is indicated,
                                             (120)

-------
            " s'. ' "Ia^es of v  >r   ~ o>'  H;e protection c ."  the several
            no::r;I le uses o.; the  est'uarine  wate ."  should te r.iade
            st'  Mat the  meritc of  !;;>e protection o"  a  possible
            i:r~  nay be evaluaLcri  or  econoTic  bases.

             ";  "Ii-1 'r ic at eve rcir-T-ents ";iy bo •    ';elp to yea  in
          riecision.
' . I' .  •,•! U'l'''   .  .
'Ic' ' <.':i;: 1  I '• - er tor
                Pollution  Coi'lrol AcHinJ st ratio
..•••cri.i t i •„ e flci  ftr y
V'j.r'iuin ;:-(a*«p vJater Ccnt.:ol Boa . c'

;1".  '':1^nr: J.  Hargis,  .1  .
" f L'^r to »•
Vi r-.i.nir! I^sliinie o ' Ma cine Srierce

   .  ';>•!  • in i,,  Sutherland
Direr tor
Virpinta Depai'traent of  Conserva tic-n
n-i'J  JvHiDiT1. ! c Development

:.  .  >-.  > .  !,'!'  .'-on, Ji .
i. '( .. y i ian.i  <•'
T'o .- 1 SVK-I. ! '.) .  V: > <: inia
                               (1L1)

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       Mampton Roads Maritime Association     JT
       ~^y<                INCORPORATED
      N.*^'                 Established 1920
  '   . "       127  l?9 BANK STREET— NORFOLK VIRGINIA 235IO
• ,    !'             TELEPHON662P2639  AREACODE7O3


JACK w MACE                   November  20, 1968               H-M THOMPSON
FXFCUllvr SFCRFTARY                                                 CONSULTANT
   Mr. Eugene T. Jensen,  Regional  Director
   Middle Atlantic Region
   Federal Water Pollution Control Administration
   U. S. Department of the Interior
   918 Emmet Street
   Charlottesville, Virginia 22901

   Dear Mr. Jensen:

             In response  to your letter  of  October  18th we wish  to
   offer our following comments  inasmuch as the Association  could
   riot be represented at  your hearing at Fort Monroe, Virginia on
   November 19th .

             The Hampton  Roads Maritime  Association, whose member-
   ship includes almost all businesses engaged in waterborne commerce
   in Hampton Roads,  is very interested  in  water pollution control,
   control of dredging and filling,  and  the application of area-wide
   planning and/or zoning.  While  we do  not have any specific state-
   ments to make at this  time, please be advised that this Association
   will make every possible effort to cooperate in  your comprehensive
   study of this area's estuarine  resources.

             The communities of  Hampton  Roads and the State  of Virginia
   are blessed with beautiful and  productive waterways and every effort
   by private and governmental interests should be  made to preserve
   and develop this outstanding  natural  resource.

                                Sincerely  yours,
                                JACK W. MACE
                                Executive Secretary

   JWM/ca
                              (122)

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                         COMMONWEALTH OF VIRGINIA

                          HOUSE OF DELEGATES
                               RICHMOND
                                                             v\™
Cl.r.'t L. D') V 1L, i !

 /VI\iO FALLS CHtir^-U
 10M BUCHANAN BT
MCLEAN, VA. 221O1
                                                      CCMMITTFE
     I.AW9
EXECl/VtVE
RETRENCHIWf
                                         November 18,  1968
   Federal Water  Pollution  Control  Administration
   Middle Atlantic  Region
   918 Emmet  Street
   Charlottesville, Virginia   22901

   Dear Sirs:
            S.ince  I  live  at McLean,  Virginia,  near the Potomac River,
   my principal experience has been with  uses and problems of the
   esLuary  of what  has been termed  The  Nation's  River.   However,
   some of  the problems  we have  encountered  in seeking  to preserve
   scenic and conservation values of  the  Potomac are undoubtedly
   common to most,  if not all, estuaries  and  estuarine  zones.

            Because  a number of local  jurisdictions and  often several
   States may be  involved in  the control  of  estuarine areas,  the
   most basic problem encountered is  the  need for — and  methods of
   accomplishing — area and region-wide  supervision of the typical
   estuary.  For  example, there  must  be uniformity in the planning
   and zoning controls over land adjacent to  or  affecting estuarine
   zones.   Conflicts between  private  owners  and  local,  state, and
   Federal  interests render this essential objective extraordinarily
   difficult to accomplish.

            The proposed  Potomac  River Basin Compact,  which will soon
   go before the  Congress and the legislatures of Virginia and other
   interested Basin States, is a hopeful  tool to bring  about
   coordinated protection of  the Potomac.  One of the most useful
   things your study could do would be  to devise and propose a
   series of approaches, mechanisms and inducements by  which the
   preservation of  estuarine  zones  can  be accomplished  on an area
   and region-wide basis.

            Specific problems  encountered  v/hich threaten estuarine
   zones of the Potomac  include the following :

-------
         Landfill of marshland at the mouth of Hunting Creek.
Hunting Creek is a tributary of the Potomac near Alexandria,
Va., and <*« the marsh area involved - which the developer seeks
to fill and develop for apartment houses - is a major wintering
ground for water fowl.  The project is scenically objectionable
as well as destructive of a valuable estuarine resource.  State
legislation granting authority to transfer the State's interest
in this marshland to the developers is being challenged in the
courts; in addition, the legislation may well be reconsidered
by the next General Assembly.  Everything possible should be
done to prevent this misuse of a valuable estuarine asset.

         Establishment of oil refinery at Piney Point, Md.
The leakage and spillage of oil" that would undoubtedly occur
if the Steuart Petroleum Company's plan for an oil refinery
at Piney Point is approved would be disastrous to Potomac
estuarine resources.  The proposed facility should not be
built .

         In addition to the foregoing, I call your attention
to the serioiis threat which may be posed to estuarine aquatic
life by the construction of huge power plants in or near
estuaries.  Whether fueled by nuclear elements or other fuels,
large quantities of heated water are generated by operation
of such power plants.  Unless the utility owners are required
to cool such waters to an appropriate temperature before
discharge into the neighboring water source, destruction of
nearby estuarine aquatic life during some portions of the
year is inevitable.   Utilities should be required to develop
and apply cooling procedures and facilities, so as to cool
adequately the water they use before its return to public
waters.  I hope that you will recommend controls of universal
application that will remove the threat of thermal pollution
of our estuaries by power plants.

         I appreciate the opportunity to make these comments.

         Please include this statement in the record of your
proceedings .

                                    Respectfully submitted,
                                    Olive L. DuVal, 2d

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                                       liAl.'l H-  OF
                                                                         rk.v,K I  l)f Ki-TPnWWWma !)•
                                                                         |.,  f fillls, Rr.uiokr

' ""'                DEPARTMENT OF CONSERVATION AND  ECONOMIC DEVELOPMENT   
-------
Mr. Eugene T. Jensen              - 2 -                   November 20, 1968
value of the estuaries as a source of food supply.  Also, the introduction
of waste waters would tend to diminish the value of the estuarine waters for
recreational purposes.  Generally speaking it might be said that many of
man's activities will in all probability challenge the ecological balance of
estuarine waters.

          In the formulation of plans and programs to deal with the develop-
ment and management of the water resources of the Commonwealth under the
provisions of state legislation, it would appear that such a plan should
include due consideration of estuarine waters.  Too,  it would appear that
plans and programs for management of the water resources in a river basin
should consider the estuarine portion of the river basin and the freshwater
portion of the basin as a complete system rather than considering the estuary
as an entity separate from the freshwater portion of  the basin.

          We are appreciative for the opportunity to  comment.

                                     Sincerely yours,
                                     J.  M.  Alexander,  P.E.
                                     Commi ss ioner
JMA/bb
                                   (126)

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-------
                                  of   <
                                                    October 29,  1968
Mr. Eugene T. Jensen
Regional Director
United States Department of the Interior
Federal Water Pollution Control Administration
Middle Atlantic Region
918 Emmet Street
Charlottesville, Virginia  22901
Dear Mr.  Jensen:
In reply to your letter of October 18,  1968,  this  is  to
advise that Mr.  Arthur Freeman,  of the  Department  of  the
Public Works, will  attend the meeting pertaining to the
Clean Water Restoration Act at the Chamberlin Hotel on
November 19, 1968.   I  have asked him to submit the
attached statement, which refers to the position of the
City of Norfolk, into  the record.
                                     Sincerely yours,
                                    Thomas  F. Maxwell
                                    City Manager
                         (127)

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STATEMENT BY:           CITY OF NORFOLK, VIRGINIA









       The City of Norfolk is interested in pollution abatement in the




Hampton Roads area by any or all of the following.




       1)  All sewage treatment plants in the area, privately owned,




municipally owned, Government owned and State owned, should be of the




secondary type.




       2)  Ways and means should be provided to remove pollution from




the James River which, after receiving effluent from both municipal




and industrial areas in the Richmond-Hopewell section, discharge the




effluent into the Hampton Roads area.




       3)  More assurances that oil and coal pollution in the harbor




area are adequately controlled.




       4)  Means should be provided for the sewage disposal of all




ships, both commercial and Government, as well as pleasure craft.






       The above steps are necessary for the most beneficial develop-




ment of the harbor area from a public health point of view, as well as




a recreational point of view.
                                    CITY OF NORFOLK, VIRGINIA
                                 (123)

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                         CITY OF FREDERICKSBURG /fcx>   A^,v '<
                                    VIRGINIA            /-.  ^0^
                                 November  16,  1968
JOSIAH P. ROWE, III
    MAYOR
  Mr.  i uqene
  Federal  Water  Pollution  Control  Administration
  United States  Department of  the  Interior
  9 ! Qi  Cmmet St reet
  Chjriotlesvi I ie, Virginia 2290!

  Dear Mr.  Jen sen:

       The City  of Fredericksburg  has  considerable  interest
  in the proposed November !9  meeting  at  Fort  Monroe,  Virginia,
  or reeding the  preparation of a  rr-port under  the Clean  Water
  Pest'"'rat i on Act of I96C  on estuarine zones and  influences.

       Due l^ other commitments,  we are unable to send a
  r<,-'pr(. sent at i ve to the meeting but wish  to  express  our  interest
  ;:,ince the? City of Freder i c k sburq lies at  the upper  end of the
  esluarine zono of the Rappahannock Piver.

       Records  of William  r, >rd indicate that sailing  schooners
  docked at the  Freder i cl- sburg wharf approximately the time of
  1732 A.D.

       Tn~ (.itv  ! i es IUST^  below the fa I I  I ine  and has  a
  particular interest in anything  effecting  estuarine  develop-
  ment.  Over a  period of  many years,  studies  have been  made
  of the Rappahannock River by the Corps  of  Engineers  which
  have resulted  in their latest report prepared in May of 1966
  recommending  the construction of the Salem Church Reservoir
  just above the City of Fredericksburg.

       A great  economic advantage  of the  Salem Church  Reservoir
  will be the provision of low flow augmentation anticipated to
  be of considerable benefit to shell  fish and other  fish down-
  stream toward  the mouth  of the  Rappahannock  River.

       It  is noted that one of the assumptions in your frame
   f reference  for your studies is "estuaries  cannot be  considered
  independently  of their watersheds or the continental shelf".


                               (129)
o

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-------
   hope that /our study will make reference to the benefit
   low How augmentation to estuarine zones which wi I I occur
'-r rr. the construction of up-river dams and reservoirs such
as the proposed Salem Church Dam, which was approved  in  the
Omnibus Public Works Bill of Congress during the  1968 Session,

     '"'.gain  lot me assure you of our interest, in the pres-
ervation and restoration of estuarine resources.  We  look
Tor-ward to  receiving copies of reports which will result from
your public hearings throughout the United States.

                                     Very truly yours,
                                     'X. > -  -
                                     Jos i ah P. Rowc,  I[

pe
                              (130)

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                     COMMONWF.fl.L1H OP VIRGINIA

                      HOUSE OF DELEGATES
                            R ICHMOND

                       November !''-,  ] 96c
!Vi .  jv. gene  T. Jensen
KC.'-.ioir, i  Director,  liddl e  Atlantic Ucgi on
Peeler.'.i  i.aler Pollution Control  Administration
i'ni tod  bfates Department of f,h°  Interior
"' ] •  bi ui'C t,  ,-s t ree I
Ci'.'ir i. O I" tcf i 11 e ,  \ J .'-,",: n 1 a  ^'''.'L

      o i T- :

         Thank you for  the  opportunity  to present  recommenda-
i  Lous  for  (lie preservation,  study, use;,  and  development  of
(ho  Nation's estuarine   resources.   It  IF impossible Tor  me
to ; ;>|>car  in person before  your-  group,  and I wouJ d appreciate
your reading this .1 e 11 " i and filing  hho  same in  the records.

         Vo •  being an  expert in  this  field, I can  only  caJ 1
v on !  r'tt<--it] ion  to uiattoT's  u<;ir,'  Lr-tve cor.ie  to my  p-art". i cnJ a r
irj!f-rc.~1  a s a state- 3 r>,", i s i <-< r or  r-ejiresenf Ln^;  tlio Frcdorjcl.s-
l»uit' ,  oj>o t sy 1 vania  atni   Stafford  nrea in  Virginia.   Stafford
(.ounty  Mas  a '>art icu}. ?. r apsociri' 'on with estuarine j>robleuis
since  its  northeastern   boun-'m-y  is tho  Potomac 'iiver,   which
has  a  nuubcf of  creeks   arid   o^ es  that  are  a  part  of Stafford's
/ o ort  and comiaeri ''a ;_
i' i s! J j n,'', lousiness  and  in )nori- j^eront years  to increasing'  rocre-
,'i ' ion;.!  ;>c I "> v i ties.

         ( o-.T.iio rc i a i  fisfieri;cn t a,\ e  for1  ye.'irs  earned theii"
i  Lvei i hood  from  the Potor.ioc and  -t< ,-/pahannock a.nd  their1 creeks
wlii  h  border Stafford  and  Spotsyj vania  Counties and other
-•- i hi i ] ar J y  situated  Virginia areas.  They are a \.elcome fixiui'e
an''  should  be encouraged and helped  in  every wa\  pos.-^ibJe.  A !-
the  saine  i, Liie, ther-e  is a  [•; rov;i nfj  activity of boal i. n,";  and
.re ! a t c ,1 waif 7" sports.    Fher<- arc  laws  and  regulation.0 whl< h
s^eiv 10 curtail  the use of  ' aese waters  by fisheriaen arid
s;»orti.nt''  enthusiasts,  'our  like any other regulations they
cannot  ajv.oys be  satisfactorily  enforced to  accomplish the
ends  eou;d.i .   One ov  the most vexing pi'obletns i ^  the placing
and  removal  of stakes  used  to hold fishing nets.   It is
impossible  to get ai!  of rhese srnkes  removed by  those who
place  them,  and  they  are a  definite danger to boating  and
water  ski ing enthusiasts.   It is  i.iy opinion  thai  soi.ie  practical
                              (131)

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-------
; r .  j',u, ',c i
\<>verbor
Page  rw o
             T .  Jensen
             , J96s periodically.   It  Is no t  enough to  say  that i aw enforc*
   nt officials  snoxild pi-event  the abandonment  of these stakes
    fishermen.   Naturally,  they  should try  to reduce  to a
   n i mu ;i  ',iu' number  of stakes left after the fishing  nets have
   on i cmo .-ed .   However,  it  is  impossible to keep everyone
   <»iving stakes  an<)  obstructions.   For  this  rea.con, we
   ;;' fn>,e t.he  f a c t  thar  someone  must  remove those stakes
       are abandoned.   The  .Vtate  of Virginia is  the primai-y
  i lion f j. which  is besf
                                 up  tohandle  This t asK
                                                            a n i i  r, h e
   . isiori  of Game and  Inland Fisheries  or  the j?i .she r i os (domini-
   on couJd accomplish it  with  the proper  financ!al  support
   (1  impetus.   If trie  State  is  not goin^j  to  a>. oept this
              >' ;. v ,  then  the  United  States interior Department
  >s pons 11; ' 1 ' ;. •
   f he GUI ps-  of  Army  1 nginec-rs  should  accept  i  t .
  '.'• t,  by railing  attention  to this situation  thai
  •t ion can Fie taken.
                                                           I  hope
                                                          some  such
          'ihero  is one  other particular problem  for th
 .1 • ii* ion  c. f which  I  appeal  to  you.  Many  years  a^,o  t,
 '.  rail ron-'J depot on  Atjuia  i. t-eek  in Stafford with piJ
 ui  iiif o  the Creek.   When  • ' is depot  was  abandoned,
 i 1 j n/vs  w^re Jeft  and nov  re/iain just off shore  at  a
 .iof  ufvaj- a point  oi'  land  near t .he mouth  of the  Cree
 to.ny  boater.- pass  on  entering  (he Creel. .   At certain
 !u.  ",i ' i nr;.'-' r^n-  be ftefn and at other  times, they  are
 he  surface.   They iepreserir  an  extreme and increasi
 o  sjitr; i 1  craft  navigation.   In fact,  a nuiaber  of bov
 'C-on  daijia;;<'fj upon  these p^J i n^s  arid although,  as ye I
 a\~e  been J os t ,  we have i een oxt rerueJy fortunate.   /•.
 f-cjueF1   i !:-•• ExpJosi- o Or;'' i nance  PcrsonneJ  at ^uantic
 ^at.cd she , ossibiJit i»-s ' 01  :-hoii  removing these j> LI
they  vvere
            not  oquippc .' t-t>  J o so.   They referred  me t
I .h
 esu.l
       a f.e '•  Deraoii* on  '1'eains  of  tne Amphibian Force o
       A tJ antic Fleet,  but  becaiise of  scfieduled coi;nai
                                As a  specific project  L ha
                               T  urge  you  to f;ivpe attenti
                                the V i rg nia t'^ariie and  Inl
                               'J  '"ioa^'n  ny request  for help
      WM\-'  unabJe to  helji.
        froih this hearing,
  r-oble''1.   i might add tha
  i f- h'- r-i »-s  (. orTuni s s i on ru^n
  roh ;<•!:,  sopif   time ago.
 : prompt
:iore  was
i rigs  set
the
 c r i t i c: a 1
< where
 times
 just  below
'ig danger
ts have
, no  1 i v e.«
t my
o investi-
ings  but
o the
T the
tments
t might
on to  this
and
 on  this
         Of com-se t  oi'e are i.ian>  othei  pj-oblems  whic i  e\f>erts
w .1 i i  uo doul.t  i>oint  out to  yon.   however,  I have  on'y  attempted
to  foc.us  the spotlight  on  tvo  places  where  action is needed
and  which  are  of special  Interest to  me as  a member of the
General Assembly from this  area.
                                   (132)

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' 1!' -   I1. I ' ,< IK   i ,  .! ft Off O !"1
\' ' ) ^  "ill! <  t   i  • ,   i V6 '
ij;i, ,f 'i iu f <"•
            l'i(  . •>«•••   undoj-sian '    i.'M  I  he  '!re;v.irn J   r>oJ 1-ii ion  oi'  Mir
• >oi oi"."i'-  .•;'""•   . i><  pi'C'Sf-iu^  need  ! or  co.rrori  • iv;   i t  nro  o/"  ^rorii
1 i,-  o ••.'•  >-,'  ---  .•!-, :   leaiand  our  a i ront ;on,  L)iir   ].  .11,1  Furo  ^ fxi  \\ i j  i
i '••'  c i  ' !•  .•!,-) ••   RU,^^;OS i  i on'   on   •• '•: i -  Mat for.    Xce'i i t: j- t-.  ' o  p?-y ,   I
.'••,','• ''•' •   "  - r •'  ;,  e f f o r '•'   r o   •- ' p •<•-1 :-•  : i. >  'lie  • • < > J i  u f; i o n   of  this  r i -ip' • r ,
Hi'   •'\   " i   •  ill ion  T-<.'   tun   '>  cor  - .:-'1 ifti'   -robleinf?   .loo?-  r3t>r,  in
,it)\  v,- ,   ; .' :sn  that,  1   -io  no',   i'-'i  >   ,-,tea;   ;ni.orp-Pi   in  i.ho  so.iutioii
P:'   '•!•-   -if-Jter i< ro!) i c;.i   an:)   oihc:   ini.'o  rant   needs  ot'  '.:oas(;fil
*."',,•, i  11 i  a .

            YC.U.   fit, tent i  fin  t    my  su^^'.^-s: ions   ivouJ  d   iif>  appreciated.

                                     i/i n c e r o ]  \'  your- j<"^\

                                                     *- - / / > /  i     ;  \
                                                       ^'-  ^fc-^-V/  .  v-
                                                       ;.!  i.ng? ,   J r .
                                           (135)

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APPENDIX

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                          APPENDIX   A


                          LIST OP REGISTRANTS

                   NATIONAL ESTUARINE POLLUTION STUDY

                            PORT MONROE, VIRGINIA

                              November 19, 1969
Colonel C. E. Adams, Jr.
U. S. Army Engineer District, Norfolk
803 Front Street
Norfolk, Virginia 23510

Mr. Max Ailon
Richmond Times-Dispatch
333 East Grace Street
Richmond, Virginia 23219
Mr. John Joseph Baecher
Norfolk Chapter
Izaak Walton League of America,
46th Street and Colley Avenue
Norfolk, Virginia  2350?
Inc.
Mr. Richard M. Bagley
Member, Virginia General Assembly
 House of Delegates
192T Pembroke Avenue
Hampton, Virginia 23361

Dr. Charles E. Bell, Jr.
Old Dominion College
Norfolk, Virginia  23508

Mr. Patrick J. Brady
Portsmouth Water Department
P. 0. Box 490
Portsmouth, Virginia 23705

Mr. Morris L. Brehmer
Virginia Institute of Marine Science
Gloucester Point, Virginia 23062

Raymond So Brown, M. D.
Gloucester, Virginia 23061
Mr. S. Mason Carbaugh
Virginia Department of Agriculture
 and Commerce
P. 0. Box 1163
Richmond, Virginia 23219

Mr. A- L. Cherry
U. S. Army Engineer
 District, Norfolk
Fort Norfolk, 803 Front Street
Norfolk, Virginia 23510

Mr. A. J. Chewning, III
Nansemond County
3908 Thalia Drive
Virginia Beach, Virginia  234 52

Dr. Allen K. Clark
Old Dominion College
Norfolk, Virginia 23508

Mr. James R» Coates
Norfolk Shipbuilding and Drydock Co.
5310 Edgewater Drive
Norfolk, Virginia  23508

Mrs. R. D. Cobb
League of Women Voters
Route 1, Box 175A
Norfolk, Virginia 23703

Mr. G. M. Cornell
Nansemond County
5214. North Main Street
Suffolk, Virginia 23^

Mr. James Corson
Superintendent, Colonial National
 Historical Park
P. 0. Box 10008
Richmond, Virginia 232^0

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Mr, Elbert Cox
Virginia Commission of Outdoor Recreation
9th and Main Streets
Richmond, Virginia 23219

Mr« Ehomas J» Crawford
Virginia Division of Water Resources
911 East Broad Street
Richmond, Virginia 23219

Mr. R. H. Cross, Jr.
Virginia Commission of Game
 and Inland Fisheries
7 North Second Street
Richmond, Virginia 23213

Mr. and Mrs. Stephen Cseplo
Mobil Chemical Company
401 East Main Street
Richmond, Virginia 23219

Mr. William C. Daley
Virginia Electric and Power Company
Route 1, Box 91
Yorktown, Virginia 23490

Mr. R* V. Davis
Virginia State Water Control Board
4010 West Broad Street
(P. 0. Box 11143)
Richmond, Virginia 23230

Mr. Arthur V. Deal, Jr.
Virginia Department of Health
5721 Sellger Drive
Norfolk, Virginia 23502

Mr. J» Stephen Dorrler
Atlantic Division
Naval Facilities Engineering Command
Naval Station - Code 11A
Norfolk, Virginia 23511

Mr. Charles Eanes
News Director
WVEC-TV
Norfolk, Virginia
Mr. Charles G. Ehly
E. I. duPont de Nemours
P. 0. Box 1477
Richmond, Virginia 23212

Mr. Walther B. Fidler
Member Virginia House
 of Delegates
Warsaw, Virginia 22572

Miss Anne Field
Virginia State Water Control Board
P. 0. Box 11143
Richmond, Virginia 23230

Mr. Arthur C. Freeman, III
Department of Public Works
City Hall
Norfolk, Virginia 23501

Mr. John Frye
National Fisherman
Kilanarnock, Virginia 22482

Mr, J. Gary Gardner
Federal Water Pollution
 Control Administration
918 Emmet Street
Charlottesville, Virginia 22901

Mr. Eugene K. Goffigner
Hampton Roads Sanitation District
P. 0. Box 1741
Norfolk, Virginia 23501

Mr. Thomas A. Gosink
Old Dominion College
Norfolk, Virginia 23508

Mr. A. W. Hadder
Virginia State Water Control Board
P. 0. Box 11143
Richmond, Virginia 23230

Mr. J. L. Hamrick, Jr.
Allied Chemical Corporation
Hopewell, Virginia 23860

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Captain Arthur Hancock
Captain of the Port
United States Coast Guard, Norfolk Group
Hampton Roads Area
P. 0. Box 4557
Norfolk, Virginia 23523

Mr. Robert W. Hanks
United States Bureau of
 Commercial Fisheries
Biological Laboratory
Oxford, Maryland 21654

Dr. William J. Hargis, Jr.
Virginia Institute of Marine Science
Gloucester Point, Virginia 23062

Mr. James Go Harrison
State Planters' Bank Building
Hopewell, Virginia 23860

Dr. Wyman Harrison
United States Department of Commerce
ESSA
439 W. York
Norfolk, Virginia 23510

Mr. Milton T. Hickman
Marine Resources Commission
 Commonwealth of Virginia
2*1-01 West Avenue
Newport News, Virginia 2360?

Mr. H. J. Hiemenz
Horne Brothers, Inc.
2408 Harbor Road
Newport News, Virginia 2360?

Mr. Edwin Holm
Virginia Division of Industrial
 Development
1010 State Office Building
Richmond, Virginia 23219

Mr. John A. Hope
Virginia State Department of Health
P. 0. Box 12418
Norfolk, Virginia 23602
Mr. Joseph A. Hartman
Dulaney Foods Division
Exmore, Virginia 23350

Mrs* Ho S. Keimling
Willoughby Civic League
 and Garden Club
1163 Little Bay Avenue
Norfolk, Virginia 23503

Mr. Re C. Kinzie
Southampton County
Courtland, Virginia 2383?

Mr. Carl Lamb
Staff Ranger, Southeast Region
National Park Service
P. 0. Box 10008
Richmond, Virginia 23240

Mr. Roman Lasota
Firestone Synthetic Fibers &
 Textiles Company
P. 0. Box 450
Hopewell, Virginia 23860

Mr. J. T. Lawless
U. S. Army Engineer District,
 Norfolk
803 Front Street
Norfolk, Virginia 23510

Mr. S. E. Liljegren
City of Portsmouth
Portsmouth, Virginia 23705

Mr. Frank G. MacMurray, Jr.
University of Virginia Law School
Route 5, Box 222
Charlottesville, Virginia 22901

Mr. Franklin P. McGinpes
Virginia Seafoods, Inc.
Irvington, Virginia 22480

Mr. Gregg C» McLeod
Gloucester County Health Department
Gloucester, Virginia 23061

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Mr. William R. Mark, Jr.
Atlantic Division, Atlantic
 Facilities Engineering Command
Naval Station
Norfolk, Virginia 23511

Laura ¥. Mason
Daily Press-Hampton
Hampton, Virginia

Mr. E. C. Meredith
Virginia Department of Health
109 Governor Street
Richmond, Virginia 23219

Mr. Donald B. Meyer
American Oil Company
P. 0. Box 578
Yorktown, Virginia 23490

Mr. Frank H. Miller
Hampton Roads Sanitation District
P. 0. Box 1741
Norfolk, Virginia 23501

Mr. G. D. Monola
Norfolk Health Department
401 Colley Avenue
Norfolk, Virginia 23507

Mr. C. M. Moyer, Jr.
City of Suffolk
P. 0. Box 1459
Suffolk, Virginia 23434

Mr. F. J. Murphy
General Electric Company
Portsmouth, Virginia 23705

Mr. John W. Palmer
Fort Eustis Engineer Office
Fort Eustis, Virginia 23604

Mrs. June A. Pearson
York County Property Owners'
 Association, Inc.
Route 4, Box 163
Yorktown, Virginia 23490

Mr. M. G. Pendleton, Jr.
Portsmouth Health Department
439 Green Street (P. 0. Box 250)
Portsmouth, Virginia 23703
Mr, Anthony G. Petropoulas
Old Dominion College
Norfolk, Virginia 23508

Mr. J, I. Pettit
FMC-American Viscose Division
Fredericksburg, Virginia 22401

Mr, J. M. Pharr
Department^ of Public Utilities
City of Newport News, Virginia
108 Main Street
Newport News, Virginia 23601

Mr. Arthur W. Plummer
Chesapeake Corporation
 of Virginia
West Point, Virginia 23181

Captain F. C. Ray, U.S.A. (Ret.)
City of Norfolk
City Hall
Norfolk, Virginia 23501

Mr. Theadore B. Ray
Newport News Shipbuilding and
 Drydock Company
04l-Plant Engineers Division
 N.N.S. & D.D. Co.
4101 Washington Avenue
Newport News, Virginia 23607

Mr. William T. Reilly
Southeastern Virginia
 Regional Planning Commission
110 West Plume Street
Norfolk, Virginia 23510

Mr. Kenner C. Rice, Jr.
U. S. Department of Agriculture
Soil Conservation Service
Warsaw, Virginia 22572

Mr. C. J. Robin
U. S. Army Engineer District, Norfolk
803 Front Street
Norfolk, Virginia 23510

Mr. Loring W. Rue
Virginia Chemicals
Portsmouth, Virginia 23505

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Mr. Joseph B. Sadler
Southern Materials Co . ,
P. 0. Box 420
Norfolk, Virginia 23501
                        Inc .
Mr. Albert E. Sanderson, Jr.
Maryland Department of Water Resburces
State Office Building
Annapolis, Maryland 21401

Mr. E. R. Simmons
 Irginia State Water Control Board
   0. Box 11143
-Jchmond, Virginia 23230

Mr. E. R. Simmons
Soil Conservation Service
Franklin, Virginia 23851

James A. Smith, M. D.
Henrico County
Box 3-V
Richmond, Virginia 23207

Mr. Robert Spessard
Virginia State Water Control Board
P. 0. Box 11143
Richmond, Virginia 23230

Mr. E. H. Stewart
Southern Materials Co«, Inc.
1300 Willis Road
Richmond, Virginia 23234

Mr. M. Mo Sutherland
Virginia Department of Conservation
 and Economic Development
911 East Broad Street
Richmond, Virginia 23219

Mr. Millard B. Thomas
York County Property Owners'
 Association, Inc.
4 Thomas Road
Yorktown, Virginia 23490

Mr. Maurice A. Thorne
Westmoreland County Commission
Route 1
Tucker Hill, Virginia 22488
Mr. William G. VanSant, Jr.
Norfolk Chapter, Izaak Walton
 League of America, Inc.
46th Street and Colley Avenue
Norfolk, Virginia 23508

Mrs. Edwin A. Vaughan
Willoughby Garden Club
1332 W. Ocean View Avenue
Norfolk, Virginia 23503

Mro Roscoe B. Walker
Dulaney Foods Division
Exmore, Virginia 23350

Mr. Louis Washer, Jr.
City of Richmond
217 Governor Street
Richmond, Virginia 23219

Dr. Charles E. Waters
Allied Chemical Corporation
P. 0. Box 6l
Hopewell, Virginia 23860

Mr. C. W. Wiley
Virginia State Health Department
James Madison Building
Richmond, Virginia 23219

Mr. J. Lo Womack
City of Newport Hews
118 Main Street
Newport News, Virginia 23601

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