FINDINGS FOR THE
  VIRGIN ISLANDS COASTAL NONPOINT PROGRAM


FOREWORD

     This document contains the findings for the coastal
nonpoint pollution control program submitted by the Government
of the Virgin Islands of the United States (Virgin Islands) pursuant
to Section 6217(a) of the Coastal Zone Act Reauthorization
Amendments of 1990 (CZARA).  The findings are based on a
review of the Virgin Islands 6217 Coastal Nonpoint Pollution
Control Program.  The National Oceanic and Atmospheric
Administration (NOAA) and the U.S. Environmental Protection
Agency (EPA) reviewed this information and evaluated the extent
to which it conforms with the requirements of CZARA.

     NOAA and EPA commend the Virgin Islands on the
substantial amount of time and effort put into developing your
program and we appreciate the commitment you have shown to
complete an ambitious task with limited resources.  We will
continue to work with coastal states and territories to ensure that
these findings represent an accurate assessment of current state and
territory abilities and efforts to address coastal nonpoint source
pollution.  We recognize that there may be further administrative
changes to the coastal nonpoint program that will impact these
findings and we assure you that, once such changes are finalized,
we will review these findings in light of the changes and make any
necessary adjustments. 


APPROVAL DECISION

     NOAA and EPA approve the coastal nonpoint pollution
control program submitted by the Government of the Virgin
Islands of the United States pursuant to Section 6217(a) of the
Coastal Zone Act Reauthorization Amendments of 1990, subject to
certain conditions.  

     This document provides the specific findings used by
NOAA and EPA as the basis for the decision to approve the Virgin
Islands program.  It also provides the rationale for the findings and
includes conditions that will need to be met for the Virgin Islands
to receive final approval of its program.  The timeframes
associated with conditions become effective on the date of the
approval letter for these findings.
INTRODUCTION

      This document is organized by the major nonpoint source
categories and subcategories identified in the section 6217(g)
guidance and the administrative elements identified in the program
guidance (including the boundary for the 6217 management area). 
Where appropriate, NOAA and EPA have grouped categories and
subcategories of management measures into a single finding.  The
structure of each finding follows a standard format.  Generally, the
finding is that the Virgin Islands program includes or does not
include management measures in conformity with the (g) guidance
and includes or does not include enforceable policies and
mechanisms to ensure implementation.  For further understanding
of terms in this document, the reader is referred to the following:

Guidance Specifying Management Measures for Sources of
Nonpoint Pollution in Coastal Waters (EPA, January 1993)
Coastal Nonpoint Pollution Control Program:  Program
Development and Approval Guidance (NOAA and EPA, January
1993)
Flexibility for State Coastal Nonpoint Programs (NOAA and EPA,
March 1995)

     The references in this document refer to the Virgin Islands
6217 Coastal Nonpoint Pollution Control Program ("program
submittal").  NOAA and EPA have written this document as
succinctly as possible.  We have relied upon, but do not repeat
here, the extensive information that the Territory has included in its
program submittal.  Further information and analysis is contained
in the administrative record for this approval decision and may be
reviewed by interested parties at the following locations:

EPA/Office of Wetlands, Oceans and Watersheds
Assessment and Watershed Protection Division 
Nonpoint Source Control Branch
401 M St., SW (4503-F)
Washington, DC  20460
Contact:  Ed Drabkowski (202-260-7009)

EPA Region II (2WMWSP) 
290 Broadway 
New York, NY  10007-1866
Contact:  Donna Somboonlakana (212-637-3700)

NOAA/Office of Ocean and Coastal Resource Management
Coastal Programs Division
SSMC-4, N/ORM3
1305 East-West Highway
Silver Spring, MD  20910
Contact:  Jewel Griffin (301-713-3109, Ext. 163)




     I.   BOUNDARY

FINDING:  The Virgin Islands has included the entire Territory as
the management area within which it will implement the coastal
nonpoint program.  Therefore, the Virgin Islands 6217
management area is sufficient to control the land and water uses
that have or are reasonably expected to have a significant impact
on the coastal waters of the Virgin Islands.

     II.  AGRICULTURE
         
FINDING:  The Virgin Islands program includes management
measures in conformity with the 6217(g) guidance and includes
enforceable policies and mechanisms to ensure implementation
throughout the 6217 management area.
         
RATIONALE:  The Department of Agriculture (DOA), the Virgin
Islands Conservation District (VICD), and the Department of
Planning and Natural Resources (DPNR) finalized a Memorandum
of Understanding (MOU) on December 4, 1995 that establishes a
mechanism to ensure implementation of the agricultural
management measures.  Under the MOU, VICD will develop
conservation plans in accordance with the Natural Resources
Conservation Service Field Office Technical Guide that will be in
conformity with the 6217(g) measures.  Farmers who do not
voluntarily request development of a conservation plan will be
required to develop an earth change plan pursuant to the
Environmental Protection Law, Title 12, Chapter 13, Virgin
Islands Code (VIC) 533.  Earth change plans developed on
agricultural land contain erosion control, nutrient and pesticide
management plans that can be used to address the agricultural
management measures.

     The conservation plans and earth change plans are
enforceable.  DOA's roles under the MOU are to monitor farms for
compliance, record the level of compliance, and notify DPNR and
farmers of noncompliance with conservation plans.  VICD, in
addition to developing conservation plans, will provide technical
assistance to farmers not in compliance.  DPNR will monitor
coastal waters for agricultural pollutants and monitor farms
without conservation plans for compliance with earth change plans. 
In cases of noncompliance with either conservation plans or earth
change plans, DPNR will take enforcement action under the rules
and regulations of the Virgin Islands Coastal Zone Management
Act (VICZMA) and the Environmental Protection Law.

     III. FORESTRY

FINDING:  The Virgin Islands has provided sufficient
justification to support a categorical exclusion of forestry from its
coastal nonpoint program.

RATIONALE:  As described on pages 102-105 of the program
submittal, commercial forestry is not viable in the Virgin Islands. 
There is limited forestry activity on St. Croix, but no formal or
official forestry program currently exists in the Territory.  From
1955 to 1972, a forest regeneration program was established on St.
Croix for research purposes only.  Due to past land use patterns
associated primarily with the cultivation of sugar cane, much of the
island is covered with second growth and scrubby timber
composed of non-commercial species.  Other factors that preclude
commercial forestry are land ownership patterns, competition for
alternative uses of the land, soils and topography.  A large portion
of the forested lands are inaccessible and situated on steep slopes. 
Therefore, such limited forestry activities do not and are not
reasonably anticipated to present significant adverse impacts to
coastal waters.

     IV.  URBAN

     A.   NEW DEVELOPMENT

FINDING:  The Virgin Islands program includes management
measures in conformity with the 6217(g) guidance, except for
projects that are not required to submit a major land development
permit application.  The Virgin Islands program includes
enforceable policies and mechanisms that can be used to ensure
implementation.
          
CONDITION:  Within three years, the Virgin Islands will include
in its program management measures in conformity with the
6217(g) guidance for projects that are not required to submit a
major land development permit application and revise existing
programs as proposed on page 46 and appendix 9 of the program
submittal.
          
RATIONALE:  The Virgin Islands has a thorough process for
review of development activities in the 6217 management area,
including requirements for (Major and Minor) Land and Water
Development Permits.  This review is intended to minimize the
adverse impacts of development on marine productivity, habitat
value, storm buffering capability and water quality.  The two
primary authorities for development review are the VICZMA,
which requires coastal zone management (CZM) permits, and the
Environmental Protection Program, which requires earth change
permits.  Currently, there are two tiers (first tier and second tier)
defined under the VICZMA and two application forms used for
CZM permits and earth change permits.  As part of the CZM
permit application, an Environmental Assessment Report (EAR) is
required for all water projects (Major and Minor) and all Major
land development projects in the first tier.  In the second tier, an
earth change permit is required in accordance with the
Environmental Protection Law.  The Territory has proposed to: 1)
amend its program to require nonresidential developments to
implement approved storm water practices and 2) to revise the
rules and regulations for earth change permits to make them
consistent with the requirements, review process and applicability
of the VICZMA.  The proposed revisions to the Rules and
Regulations of the Environmental Protection Program are included
as appendix 9 of the program submittal.  Upon adoption of the
revised rules and regulations, a single Earth Change/EAR
application will be used.
          
     Subsequent to the initial program submittal, the Virgin
Islands submitted supplemental information that included a revised
major land development permit application.  Section I of the
application includes item 5.02.05, Stormwater Drainage, which
lists TR-55 calculations as a requirement of the application. 
Section 6.03(d) of the EAR Guidelines for Land Development
requires that post-development peak runoff rates and average
volumes must be maintained at levels that are similar to pre-
development levels.  Section 6.03(f) of the EAR Guidelines for
Land Development further describes what is necessary for
stormwater calculations:  "Include TR-55 to show
postdevelopment loadings of TSS reduced so that the average
annual TSS loadings are not greater than predevelopment
loadings."  These requirements are in conformity with the 6217(g)
guidance but are limited in their applicability to major permit
applications.  Not included are minor projects, described on page
46 of the program submittal as including subdivisions, construction
of one or two single-family residences, construction of a duplex
and improvement to an existing structure.  Because of limited land
availability and potential for cumulative impacts from small-scale
development, the Virgin Islands needs to include in its program
stormwater management measures for projects that are not subject
to major permit application requirements.

     B.   WATERSHED PROTECTION and EXISTING
     DEVELOPMENT
          
FINDING:  The Virgin Islands program includes management
measures in conformity with the watershed protection management
measure and includes enforceable policies and mechanisms to
ensure implementation for both watershed protection and existing
development, except in areas currently delineated as the second tier
under the VICZMA.  The Virgin Islands program does not yet
include management measures for existing development in
conformity with the 6217(g) guidance.

CONDITION:   Within two years, the Virgin Islands will
complete development of a Watershed Management Plan, as
described on page 50 of the program submittal.  Within three years,
the Virgin Islands will finalize the proposed revisions (included as
appendix 9 of the program submittal) to the rules and regulations
of the Environmental Protection Program to make them consistent
with the requirements, review process and applicability of the
VICZMA.
          
RATIONALE:  The designation of Areas of Particular Concern
(APCs), Environmental Protection Program, and the requirements
for an EAR under the VICZMA provide a strong foundation for
watershed protection.  In particular, section 906 of the VICZMA
provides for the conservation of significant natural areas to protect
marine productivity, habitat value and storm buffering capabilities
through the CZM permit review process.  Development in the first
tier is reviewed for consistency with these broadly written goals. 
This process assures that the environmentally sensitive areas
identified in the watershed protection management measure are
protected.  As described above under new development, when
amended as proposed, the earth change permit requirements and
associated review will be based on the same criteria as those used
for CZM permitting activities in the first tier, affording equivalent
levels of protection throughout the 6217 management area.
               
     This review process, although protective on a site level
basis, does not necessarily result in a watershed level focus.  The
Virgin Islands is encouraged to increase the degree of emphasis
and coordination at the watershed level for all watersheds and to
pursue the adoption of management plans for its eighteen APCs.
          
     To address the existing development management measure,
the Virgin Islands has proposed to develop a Watershed
Management Plan consistent with the Land and Water Use Plan
that prioritizes watersheds for implementation of best management
practices.  This proposal includes a schedule of implementation for
existing sources.  As proposed, the Watershed Management Plan
will result in conformity with the existing development
management measure by prioritizing watersheds for the
implementation of best management practices and including a
schedule for implementing appropriate controls.

     C.   SITE DEVELOPMENT, CONSTRUCTION SITE
     EROSION AND SEDIMENT CONTROL and
     CHEMICAL CONTROL
          
FINDING:  The Virgin Islands program includes management
measures in conformity with the 6217(g) guidance and includes
enforceable policies and mechanisms to ensure implementation.

RATIONALE:  The revised Handbook for Homebuilders and
Developers provides clear guidelines to follow in implementing the
site development management measure.  The Environmental
Protection Law, VICZMA, and Title 12, VIC, Chapter 3, 123
(Trees and Vegetation Adjacent to Watercourses) provide
authorities that can be used to ensure implementation of the site
development management measure.  The VICZMA and the
Environmental Protection Program require permits for all earth
change activities.  The development application and checklists for
these permits, coupled with the Environmental Protection
Handbook, provide both guidance and a review process to assure
that proper erosion and sediment and chemical control are
implemented by applicants for development projects.  Major
projects in the coastal zone are also required to submit an EAR. 
Compliance with the erosion and sediment control requirements
for both earth change and CZM permits is verified by a site visit by
the Earth Change Officer.  Under the Environmental Protection
Law, cease work orders, arrest of violators and fines may be used
to ensure compliance with permits.

     The Virgin Islands is encouraged to finalize the draft
Development Applications and Checklists described on page 46 of
the program submittal.  The adoption of these checklists will
provide a consistent and objective basis by which to evaluate
proposed projects and their potential environmental impacts.
          
     NOAA and EPA also recommend that the Virgin Islands
establish, through the VICZMA and earth change permit processes
and accompanying erosion and sediment control plans:
1) a minimum time period within which revegetation of exposed
soil on a site should occur and within which temporary soil
stabilization measures should be in place following land clearing;
and 2) a requirement that permanent stabilization measures be in
place before a certificate of occupancy is issued.

     D.   NEW and OPERATING ONSITE DISPOSAL
     SYSTEMS (OSDS)
          
FINDING: The Virgin Islands program does not yet contain
management measures in conformity with the 6217(g) guidance
but includes enforceable policies and mechanisms to ensure
implementation.
          
CONDITION:  Within two years, the Virgin Islands will amend
its program to include measures for alternative systems in areas
unsuitable for conventional systems, appropriate performance
standards for the alternative systems, and measures to assure that
existing failing systems are repaired or replaced.  
          
RATIONALE:  The Virgin Islands, through Section 1404-72 of
the Sanitation Regulations, has broad enforcement authority to
address water pollution related to OSDS.  The Virgin Islands has
recognized, however, that revisions to its existing program are
needed to address several major program deficiencies and has
proposed changes to fill these gaps.  Chief among these necessary
changes is the need to provide management measures that protect
coastal water quality where conventional OSDS are not suitable
and in areas where additional nitrogen reduction is needed.  The
proposed measures for alternative systems will address both of
these issues.

     In addition, the Virgin Islands has acknowledged the need
to enhance its program to ensure that existing OSDS are inspected,
operated and maintained properly.  As described on page 58 of the
program submittal, the Virgin Islands has proposed several actions
to address failing and failed systems.  The Territory proposed to
begin inspection of existing systems by October, 1996.  An
inventory of reported failures will be used to conduct inspections
and the DPNR will require remedial actions for failed systems. 
The Virgin Islands is strongly encouraged to pursue these efforts,
recognizing that inspection and replacement of existing systems
may need to be phased in over the timeframe for full coastal
nonpoint program implementation.

     E.   POLLUTION PREVENTION
          
FINDING:  The Virgin Islands program includes management
measure in conformity with the 6217(g) guidance.

RATIONALE: As described on pages 61-65 of the program
submittal, the Virgin Islands has numerous pollution prevention
programs that address the elements of the pollution prevention
management measure.  Of particular note are the publications, slide
shows, presentations and activities of the Cooperative Extension
Service of the University of the Virgin Islands.  NOAA and EPA
encourage the Virgin Islands to expand program activities to
include turf/golf course management and pet waste management.

     F.   ROADS, HIGHWAYS, AND BRIDGES
          
FINDING:  The Virgin Islands program includes management
measures for roads, highways, and bridges in conformity with the
6217(g) guidance, except for the management measures for
operation and maintenance and runoff systems.  The program
includes enforceable policies and mechanisms to ensure
implementation, except the Virgin Islands program does not apply
to existing roads, highways and bridges that contribute to adverse
effects in surface waters.

CONDITION:  Within three years, the Virgin Islands will include
in its program management measures in conformity with the
6217(g) guidance for operation and maintenance and runoff
systems and include enforceable policies and mechanisms to
ensure implementation for existing roads, highways and bridges
that contribute to adverse effects in surface waters.

RATIONALE:  The Virgin Islands earth change and CZM permit
programs include authorities and associated requirements to ensure
implementation of the roads, highways, and bridges management
measures as they relate to new developments.  As described above
for the new development management measure, the Virgin Islands
is planning a comprehensive program revision that will consolidate
reviews and revise checklists to make permitting requirements
consistent.  These changes will further improve the ability to
implement the planning, siting, and development, construction
project and chemical control management measures for roads,
highways and bridges.

     The Department of Public Works has authority to conduct
maintenance activities under Highways and Motor Vehicles Title
20, Chapter 1 VIC Section 1, but a program to address the
operation and maintenance of existing roads is not described. 
NOAA and EPA recommend that the Virgin Islands consider
including operation and maintenance practices that apply during
and after construction in permit applications, checklists, and any
associated technical references that may be developed.  Title 20,
Chapter 1 VIC, Section 43 requires the Governor to submit to the
Virgin Islands legislature long-range road and highway programs
and recommendations for improvement.  These programs could be
used to address the runoff systems management measure if the road
and highway projects include improvements to existing runoff
control structures.

     V.   MARINAS AND RECREATIONAL BOATING

FINDING:  The Virgin Islands program includes management
measures in conformity with the 6217(g) guidance and includes
enforceable policies and mechanisms to ensure implementation.

RATIONALE:   New and expanding marinas in the Virgin Islands
are required to obtain a CZM permit.  This permit must include an
EAR.  EAR guidelines have recently been revised to include
supplemental EAR guidelines for marina development.  These
supplemental guidelines provide the EAR preparer/permit
applicant with the management measures, which "must" be
addressed in the EAR, as well as "recommended practices" that can
be used to implement the management measures.  These guidelines
apply to the construction of new marinas, the expansion of existing
marinas, and the operation and maintenance of existing marinas.

     The Virgin Islands has several enforceable policies and
mechanisms that can be used to ensure implementation of the
marinas operation and maintenance management measures.  These
authorities address solid and hazardous waste, fish waste, liquid
material, petroleum control, boat cleaning, and boat operation and
are contained in the Virgin Islands Code, Title 12, Chapter 17;
Title 19, Chapter 56; and Title 25, Chapter 12 and 16 and Section
408(c).  In response to concern over environmental impacts of jet
skis, rules and regulations have been promulgated to regulate the
use of personal watercraft in the Territory.

     VI.  HYDROMODIFICATION
         
FINDINGS:  The Virgin Islands program includes management
measures in conformity with the 6217(g) guidance and enforceable
policies and mechanisms to ensure implementation of the
management measures, except the Virgin Islands program does not
include a process to improve surface water quality and restore
instream and riparian habitat through the operation and
maintenance of existing modified channels.

CONDITION:  Within three years, the Virgin Islands will develop
a process to improve surface water quality and restore instream and
riparian habitat through the operation and maintenance of existing
modified channels.

RATIONALE:  The Virgin Islands Building Code and the CZM
Program implement the elements of the management measures for
channelization and channel modification and for shorelines and
streambanks, except for restoration of instream and riparian habitat
through the operation and maintenance of existing modified
channels.  Projects involving channel alterations consider overall
stability of the channel, flood carrying capacity, and effects on
water velocity caused by steepening or other alterations.  The Code
provides for stabilizing side slopes and stream bottoms with grass,
adding spillways and shaping stream beds wherever land clearing
and grading occur near altered stream channels.  Large trees are
protected wherever they offer no obstruction to flow.  Additional
practices are used where necessary to ensure efficient function and
stability of streams.  The VICZMA requires that all development
be designed to minimize adverse impacts on habitat and water
quality and prohibits land development within 100 feet of mean
high tide, except for preparation of access ways to the beach.

     Subsequent to the program submittal, the Virgin Islands
provided additional information on the freshwater environment in
the Virgin Islands.  Though the existence of small streams (guts) is
very limited in the Virgin Islands, it appears that there are
opportunities to improve instream and riparian habitat in some of
the existing modified channels.  NOAA and EPA encourage the
Virgin Islands to identify opportunities to restore instream and
riparian habitat in those channels in order to meet the condition
above.

     In the program submittal, the Virgin Islands requested an
exclusion for dams.  The Virgin Islands has eight dams, of which
seven provide water supply for agriculture and are operated and
maintained in conformance with conservation plans developed by
the Department of Agriculture.  For these agricultural dams, the
erosion and sediment control and chemical and pollutant control
management measures for dams are addressed through Earth
Change plans for agricultural lands.  The management measure to
protect surface water quality and habitat from the effects of dams is
inapplicable to the Virgin Islands because of the absence of
perennial streams and unique hydrology of the Territory.  The
eighth dam (Creque Dam) is no longer in use and impounds a dry,
silted-in reservoir.  Because this dam is not functional and does not
impound surface water, it is not subject to the dams management
measures.

     The management measure for eroding streambanks and
shorelines does not apply to the Virgin Islands program because: 
(1) there are no perennial streams in the Virgin Islands, and (2) the
(g) management measure does not apply to open ocean shoreline,
which characterizes the shorelines of the Virgin Islands.

VII.  WETLANDS, RIPARIAN AREAS AND VEGETATED
TREATMENT SYSTEM
         
FINDING:  The Virgin Islands program includes management
measures in conformity with the 6217(g) guidance and includes
enforceable policies and mechanisms to ensure implementation,
except there are exemptions and limitations in the geographic
coverage of the program.
         
CONDITION:  Within three years, the Virgin Islands will develop
a process to identify and implement opportunities to remedy
problems in wetlands/riparian areas that do not come up for review
under existing permit authorities.

RATIONALE:  The Virgin Islands requires permits for
disturbance of any growth of mangroves (which comprise the bulk
of Virgin Islands wetlands).  The policy in granting mangrove
permits is to prevent a net loss of wetlands.  The Virgin Islands
also evaluates impacts of proposed development on wetlands
habitat at the site.  When wetlands are degraded due to improper
development, the CZM Program can initiate mitigative measures,
but because of a staff shortage and because the Virgin Islands Land
Development Permit contains a joint CZM-Corps of Engineers
application process, staff prepare and submit a report to the U.S.
Army Corps of Engineers.  The Corps then implements mitigative
practices.

     The CZM permitting process protects wetlands and riparian
areas on a case-by-case basis as projects in wetlands are reviewed
under existing permit authorities. However, the Virgin Islands
program does not provide for implementation of management
measures in the absence of a permit application for a proposed
alteration or modification to an existing wetland.

     To implement the management measure promoting
restoration of wetlands and riparian areas, the Territory supports
the purchase of environmentally sensitive areas for conservation
and restoration purposes through the Natural Resources
Reclamation Fund, which collects fees from rents, reclamation
projects, permits, and fines paid pursuant to the provision of the
VICZMA.

     Because of topography and climate, the Virgin Islands does
not always recommend retention structures to treat stormwater
runoff.  However, the Virgin Islands routinely requires
establishment of vegetation at disturbed sites and vegetated filter
strips to treat stormwater  runoff.  The Virgin Islands utilizes these
practices to reduce stormwater impacts and may include such
practices as permit conditions.  The Virgin Islands intends to
pursue this strategy to implement the management measure to
promote the use of vegetated treatment systems.

VIII.  ADMINISTRATIVE COORDINATION

FINDING:  The Virgin Islands program establishes mechanisms
to improve coordination among territorial agencies and between
cooperating federal and regional agencies.

RATIONALE:   The Virgin Islands proposes to implement the
coastal nonpoint program through a combination of existing
territorial authorities administered by agencies identified on pages
122-123 of the program submittal.  The DPNR is the lead agency
which will ensure implementation of the management measures in
the Territory.  DPNR has worked cooperatively with relevant
agencies and academic institutions in the Virgin Islands to provide
the basic structure for coastal nonpoint program development. 
Coordination mechanisms include MOUs (between the DPNR, the
Virgin Islands Conservation District and the Department of
Agriculture) to implement the agriculture measures and an
Interagency Agreement (between DPNR and the U.S. Department
of the Interior Geological Survey) for the operation and
maintenance of surface water, ground water and sediment
monitoring stations in the Virgin Islands.  Additionally, the Virgin
Islands Nonpoint Source Pollution Technical Committee,
comprised of representatives from all agencies who are responsible
for program development and implementation, is a mechanism to
ensure nonpoint source management issues are considered by the
respective entities. 

IX.  PUBLIC PARTICIPATION

FINDING:  The Virgin Islands program provides opportunities for
public participation in the development and implementation of the
coastal nonpoint program.

RATIONALE:  In the program submittal, the Virgin Islands
describes several activities that provide opportunities for public
participation in the coastal nonpoint program during the
preparation and implementation phases.  These opportunities
include conducting several public meetings and workshops
throughout the Virgin Islands and an annual Virgin Islands
Nonpoint Source Conference.  In addition, an MOU was initiated
(between the DPNR and University of Virgin Islands) to develop
and support education and public awareness programs.  The Virgin
Islands Nonpoint Source Pollution Technical Committee is
responsible for coordinating and disseminating current and future
nonpoint source outreach and technical assistance materials to the
public and interested parties.  Public comments were received on
the program document (published July 1995).  The Virgin Islands
has provided for additional opportunities for public review of
program elements that were missing from the original submittal.

X.  TECHNICAL ASSISTANCE

FINDING:  The Virgin Islands program includes programs that
will provide technical assistance to the public for implementing
additional management measures.

RATIONALE:  In the program submittal, the Virgin Islands
describes a variety of technical assistance initiatives available to
the general public, including the DPNR's new policy on providing
assistance to other governmental agencies and interested persons
about standard procedures for permit approval and compliance
with requirements and regulations for development.  Technical
Assistance is provided through guidance documents, training, and
one-on-one assistance.

XI.  CRITICAL COASTAL AREAS

FINDING:  The Virgin Islands program identifies a process for the
continuing identification of critical coastal areas adjacent to
impaired and threatened coastal waters.

RATIONALE:  In the program submittal, the Virgin Islands
identifies eighteen APCs that could be considered critical coastal
areas.  These APCs, previously designated under the authority of
VICZMA, generally follow the second approach described in the
program guidance whereby the Virgin Islands relies on site-specific
evaluations of APCs, established on an ecosystem basis, to identify
impaired or threatened coastal waters.

XII.  ADDITIONAL MANAGEMENT MEASURES

FINDING:  The Virgin Islands program provides for
implementation and continuing revision of additional management
measures applicable to critical coastal areas and cases where (g)
measures are fully implemented but water quality threats or
impairments persist.

RATIONALE:  The DPNR is currently developing
comprehensive management plans for eighteen previously
designated APCs identified in the program submittal.  Upon
adoption, the plans will provide a mechanism to implement
additional management measures as required for each APC.


XIII.  MONITORING
          
FINDING:  The Virgin Islands program does not include a plan to
assess over time the success of the management measures in
reducing pollution loads and improving water quality.

CONDITION:  Within one year, the Virgin Islands will develop a
plan that enables the Territory to assess over time the extent to
which implementation of management measures is reducing
pollution loads and improving water quality.  

RATIONALE:  In the program submittal, the Virgin Islands
describes its ambient monitoring program (AMP), compliance
monitoring efforts, and its section 319 storm-event monitoring
program, but does not describe how they will be applied to the
section 6217 program.  Each of these efforts has the potential to
help the Virgin Islands assess over time whether the management
measures are reducing pollution loads and improving water quality. 
For example, the AMP could possibly be useful for measuring
impacts to near-coastal waters on a "watershed" basis.  The
"detailed, high frequency sampling programs for specific projects"
described on page 124 could possibly be suitable for assessing the
effectiveness of individual management measures.  The section
319 storm-event monitoring could possibly be used to assess the
success of the management measures at either the watershed or
site-specific scale.  The Virgin Islands should consider these
options in developing its plan.

     The Virgin Islands should also include some tracking of
management measure implementation in conjunction with water
quality monitoring, as such information is needed to assess the
success of management measures in achieving water quality
objectives.