62.1-132.20 - Craney Island Disposal Area. - Virginia Statutes

§ 62.1-132.20. Craney Island Disposal Area.

A. No agency of the Commonwealth, including the Virginia Port Authority,shall have the authority to expand the Craney Island Disposal Area northwardor westward or beyond its present capacity or to cause activities which willresult in such expansion of the Craney Island Disposal Area. In addition, nostate funds shall be expended for any activities which will result in theexpansion of Craney Island northward or westward or beyond its presentcapacity as a disposal area for material dredged from any site, including theHampton Roads Harbor. However, the Commonwealth and the Virginia PortAuthority are authorized to expend state funds for a feasibility study and anenvironmental impact study related to the potential expansion of CraneyIsland to the east for an additional marine terminal.

B. The Virginia Port Authority is hereby directed, in coordination with otherstate and federal agencies, including the United States Army Corps ofEngineers, to locate, establish, and use ocean disposal areas forocean-suitable dredge materials from the Hampton Roads Harbor, or some othersuitable site, and to use the existing Craney Island Disposal Area for dredgematerial suitable or unsuitable for alternate disposal, including oceandisposal, with priority given to materials dredged from the Southern Branchof the Elizabeth River. The construction of a marine terminal on the easternside of Craney Island Disposal Area using dredge material to extend thedisposal area eastward, as defined in the U.S. Army Corps of EngineersFeasibility Study approved on October 24, 2006, and authorized by Congress inthe Water Resources Development Act of 2007, is hereby authorized.

C. Prior to the disposal of any dredged material either at an ocean area oron the Craney Island Disposal Area, after the Craney Island Disposal Area hasattained its capacity limit, the appropriate state agencies shall investigateand consider the cost and availability of beneficial uses of the dredgedmaterial. The appropriate state agencies shall consult with state and federalagencies to ensure the environmental acceptability of any beneficial use.When such environmentally acceptable beneficial use is available andeconomically feasible, the appropriate state agencies shall pursue such use.

For purposes of this section, "Craney Island Disposal Area" means thatparcel of land lying and being in the body of water known as Hampton RoadsHarbor, within the City of Portsmouth and adjacent to the City of Suffolk.

(1991, c. 686; 1998, c. 543; 2009, c. 38.)