The following comments are being submitted on behalf of the Chesapeake Bay Nutrient Land Trust (CBNLT).   CBNLT is active in pursuing innovative and market based approaches to addressing water quality issues.  Included in these initiatives is the creation of nonpoint nutrient offsets (Offsets) and promoting legislation (HB 2168) to allow the use of Offsets to address stormwater water quality issues.  Offsets represent state certified nutrient reductions in excess of those otherwise required by or funded under state or federal law or by the tributary strategies and are available to meet certain point source and stormwater permit water quality compliance needs.

            Offsets provide numerous benefits for water quality and land development. I have provided to the DCR Regulatory Coordinator a copy of the comments made by CBNLT’s managing member, Brent Fults, on August 3, 2009, before the United States Senate Committee on Environment and Public Works, Water and Wildlife Subcommittee that includes a more extensive discussion of Offset benefits.  In sum, Offset generating facilities: foster perpetual land preservation; achieve phosphorus and nitrogen reductions prior to development impacts rather than after; promote activities that exceed “baseline” requirements and that exceed other state or federal requirements; have ease of monitoring and maintenance; and have proven, highly conservative, nutrient reduction benefits.  In addition, the availability of Offsets has significant benefits to the development community by providing an effective means to address those nutrient reductions that are difficult to achieve on site.  This is turn provides a mechanism to promote redevelopment and infill development where nutrient capture may be difficult to achieve on site.

            CBNLT encourages the Virginia Soil and Water Conservation Board to conform its regulations to HB 2168 and promote the use of Offsets.  The proposed regulations should incorporate provisions relating to Offsets consistent with that legislation and should be designed to encourage opportunities for their use.  While not all inclusive, some specific areas that may assist in this include adding Offsets as an option in Section 50-60-65 and providing in Sections 50-60-65 H and 50-60-122 the HB 2168 prohibition on waivers unless no off-Site options, including Offsets are available. 

            CBNLT stands ready to assist in incorporating Offsets into the stormwater regulations.  Please do not hesitate to contact me or Brent Fults with questions or for assistance.

                                                            Sincerely,

                                                            Shannon R. Varner