Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part III - Administrative and Technical Criteria › Section 9VAC25-900-100 - Establishing baseline

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Practices for establishing baseline must be in place prior to the generation of
				  any credits by a nutrient credit-generating project except in the case of land
				  use conversion as described in subsection E of this section. The practices for
				  establishing baselines, as provided in this section, shall be implemented and
				  properly maintained for each type of operation within the management area.
				  Baselines are applicable statewide for nutrient credit-generating projects
				  including those located in either the Chesapeake Bay Watershed or the Southern
				  Rivers watersheds. Baseline practices are, at a minimum, in accordance with the
				  requirements of the WIP or an approved TMDL, whichever is more
				  stringent.
B. Cropland, hayland,
				  and pastures. Baselines for cropland, hayland, or pastures within the
				  management area shall be established in accordance with subdivision 1, 2, or 3
				  of this subsection.
1. The owner holds a valid
				  Certificate of Resource Management Plan Implementation for the management area
				  that has been issued pursuant to the Resource Management Plans regulation
				  (4VAC50-70).
2. If the owner does
				  not hold a valid Certificate of Resource Management Plan Implementation for the
				  management area, the owner shall implement the following practices for
				  establishing baseline:
a. Soil conservation.
				  Soil conservation practices for the management area shall be implemented and
				  maintained to achieve a maximum soil loss rate not to exceed "T" and to address
				  gross erosion when it is present as gullies or other severely eroding
				  conditions.
b. Nutrient management.
				  Implementation and maintenance of the nutrient management practices required by
				  the nutrient management plan written by a certified nutrient management planner
				  pursuant to the Nutrient Management Training and Certification Regulations
				  (4VAC50-85).
c. Riparian buffer. A
				  woodland or grass riparian buffer shall be installed and maintained around all
				  water bodies with perennial flow within the management area and shall be
				  installed and maintained along all water bodies with perennial flow bordering
				  the management area. The riparian buffer shall be a minimum width of 35 feet as
				  measured from the top of the channel bank to the edge of the cropland, hayland,
				  or pasture and in accordance with DCR Specifications for NO. FR-3 or DCR
				  Specifications for NO. WQ-1 contained in the VACS BMP Manual.
d. Cover crop. For croplands, cover crops
				  shall be planted to meet the standard planting date and other specifications in
				  accordance with DCR Specifications for NO. SL-8B contained in the VACS BMP
				  Manual. This requirement applies to all croplands where summer annual crops are
				  grown and the summer annual crop receives greater than a total of 50 pounds per
				  acre of nitrogen application from any nutrient source; however, if the cropland
				  is planted to winter cereal crops for harvest in the spring, then cover crops
				  do not need to be planted on these croplands during that production
				  year.
e. Livestock water body
				  exclusion. For pastures or when livestock are present within the management
				  area, livestock exclusion fencing shall be placed around perennial streams,
				  rivers, lakes, ponds, or other water bodies having perennial flow. This
				  exclusionary fencing shall be constructed in accordance with DCR Specification
				  NO. WP-2W contained in the VACS BMP Manual in order to restrict livestock
				  access to the water body. Livestock shall be provided with an alternative
				  watering source. The livestock exclusion fencing shall be placed at least 35
				  feet from the top of the channel bank and this exclusion zone shall contain the
				  riparian buffer required by subdivision 2 c of this subsection. Access points
				  for livestock watering or crossing over a water body shall be a hardened
				  surface constructed to DCR Specifications for NO. WP-2W contained in the VACS
				  BMP Manual and shall be fenced to limit livestock access to the water body at
				  the crossing point. Ponds that have been specifically built for the purpose of
				  livestock watering and that do not have perennial flow through an overflow pipe
				  or spillway are not required to meet the provisions of this subdivision 2
				  e.
3. The department may
				  approve a load-based baseline determination equivalent to full implementation
				  of the practices identified in subdivision 2 of this subsection.