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 9VAC25-900-80 - Procedure for application for certification of nutrient credits

Current through Register Vol. 40, No. 24, July 15, 2024
A. An applicant
				  requesting certification of nutrient credits shall submit an application to the
				  department in accordance with this part. Applicants requesting a renewal of a
				  certification of term nutrient credits shall submit an application to the
				  department at least 60 days prior to the expiration of the nutrient credit
				  term. If the renewal application is not received by the department at least 60
				  days prior to the expiration of the nutrient credit term, the application will
				  be deemed a new application. The application or renewal application shall be in
				  the form required by the department including signature in accordance with
				  9VAC25-900-130 and shall include the following elements:
1. A brief narrative description of the
				  nutrient credit-generating project.
2. Contact information for the applicant
				  including name, address, and telephone number.
3. Contact information for the nutrient
				  credit-generating project, including the project's mailing address, street
				  address, telephone number, and the contact person's name and email
				  address.
4. Status of the applicant
				  as owner, co-owner, operator, or lessee of the nutrient credit-generating
				  project or the site on which the project is located. The applicant shall
				  provide documentation of the applicant's right to exercise control of the
				  nutrient credit-generating project and the site on which it is located for the
				  purposes of generating and maintaining the proposed nutrient credit-generating
				  project via a title, deed, grant, lease, or easement agreement. Evidence of
				  such documentation must be recorded in the property chain of title and must
				  identify contact information for the applicant or long-term steward for
				  perpetual credits. If the applicant cannot demonstrate control, those parties
				  who singularly or in conjunction with the applicant exercise control over the
				  nutrient credit-generating project or the site on which it is located shall be
				  required to jointly apply for nutrient credit certification with the
				  applicant.
5. The name, mailing
				  address, telephone number, and responsibilities of all known contractors
				  responsible for any operational or maintenance aspects of the nutrient
				  credit-generating project.
6. The
				  number and type of potential nutrient credits to be generated and supporting
				  information including (i) a description of the baseline practices in place
				  within the management area and the nutrient credit-generating project's
				  practices that may result in generation of nutrient credits beyond baseline
				  requirements; (ii) the potential nutrient credit calculation including the
				  efficiencies and factors used; and (iii) the associated documentation
				  supporting the potential nutrient credits calculation. Baseline shall be
				  determined in accordance with the requirements of 9VAC25-900-100. The number of
				  potential nutrient credits shall be as calculated in accordance with
				  9VAC25-900-110.
7. A topographic
				  map, survey, or another type of map deemed acceptable by the department that
				  delineates the property boundary of the management area and clearly shows the
				  location of all practices, including nutrient credit-generating projects and
				  any baseline practices.
8. A
				  description of current site conditions with photographs.
9. The 8-digit, 10-digit, and 12-digit HUC in
				  which the nutrient credit-generating project is located.
10. For land use conversion projects,
				  documentation of the condition of the land and land use controls in place as of
				  the date specified in 9VAC25-900-100 E noting any changes in the condition of
				  the land or land use controls since that date.
11. An implementation plan that meets the
				  requirements of 9VAC25-900-120.
12.
				  For structural BMPs or restoration projects required to submit and maintain
				  financial assurance in accordance with 9VAC25-900-230, the draft financial
				  assurance documents and financial assurance cost estimate calculated pursuant
				  to Part VI (9VAC25-900-230 et seq.) of this chapter. As required by the
				  schedule of release provisions of subsection B of 9VAC25-900-90, prior to the
				  release of nutrient credits all required financial assurance mechanisms shall
				  be established per Part VI (9VAC25-900-230 et seq.) of this chapter and
				  approved by the department.
13. The
				  appropriate fee required pursuant to Part V (9VAC25-900-190 et seq.) of this
				  chapter.
14. For perpetual credits,
				  a draft of the proposed site protection instrument for the site on which the
				  nutrient credit-generating project is located. If the landowner is not an
				  individual, documentation will be required establishing that the person
				  executing the protection instrument has the authority to do so.
15. A description of other permits and
				  approvals that may be necessary to operate the nutrient credit-generating
				  project.
16. A description of any
				  state or federal water quality grants received for water quality actions in the
				  management area.
17. For perpetual
				  credits, demonstration by the applicant that the site on which the nutrient
				  credit-generating project is located is held with title free from all defects,
				  liens, and encumbrances that would interfere with or be in conflict with the
				  establishment and operation of the nutrient credit-generating project. The
				  demonstration may include documentation of the subordination of property
				  interests (e.g., mineral rights, mortgages, easement) if the department
				  determines that the property interest would interfere with or be in conflict
				  with the establishment and operation of the nutrient credit-generating
				  project.
18. For term credits, the
				  desired term of the credit shall be submitted; however, the term shall not
				  exceed five-years.
19. A tax map
				  showing the management area and adjacent parcels.
20. For nutrient credit-generating projects
				  using innovative practices, the department may request submittal of additional
				  information in order to review the innovative practice. This additional
				  information may include application provisions that are deemed relevant to the
				  innovative practice.
21. Any other
				  information deemed necessary by the department.