RD356 - Annual Report on Cooperative Nonpoint Source Pollution Programs (2005 and 2006)


Executive Summary:
This report fulfills the Department of Conservation and Recreation’s (DCR) legislative requirement under § 10.1–2134 of the Virginia Water Quality Improvement Act of 1997 (WQIA). This report describes the nonpoint source pollution management program activities undertaken by DCR during 2004 and 2005. These activities include development of WQIF guidelines, agricultural cost-share funding allocations, support for the Conservation Reserve Enhancement Program, nonpoint source programs and projects, and issuance of a request for grant applications. Chapter 21.1 of Title 10.1 of the Code of Virginia requires that an annual report be submitted to the Governor and the General Assembly specifying the amounts and recipients of grants made from the Water Quality Improvement Fund (WQIF) and pollution reduction achievements from these grants. WQIF grants awarded to date are provided along with pollutant reductions achieved.

Section 10.1-2127.D., Chapter 21.1 of Title 10.1 of the Code of Virginia also directs DCR to report each year to the Governor and the General Assembly on the implementation of cooperative nonpoint source pollution programs in Virginia. In enacting the WQIA, the General Assembly pronounced that the restoration, protection, and improvement of the quality of state waters is a shared responsibility among state and local governments and individuals, and to that end, established the authority for cooperative programs related to nutrient reduction and other types of nonpoint source pollution. In order to accomplish this, DCR assists local governments, soil and water conservation districts, and individuals with technical and financial assistance made available through WQIF grants and other funding sources. As required by the WQIF this report includes a report on the cooperative nonpoint source program activities.

Section 10.1-104.1. of the Code of Virginia states that DCR shall have the lead responsibility for the Commonwealth’s nonpoint source pollution management program. This section also assigns responsibility for the distribution of assigned funds, identification and establishment of priorities of nonpoint source related water quality problems, and the administration of a statewide nonpoint source advisory committee.

There were no deposits to the Water Quality Improvement Fund for fiscal years 2002, 2003, and 2004. In fiscal year 2005 a deposit of $9,417,500 was made to the fund. In addition to funds included for WQIF in the FY05 budget, funding through the Virginia Marine Resource Commission dredging fund and the income tax check-off for Chesapeake Bay restoration were earmarked for NPS pollution control, bringing the total NPS funding to $10,510,687. Additional funding became available through WQIF for nonpoint source implementation in FY 2006. The General Assembly amended budget included $7,500,000 and a General Assembly 2005 action allocated an additional $22,664,600 for a total of $30,164,600. The majority of FY05 and FY06 implementation funds are being directed to the Agricultural BMP Cost Share and Conservation Reserve Enhancement Programs. Implementation funds will also being used to support competitive grants for cooperative nonpoint source programs with localities, strategic nonpoint source water quality initiatives, and programs offered by the Department of Forestry. DCR is charged in assisting in the development of local cooperative NPS pollution programs, in accordance with the Water Quality Improvement Act, Section 10.1-2124.B. of the Code of Virginia. The purpose of the programs is to maintain and restore water quality in stream segments where NPS pollution is a significant factor. The outcome of cooperative NPS pollution programs has been a combination of existing efforts and new opportunities that address specific water quality impairments and improvements, supported by the public and the numerous stakeholders.

DCR reaffirmed existing partnerships and continued to pursue new relationships through cooperative watershed initiatives. DCR’s eight watershed offices, throughout the Chesapeake Bay watershed and the Southern Rivers watershed, aggressively sought to establish and solidify conservation partnerships during 2004 and 2005 with local governments, state and federal agencies, conservation organizations, volunteers, landowners, and local industries and businesses.

In continuing to provide assistance to cooperative watershed roundtables, DCR staff has been working closely with key partners to arrange a statewide meeting of watershed roundtable chairs and other invited guests. A statewide roundtables meeting was held in conjunction with the Environment Virginia Conference in Lexington, Virginia in April 2005.

In cooperation with the other Chesapeake Bay states and the United States Environmental Protection Agency, Virginia agreed to basin level allocations for nutrients and sediments. The Department of Conservation and Recreation, under the guidance of the office of the Secretary of Natural Resources, completed coordination of a year-long public participation planning process to develop tributary strategies. The strategies set the amount of reductions needed to remove the Chesapeake Bay and its Virginia tributaries from the list of impaired waters. Public comment drafts were released in April 2004. The final statewide tributary strategy was released in early February 2005 with individual basin strategies released shortly thereafter.

As required by the WQIA, this report presents information related to future funding needs. Estimating these needs is a complex endeavor that requires extensive information about the health of waters throughout the Commonwealth. Within the Chesapeake Bay watershed, Virginia is fortunate to have tributary strategies completed. These strategies not only guide implementation efforts, but also offer the best available estimate of implementation costs.

Another significant funding need will be the implementation of TMDL projects to remove waters from the Virginia Department of Environmental Quality's impaired waters list. A cooperative nonpoint source pollution control program, with a watershed-based approach, is expected to increase interest from localities to apply for grant funds to implement water quality improvement projects.

The Commonwealth of Virginia has made progress in protecting and restoring the health of its rivers, streams, lakes, and the Chesapeake Bay through a substantial infusion of state and federal funding resources. With improving budget forecasts of potential increases being provided to the Water Quality Improvement Fund, significant water quality improvements can be achieved. In order to meet the difficult challenge of restoring the health of impaired waters and the Chesapeake Bay, the Commonwealth will have to maintain and build on the progress made in recent years.