January 25, 2009

629 East Main Street

P.O. Box 1105

Richmond, VA 23218

Dear Mr. Rick Weeks:

I am writing on behalf of Kuzzens Incorporated, a tomato grower on Virginia’s Eastern Shore, to comment on the proposed new or amended regulation that would give the State Water Control Board the authority to regulate actual or potential non-point source run-off from large scale agricultural operations on the Eastern Shore.

In our opinion, this would be a redundant and unnecessary regulation as agricultural run-off and other stewardship issues are addressed by the Agricultural Stewardship Act which has been in place and worked well since 1996. Specific to our operation, all of our plant food nutrients are covered by plastic from the time of application to the end of harvest. This allows for little, if any, nutrient run-off during the growing season. Furthermore, many of the crop protectants used today have very short half-lives and are degraded quickly in a production field environment. Therefore, it is our opinion and that of many local and state soil and water conservation technicians and those in Virginia Tech research and extension programs, that many of these nutrients and crop protectants never reach the drainage ditch.

As for the ditches and other conveyances of run-off, Kuzzens Incorporated follows all Best Management Practices (BMP) and has spent many dollars and man hours to facilitate these. Some examples of the BMP’s we follow are: retention ponds, which allow for soil particulate in run-off water to settle before moving downstream; filter strips, which allow field water run-off to slow down and aid in soil retention; and grassed waterways and buffer strips, which aid in soil and particulate retention in the crop production area of our fields.

On our staff of field supervisors we have, Lynwood Guy, who was named Conservation Farmer of the Year in Virginia’s Coastal Plain for 2007. He works closely with top management to insure that best management practices and generally accepted good farming practices are followed.

In closing, we feel that by being proactive and responding timely to any issue related to mitigating the effects of agricultural run-off, and having an avenue to address these issues through the Virginia Agricultural Stewardship Act already in place, the need for a new regulation is unnecessary and possibly in conflict with the Right to Farm Law of Virginia. Farmland that is undrainable will become unproductive and eventually non tillable. Also, by applying this regulation only to Eastern Shore large agricultural producers, it is an arbitrary and capricious use of state authority and may be deemed unconstitutional.

Kuzzens Incorporated has a close working relationship with the local soil and water conservation district. Their advice and expertise is willingly considered and mostly accepted when an issue develops.

We consider ourselves a good neighbor in the farming community and will continue to do all that is feasible and necessary to ensure the streams, creeks and estuaries of the Eastern Shore are unspoiled so all can enjoy and utilize them in future generations as in the past. Thank you again for your consideration of our comments and remain

Yours Truly,

Richard Davis, Farm Manager

Kuzzens Incorporated

January 25, 2009

629 East Main Street

P.O. Box 1105

Richmond, VA 23218

Dear Mr. Rick Weeks:

I am writing on behalf of Kuzzens Incorporated, a tomato grower on Virginia’s Eastern Shore, to comment on the proposed new or amended regulation that would give the State Water Control Board the authority to regulate actual or potential non-point source run-off from large scale agricultural operations on the Eastern Shore.

In our opinion, this would be a redundant and unnecessary regulation as agricultural run-off and other stewardship issues are addressed by the Agricultural Stewardship Act which has been in place and worked well since 1996. Specific to our operation, all of our plant food nutrients are covered by plastic from the time of application to the end of harvest. This allows for little, if any, nutrient run-off during the growing season. Furthermore, many of the crop protectants used today have very short half-lives and are degraded quickly in a production field environment. Therefore, it is our opinion and that of many local and state soil and water conservation technicians and those in Virginia Tech research and extension programs, that many of these nutrients and crop protectants never reach the drainage ditch.

As for the ditches and other conveyances of run-off, Kuzzens Incorporated follows all Best Management Practices (BMP) and has spent many dollars and man hours to facilitate these. Some examples of the BMP’s we follow are: retention ponds, which allow for soil particulate in run-off water to settle before moving downstream; filter strips, which allow field water run-off to slow down and aid in soil retention; and grassed waterways and buffer strips, which aid in soil and particulate retention in the crop production area of our fields.

On our staff of field supervisors we have, Lynwood Guy, who was named Conservation Farmer of the Year in Virginia’s Coastal Plain for 2007. He works closely with top management to insure that best management practices and generally accepted good farming practices are followed.

In closing, we feel that by being proactive and responding timely to any issue related to mitigating the effects of agricultural run-off, and having an avenue to address these issues through the Virginia Agricultural Stewardship Act already in place, the need for a new regulation is unnecessary and possibly in conflict with the Right to Farm Law of Virginia. Farmland that is undrainable will become unproductive and eventually non tillable. Also, by applying this regulation only to Eastern Shore large agricultural producers, it is an arbitrary and capricious use of state authority and may be deemed unconstitutional.

Kuzzens Incorporated has a close working relationship with the local soil and water conservation district. Their advice and expertise is willingly considered and mostly accepted when an issue develops.

We consider ourselves a good neighbor in the farming community and will continue to do all that is feasible and necessary to ensure the streams, creeks and estuaries of the Eastern Shore are unspoiled so all can enjoy and utilize them in future generations as in the past. Thank you again for your consideration of our comments and remain

Yours Truly,

Richard Davis, Farm Manager

Kuzzens Incorporated

January 25, 2009

629 East Main Street

P.O. Box 1105

Richmond, VA 23218

Dear Mr. Rick Weeks:

I am writing on behalf of Kuzzens Incorporated, a tomato grower on Virginia’s Eastern Shore, to comment on the proposed new or amended regulation that would give the State Water Control Board the authority to regulate actual or potential non-point source run-off from large scale agricultural operations on the Eastern Shore.

In our opinion, this would be a redundant and unnecessary regulation as agricultural run-off and other stewardship issues are addressed by the Agricultural Stewardship Act which has been in place and worked well since 1996. Specific to our operation, all of our plant food nutrients are covered by plastic from the time of application to the end of harvest. This allows for little, if any, nutrient run-off during the growing season. Furthermore, many of the crop protectants used today have very short half-lives and are degraded quickly in a production field environment. Therefore, it is our opinion and that of many local and state soil and water conservation technicians and those in Virginia Tech research and extension programs, that many of these nutrients and crop protectants never reach the drainage ditch.

As for the ditches and other conveyances of run-off, Kuzzens Incorporated follows all Best Management Practices (BMP) and has spent many dollars and man hours to facilitate these. Some examples of the BMP’s we follow are: retention ponds, which allow for soil particulate in run-off water to settle before moving downstream; filter strips, which allow field water run-off to slow down and aid in soil retention; and grassed waterways and buffer strips, which aid in soil and particulate retention in the crop production area of our fields.

On our staff of field supervisors we have, Lynwood Guy, who was named Conservation Farmer of the Year in Virginia’s Coastal Plain for 2007. He works closely with top management to insure that best management practices and generally accepted good farming practices are followed.

In closing, we feel that by being proactive and responding timely to any issue related to mitigating the effects of agricultural run-off, and having an avenue to address these issues through the Virginia Agricultural Stewardship Act already in place, the need for a new regulation is unnecessary and possibly in conflict with the Right to Farm Law of Virginia. Farmland that is undrainable will become unproductive and eventually non tillable. Also, by applying this regulation only to Eastern Shore large agricultural producers, it is an arbitrary and capricious use of state authority and may be deemed unconstitutional.

Kuzzens Incorporated has a close working relationship with the local soil and water conservation district. Their advice and expertise is willingly considered and mostly accepted when an issue develops.

We consider ourselves a good neighbor in the farming community and will continue to do all that is feasible and necessary to ensure the streams, creeks and estuaries of the Eastern Shore are unspoiled so all can enjoy and utilize them in future generations as in the past. Thank you again for your consideration of our comments and remain

Yours Truly,

Richard Davis, Farm Manager

Kuzzens Incorporated