The grower- members of our organization are strongly opposed to petition # 68 requesting the promulgation of a new regulation regarding the actual and “potential” adverse effects of draining excess water from fields. 

First, we would submit that the petition is very broad as written and could have a serious economic impact on agriculture statewide.  We have been told that the intent and focus is on plasticulture. If that is the case, the petition should be amended to reflect the actual intention.

Second, we question the need for DEQ’s involvement in regulating agricultural runoff.  Under the Stewardship Act, the Virginia Dept of Agriculture and Consumer Services has responded to every complaint in a timely manner, and duplicating those efforts seems to us to be not in the best interest of either agency or the Virginia taxpayer.  In addition, since 2005, VDACS, VA Cooperative Extension, Ag Research staff, and Eastern Shore Soil and Water Conservation District have all worked and continue to work closely with growers throughout the area to implement conservation practices.   This partnership has seen hundreds of thousands of dollars spent on BMPs by vegetable growers since 2005, mostly on tomato fields. A copy of that report will be emailed to your office by the Eastern Shore Soil and Water Conservation District.

Under the direction of Jane Corson-Lassiter, the Eastern Shore Soil and Water Conservation District enrolls over 20,000 acres in the State’s cover crop program each year. In addition, nutrient management plans are now in place on nearly ½ of the region’s farm acreage.  Over

 90% of grain production  is planted and grown using conservation tillage.

Third, we question the assertion that the water quality of the Eastern Shore is being degraded by the actions of those of us engaged in agriculture, especially given the steps that have been taken in recent years to address both nutrient management and erosion and sediment control.  Additionally, both NRCS and the Soil and Water Conservation District work with the counties and Corps of Engineers to implement wetland and buffer protections under the Federal Clean Water Act and the State’s Chesapeake Bay Act.  The simple fact that large scale agriculture and aquaculture not only co-exist, but thrive, on the Eastern Shore is itself strong evidence that water quality is not compromised to any appreciable degree  by the actions of the tomato industry.

Since 2000 several scientific studies have been conducted by various state agencies to evaluate the adverse effects of agricultural runoff from vegetable production on plastic mulch on estuarine resources.    Three studies are summarized below, and their conclusions support the effectiveness of agricultural best management practices in mitigating any potential problems.

1.  “Fate and Effects of Crop Protectants from Tomato Cultivation on Living Resources in Tidal Creeks” Arnold, Lukenbach et al. 1999-2000

Result of study:  Failed to identify long term, chronic or community level impacts to the fauna in tidal creeks associated with plasticulture.  No difference in finfish diversity and abundance or in benthic indicators.  Any short term effects were eliminated when BMP were used on fields.  Note that these  BMPs identified have been adopted by every tomato operation on the Shore. 

2.  “Modeling and Mitigation of Land Use Changes in Cherrystone Inlet Watershed”, Arnold, Wang, et al.  2005

Results of Study:  Replacing agriculture with residential development as identified in county comprehensive plan  led to decreased water quality in the Cherrystone Creek, including  increased Nitrogen and Phosphorus loading.

3.  “Evaluating the Relationship between Impervious Surfaces within Watersheds and Coastal Water Quality on Virginia’s Eastern Shore”  2008.   Lukenbach, Ross, et al.

Results of Study:  “the results from this study do not reveal significant loading of bacteria, sediment or nutrients associated with tomato cultivation within the watersheds we studied.  It is not apparent from our dataset that impervious surface attributable to tomato cultivation is correlated with elevated loadings of these materials.  This finding is somewhat surprising given our casual observations over the past decade of high levels of runoff from tomato fields.”

  Eastern Shore  farmers are proud of their record of  environmental stewardship, and in the face of the above evidence, find it puzzling that words like  “irreversible impacts”  are used by those in favor of another level of regulation when there have been such great strides in conservation practices made by a hardworking and effective local partnership.   Indeed, we would challenge those who doubt the results of our work to point out a better place for aquaculture on the East Coast. 

In short, the Ag Stewardship Act is in place to handle any case where environmental stewardship is not being practiced.   We will be happy to assist any citizen who wishes to discuss an issue or file a complaint.

Thank you for the opportunity to comment on this matter.   Throughout your deliberation process, please feel free to call us at the above number if we may of further assistance.

Sincerely

Association of Virginia Potato and Vegetable Growers