conditional waiver of waste discharge requirements vineyards in napa & sonoma watersheds
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Conditional Waiver of Waste Discharge Requirements Vineyards in Napa & Sonoma Watersheds. Sustainable Vineyard Practices Replanting Strategies & Economics December 13, 2012. Sandi Potter, PG, CEG San Francisco Bay Regional Water Quality Control Board. Today’s Presentation. Sediment TMDLs - PowerPoint PPT PresentationTRANSCRIPT
Sustainable Vineyard PracticesReplanting Strategies & Economics
December 13, 2012
Conditional Waiver ofWaste Discharge Requirements
Vineyards in Napa & Sonoma Watersheds
Sandi Potter, PG, CEGSan Francisco Bay RegionalWater Quality Control Board
Today’s Presentation
Sediment TMDLs
Vineyard Conditional Waiver
o Farm Plan Requirements
o Requirements for Replants
Links to County Regulations
Next Steps
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History of Vineyard Regulation
1991 Napa County conservation regulations
Beginning in 2004, voluntary sustainable farming - Fish Friendly Farming/Napa Green and other technical assistance programs
Sediment TMDLs approved in 2008 and 2009
2011 Water Board initiated development of the vineyard Conditional Waiver
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Significant progress is being made to reduce sediment from vineyards
Vineyards – One Piece of the TMDL Puzzle
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Vineyards Grazing
Parks, Open Space & Public Works
Rural Lands
SedimentTMDLs
Why a Waiver?
The sediment TMDLs called for development of conditional waivers of WDR to regulate sediment sources (including vineyards)
Needed to reach the goal to reduce sediment delivery by 50%
To improve water quality
To protect native fishery - salmon and steelhead7
Vineyard Conditional Waiver
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www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/vineyard/
index.shtml
Waiver Coverage and Eligibility
Applies to existing vineyards, replanted vineyards, and new vineyards
Enrollment criteria based on both parcel size and vineyard size, slope, and soil erosion potential
Any vineyard facility that poses a significant water quality threat
The Waiver has a 5-year term
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Vineyards That Don’t Need Waiver Coverage
Small vineyards less than 5 acres, regardless of parcel size, do not need waiver coverage
Small parcels, depending on slope, do not need waiver coverage:o Flatland (< 5% slope) smaller than 40 acreso Hillside (> 5% slope) smaller than 20 acres
Applies to one or more parcels managed as a single vineyard facility
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Not required to submit an NOI or to prepare a Farm Plan
Vineyards Eligible for Coverage
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Site Conditions Coverage Waiver Requirements
Flat land(>40 acres)
Covered • Submit Notice of Intent (NOI)• Prepare farm plan• Comply with water quality
requirements
Flat land with Stream setbacks(all parcel sizes)
May be excluded
• Submit Notice of Non-Applicability (NONA)
• Documentation of adequate stream setbacks
• Comply with water quality requirements
Hillside(>20 acres)
Covered • Submit NOI• Prepare farm plan• Comply with water quality
requirements
Vineyards Excluded from Waiver Coverage
New vineyards and vineyard replants that are located on steep slope (> 30%), and that also contain highly erosive soils
Vineyards that cannot or fail to meet waiver water quality requirements (Table 2)
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Required to submit a Report of Waste Discharge to the Water Board
Draft Waiver Requirements
NOI – Notice of Intent to comply
Farm Plan - Prepare a vineyard Farm Plan and begin implementing management practices
o Farm Plan remains on site and is available for Water Board inspection (staff may request submittal of the Farm Plan)
Monitoring – Visual inspections and photo-point monitoring
Annual Reporting - individually to the Water Board or through an approved third party group
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What is an NOI?
Notice of Intent to comply is a 3 page form
May be submitted electronically
Must be signed by the landowner or operator
Landowner must be notified of the waiver requirements
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What is a Farm Plan? Required elements of the Farm Plan are described in Attachment D of the waiver:
General Site Features
Vineyard Management Practices (including replanting)
Surface Erosion Element
Road Management
Stormwater Runoff Management
Gullies and Shallow Landslides
Stream and Riparian Areas
Schedule and Compliance Monitoring 15
Draft Waiver Conditions
Proper use of fertilizer and pesticides
Minimize surface erosion from vineyards
Reduce sediment and runoff from roads
Control sediment delivery from unstable areas (gullies, bank erosion, landslides)
Effectively attenuate storm runoff and prevent increases in erosive forces
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Water Board does not specify the method and means of compliance
Surface Erosion from Vineyards
Implement management practices to protect soil and promote on-site infiltration
o Cover crop, minimal tillage, mulch o Vegetated filter stripso Structural management practices where needed
No excessive soil loss (may be demonstrated using USLE or RUSLE2, same as counties)
County-approved erosion control plan may meet surface erosion requirements
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Road Erosion and Runoff
Inventory condition of roads on slopes over 5% (excluding roads that are not under landowner’s control)
Identify management practices to reduce sediment
Make progress towards reducing “hydrologically connected” road lengths
Goal to reduce to < 25 percent by the end of the TMDL term (2029)
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Reduce Sediment Delivery from Unstable Areas
Implement measures to stabilize unstable areas :
o Gullieso Bed and bank erosiono Landslides
Promote natural recovery and minimize human-causes increase in sediment delivery from unstable areas
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Storm Runoff From Existing Vineyards
Effectively attenuate increases in storm runoff to prevent downstream erosion
o Manage vineyards to ensure no active erosion at points of discharge
o Manage vineyards so that runoff does not increase the rate of bed & bank erosion
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Storm Runoff From New and Replanted Vineyards
Attenuate storm runoff to prevent downstream erosion
o Vineyards design should not concentrate flow or cause an increase in peak flow above existing conditions
o Runoff increase can be measured using an appropriate modeling tool such as a TR55 (all assumptions must be documented)
Replants must be designed & constructed to meet waiver water quality requirements
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Surface Erosion Requirements Consistent with County Regulations
County-approved erosion control plan may be used for the “Surface Erosion Element “ of the Farm Plan
May use USLE or RUSLE2 or TR55 soil loss and runoff models used by Napa County to demonstrate compliance
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Replant Requirements Consistent with Napa County
Waiver defines vineyard replant as > 1 acre (same as Napa County)
Replants may proceed within existing footprint consistent with County regulation if waiver water quality requirements are being met
If not, adjustments to vineyard layout may be needed (but no expansion allowed)
If new stream setbacks are established, distances are the same distance as County
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Technical Assistance
Currently 25% of vineyards Fish Friendly Farming/Napa Green certified
RCDs & others have repaired miles of roads and many unstable areas
Water Board 319(h) grant for Southern Sonoma RCD to develop an approved third-party group and farm plans template
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Conditional Waiver Status
Comments due to the Water Board Friday February 1, 2013
Public Hearing planned for March13, 2013 board meeting
oOpportunity to submit public comment
oAspects of the Draft Conditional Waiver many change during the process
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Conditional Waiver requirements will not be final until Water Board approval
Sandi Potter510-622-2426 Smpotter @waterboards.ca.gov
Jim Ponton510-622-2492 [email protected]
www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/vineyard/index.shtml
Questions/Answers