Conditional Waiver of Waste Discharge Requirements Vineyards in Napa & Sonoma Watersheds

1. Conditional Waiver ofWaste Discharge RequirementsVineyards 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

2. Today’s Presentation • Sediment TMDLs • Vineyard Conditional Waiver • Farm Plan Requirements • Requirements for Replants • Links to County Regulations • Next Steps

3. Sediment TMDLs

4. 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 Significant progress is being made to reduce sediment from vineyards

5. Vineyards – One Piece of the TMDL Puzzle Sediment TMDLs • Grazing • Vineyards Rural Lands Parks, Open Space & Public Works

6. Napa RiverandSonoma CreekWatersheds

7. 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 steelhead

8. Vineyard Conditional Waiver www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/vineyard/index.shtml

9. 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

10. 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: • Flatland (< 5% slope) smaller than 40 acres • Hillside (> 5% slope) smaller than 20 acres • Applies to one or more parcels managed as a single vineyard facility Not required to submit an NOI or to prepare a Farm Plan

11. Vineyards Eligible for Coverage

12. 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) Required to submit a Report of Waste Discharge to the Water Board

13. Draft Waiver Requirements • NOI – Notice of Intent to comply • Farm Plan - Prepare a vineyard Farm Plan and begin implementing management practices • 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

14. 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

15. 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

16. 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 Water Board does not specify the method and means of compliance

17. Surface Erosion from Vineyards • Implement management practices to protect soil and promote on-site infiltration • Cover crop, minimal tillage, mulch • Vegetated filter strips • 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

18. 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)

19. Reduce Sediment Delivery from Unstable Areas • Implement measures to stabilize unstable areas : • Gullies • Bed and bank erosion • Landslides • Promote natural recovery and minimize human-causes increase in sediment delivery from unstable areas

20. Storm Runoff From Existing Vineyards • Effectively attenuate increases in storm runoff to prevent downstream erosion • Manage vineyards to ensure no active erosion at points of discharge • Manage vineyards so that runoff does not increase the rate of bed & bank erosion

21. Storm Runoff From New and Replanted Vineyards • Attenuate storm runoff to prevent downstream erosion • Vineyards design should not concentrate flow or cause an increase in peak flow above existing conditions • 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

22. Waiver ConditionsCoordinated with County Regulations

23. 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

24. 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

25. 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

26. Next Steps

27. Conditional Waiver Status • Comments due to the Water Board Friday February 1, 2013 • Public Hearing planned for March13, 2013 board meeting • Opportunity to submit public comment • Aspects of the Draft Conditional Waiver many change during the process Conditional Waiver requirements will not be final until Water Board approval

28. Questions/Answers Sandi Potter 510-622-2426 Smpotter @waterboards.ca.gov Jim Ponton 510-622-2492 Jponton@waterboards.ca.gov www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/vineyard/index.shtml