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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Sediment TMDLs

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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

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Napa RiverandSonoma CreekWatersheds

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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Waiver ConditionsCoordinated with County Regulations

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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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Next Steps

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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 Jponton@waterboards.ca.gov

www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/vineyard/index.shtml

Questions/Answers