Implementing A Section 319 Project During a Time of Regulatory Change The Catoma Creek Story Alabama Water Resources Association Conference September 2005.

Implementing A Section 319 Project Implementing A Section 319 Project During a Time of Regulatory ChangeDuring a Time of Regulatory Change

The Catoma Creek StoryThe Catoma Creek Story

Alabama Water Resources Association ConferenceAlabama Water Resources Association Conference

September 2005September 2005

Presented by: Sabra Sutton Presented by: Sabra Sutton

BackgroundBackground March 1990 - Fish kills in the backwaters of March 1990 - Fish kills in the backwaters of

the Alabama River at the mouth of Catoma the Alabama River at the mouth of Catoma Creek blamed on SSOsCreek blamed on SSOs

Background Cont.Background Cont. April 1990 - AO issued to MWWSSBApril 1990 - AO issued to MWWSSB Early 1990’s - MWWSSB completed WQ Early 1990’s - MWWSSB completed WQ

studystudy Results showed SSO pollutant Results showed SSO pollutant

contributions minimal compare to contributions minimal compare to NPS/urban runoffNPS/urban runoff

Background Cont.Background Cont. MWWSSB worked with ADEM to MWWSSB worked with ADEM to

start comprehensive watershed start comprehensive watershed management program to address management program to address low DO in Catoma Creeklow DO in Catoma Creek

Mid 1990’s - Technical, Steering Mid 1990’s - Technical, Steering and Education/Outreach and Education/Outreach Committees FormedCommittees Formed

1998 – Completed Watershed 1998 – Completed Watershed Management PlanManagement Plan

Current StatusCurrent Status

Funding – MWWSSB primary sponsor, EPA grant Funding – MWWSSB primary sponsor, EPA grant in late 1990’sin late 1990’s

Today - E/O Committee and Advisory CommitteeToday - E/O Committee and Advisory Committee Approx. 45 stakeholders actively participate at some Approx. 45 stakeholders actively participate at some

levellevel NO FINGER POINTING!NO FINGER POINTING!

Section 319 FundingSection 319 Funding

Applied for and approved in 2002Applied for and approved in 2002 $450,000$450,000

Primary Grant PartnersPrimary Grant Partners MWWSSB (lead)MWWSSB (lead) NRCSNRCS S&WCDS&WCD AUMAUM All participating stakeholders play a role in All participating stakeholders play a role in

decision-making processdecision-making process

Implementation ChallengesImplementation Challenges

Evolving Section 319 Evolving Section 319 Guidance from EPAGuidance from EPA

State law (partners State law (partners were unaware of until were unaware of until after grant was after grant was awarded)awarded)

All S&WCD Board All S&WCD Board members were not members were not informedinformed

Section 319 GuidanceSection 319 Guidance

The Draft Proposed Strategy for Strengthening Nonpoint Source Management

National Nonpoint Source Program on October 14, 1997 Funding the Development and Implementation of Waters

hed Restoration Action Strategies under Section 319 of the Clean Water Act (1998 for FY 1999)

Process and Criteria for Funding State and Territorial Nonpoint Source Management Programs in FY 1999

Nonpoint Source Program and Grants Guidance for Fiscal Year 1997 and Future Years

Supplemental Guidance for the Award of Section 319 Nonpoint Source Grants in FY 2000

Section 319 GuidanceSection 319 Guidance

Supplemental Guidelines for the Award of Section 319 Nonpoint Source Grants in FY 2001EPA has developed guidelines for the award of Clean Water Act Section 319 nonpoint source grants in FY 2001. The process and criteria are generally the same as were used in FY 2000 ….. except to the extent that they are specifically modified in these guidelines.

Supplemental Guidelines for the Award of Section 319 Nonpoint Source Grants to States and Territories in FY 2002 and Subsequent Years.The process and criteria for FY 2002 are generally the same as for FY 2001, with only slight modifications.

Section 319 GuidanceSection 319 Guidance Modifications to Nonpoint Source Reporting Requirements for

Section 319 Grants EPA has modified the reporting requirements for the Clean Water Act Section 319 program, effective for fiscal year 2002.

Supplemental Guidelines for the Award of Section 319 Nonpoint Source Grants to States and Territories in FY 2003.EPA has developed guidelines that describe the process and criteria to be used to award Clean Water Act (CWA) Section 319 nonpoint source grants to States and Territories (hereinafter referred to collectively as "States") in FY 2003. The process and criteria for FY

2003 are similar to those established for FY 2002, but are modified.

Guidance Changes = Program ChangesGuidance Changes = Program Changes

No BMP projects in Phase 1 area (City of No BMP projects in Phase 1 area (City of Montgomery)Montgomery) Monitoring in Phase 1 area can be used as matchMonitoring in Phase 1 area can be used as match

2002 could use $ in Phase 2 area2002 could use $ in Phase 2 area 2003 may not be able to use funding in Phase 2 area2003 may not be able to use funding in Phase 2 area Early 2004 could use funding in Phase 2 area Early 2004 could use funding in Phase 2 area

because grant was approved before Phase 2 was because grant was approved before Phase 2 was requiredrequired

2005 can use 319 in Phase 2 areas if “above-and-2005 can use 319 in Phase 2 areas if “above-and-beyond” permit requirementbeyond” permit requirement

State StatuteState StatuteAlabama Code Section 22-38-4Administration of federal funds by committee; transfer of Administration of federal funds by committee; transfer of

federal funds received by other state agencies to federal funds received by other state agencies to committee; application to Legislature for matching funds; committee; application to Legislature for matching funds; coordination of use of funds.coordination of use of funds.

All federal funds available to state agencies for financial assistance through cost-share grants to landusers for agricultural nonpoint source pollution control shall be administered by the committee.. State agencies other than State agencies other than the committee which receive federal cost-share funds the committee which receive federal cost-share funds designated for use by agricultural operations to control designated for use by agricultural operations to control associated nonpoint source pollution shall effect the associated nonpoint source pollution shall effect the necessary agreements to transfer these funds to the necessary agreements to transfer these funds to the committee. The committee shall make application to the committee. The committee shall make application to the Legislature for appropriation of state funds required to match Legislature for appropriation of state funds required to match such federal fundssuch federal funds…..…..

(Acts 1988, No. 88-602, p. 939, §4.)(Acts 1988, No. 88-602, p. 939, §4.)

Alabama Code Section 22-38-4Administration of federal funds by committee; transfer of Administration of federal funds by committee; transfer of

federal funds received by other state agencies to federal funds received by other state agencies to committee; application to Legislature for matching funds; committee; application to Legislature for matching funds; coordination of use of funds.coordination of use of funds.

All federal funds available to state agencies for financial assistance through cost-share grants to landusers for agricultural nonpoint source pollution control shall be administered by the committee.. State agencies other than State agencies other than the committee which receive federal cost-share funds the committee which receive federal cost-share funds designated for use by agricultural operations to control designated for use by agricultural operations to control associated nonpoint source pollution shall effect the associated nonpoint source pollution shall effect the necessary agreements to transfer these funds to the necessary agreements to transfer these funds to the committee. The committee shall make application to the committee. The committee shall make application to the Legislature for appropriation of state funds required to match Legislature for appropriation of state funds required to match such federal fundssuch federal funds…..…..

(Acts 1988, No. 88-602, p. 939, §4.)(Acts 1988, No. 88-602, p. 939, §4.)

BMP Funding through S&WCDBMP Funding through S&WCD

Some ChallengesSome Challenges All Board members not All Board members not

supportive initiallysupportive initially Differences between Section Differences between Section

319 different from USDA 319 different from USDA cost-share programscost-share programs

Minimal staff at local District, Minimal staff at local District, but grant provided but grant provided opportunity for part-time opportunity for part-time techniciantechnician

AL Code

319 Guidance

BMP Funding through S&WCDBMP Funding through S&WCD

Many BenefitsMany Benefits Expertise of NRCS Conservationist and Expertise of NRCS Conservationist and

S&WCD personnelS&WCD personnel Established relationships with local property Established relationships with local property

ownersowners Able to hire part-time technician Able to hire part-time technician

Section 319 Project GoalsSection 319 Project Goals Implement on-the-ground management practices Implement on-the-ground management practices

and educational programs to minimize low and educational programs to minimize low DO/OE problems in Catoma CreekDO/OE problems in Catoma Creek

Monitor and evaluate results of program Monitor and evaluate results of program activitiesactivities

BMP Projects FundedBMP Projects Funded Fencing LivestockFencing Livestock Alternative Watering Sources for LivestockAlternative Watering Sources for Livestock Stream crossingsStream crossings Possible Alternative Shade for LivestockPossible Alternative Shade for Livestock Well (cease withdrawal from the creek)Well (cease withdrawal from the creek) Stream stabilization and restorationStream stabilization and restoration

Education/OutreachEducation/Outreach Booth at the Alabama Booth at the Alabama

National FairNational Fair Planning newsletter Planning newsletter

articles to educate articles to educate property ownersproperty owners

Montgomery County Water Montgomery County Water FestivalFestival

Partnering with a high-risk Partnering with a high-risk elementary schoolelementary school

MonitoringMonitoring

Monthly monitoring Monthly monitoring at BMP and 12 other at BMP and 12 other sitessites

Using ADEM’s field Using ADEM’s field QA/QC proceduresQA/QC procedures

Biological (fish)Biological (fish)

Lessons LearnedLessons Learned In general, everyone wants the In general, everyone wants the

same thing….clean water…just same thing….clean water…just different ways/plans to get itdifferent ways/plans to get it

Policy is going to continually Policy is going to continually evolveevolve Be prepared and willing to make Be prepared and willing to make

programmatic adjustmentsprogrammatic adjustments Don’t be afraid to speak up when Don’t be afraid to speak up when

something will not worksomething will not work

Lessons Learned cont..Lessons Learned cont..

Accept that there are not enough resources and Accept that there are not enough resources and that everyone has to work together instead of that everyone has to work together instead of competing against one anothercompeting against one another NRCS, S&WCD, City of Montgomery and Catoma NRCS, S&WCD, City of Montgomery and Catoma

Creek Watershed ProgramCreek Watershed Program

Plan on EVERYTHING taking MUCH Plan on EVERYTHING taking MUCH longer than expected!longer than expected!

When there is a will there is a way!When there is a will there is a way!

Questions?Questions?

For more information:Sabra Sutton, CH2M HILL- [email protected](334) 271-1444 Ext. 710