amy callis, agricultural nps implementation coordinator mary anne lowndes, runoff management section...

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Agricultural NPS Implementation of Adaptive Management and Water Quality Trading Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

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Page 1: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Agricultural NPS Implementation of Adaptive Management and Water Quality Trading

Amy Callis, Agricultural NPS Implementation CoordinatorMary Anne Lowndes, Runoff Management Section ChiefWisconsin Department of Natural Resources

Page 2: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Purpose

AM & WQT Basics

Roles

Evaluation/Development

Implementation

Post-implementation

Next Steps

Overview

Page 3: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Discuss how AM & WQT fit into existing NPS implementation structure in WI

Audience: NPS Implementers County Land Conservation Departments Non-governmental organizations focusing on

agricultural conservation work Private consultants in agricultural conservation fields

Provide considerations to NPS implementers for voluntary participation in AM and WQT

Purpose of the Handbook

Page 4: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

DNR DATCP UWEX NRCS Wisconsin Land +

Water Columbia County Barron County

Outagamie County Washington County The Nature

Conservancy Clean Wisconsin

Stakeholder Group

Page 5: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Do you have the technical capacity and infrastructure to meet the data, information, implementation and tracking needs?

Do you have sufficient staff resources to conduct this type of evaluation, implementation or post-implementation work?

Will you conduct these activities for free, charge a fee, etc.?

Should you develop an agreement or contract identifying roles and responsibilities for this work?

How will this impact existing workload and local priorities?

General Considerations

Page 6: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Compliance options for WPDES permit holders to meet discharge requirements

AM & WQT Basics

Page 7: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Evaluating Compliance Options

Developing the Plan/Strategy

Implementing the Plan/Strategy

Conducting Post-Implementation Work

Basic Components of AM & WQT

Page 8: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Permittee is conducting an investigation to determine if they will:

Optimize the facility Conduct a facility upgrade Utilize AM to meet water quality standards in the

receiving water Implement WQT to offset loads Combination of options

… In order to select and submit compliance method to DNR.

Evaluating Compliance Options

Page 9: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Determine NPS pollutant loading in target watershed

Provide existing inventory data

Estimate potential load reductions and credits available in target watershed

Assist in identifying criteria used to target critical sources for NPS reduction or credit generators

Historical perspective on landowner cooperation and willingness to implement BMPs

Assisting with Evaluation

Page 10: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Once a permittee has preliminary approval to utilize AM or WQT for compliance with WPDES permit requirements, it is time to develop:

An adaptive management plan

A water quality trading strategy

Identifies how the permittee will meet the permit requirements

Developing the Plan/Strategy

Page 11: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Conducting an inventory and identifying sources of pollution

Identifying load reduction potential, critical source areas or credit generators

Propose corrective measures/best management practices

Estimate pollutant reductions

Assisting with Development

Page 12: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Adaptive Management◦ In-stream water quality monitoring plan

Water Quality Trading◦ Modeling load reductions in order to calculate

credits

Unique Program Components

Page 13: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

If approved, the permittee will then have a compliance schedule in the WPDES permit to implement the plan or strategy

◦ This will likely occur in 5-year increments consistent with 5-year WPDES permit terms

◦ Permittees may contract with NPS implementers to assist with completing the goals of the plan/strategy

Implementing the Plan/Strategy

Page 14: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Contracts

Responsibilities

Funding

Regulatory authorities

Implementing BMPs

Verification

Tracking & Reporting

Implementation Considerations

Page 15: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Use to define scope of work

Clearly identify roles and responsibilities between parties involved

Considerations for a contract:◦ Identify funding information, if applicable ◦ Timeline and schedule for implementation◦ Post-implementation responsibilities◦ Tracking and reporting◦ Ability to re-evaluate and modify contract conditions

Contracts with a Permittee

Page 16: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Participation in AM or WQT by the permittee is required once incorporated into the permit ◦ Permittee is responsible for compliance with the

WPDES permit requirements and water quality limits

Contracts between permittees and NPS implementers should outline responsibilities

NPS implementers will be responsible for activities and tasks agreed to in a contract

Permit compliance cannot be transferred from the permittee

Note on Responsibilities

Page 17: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Will the permittee pay the NPS implementer for their services?

Who manages the money?

What activities should be considered for funding:◦ Staff expenses◦ Best management practices ◦ Maintenance of practices◦ Performance incentives◦ Other?

Funding AM/WQT Implementation

Page 18: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Local State Federal NGO/Other

Work with the appropriate program contacts to determine project eligibility and overlap

with AM or WQT programs

Overlap with Other Funding Programs

Page 19: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

• NR 153 does not allow for funding of permit compliance requirements

o Includes TRM and NOD grantso Eligibility will depend on:

How the plans/strategies are developed? What is written into the permit compliance schedule?

• DNR may review projects on a case-by-case basis to determine eligibility

DNR Funding Overlap

Page 20: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Implementation of local, state or federal regulations may overlap with the implementation goals of AM or WQT

It is important for landowners to understand the difference between voluntary program participation and existing regulatory requirements

Regulatory Authorities

Page 21: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Ordinances◦ Town, Village, City, County◦ Examples: zoning, livestock siting, animal waste,

manure storage, storm water management, building codes, etc.

Educate the permittee on how these authorities interact with the implementation of AM or WQT

Local Authorities

Page 22: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

DNR◦ NR 243 and NR 151 are the primary water quality

standards related authorities

Other state authorities◦ i.e DATCP

State Authorities

Page 23: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Production sites = no implementation options◦ Required to meet “zero discharge”

Cropland = potential implementation options◦ To participate, facility has to maintain compliance

their WPDES permit◦ Proposed practices should go beyond the existing

WPDES permit requirements◦ Practices could be related to something not

regulated by the WPDES permit

NR 243: Permitted Farms

Page 24: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Site is posing imminent threat to public health or fish and aquatic life…

◦ Timeline for compliance to stop the threat may not be conducive to participation in AM or WQT

◦ Case-by-case fashion regarding their participation in AM or WQT…

NR 243: Non-permitted Farms

Page 25: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Runoff pollution performance standards and prohibitions for agricultural facilities to meet water quality standards

Implementation of AM and WQT does not require compliance with NR 151 performance standards

DNR expects the performance standards to be attained However, if a permittee is proposing to not attain the performance

standards, they will need to submit the proposal to DNR for review

Manure management prohibitions are not available as options for WQT

Prohibited activities Typically not able to be modeled for credit calculations

NR 151

Page 26: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Sheet, rill and wind erosion* Tillage setback Phosphorus index* Manure storage facilities Process wastewater handling Clean water diversions Nutrient management*

*Most likely to be considered for AM and WQT implementation

NR 151: Ag Performance Standards

Page 27: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

No overflow of manure storage facilities

No unconfined manure pile in a water quality management area

No direct runoff from a feedlot or stored manure to waters of the state*

No unlimited access by livestock to waters of the state*

*Most likely to be considered for AM implementation

NR 151: Prohibitions

Page 28: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Mostly program participation

Landowner’s responsibility to ensure compliance

OR Sign a release with NPS implementer to assist

with information review

Federal Authorities

Page 29: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Participation in AM and WQT is voluntary for the landowner

Compliance with local, state or federal regulations or program requirements may not be voluntary in order to continue participation in those programs (depending on the program requirements)

Landowners should understand how participating in AM or WQT may/may not impact their participation in other programs

Voluntary vs. Regulatory

Page 30: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Federal Programs◦ Recommend participants work with the federal

program contacts on program requirements

State Programs◦ Work with appropriate agency contacts to ensure

compliance with applicable program requirements

Local Programs◦ Work with local contacts

Overlap with Existing Programs

Page 31: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Meet with participants

Identify eligible BMPs

Develop agreement/contract with

participant

Design and install BMPs

Verify post-construction conditions

Document project status

Implementation of Practices

Page 32: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Long-term verification of BMPs

◦ Additional funding for maintenance?

◦ How long; how often?

◦ Continued load reduction modeling (WQT)

◦ In-stream monitoring (AM)

Post-Implementation

Page 33: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Tracking systems

◦ Pollutant load modeling

◦ BMPs and technical standards used

◦ Location information

◦ Compliance determinations with AM/WQT

contracts

◦ Repairs/modifications needed/completed

Report to permittee for permit compliance

Tracking & Reporting

Page 34: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Compliance and enforcement◦ Depends on the agreement/contract language

with the landowner◦ Depends on the agreement/contract language

with the NPS implementer

Statewide Variance

Unanswered Questions

Page 35: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Draft guidance document will be posted on DNR’s guidance website for comment

◦ Anticipated by the end of March

http://dnr.wi.gov/news/input/guidance.html

Next Steps

Page 36: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

AM and WQT are tools for NPS implementers to use to help meet local goals to control NPS pollution

There are no regulatory requirements for NPS implementers to participate in AM and WQT

Take-home Message

Page 37: Amy Callis, Agricultural NPS Implementation Coordinator Mary Anne Lowndes, Runoff Management Section Chief Wisconsin Department of Natural Resources

Questions/Discussion

Amy CallisAgricultural NPS Implementation Coordinator

[email protected]

Mary Anne LowndesChief, Runoff Management Section

[email protected]