Submission Draft April 1, 2011 Section Two Program Description 2011-2016 NPS Pollution Management Plan Introduction The Arkansas Natural Resource Commission (ANRC) is the lead agency responsible for Arkansas’ Nonpoint Source (NPS) Pollution Management Plan. The plan provides a broad framework and aspirational objectives for implementation of the NPS Pollution Management Plan. Program Structure Arkansas’ NPS Pollution Management Plan includes two major components: a statewide program consisting of issue specific areas of concern and a select group of priority watersheds identified and proposed by engaged stakeholders. Statewide programs focus prevention and, to a lesser extent, abatement activities on a particular land use or group of land and water uses. Typical activities may include identification and/or development of appropriate best management practices (BMPs), BMP monitoring, demonstration projects, training, and outreach. Table 2.1 lists the 2011-2016 statewide programs and identifies the section where the program description can be found. Table 2.1: 2011-2016 statewide programs Section Statewide Program 4 Agriculture, including row crop agriculture and animal agriculture 5 Silviculture 6 Resource Extraction 7 Surface Erosion, including construction, and hydrologic modification 8(a) Road construction and maintenance 8(b) Urban runoff 9 Developing Issues: Adapting the NPS Program to New and Changing Policies, Resources and Technologies The priority watershed program focuses watershed implementation on priority 8digit hydrologic unit code (HUC) watersheds where there are known impairments or significant threats to water quality from present and potential future activities. Waterbodies with an approved total maximum daily load (TMDL) will automatically be Program Description Arkansas 2011-2016 NPS Pollution Management Plan Effective Date: October 1, 2011 2.1 Submission Draft 3-14-2011 considered a priority watershed, except in cases in which the TMDL does not have an NPS component or the source cannot be identified (e.g., TMDLs for pH or mercury only). Typical priority watershed program activities may include assessments to identify target sub-watersheds, development of a Nine Element Plan, and implementation projects. Implementation projects that target sub-watersheds where measurable water quality improvements can be expected in a specified timeframe will be given preference. The Arkansas NPS Pollution Management Plan recognizes that water quality improvements most often occur where there are active and effective local watershed groups involved. Table 2.2 shows the status of local institutional capacity and planning in each of the identified priority watersheds as well as the section where the priority watershed program is described. Table 2.2: Status of priority watersheds, 2011 Sec Action Plan Reaches Nine with Element NPS Plan TMDL1 Priority Watershed Watershed Group 10 Beaver Reservoir Ozark Water Watch West Fork of the White River Group ABLE – Association for Beaver Lake Environment Beaver Lake Watershed Partnership Kings River Watershed Partnership 11 Poteau River 12 Bayou Bartholomew Bayou Bartholomew Alliance x Update 2009 8 13 Illinois River Illinois River Watershed Partnership x Update 2010 In Process 14 Lake Conway Point Remove 15 Lower Ouachita Smackover Region III Stream Team 8 16 Strawberry River Strawberry River Watershed Group 8 17 Upper Saline River Alliance For An Improved Middle Fork 2 18 L’Anguille River L’Anguille Watershed Group x January 2004 3 2 3 Program Description Arkansas 2011-2016 NPS Pollution Management Plan Effective Date: October 1, 2011 x March 2009 5 2.2 Submission Draft 3-14-2011 19 1 Cache River Cache River Watershed Group 5 Completed NPS-related TMDLs only Funds Allocated On a Project Basis Funds are allocated on a project basis. Watershed projects promote understanding of the full range of stressors in a watershed – physical, chemical, and biological – that may be affecting aquatic life and human health. When all significant sources and stressors are understood, the program is better able to focus on those controls that are more likely to produce measurable improvements in ecosystem health. Administratively, watershed projects are highly efficient. They encourage local and statewide cooperating entities to focus staff and financial resources on prioritized geographic locations and facilitate coordination of resources among interested parties. Also, they provide local agencies with an opportunity to take leadership roles in ecosystem protection. Individual watershed projects provide a statewide proving ground for innovative approaches as new models are developed and new watershed-level management approaches are tested. Finally, watershed projects encourage local agencies and citizen groups to get involved either by participating in state or federal projects or by starting their own watershed projects. Successful projects create a sense of ownership within the project area and engender enthusiasm that will carry forward to new initiatives. The elements of an effective watershed project are: Building a Project Team and Public Support: Developing effective institutional arrangements and ownership of the project by stakeholders. Defining the Problem: Developing an inventory of the watershed and its problems and conducting baseline monitoring. Setting Goals and Identifying Solutions: Developing project goals, a list of management measures, and a detailed plan for their implementation. Implementing Controls: Obtaining funding, securing commitments, and installing controls. Measuring Success and Making Adjustments: Documenting success in meeting goals, monitoring, changing management measures as needed, and ensuring project continuity. Incremental Funds Arkansas will focus watershed implementation on priority 8-digit HUC watersheds where there are known impairments or significant threats to water quality from present and future activities. Only watersheds selected as priority watersheds will be eligible for section 319(h) funding from the U.S. Environmental Protection Agency’s (EPA) “incremental funds.” In addition, ANRC will encourage other state agencies to target their efforts toward these same watersheds. To further focus limited resources to Program Description Arkansas 2011-2016 NPS Pollution Management Plan Effective Date: October 1, 2011 2.3 Submission Draft 3-14-2011 achieve measurable results, Arkansas will give preference to implementation projects that focus defensibly on sub-watersheds within identified priority watersheds and effectively leverage limited available resources. Prioritization of Sub-watersheds Project proposals for implementation projects will include a description of the data and the analytic methodology used to prioritize sub-watersheds. The prioritization methodology will be reviewed on a number of criteria including but not limited to: what data were used (quantitative analyses will be given preference, analyses that provide comparative rankings of sub-watersheds will be given preference); methodology used to analyze the data (e.g., land use change from GIS, SWAT models, Water Erosion Prediction Project (WEPP), etc.; validation methodology and assumptions used in setting modeling parameters; how the data were collected (rigorous methods of data collection will be given preference); how complete and up-to-date the data used are; whether there is meta-data (GIS) or a data dictionary (databases) that enable the data to be shared with other analysts/researchers (data that can be shared will be given preference); and the degree to which the data/analysis have been or can be verified through analytic methods or through other objective means. ANRC will review the prioritization methodology used before a proposal is forwarded for peer review (see process description below). If the prioritization methodology is determined to be inadequate, the proposal will not receive further consideration. Cost-share as a Project Component Recognizing that agriculture is consistently listed as the most frequent nonpoint source of impairment to Arkansas waterbodies in the state’s 303(d) List of Impaired Waterbodies, watershed-based implementation projects may include cost-share to encourage agricultural producers to implement and maintain specific BMPs as one component of a project proposal. Proposals that include cost-share for other types of entities will not be considered. BMPs to be cost-shared are selected and approved on a project by project basis from BMPs identified in the statewide program sections of this update (or the best available BMPs at the time the proposal is submitted). ANRC works with cooperating entities to identify appropriate and economical BMPs that producers will be able and willing to implement. Projects that include cost sharing are targeted at a single watershed. Where practical, the U.S. Department of Agriculture (USDA) Environmental Quality Incentive Program (EQIP), the Conservation Reserve Program (CRP), the Conservation Reserve Enhanced Program (CREP), the Wildlife Habitat Improvement Program (WHIP), the Wetland Reserve Program (WRP), Mississippi River Basin Initiative (MRBI), Discovery Farm Projects, conservation easements, and other state and local cost-share (both public and private) are coordinated with the NPS Pollution Management Plan’s cost-share. However, many of the USDA programs (EQIP for example) are not targeted by watershed. The available opportunities to leverage program funds are limited. Program Description Arkansas 2011-2016 NPS Pollution Management Plan Effective Date: October 1, 2011 2.4 Submission Draft 3-14-2011 Proposal Review Process Project Selection: Projects are selected through a competitive process. Eligible entities are invited to submit proposals. Proposals are reviewed through a structured process and projects are selected for funding consistent with the funds available. NPS Pollution Management Plan staff work with potential grantees on a continuous basis to encourage a pool of proposals that address the most critical needs of the NPS Pollution Management Program as identified by ANRC. The following is a narrative description of the competitive grant process. Eligibility: Entities eligible to receive Section 319(h) grants include state and local government agencies, 501(c)(3) nonprofit organizations, and universities. Other entities are not eligible. ANRC may at its discretion waive eligibility requirements on a case-bycase basis when it is in the best interests of the Arkansas NPS Pollution Management Plan. Call for Work Plans: The Arkansas NPS Pollution Management Plan issues a call for work plans on an annual basis. The ANRC management team maintains an active list of interested stakeholders (both entities and individuals are included). Any eligible entity may request to be added to the email distribution list to receive the Call for Work plans. The call for work plans provides a format for proposal submission and a due date for proposals. ANRC may at its discretion solicit additional project work plans during the course of the year or accept unsolicited project work plans for consideration if it is in the best interests of the Arkansas NPS Pollution Management Plan. Work Plan Review and Project Selection: Work plans must pass through multistage review. ANRC staff review submitted work plans for completeness. Staff may return incomplete work plans for additional work or reject incomplete work plans from further consideration at their discretion based on the merits of the work plan and the needs of the NPS Pollution Management Plan. Completed work plans are forwarded to a peer review team for evaluation. The peer review team includes representatives of current or past 319 grant recipients selected by ANRC. No grant recipient may have more than one representative on the peer review team. Members of the peer review team independently rank all proposals as high, medium or low priority. NPS Pollution Management Program staff also independently review and rank work plans. After all rankings are submitted, the peer review team and NPS management staff meet as a group to discuss the strengths and weaknesses of work plans relative to the NPS Pollution Management Program objectives. This group may recommend changes to the project design in order to strengthen project outcomes. A committee of NPS Pollution Management Program staff then reviews all rankings as well as other input to make funding recommendations to ANRC management. ANRC management review staff recommendations to make the final determination for project funding. Program Description Arkansas 2011-2016 NPS Pollution Management Plan Effective Date: October 1, 2011 2.5 Submission Draft 3-14-2011 Work Plan Development: Entities submitting projects selected for funding will be notified and asked to develop a detailed work plan. ANRC may at its discretion ask for project modifications in order to strengthen project outcomes. Project Reporting Projects generate quarterly reports that describe progress toward task completion and expenditure reporting and annual reports that provide implementation data to estimate load reduction as well as a discussion of successes and failures and mid-course adjustments to the scope of work. All projects submit a final report. To provide input into the adaptive management process, sponsors of active projects will be invited to participate in a two day peer review process annually. Project holders will present information and respond to questions about their project from peers and members of the NPS Pollution Management Program Stakeholder Group. In addition, all participants in the peer review process will work together to identify lessons learned, which will be provided to the Stakeholder Group and ANRC staff to guide the adaptive management process. Program-level Annual Reporting As the lead agency, ANRC prepares an annual report that documents the state’s implementation of the NPS Pollution Management Plan. The Clean Water Act details the requirements for the Annual Report. Specifically: Section 319(h)(11) Reporting and Other Requirements. Each State shall report to the Administrator on an annual basis concerning: a. its progress in meeting the schedule of milestones submitted pursuant to subsection (b)(2)(C) of this section; and b. to the extent that appropriate information is available, reductions in nonpoint source pollutant loading and improvements in water quality for those navigable waters or watersheds within the State which were identified pursuant to subsection (a)(1)(A) of this section resulting from the implementation of the management program. In Arkansas, responsibility for (a) and (b) above are divided between two state agencies. a. ANRC administers the NPS Pollution Management Plan and reports on progress toward meeting the schedule of milestones; and b. the Arkansas Department of Environmental Quality (ADEQ) is responsible for monitoring and assessing the waters of the state “to the extent that appropriate information is available.” ADEQ issues two major reports on a roughly biennial basis: the Water Quality Inventory Report (also called the 305(b) report) and the List of Impaired Waterbodies (also called the 303(d) report). ADEQ has responsibility for assessing the waters of the state. In addition to ADEQ’s monitoring activities, ANRC maintains a limited long-term supplemental monitoring program that is included in the annual report. ANRC’s longterm monitoring stations supplement but do not duplicate, ADEQ monitoring. Program Description Arkansas 2011-2016 NPS Pollution Management Plan Effective Date: October 1, 2011 2.6 Submission Draft 3-14-2011 On the project level, ANRC estimates load reduction utilizing the Region 5 and STEPL models, which are entered into the Grants Reporting and Tracking System (GRTS). Where project monitoring is included as a component of a funded project, monitoring typically is for the purpose of BMP demonstration. These data are only useful and available at the completion of the project. In addition to meeting reporting requirements to EPA, the annual report will be used to communicate program status to the NPS Pollution Management Program Stakeholder Group, thus enabling the stakeholders to participate in evaluating programs and recommending mid course corrections or new projects on an ongoing basis. Adaptive Management Approach The 2011-2016 NPS Pollution Management Plan will continue to use an adaptive management approach. The NPS Pollution Management Plan Stakeholder Group will meet every other year to review the NPS Pollution Management Plan. The stakeholders include individuals and organizations that have an interest in identifying and solving water quality problems and in monitoring the effectiveness of these solutions over time. Entities represented in the Stakeholder Group include but are not limited to: Arkansas Oil and Gas Commission Arkansas Highway and Transportation Department Arkansas Department of Heritage Arkansas Home Builders Association Arkansas Natural Resources Commission Arkansas Municipal League Alliance for an Improved Middle Fork Beaver Water District Arkansas Association of Conservation District Employees Central Arkansas Water Arkansas Rural Water Association East Arkansas Planning and Development District Arkansas League of Women Voters U.S. Environmental Protection Agency Arkansas Canoe Club Friends of North Fork/White River Arkansas Cattlemen’s Association FTN Associates Arkansas Chapter, Associated General Contractors Fulton County Conservation District Arkansas Department of Environmental Quality Kings River Watershed Group Illinois River Watershed Partnership L’Anguille River Watershed Coalition Arkansas Department of Health Lake Fayetteville Watershed Partnership Arkansas Department of Parks & Tourism Leatherwood Creek Watershed Program Description Arkansas 2011-2016 NPS Pollution Management Plan Effective Date: October 1, 2011 2.7 Submission Draft 3-14-2011 Arkansas Environmental Federation Little Red River Action Team Arkansas Farm Bureau Livestock and Poultry Association Arkansas Forestry Association Lower Little River Watershed Coalition Arkansas Game and Fish Commission MacGeorge Construction Arkansas Association of Conservation Districts National Weather Service Arkansas Pork Producers Association Ouachita Watch League National Park Service Ozark Foothills RC&D Council Northwest Arkansas RC&D Council Plum Creek Timber Company Arkansas Public Policy Panel Scott County Organization to Protect the Environment Arkansas River Valley RC&D Council Southwest Arkansas Planning and Development District Arkansas Office of the Governor University of Arkansas at Little Rock Arkansas State Plant Board Arkansas State University University of Arkansas Division of Agriculture Cooperative Extension Service University of Arkansas Division of Agriculture Research Stations Arkansas Tech University Arkansas Water Resource Center University of Arkansas Watershed Research and Education Center University of Arkansas Division of Agriculture Public Policy Center Association of Arkansas Counties University of Center Arkansas Southwest Arkansas RC&D Council Upper White River Basin Foundation Audubon Arkansas U.S. Fish and Wildlife Service Bayou Bartholomew Alliance U.S. Geological Survey St. Francis County Conservation District USDA Farm Service Agency The Nature Conservancy USDA Forest Service Arkansas Poultry Federation USDA Natural Resources Conservation Service U.S. Army Corps of Engineers Watershed Conservation Resource Center Program Description Arkansas 2011-2016 NPS Pollution Management Plan Effective Date: October 1, 2011 2.8 Submission Draft 3-14-2011 West Center Arkansas Planning and Development District University of Arkansas at Fayetteville West Fork – White River Watershed Western Arkansas Planning and Development District White County Conservation District White River Planning and Development District University of Arkansas at Monticello The stakeholder review will include: lessons learned from the annual project review process; NPS Annual Reports and estimated load reductions; review changes in water quality as reported by ADEQ in its 305(b) water quality report and 303(d) list of impaired waterbodies, monitoring data from implementation projects in sub-watersheds, and water quality data from other sources; review the updated Qualitative Risk Assessment Matrix. The Qualitative Risk Assessment Matrix will be updated prior to each task force meeting, (using the most recent information available from ADEQ, USGS and other resource entities, new NPS-related TMDLs, most recent land use data, etc); and review objectives and milestones for priority watersheds and statewide programs. Based on this review, the stakeholders will make a recommendation to ANRC about proposed modifications to the NPS Pollution Management Plan. The stakeholders may recommend changes to the list of priority watersheds, objectives, or milestones. Based on this review, ANRC will determine whether or not to submit a program update to EPA for consideration. Program Description Arkansas 2011-2016 NPS Pollution Management Plan Effective Date: October 1, 2011 2.9