OFFICE FOR COASTAL MANAGEMENT

coast.noaa.gov

NOAA Office for Coastal Management

Coastal Nonpoint Pollution Control Program

Docket: Finding that Washington Has Satisfied All Conditions of Approval on its Coastal Nonpoint Program

January 31, 2024

  1. Statutes, Regulations, and Rules
  2. Guidance, Policies, and Plans
  3. Correspondence
  4. Technical References
  5. Other

A. Statutes, Regulations, and Rules
  1. Application of Pesticides and Plant Nutrients through Irrigation Systems, Chapter 16-202 WAC.
  2. Boating and Recreational Activities, Skagit County Code Chapter 9.04.
  3. Coastal Zone Act Reauthorization Amendments of 1990 (CZARA) Section 6217(a), 16 U.S.C. 1455b, 1990.
  4. Construction Projects in State Waters (Hydraulic Code), Chapter 77.55 RCW.
  5. Dairy Nutrient Management, Chapter 90.64 RCW.
  6. Endangered Species Act of 1973, 16 U.S.C. §1531 et seq., 1973.
  7. Federal Water Pollution Control Act (also known as Clean Water Act), 33 U.S.C. Section 1251 et seq, 1972.
  8. Forest Practices, Chapter 76.09 RCW.
  9. Forest Practices Board, Title 222 WAC.
  10. General Pesticide Rules, Chapter 16-228 WAC.
  11. Growth Management - Planning by Selected Counties and Cities (Growth Management Act), Chapter 36.70A RCW.
  12. Hydraulic Code Rules, Chapter 220-110 WAC.
  13. Local Planning and Management of Nonpoint Source Pollution (Puget Sound Watershed Recovery Plans), Chapter 400-12 WAC.
  14. Minimum Water Flows and Levels, Chapter 90.22 RCW.
  15. On-Site Sewage Disposal Systems-Marine Recovery Areas, Chapter 70.118A RCW.
  16. On-Site Sewage Systems, Chapter 246-272A WAC.
  17. Puget Sound Highway Runoff Program, Chapter 173-270 WAC.
  18. Puget Sound Water Quality Protection, Chapter 90.71 RCW.
  19. Salmon Recovery Act, Chapter 77.85 RCW.
  20. Shoreline Management Act of 1971, Chapter 90.58 RCW.
  21. State Environmental Policy, Chapter 43.21C RCW.
  22. State Master Program Approval/Amendment Procedures and Master Program Guidelines, Chapter 173-26 WAC.
  23. Solid Waste Management - Reduction and Recycling, Chapter 70.95 RCW.
  24. Streamflow Restoration, Chapter 90.94 RCW.
  25. Washington Pesticide Application Act, Chapter 17.21 RCW.
  26. Washington Pesticide Control Act, Chapter 15.58 RCW.
  27. Water Pollution Control Act, Chapter 90.48 RCW.
  28. Water Resources Act of 1971, Chapter 90.54 RCW.
  29. Watercraft Regulations, Pierce County Code Chapter 8.88.
  30. Watershed Planning Act, Chapter 90.82 RCW.

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B. Guidance, Policies, and Plans
  1. State Fiscal Year 2025 Funding Guidelines Water Quality Combined Funding Program, Washington State Department of Ecology. Publication 23-10-020, August 2023.
  2. Shellfish Grant Programmatic Guidelines, Washington State Conservation Commission, July 2023.
  3. Washington Sport Fishing Rules Effective July 1, 2023 – June 30, 2024, Washington Department of Fish and Wildlife, July 2023.
  4. Washington’s Water Quality Management Plan to Control Nonpoint Sources of Pollution, Washington State Department of Ecology, Publication No. 22-10-025, January 2023.
  5. Voluntary Clean Water Guidance for Agriculture, Chapter 10 - Livestock Management: Pasture and Rangeland Grazing, Washington State Department of Ecology, Publication number 20-10-008d, December 2022.
  6. Voluntary Clean Water Guidance for Agriculture, Chapter 12 - Riparian Areas and Surface Water Protection. Washington State Department of Ecology, Publication No. 20-10-008b, December 2022.
  7. Recirculating Gravel Filter Systems – Recommended Standards and Guidance for Performance, Application, Design, and Operation and Maintenance. Washington Department of Health, DOH-337-011, February 2021.
  8. Irrigation Water Management Code 449 Conservation Practice Standard, Natural Resources Conservation Service, January 2020.
  9. Stormwater Management Manual for Western Washington, Washington Department of Ecology, July 2019.
  10. Lizon, P., Year 2018 Report on Activities to Implement: Washington State’s Water Quality Plan to Control Nonpoint Source Pollution, April 2019.
  11. Maintenance Manual M 51-01.08, Washington State Department of Transportation, April 2019.
  12. The 2018-2022 Action Agenda for Puget Sound, Puget Sound Partnership, December 2018.
  13. McIntyre, A.P., M.P. Hayes, W.J. Ehinger, S.M. Estrella, D. E. Schuett-Hames, and T. Quinn (technical coordinators), Effectiveness of Experimental Riparian Buffers on Perennial Non-fish-bearing Streams on Competent Lithologies in Western Washington, Washington Department of Natural Resources, September 2018.
  14. Irrigation System, Surface and Subsurface Code 443 Conservation Practice Standard, United States Department of Agriculture Natural Resources Conservation Service, September 2018.
  15. Waste Treatment Lagoon Code 359 Conservation Practice Standard, United States Department of Agriculture Natural Resources Conservation Service, September 2018.
  16. Funding Guidelines State Fiscal Year 2020 Water Quality Financial Assistance, State of Washington Department of Ecology, July 2018.
  17. 2017 Report on Activities to Implement Washington State’s Water Quality Plan to Control Nonpoint Source Pollution, Washington Department of Ecology, March 2018.
  18. Adventures in Boating Washington Handbook, Washington State Parks, 2018. Document is copyrighted. Cannot make available electronically. Can provide a hard copy upon request.
  19. Rodgers, C., Forest Practices Habitat Conservation Plan, Annual Report, Washington State Department of Natural Resources, December 2017.
  20. Shoreline Master Programs Handbook, Washington Department of Ecology, December 2017.
  21. Irrigation System, Microirrigation Code 441 Conservation Practice Standard, United States Department of Agriculture Natural Resources Conservation Service, July 2017.
  22. Waste Storage Facility Code 313 Conservation Practice Standard, United States Department of Agriculture Natural Resources Conservation Service, July 2017.
  23. Black, C., C. Foss and R. Maguire, Washington Pesticide Laws and Safety: A Guide to Safe Use and Handling for Applicators and Dealers, Washington State University Extension, H-1055, 2017. Document is copyrighted. Cannot make available electronically. Can provide a hard copy upon request.
  24. Pollution Prevention for Washington State Marinas, Washington Sea Grant, September 2016.
  25. Wetland Guidance for CAO Updates, Washington Department of Ecology, June 2016.
  26. Kennedy Creek Proposed Natural Resources Conservation Area, Mason & Thurston Counties, Washington, Washington State Department of Natural Resources, May 2016.
  27. Highway Runoff Manual M 31-16.04, Washington State Department of Transportation, February 2016.
  28. 2016 State of Salmon in Watersheds: Governor’s Update, Washington State Recreation and Conservation Office, 2016.
  29. Non-Shellfish Programmatic Guidelines, Washington State Conservation Commission, November 2015.
  30. Washington’s Water Quality Management Plan to Control Nonpoint Sources of Pollution, Washington Department of Ecology, July 2015.
  31. Clean Water and Livestock Operations: Assessing Risks to Water Quality, Washington Department of Ecology, June 2015.
  32. Guide for Shoreline Living, Washington State University Extension, 2015.
  33. Johannessen, J., MacLennan, A., Blue, A., Waggoner, J., Williams, S., Gerstel, W., Barnard, R., Carman, R., and Shipman, H., Marine Shoreline Design Guidelines, Washington Department of Fish and Wildlife, March 2014.
  34. Nutrient Management Code 590 Conservation Practice Standard, United States Department of Agriculture Natural Resources Conservation Service, February 2014.
  35. Section 22 - Guidelines for Adaptive Management Program, Forest Practices Board Manual, Washington State Department of Natural Resources, August 2013.
  36. Guidance for Effectiveness Monitoring for Total Maximum Daily Loads in Surface Waters, Washington Department of Ecology, May 2013.
  37. Interim Riparian Buffer Recommendations for Streams in Puget Sound Agricultural Landscapes, National Marine Fisheries Service, November 2012.
  38. Integrated Pest Management (IPM) Code 595 Conservation Practice Standard, United States Department of Agriculture Natural Resources Conservation Service, August 2012.
  39. 2010 Stormwater Monitoring and Assessment Strategy for the Puget Sound Region, Puget Sound Stormwater Work Group, June 30, 2010.
  40. Environmental Procedures Manual M 31-11.05, Washington State Department of Transportation, October 2008.
  41. Forest Practices Habitat Conservation Plan, December 2005.
  42. The Chehalis/Greys Harbor Watershed Dissolved Oxygen, Temperature, Fecal Coliform Bacteria TMDL Detailed Implementation (Cleanup) Plan, Publication Number 04-10-065, Washington Department of Ecology, November 2004.
  43. Policy Clarification on Overlap of 6217 Coastal Nonpoint Programs with Phase I and II Stormwater Regulations. Memorandum from Charles Sutfin, Director, Assessment and Watershed Protection Division, EPA and John King, Acting Chief, Coastal Programs Division, NOAA to State Water Division Directors and EPA Regional Water Division Directors, December 20, 2002.
  44. The Washington Comprehensive Monitoring Strategy and Action Plan for Watershed Health and Salmon Recovery, Monitoring and Oversight Committee, December 2002.
  45. Cramer, M., Bates, K., Miller, D., Boyd, K., Fotherby, L., Skidmore, P., and Hoitsma, T., Integrated Streambank Protection Guidelines, Washington Department of Fish and Wildlife, 2003.
  46. Forests and Fish Report, U.S. Fish and Wildlife Service, NOAA National Marine Fisheries Service, U.S. Environmental Protection Agency Region 10, the Office of the Governor of the State of Washington, the Washington State Department of Natural Resources, the Washington State Department of Ecology, the Colville Confederated Tribes, the Washington State Association of Counties, the Washington Forest Protection Association, and the Washington Farm Forestry Association, April 1999.
  47. Final Administrative Changes to the Coastal Nonpoint Pollution Control Program Guidance (cover letter and enclosure titled “Final Administrative Changes to the Coastal Nonpoint Pollution Control Program Guidance for Section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990”) from Robert H. Wayland, III, Director, Office of Wetlands, Oceans and Watersheds , EPA and Jeffrey Benoit, Director, Office of Ocean and Coastal Resource Management, NOAA to State Coastal Zone Management Program Mangers, State Water Quality Program Directors, and Water Management Division Directors, EPA Regions, October 16, 1998.
  48. Flexibility for State Coastal Nonpoint Programs, NOAA and EPA, March 16, 1995.
  49. Coastal Nonpoint Pollution Control Program: Program Development and Approval Guidance, NOAA Office of Ocean and Coastal Resource Management and EPA Office of Wetlands, Oceans and Watershed, 1993.
  50. Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters, 840-B-92-002, Office of Water, EPA, January 1993.
  51. Agricultural Waste Management Field Handbook, Natural Resources Conservation Service, various dates.
  52. Forest Practices Board Manual, Washington State Department of Natural Resources, various dates.
  53. Conservation Reserve Enhancement Program Factsheet, Washington State Conservation Commission, no date.
  54. Regional Road Maintenance Endangered Species Act Program Guidelines, Washington State Department of Transportation, no date.

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C. Correspondence
  1. Ecology’s Authority to Prevent Non-point Source Pollution and Require Implementation of Management Measures, Memo from Ronald L. Lavigne, Senior Counsel, to Ben Rau, Watershed Planning Unit Supervisor, RE: Ecology’s Authority to Prevent Non-point Source Pollution and Require Implementation of Management Measures. July 12, 2019.
  2. Ecology’s Authority to Prevent Non-Point Source Pollution and Require Implementation of Management Measures, Memo from Ronald L. Lavigne, Assistance Attorney General, to Helen Bresler, Water Quality Program, RE: Ecology’s Authority to Prevent Non-Point Source Pollution and Require Implementation of Management Measures. July 14, 2004.
  3. Ecology’s Authority and Commitment to Prevent Non-Point Source Pollution, Memo from Gordon White, Shorelands and Environmental Assistance Program Manager and Heather Bartlett, Water Quality Program Manager, to Joelle Gore (NOAA), Lynda Hall (EPA) and Dan Opalski (EPA) RE: Ecology’s Authority and Commitment to Prevent Non-Point Source Pollution. August 1, 2019.

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D. Technical References
  1. Key Draft Rule Changes (Fact Sheet), Washington State Department of Health, September 2023.
  2. Clark, C., Krall, M., Ross, K., and P. Roni. Reach-Scale Project Effectiveness Monitoring Program 2017 Annual Report. Cramer Fish Sciences, February 2018.
  3. “TMDL Outline,” Washington Department of Ecology, June 2017.
  4. Henderson Inlet Fecal Coliform Total Maximum Daily Load: Water Quality Effectiveness Monitoring Program, Washington Department of Ecology, January 2017.
  5. The Effectiveness of Riparian Vegetation at Intercepting Drift from Aerial Pesticide Application, Data Report, Washington State Department of Agriculture, January 2016.
  6. Recirculating Gravel Filter Systems – Recommended Standards and Guidance for Performance, Application, Design, and Operating & Maintenance, Washington State Department of Health, March 2015.
  7. Evaluation of On-Site Sewage Systems Nitrogen Removal Technologies: Recirculating Gravel Filters and Vegetated Denitrifying Woodchip Bed, University of Washington and Washington Department of Health, December 2013.
  8. Treaty Rights at Risk: Ongoing Habitat Loss, the Decline of the Salmon Resource, and Recommendations for Change, Western Washington Treaty Tribes, July 2011.
  9. Puget Sound Local On-site Sewage Management Plans - A Report to the Legislature, Washington State Department of Health, May 2009.

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E. Other
  1. 2022 Report on Activities to Implement Washington State’s Water Quality Plan to Control Nonpoint Source Pollution, Washington State Department of Ecology, May 2023. (Available upon request.)
  2. Concentrated Animal Feeding Operation National Pollutant Discharge Elimination System and State Waste Discharge General Permit, Issuance Date: December 7, 2022, Expiration Date: January 5, 2028, Washington Department of Ecology, December 2022.
  3. 2022 State of Salmon in Watersheds Executive Summary, Governor’s Salmon Recovery Office, February 2023.
  4. A National Pollutant Discharge Elimination System (NPDES) and State Waste Discharge General Permit for Stormwater and Wastewater Discharges Associated with Boatyards, Permit No. WAG030000, Washington Department of Ecology, July 20, 2022.
  5. Proper Fish Waste Disposal Matters for Marinas (blog), Washington State Department of Ecology, June 2022.
  6. Governor’s Salmon Strategy Update: Securing a Future for People and Salmon in Washington, Office of the Governor, 2021.
  7. Settlement Case 2:16-cv-01866-JCC, Document 175, Filed 01/08/2021 (Available upon request.)
  8. Map of U.S. Dams Removed Since 1912, American Rivers, 2021.
  9. 2020 Report on Activities to Implement Washington State’s Water Quality Plan to Control Nonpoint Source Pollution, Washington State Department of Ecology, May 2021. (Available upon request.)
  10. 2020 State of Salmon in Watersheds Executive Summary, Governor’s Salmon Recovery Office, December 2020.
  11. Implementing Agreement Between Washington Department of Ecology and the Washington State Department of Transportation Regarding Application of the Highway Runoff Manual. Signed March 4, 2019 and March 22, 2019.
  12. Puget Sound Watersheds (website), Puget Sound Partnership, April 2018.
  13. A River Reconnected: Removing the Pilchuck River Diversion Dam, NOAA Fisheries News, August 27, 2020.
  14. Dam Removal Brings Hope for Salmon in Washington’s Middle Fork Nooksack River, NOAA Fisheries News, July 16, 2020.
  15. 2017 Report on Activities to Implement Washington State’s Water Quality Plan to Control Nonpoint Source Pollution, Washington State Department of Ecology, March 2018. (Available upon request.)
  16. Minimum Elements of a Dairy Nutrient Management Plan, Washington Department of Agriculture, June 2017.
  17. Conservation Reserve Enhancement Program (Factsheet), Washington State Conservation Commission, 2022.
  18. Checklist for Conservation District Approval of a Dairy Nutrient Management Plan, Washington State Conservation Commission, January 2013.
  19. Memorandum of Understanding between the Washington State Department of Agriculture and the Washington State Department of Ecology Related to the State of Washington’s Efforts to Protect Water Quality Related to Livestock Under the Authority of Chapter 90.48 RCW, Water Pollution Control Act, and Chapter 90.64 RCW, Dairy Nutrient Management Act. Signed 11/8/2011 and 11/15/2011.
  20. Findings for the Washington Coastal Nonpoint Program. NOAA and EPA (June 30, 1998)
  21. Memorandum of Understanding Between the Washington State Departments of Ecology and Transportation Regarding Environmental Issues Under Department of Ecology Jurisdiction. Signed August 4, 1988.
  22. Elwha Dam Wikipedia page, no date.
  23. Environmental Quality Incentives Program (website), Natural Resources Conservation Service, no date. EPA National Estuary Program Pathogens Grant: Pollution Identification and Correction (website), Washington State Department of Health, no date.
  24. Floodplains by Design Grant Program (website), Washington Department of Ecology, no date.
  25. Glines Canyon Dam Wikipedia page, no date.
  26. Grants and Loans Map Viewer and Search Tool (website), Washington State Department of Ecology, no date.
  27. IACC - Together We Build Infrastructure (website), Infrastructure Assistance Coordinating Council (IACC), no date.
  28. Irrigation Efficiencies Grant Program (website), Washington State Conservation Commission, no date.
  29. Padilla Bay National Estuarine Research Reserve Coastal Training Program (website), Washington Department of Ecology, no date.
  30. Puget Sound Vital Signs: Understanding Ecosystem Health (website), Puget Sound Partnership, no date.
  31. Puget Sound Watersheds (website), Puget Sound Partnership, no date.
  32. Salmon Recovery and Puget Sound Acquisition and Restoration (website), Washington State Recreation and Conservation Office, no date.
  33. Shoreline and Coastal Planners Group: A Collaborative Project of Washington Sea Grant and Washington State Department of Ecology (website), Washington Department of Ecology and Washington Sea Grant, no date.
  34. Shoreline Planners Toolbox (website), Washington Department of Ecology, no date.
  35. Total Maximum Daily Load Process (website), Washington Department of Ecology, no date.

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