Regulatory Compliance

New Vineyard Water Quality Permit

In July 2017 The San Francisco Bay Regional Water Quality Control Board approved a new water quality WDR permit for vineyards in the Napa River and Sonoma Creek watersheds. The WDR permit, also called ORDER NO. R2-2017-0033, implements the fine sediment TMDLs for these two basins. Nonpoint pollutants are evaluated through technical studies and a concept called Total Maximum Daily Loads or TMDLs. The concept is that there is too much “loading” of a pollutant for the waterway to support beneficial uses such as fish habitat, water supply or recreation. The waterway is “listed as impaired” by the pollutant.

The Russian, Napa, Navarro and Gualala Rivers and Sonoma Creek are impaired by excess fine sediment.
A TMDL technical study is done to define the sources of the pollutant and the amounts, or percentage of reduction, needed for the beneficial uses to be unimpaired. The approved TMDL identifies fine sediment loading in the Napa River watershed from four sources: vineyards and grazing lands, roads, creek and river channel erosion, and shallow landslides. The Napa River TMDL mandates a 51% reduction in sediment from vineyards, a 51% reduction from roads, a 51% reduction from channel erosion, and a 51% reduction from shallow landslides associated with human activity.
The Sonoma Creek TMDL identifies channel erosion as the largest source of fine sediment. Surface erosion from vineyards and grazing lands, erosion from roads and landslides are the other major sources of fine sediment. The TMDL calls for an 81% reduction in fine sediment loading from all four sources.
The Order/WDR permit is found here:
https://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMD...

Who has to participate?

This Order regulates “discharges” or storm water runoff. “Vineyard Property” is defined as the entire parcel or contiguous parcels under the same ownership, where grapevines are planted on part of the property. 

a. Any existing Vineyard Property where ≥ 5 acres are planted in grapevines. A “Hillslope Vineyard” is defined by grapes planted on an average slope > 5 percent. There are different requirements for hillslope vineyards.
b. Any new Vineyard Property where ≥ 5 acres are planted in grapevines on a slope ≤ 30 percent; or
c. Any existing or new Vineyard Property where < 5 acres are planted in grapevines that is deemed by Water Board staff to discharge waste that could affect water quality and could be adequately regulated through this Order.
This Order does not apply to any new Vineyard Property where: a) vineyard development involves a timber conversion plan or permit; b) any part of a vineyard is located on a slope >30 percent; or c) the vineyard would be constructed on a ridgetop. These sites require the completion of an individual permit.

What does a grower have to do?

The vineyard owner/manager must complete the following tasks:
Complete Notice of Intent on the Regional Boards website https://geotracker.waterboards.ca.gov/enoi/
Complete farm water quality protection plan (Fish Friendly Farming farm plan) with approved third party, or complete addendum (if needed) and tiering for existing FFF certified plan
Have farm plan certified and submit certification letter
Complete BMP implementation photo-monitoring
Contribute to regional monitoring program/ complete on site monitoring program if site is in tier 2 or 3
Complete annual reporting

What is a Farm Plan?

The Farm Plan must include all of the following elements:
Base map(s);
Conservation practices to control discharges of agrichemicals;
Conservation practices to control Farm Area sediment discharge and to attenuate peak runoff associated with vineyard drainage systems;
Conservation practices to reduce sediment discharge and attenuate peak runoff associated with property access roads;
Conservation practices to protect and/or enhance stream-riparian habitat complexity and connectivity;
Water quality controls for reservoirs that receive recycled wastewater, and which may discharge to surface waters of the State (as applicable); and
Photo point monitoring.

Does my existing Fish Friendly Farming Farm Plan provide compliance?

Fish Friendly Farming Farm Plans from 1999-2017 already address the requirements of the permit with a few exceptions. If your vineyards are over 5% slope we will need to complete a short evaluation of the drainage system and of some features of the roads. Please submit a WDR Compliance sign up to us. Put link

All new 2018 farm plans are incompliance and won’t require any additional evaluations.

What is tiering?

The permit established tiers for vineyard parcels:
Tier 1 (Stewardship Tier): A Discharger may qualify for enrollment under Tier 1 (Stewardship Tier), if the Farm Plan for the Vineyard Property has been completed and verified, the Farm Plan is fully implemented to achieve all applicable performance standards for discharge, and (as applicable) the Vineyard Property establishes stream setbacks and/or participates in a tributary or reach-based stewardship including the Rutherford Napa River Restoration, the Oakville to Oak Knoll Napa River Restoration, the Carneros Creek Adaptive Management Plan, and/or any other reach or tributary scale stewardship plan that has been reviewed and approved by the Water Board.
Tier 2: A Discharger may qualify for enrollment under Tier 2 if it has developed a verified Farm Plan or is working with an approved Third-Party Program to develop a verified Farm Plan for the Vineyard Property.
Tier 3: Tier 3 Dischargers are those who elect to develop a Farm Plan for a Vineyard Property independently - without the Farm Plan being verified by an approved Third-Party Program

All FFF farm plans will be placed in a tier by our program based on the criteria above

Timeline