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Tribal Nonpoint Source Planning Handbook
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Assessment Report

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The two ancient petroglyph figures represent the time when all people lived carefully and in balance with the natural creation. They are helpers from the vast storehouse of ancestor knowledge maintained by tribal cultures. The turtle is a central figure because many tribal Americans call North America “the Turtle Island.”

Report
Model

Templates:
Overview
Introduction
Methodology
Land Use Summary
Surface & Ground Water
   Quality Summary
Results
Discussion
Selection of Best
   Management Practices
Nonpoint Source
   Control Programs
Conclusions
References
Appendices
Acronym List

Sources

Nonpoint Source Assessment Report

The nonpoint source assessment report should include four categories of information:


Peeps
  1. An identification of navigable waters that cannot be expected to attain or maintain tribal water quality standards without the control of nonpoint source pollution. If the tribe does not have water quality standards, state standards can be used for evaluation of water quality.
  2. An identification of the categories and subcategories of nonpoint source pollution that contribute to the water quality problems for the individual waters identified in paragraph (1). For a listing of major nonpoint source pollution categories and subcategories, refer to the latest Guidelines for the Preparation of State Water Quality Assessments (305(b) Reports), published by EPA.
  3. A description of how the tribe will identify the best management practices (BMPs) needed to control each category and subcategory of nonpoint source pollution identified in paragraph (2), as well as a description of how the management practices will be used to reduce the level of pollution resulting from these sources. Such factors as public participation and inter/intragovernmental coordination should be included.
  4. A description of any existing tribal, state, federal, and other programs that might be used for controlling nonpoint source pollution.

Model for a Nonpoint Source Assessment Report

Section 319(a) of the Clean Water Act specifies the information that must be included in tribal nonpoint source assessment reports. To facilitate the preparation of these reports, a detailed guide to nonpoint source assessment report preparation follows.

Reference Documentation. Some tribes or states may already have collected data that will assist in developing a nonpoint source assessment report. With this information, tribes can assess nonpoint source pollution problems and determine baseline
water quality data without completing additional water quality surveys. States and tribes can also use the data collected with section 106 funds to help identify high-priority problems.

Components . The following sections should be included in the nonpoint source assessment report:

  • Cover — The cover should contain at least a title and the date (month and year) of the assessment.
  • Contents — The contents should consist of the heading of each major section of the assessment report and its page number.
  • List of tables — If tables are included in the nonpoint source assessment report, a separate list should identify each table and its page number.
  • List of figures — If figures are included, a separate list should identify each figure and its page number.
  • List of appendices — If appendices are included, a separate list should identify each appendix.
  • Main body of report — The sections that follow serve as a model for the content of each section of the nonpoint source assessment report.

Nonpoint Source Assessment Report

For the most part, the examples that follow have been drawn from approved tribal nonpoint source assessment reports and management programs.

OVERVIEW

In the overview, state the purpose of the report and explain the need for a nonpoint source assessment report for the tribal lands. Also provide a general summary of the analysis that will follow, stressing major conclusions and broad areas of concern. Discuss only significant data and general findings in this section. The section should be concise and ideally should not exceed one page in length.

  Example ( VTNRDEC, 1988a):
Four statewide water quality assessments completed in 1988 greatly increased the information base for this report. These include assessments of point and nonpoint source pollution influencing rivers and streams; lakes and ponds; ground water; and an assessment of toxic pollutant sources. Some degree of threat was estimated to exist for 908 river miles or 20% of those which fully support their uses at the present time. A higher level of threat (86%) was attributed to the uses of 153,319 acres of lakes which presently fully support their uses.

Nonpoint sources are the most widespread sources of water pollution. The four most common nonpoint types of water quality impairments in rivers are siltation/turbidity, habitat alterations, nutrient enrichment, and flow alterations. Other common problems are thermal modifications and pathogens. The most significant sources of these impairments were agricultural runoff, hydromodification below hydropower dams and erosion from construction sites.


INTRODUCTION

In the introduction, include the goals and objectives of the nonpoint source assessment report. An example of a goal statement is “to identify the nature and extent or threat of nonpoint source pollution on tribal lands and waters.” Objectives should be specific, measurable actions or intentions that lead to achievement of the goal(s).

Example (CTUIR, 1994):

The goal of the Assessment and Management Plan is to provide guidance for future efforts to effectively and efficiently address nonpoint sources of water pollution on the Umatilla Indian Reservation and throughout the Umatilla River watershed. The objectives of the Assessment and Management Plan are (1) to document water quality and watershed conditions, (2) to draw linkages between upstream-downstream and channel-upslope conditions, and (3) to elucidate a broad approach (technical, policy, and legal issues) to address currently degraded conditions.


 

METHODOLOGY

In the methodology section, describe how and where the data for the analysis of the nonpoint sources of pollution were obtained. Also describe any uncommon software or evaluation techniques. Describe thoroughly how the study was conducted, as well as any assumptions made in the analysis. In addition, include a listing of all documents referenced and environmental specialists contacted. Details to be included are ( FPAST, 1993a ):

  • Explanations of abbreviations or classifications developed specifically for the assessment (e.g., “Drainage areas were divided into subunits for more precise analysis of the tribal waters”).
  • Types of sampling and purpose of the sampling (e.g., macroinvertebrates, metal concentrations, nutrient loadings, concentrations of particular toxic substances).
  • Assumptions made during the course of the analysis (e.g., “Water quality assessments for each surface waterbody were completed based on the state surface water classification system and the uses designated for each”).

Example (CTUIR, 1994):

Direct contacts to secure data were made with state and federal agencies. Data were primarily accessed through EPA Region 10’s STORET water quality data base. Information obtained from STORET had as its primary sources the USDI-Bureau of Reclamation, USDA-Forest Service, Oregon Department of Environmental Quality, and the USDI-Geological Survey/Oregon Water Resources Department. Information (primarily stream temperature) was also obtained directly from the Pendleton office of the Oregon Department of Fish and Wildlife and the Confederated Tribes of the Umatilla Indian Reservation (CTUIR) Fisheries Program. Ground water quality data from sporadic sampling (primarily 1987-1990) were obtained from CTUIR Water Resources Program. Summarized data on ground water was also obtained from Oregon’s Statewide Assessment of Nonpoint Sources of Water Pollution. Other potential sources which were contacted but from which no data were obtained were the Oregon Department of Forestry, the Columbia-Blue Mountain Resource Conservation and Development Council, the Umatilla County Soil and Water Conservation District, and the USDA-Agricultural Research Service.

Water quality information in STORET is geo-referenced by latitude and longitude and therefore we were able to create a geographic information system (GIS) layer of sampling/monitoring locations. This was overlaid on the 1:100,000 EPA River Reach file obtained from the Oregon State GIS Service Center located in the Oregon Department of Energy in Salem. An additional overlay was created by CTUIR staff of “subwatersheds” based on watershed boundaries, sampling/monitoring stations, and land use. The map of River Reaches, with sampling/monitoring locations and subwatershed boundary overlays, was created at the 1:250,000 scale.


 

LAND USE SUMMARY

The purpose of this section is to describe in general the existing conditions on the tribal lands. Begin this section with a description of the tribal lands and include a map of the area, as well as a regional location map of the area.

Example (FPAST, 1993a):
Map of Reservation.
Click on map above for larger view.
Figure 1. Fort Peck Indian Reservation

A brief description of land uses and socioeconomic conditions is also included in this section.

Example (EBCI, 1993a, cited in USEPA, 1994a):

The Cherokee lands in North Carolina consist of approximately 56,000 acres, of which 48,688 acres are located in Swain and Jackson counties. Since the majority of the land and water resources which comprise the reservation are located in Swain, Haywood, and Jackson counties, this area alone represents the target of this assessment. The remaining lands in Cherokee and Graham counties present a “checkerboard” pattern, and the tribe does not own sufficient tracts of land to have any control over the water quality of the streams involved. These areas will be assessed at a later date, as funding is available, to determine what measures are needed to prevent/correct nonpoint source pollution problems from these lands. Consideration will be given to adopting state water quality standards for these areas in Cherokee and Graham counties.

The Cherokee Indian Reservation is located in the southern Appalachian Mountains of western North Carolina. Thin soils and steep topography characterize the land as highly erodible. Much of the land on the reservation is covered in timber, and tribal members frequently log individual tracts of land. Developed land is utilized for housing, public buildings, and commercial structures associated with tourism (i.e., motels, restaurants, attractions). Other tourist attractions include trout fishing and camping.


 

SURFACE AND GROUND WATER QUALITY SUMMARY

The purpose of this section is to thoroughly describe the existing conditions of the tribal waters. A detailed map of the reservation waters and a complete description of the waters are the focus of this section.

Example (FPAST, 1993a):
Figure 2. Stream Basins - Fort Peck Indian Reservation

Example (FPAST, 1993a):

Porcupine-Milk River Drainage - The Porcupine-Milk River Drainage is located on the west side of the reservation. The Porcupine is a C-3 classification. Waters classified C-3 are suitable for bathing; swimming and recreation; and growth and propagation of non-salmonid fishes and associated aquatic life, waterfowl, and furbearers. The quality of these waters is naturally marginal for drinking, culinary and food processing purposes, agriculture, and industrial water supply. The existing land uses are predominantly rangeland, dryland crop agriculture, and limited irrigated lands. The dryland crop agriculture is characterized by strip fallow operations and associated saline seeps common to the northern great plains. Land ownership is a mix of fee title, allotted, trust, and tribal lands.

Biological Condition Values over the past 3 years for this drainage range from 23 (severe) to 50 (moderate). The habitat impairment values on the Porcupine range from 62 to 88 out of total score of 100. The supportability rating ranges from partial support to full support over the past 3 years. Some sections rated full support, but threatened.


Describe all surface water and ground water hydrology and quality. Include appropriate graphics highlighting existing water quality conditions. They should be in chart or tabular form wherever possible for ease of reading and interpretation.

Example (VTNRDEC, 1988a):
Use Support Status for Assessed Rivers and Streams - Vermont State Summary
Figure 3. Use Support Status for Assessed Rivers and Streams - Vermont State Summary

Existing nonpoint source pollution reduction programs for the tribal lands should be identified and generally discussed in this section. These programs may be tribal, local, state, or federal programs used by the tribe that deal with nonpoint source management on tribal lands.

Example 1 (EBCI, 1993a, cited in USEPA, 1994a):

The Tribe has a limited number of programs in place to deal with issues related to nonpoint source pollution. The Tribe has begun an environmental education program to alert tribal members to the various types of pollution and to activities that assist in protecting the environment. For erosion and sediment control, a sediment catch basin has been constructed at the Tribal landfill to control sediment loss during storm events.


Example 2 (VTNRDEC, 1988a):

Programs for controlling nonpoint sources of pollution continue to evolve and have included initiatives at local, state, and federal levels. A state strategy for identifying and reducing nonpoint source problems was designed as early as February 1975. Nonpoint source control programs that have been developed and are being implemented across Vermont are presented below by nonpoint source category.Agriculture - Federal programs for controlling agricultural nonpoint source pollution in Vermont provide opportunities for landowners to voluntarily cooperate with one of fourteen Natural Resources Conservation Districts throughout Vermont in order to become eligible for federal financial and technical assistance from the USDA’s Agriculture Stabilization and Conservation Service and the Natural Resources Conservation Service. Federal programs in Vermont to control agricultural nonpoint sources include the Watershed Protection and Flood Prevention Program, the Resource Conservation and Development Program, the Rural Clean Water Program, and the Agricultural Conservation Program.


 

RESULTS

In this section, present the available scientific information related to nonpoint source pollution on the tribal lands. Also provide data tables for surface water and ground water. Include details such as the following:

  • Name of the waterbody
  • Size/length
  • Pollutant identified in the segment or cause of impairment (source of pollutant, if possible)
  • Severity of impairment
Example (FPAST, 1993a):
Waterbody Stream (miles) Pollutant Source Severity
Porcupine / Sargent Creek 12 NH3, Fe, P Grazing, Roads Moderate
Porcupine / Lower Fork 32 Temperature Agriculture Moderate

Discuss each major type of water quality parameter or pollutant (e.g., fecal coliform, total suspended solids, phosphorus, toxics) and identify waterbodies moderately or severely impacted by each.

Example 1 (CTUIR, 1994):

Bacteria - Either one or both of the state water quality criteria for fecal coliform bacteria and enterococcus are frequently exceeded for the Umatilla River below the Umatilla Indian Reservation, Butter Creek, Birch Creek, McKay Creek, and parts of Wildhorse Creek. Very high levels of coliform bacteria are recorded at the Umatilla River at Rieth station. Sources are municipal wastewater treatment facilities, individual septic/drainfield systems, confined animal feeding areas, soil from surface or streambank/bed erosion.

Stream Temperature - This parameter has the best monitoring coverage, both in terms of geographic extent and period of record. The state water quality standard for stream temperature, 68o F (20o C), is exceeded throughout the Umatilla River Basin for an extended period each year, usually mid-June through mid-September. The only exceptions are the North Fork Umatilla River and Buck Creek, both of which are in the North Fork Umatilla Wilderness Area on the Umatilla National Forest; temperatures above 68o F occur infrequently. The primary causes of high stream temperatures are removal of riparian vegetation (habitat alteration), water withdrawal (flow alteration), and irrigation return flow.


Example 2 (FPAST, 1993a):

Nutrients - Nutrients of concern on the Reservation are nitrogen and phosphorus. They originate from fertilizers, animal and human wastes, urban runoff, and natural sources. Nutrients may stimulate excessive growth of algae in rivers or nuisance aquatic weeds in lakes and reservoirs, rendering water aesthetically unattractive or unsuitable for recreation. Grazing and farming practices on the Reservation contribute to increased nutrient levels. A “threshold” value of 0.1 mg/L total phosphorus is exceeded for the Umatilla River from below Gibbon to the mouth and in Wildhorse and McKay Creeks. In addition, ground water has been impacted by nitrates.


Summary tables are also effective in documenting the impacts of various pollutants. Tables should include, at a minimum, the information provided in the example below.

Example (VTNRDEC, 1988a):

Pollutant Major Impact (miles) Minor Impact (miles)
Pathogens 64.2 174.4
Thermal modification 116.3 358.4
Nutrient 205.0 121.6

Analyze the data according to category of nonpoint source pollution (e.g., agriculture, silviculture, urban, construction). Identify the waterbodies affected by each category and the severity of impacts. For each category, identify nonpoint source pollution subcategories if possible. For a listing of major nonpoint source pollution categories and subcategories, refer to the latest Guidelines for the Preparation of State Water Quality Assessments (305(b) Reports), published by EPA.

Example (EBCI, 1993a, cited in USEPA, 1994a):

Waterbody Cause Source (subcategory) Degree of Impact
Raven Fork siltationpH silviculture
(road maintenance)
other
(atmospheric deposition)
moderatehigh
Bunches Creek organic
enrichment,
siltation
land disposal
(septic tanks)
construction
(land development)
slighthigh
Adams Creek organic
enrichment
agriculture
(hog feedlot)
slight


 

DISCUSSION

In this section, discuss the information presented in the Results section. Highlight the waters that are impaired by nonpoint source pollution and require nonpoint source control measures. Identify the categories of nonpoint source pollution (e.g., agriculture, silviculture, construction) that are causing the majority of the impaired water uses, and rank them based on the amount of quantifiable impairment. In addition, include a description of the relationship between nonpoint source pollution and specific impaired water quality parameters, as well as any subsequent effects.

Example (FPAST, 1993a):
  • Excess salts in the water supply due to nonpoint source pollution are impairing water used for livestock watering and irrigation.
  • High nutrient levels in drinking water that are generated by agricultural runoff are increasing the risk of human health problems.
  • High sedimentation rates caused by upstream construction are destroying vital fish spawning habitat.

 

SELECTION OF BEST MANAGEMENT PRACTICES

The purpose of this section is to identify the established process for selecting best management practices (BMPs) on the tribal lands. Include in this section:

  1. Core participants. In addition to listing the agency(ies), organization(s), or task force(s) responsible for BMP selection, briefly describe their mission statements and membership composition.

    Example (VTNRDEC, 1988a):

    The process to identify BMPs has been conducted in conjunction with the Vermont Nonpoint Source Task Force. The Task Force was established by the Secretary of the State Agency of Natural Resources in part to secure public participation in the nonpoint source control planning process. Membership consists of 20 representatives from a broad range of organizations including the Vermont Department of Agriculture, the Natural Resources Conservation Districts, Soil Conservation Service, private consultants, the Home Builders Association of Northern Vermont, and others listed in the Appendix.

    The Task Force adopted the following mission statement: “To prepare by August 4, 1988, portions of a four-year management program for nonpoint source pollution in Vermont as required by the 1987 Amendments to the Federal Clean Water Act; specifically, (1) to identify or develop BMPs for controlling each of these sources of nonpoint pollution; (2) to identify most appropriate means of implementing the BMPs; (3) to estimate the relative significance of various sources of nonpoint pollution in Vermont such as agriculture, silviculture, construction, urban runoff, and water course modification; and (4) to solicit public comment on these conclusions.”

    With the aid of the Vermont Department of Environmental Conservation, the Task Force examined the technical standards for all major nonpoint sources of pollutants identified in Vermont, including agricultural operations, hydropower facilities, and construction sites. Seven were recognized by the Task Force as having water pollution control standards which are either inadequate or which need further study for technical adequacy. Where there were two standards, the Task Force recommended the BMP which should be favored as the “state standard” for a specified source. Although the Task Force is concerned with emerging problems, the highest priority is to assure that appropriate standards exist for the most serious nonpoint sources and to conduct further assessment on those sources which have led to serious impacts.

    In addition to Task Force review of technical standards, BMPs are routinely evaluated by the Agency of Natural Resources. The Agency is continually upgrading its own rules and policies and urging other federal and state agencies to do the same with their own standards.


    Also identify the level of participation for each agency, organization, or task force. Examples of levels of participation include:

    Technical assistance
    Education
    Demonstration projects
    Financial assistance

  2. Public participation and governmental coordination. In this section, highlight the use of public participation and public comment in the process of selecting BMPs and any inter/intragovernmental coordination.

    Example (FPAST, 1993a):

    Tribal Council procedure provides public participation and public comment. A resolution authorizes submittal of the assessment plan to other federal agencies. Section 319 of the Federal Clean Water Act requires each tribe to describe tribal and local programs for controlling pollution from nonpoint sources. There are numerous programs, administered by a variety of agencies, which aim to control nonpoint source pollution. County conservation districts are designated the nonpoint source management agencies for non-federal lands. The program is intended to encourage adoption and implementation of BMPs. Technical assistance, education, demonstration projects, and financial assistance are used to implement BMPs.


  3. Specific programs. Discuss any specific programs (e.g., U.S. Department of Agriculture cost-share programs) that have been contacted for BMP selection assistance. An example of the appropriate level of detail follows.

    Example (FPAST, 1993a):

    The U.S. Department of Agriculture cost-share programs offer financial incentives for implementation of BMPs on agricultural lands on the Fort Peck Reservation. The Corps of Engineers’ 404 Dredge and Fill Permit Program controls nonpoint source pollution resulting from hydromodification activities. The Montana Salinity Control Association, a consortium of conservation districts in dryland farming areas, provides educational and technical assistance to implement agricultural management practices to control saline seep.

    The Tribal Water Resource Control Commission conducts water quality monitoring, assesses and prioritizes nonpoint and point source problems, develops solutions, and provides management of these problems. A priority list is kept of stream segments and lakes that have assessed man-caused water quality problems. The list is used to focus and conserve limited management resources.


  4. Existing BMPs. Describe existing BMPs, organized by category of nonpoint source pollution. A table is a straightforward way of listing the existing BMPs.

    Example (FPAST, 1993a):

    Agriculture BMPs

    BMP Nonpoint Source Category (subcategory)
    Channel vegetation Dryland crop production
    Fencing Feedlots/animal holding
    Crop residue use Dryland crop production,
    Irrigated crop production
    Windbreak renovation Dryland crop production
    Range seeding Rangeland/grazing


  5. Pollution reduction. Finally, include a description of the process that will be used to reduce the level of pollution resulting from identified nonpoint sources of water pollution.

    Example (FPAST, 1993a):

    Fort Peck’s Section 319 program will emphasize agriculture. The process for identifying BMPs for this category will consist of adopting USDA-Natural Resources Conservation Service Field Office Technical Guide standards.

    Agriculture - The BMPs selected from the Natural Resources Conservation Service standards and specifications are currently in use by a majority of the producers on the reservation. Additional BMPs addressing pesticide application, fertilizer management, and streambank stabilization may need to be added. One or more BMPs known as a resource management system will be selected for each land use within a targeted watershed. Proper application of a resource management system will ensure the nonpoint source pollution is minimized. Cooperating agencies will develop new BMPs if appropriate ones do not exist to solve a specific problem.

    Utilization of agricultural BMPs for nonpoint source water pollution control on Fort Peck is voluntary. Success in solving nonpoint source pollution problems has been limited primarily to smaller streams and projects.


 

NONPOINT SOURCE CONTROL PROGRAMS

For each category of nonpoint source pollution (e.g., agriculture, silviculture, urban), identify and describe all available programs for controlling nonpoint sources of pollution regardless of whether they are currently being used on the tribal lands. These should include tribal, local, state, or federal programs that deal with nonpoint source pollution management on the reservation.

Example (FPAST, 1993a; VTNRDEC, 1988a):
  • Agricultural Conservation Program
  • Acceptable Management Practices for Maintaining Water Quality on Logging Jobs
  • Corps of Engineers’ 404 Dredge and Fill Permit Program
  • State Land Use and Development Control Laws

 

CONCLUSIONS

This section provides a summary of the key findings of the nonpoint source assessment report and lists special concerns. Identify the category(ies) of nonpoint source pollution that is/are most detrimental and will be targeted through the section 319 program.

Example (FPAST, 1993a):

Four nonpoint source categories are responsible for a significant fraction of the threatened or impaired waterbodies on the reservation: agriculture, hydromodification, mining, and land disposal. BMPs have been developed and are identified in the Fort Peck nonpoint source management plan. Fort Peck’s Section 319 program will emphasize agriculture. The process for identifying BMPs for this category will consist of adopting USDA-Natural Resources Conservation Service Field Office Technical Guide standards.

The BMPs selected from the NRCS standards and specification are currently in use by a majority of the producers on the reservation. Additional BMPs addressing pesticide application, fertilizer management and streambank stabilization may need to be added. Cooperating agencies will develop new BMPs if appropriate ones do not exist to solve a specific problem.


 

REFERENCES

This section provides bibliographic information on sources cited or referred to in the text of the report.

 

APPENDICES

Include in the appendices additional information that is important to the understanding of a certain section of the report, but not significant enough to be included in the body of the text. This material should be supplementary to the information presented in the body of the text.

Example (FPAST, 1993a; VTNRDEC, 1988a):
  • Criteria for designated use support classification.
  • Documentation of pollution sources affecting tribal rivers and streams.
  • Selected portions of toxics assessment reports that are relevant to tribal waters.
  • Membership lists for local nonpoint source task forces and member affiliations.
  • Current ground water nonpoint source pollution assessment reports.
  • Descriptions of Waterbody System information categories.
  • Relevant tribal government resolutions relating to nonpoint source pollution.

 

ACRONYM LIST

In this section, provide a list of acronyms used throughout the nonpoint source assessment report.

 

Sources

Documents that might provide additional assistance during the preparation of a nonpoint source assessment report include:

  • Waterbody System Users Manual (WBS 1996) - Available from USEPA Regional Offices (August 1995)
  • Supplemental EPA Region VIII Guidance: Water Quality Standards for Indian Tribes - USEPA, Region 8, Water Management Division (June 1995)
  • Guidelines for the Preparation of the 1996 State Water Quality Assessments (305(b) Reports) - USEPA, Office of Water (May 1995; updated every 2 years)
  • A Tribal Guide to the Section 319(h) Nonpoint Source Grant Program - USEPA, Office of Water (September 1994)
  • Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters - USEPA, Office of Water (January 1993)
  • Reference Guide to Water Quality Standards for Indian Tribes - USEPA, Office of Water (January 1990)
  • Nonpoint Source Guidance - USEPA, Office of Water (December 1987)
  • Surface Water and Wetlands Protection Program Operating Guidance FY 1988 - USEPA, Office of Water (April 1987)

 

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