ROUGH DRAFT – FOR INTERNAL USE ONLY 12-15-14 Key Elements of Chesapeake Bay Watershed Agreement Healthy Watersheds Management Strategy Content (see Appendix for more guidance related to these elements): 1. Executive Summary. [To be completed by the CBPO Communications Team] [About the EPA Healthy Watersheds Program, from their website] The EPA Healthy Watersheds Program began in 2008 as an initiative to enhance EPA’s ability to protect healthy aquatic ecosystems and their watersheds. The Program provides a strategic framework and tools for holistic watershed protection for state, tribal, and local programs. Key elements of the Program include: Partnerships are established to identify and protect healthy watersheds. Healthy watersheds are identified by states and tribes with their partners using scientifically-sound, integrated assessments. Healthy watersheds are listed, tracked, maintained, and increased in number. Healthy watersheds are protected and, if applicable, enhanced using the best regulatory and non-regulatory tools. Progress on protecting healthy watersheds is measured and tied to securing and raising the overall goals of EPA’s Water Program, including direct support of the public health and environmental goals established in EPA’s Strategic Plan. To date, the EPA Healthy Watersheds Program has worked with several states to conduct integrated assessments of watershed health. These states include California, Wisconsin, and Alabama. More information on the Program can be found on the EPA Healthy Watersheds Program website. 2. Outcomes and Baselines. Healthy Watersheds Goal: Sustain state-identified healthy waters and watersheds recognized for their high quality and/or high ecological value. Healthy Watersheds Outcome: 100 percent of state-identified currently healthy waters and watersheds remain healthy. [From Outcome Justification Document:] Outcome Justification: States have developed definitions of healthy watersheds, hence “state-identified.” Inclusion of “waters and watersheds” recognizes that PA, WV, and NY currently identify healthy stream segments, not watersheds. Other states identify watersheds. 1 ROUGH DRAFT – FOR INTERNAL USE ONLY 12-15-14 Inclusion of “100%” and “currently” provides for more explicit accountability. There is no baseline year for the outcome (e.g. “By 2025”), as originally proposed in the Draft agreement, because healthy waters and watersheds would ideally be protected in perpetuity, and not just by a set date. Why is this outcome important? Complements the Total Maximum Daily Load (TMDL) “dirty waters” approach to water resources management. Protection of healthy waters and watersheds avoids high cost of restoration. Healthy non-tidal watersheds are necessary to assure sustainable Bay health. Healthy watersheds provide value to local communities, as well as social and economic benefits. 3. Jurisdictions and agencies participating in the strategy. Team Lead: Healthy Watersheds Goal Team Opportunities for Cross-Goal Team Collaboration: Sustainable Fisheries Goal Implementation Team Habitat Goal Implementation Team Water Quality Goal Implementation Team Fostering Chesapeake Stewardship Goal Implementation Team Participating Partners: State of Delaware State of Maryland State of New York Commonwealth of Pennsylvania Commonwealth of Virginia State of West Virginia Chesapeake Bay Commission U.S. Environmental Protection Agency National Oceanic and Atmospheric Administration (NOAA) U.S. Army Corps of Engineers (USACE) U.S. Fish and Wildlife Service (USFWS) U.S. Geological Survey (USGS) U.S. Forest Service (USFS) The Nature Conservancy (TNC) a. Local engagement. There is an important role for local governments, watershed associations, nonprofits and the private sector in achieving the outcome. 2 ROUGH DRAFT – FOR INTERNAL USE ONLY 12-15-14 [From Local Engagement WG Minutes:] Our list of assumptions: 1. Healthy Watersheds provide various local and Bay water quality benefits. 2. Cumulative impact of unsustainable development is the primary threat to “healthy watersheds.” 3. Land use change is controlled to a significant degree by local decisions and local factors. 4. The status quo is loss of healthy watersheds. 5. Change in locally-driven land use trends will be required to maintain healthy watersheds, and “local engagement” is the proposed intervention. 4. Factors influencing ability to meet goal. [From 2013 Strategy:] Key factors affecting achievement of the goal and outcome: 1. landscape condition, including forest cover, impervious surface, and connectivity between terrestrial and aquatic habitats; 2. flow regimes and channel stability; 3. land conservation; 4. private sector land use practices, including forest and stream corridor protection and stormwater runoff management; 5. government program implementation, including Clean Water Act anti-degradation, local code and ordinance enforcement, planning, and land protection; 6. accountability, including use of metrics for tracking and reporting stream and watershed health, threats, and protection status; 7. knowledge level of key constituents and decision makers, including local governments, local watershed groups and other key interest groups. [From STAC recommendations:] Natural Systems Factors: Degree of WIP Implementation Protected Lands Outcome Stream Health Outcome Toxic Contaminants Outcome WQ Standards Outcome Human Systems Factors: Different definitions of ‘Healthy Waters’ 3 ROUGH DRAFT – FOR INTERNAL USE ONLY 12-15-14 Awareness of threats to existing healthy watersheds Awareness of existing healthy watersheds [From 10/30 Work Session Minutes:] The focus on funding TMDL implementation is an influencing factor; a more balanced investment in restoration (i.e., TMDL) and protection is needed for success. [From 12/4 LGAC meeting; may not belong in this section:] Prevalence of "healthy" watersheds AND "healthy does not equal unimpaired" create a problem with messaging, e.g. northern tier of PA can't relate to need to clean up Bay/local streams when they see map. Need to find balance between economic development and maintaining healthy waters, comments from Malcolm Derk related to change in PA statute around buffers, 100 ft. set back Need to figure out how to share information more effectively, many don't know if they have healthy waters (opportunity to connect to Local Leadership Outcome!) Penny Gross (Fairfax County) asked about issue of local governments being sued for land protection efforts. Include legal challenges in Factors Influencing?? Protection must be articulated in terms of public benefit/economic benefits. Current efforts and gaps. [From 2012 Decision Framework] Landscape condition Current Efforts: There are a number of watershed-wide characterizations of landscape condition that can be made available for use in healthy watershed protection planning and accountability. Among them are the forest, impervious area and protected lands data layers that are illustrated above under "Factors Influencing Goals." Gaps: Generally, there is a lack of information concerning trends in landscape condition. Some of the available watershed-wide data layers that characterize landscape condition are out of date. Managers need science-based guidance on landscape-scale conditions (e.g., minimum percent forest cover, maximum percent effective impervious area) that are necessary to assure healthy watershed protection. Local government planning Current Efforts: With respect to water resources, local government planning efforts in the Chesapeake Bay watershed today are preoccupied with the 4 ROUGH DRAFT – FOR INTERNAL USE ONLY 12-15-14 exigencies of the Bay TMDL and their respective State Watershed Implementation Plans. Gaps: Generally, the identification and protection of healthy watersheds has not received enough attention in public discourse to make it a planning and resource allocation priority at the local level. Efforts are needed to raise awareness and understanding of the issue. Localities need a better understanding of the economic justification of healthy watershed protection. Localities need models of successful healthy watershed protection strategies that are relevant to their local planning and implementation context. Land Conservation Current Efforts: There is a wide variety of government and non-government land conservation efforts including current state commitments to increase lands under permanent protection, land conservancies, and the EO13508 strategy commitment to protect an additional two million acres in the Chesapeake Bay Watershed. Gaps: Generally, existing land conservation programs are not targeted for the particular purpose of protecting currently healthy streams and watersheds. Land use practices Current Efforts: There are many existing resources that describe land use practices that can contribute to healthy stream and watershed protection. They are widely available through the internet at web sites of government agencies and non-government organizations at all levels. Gaps: Evaluation of gaps relevant to the communication, promotion and implementation of private-sector land use practices may be a topic that the goal team will pursue at a later date. Government program implementation Current Efforts: Antidegradation: State water quality standards include an antidegradation policy and implementation method. The water quality standards regulation requires States to establish a three-tiered anti-degradation program. Gaps: Current monitoring programs do not provide adequately for tracking and reporting the efficacy of the jurisdictions' anti-degradation policies. Presently, there is no clear linkage between actions that could be taken to protect currently healthy watersheds (e.g., forest preservation) and the tracking and accountability system through which management actions will be credited for purposes of the Bay TMDL. 5 ROUGH DRAFT – FOR INTERNAL USE ONLY 12-15-14 a. Actions, tools or technical support needed to empower local government and others. 5. Management Approach. [From the 2013 Strategy Document:] Consensus Goal Team overarching (multi-year) strategies: Strategy 1: provide a forum for mutual learning and exploration of scientific and management issues; Strategy 2: develop information resources, including health and protection status tracking capabilities, and otherwise support communications about healthy watershed identification and protection; Strategy 3: promote the science that supports better characterization and protection of healthy watersheds. [From 10/30 Work Session:] Achieving this outcome will require two things: “tracking” and “action.” Tracking: [From Tracking Workgroup Description Document:] A framework for tracking healthy watersheds and waters protection could be thought as a four legged stool or feedback loop including: 1) maps of stateidentified healthy watersheds, 2) the best available assessments of the vulnerability of those watersheds, 3) the most current information on protections that are in place to assure long-term sustainability of watershed health, and 4) 6 ROUGH DRAFT – FOR INTERNAL USE ONLY 12-15-14 analyses on land use change or other landscape characteristics to track the health and viability of the watersheds over time. [Compiled by John Wolf; updated 12-15-14:] The attached Excel sheet is a table of the current status of Tracking Healthy Watersheds data sources. Tracking_Healthy_ Watersheds_12_15_14.xlsx [EPA funded GIT Project Proposals:] 1) “Identification of Additional Healthy Watersheds” The US EPA Region III Wetland Program Development Grant awarded the WV Department of Environmental Protection a grant to complete a Watershed Assessment Pilot Project for five HUC8 watersheds in WV. The WVDEP matched the funds and sub-awarded the grant to the Nature Conservancy of West Virginia. Project deliverables: Identification of healthy watersheds in West Virginia at the HUC 12 and/or NHDPlus Catchment scale for potential inclusion into the State-Identified Healthy Watersheds dataset maintained by the Chesapeake Bay Program. 2) “Landscape Level Demonstration Project Designed to Test Incentives for Forestland Retention through the TMDL Model” DOF will lead a study in the Rappahannock River watershed, George Washington Planning District, to assess growth trends in the region and evaluate the spatial variability of forest ecosystem service value. From this, DOF and DEQ will work with partners (Rappahannock River Basin 7 ROUGH DRAFT – FOR INTERNAL USE ONLY 12-15-14 Commission, George Washington Planning District Commission, The Nature Conservancy, the Chesapeake Bay Commission and Virginia Tech) in the project area to develop alternative future development scenarios to represent the range of potential policy approaches to forest land retention in this rapidly developing region. By simulating the loading impact of the alternative development scenarios and comparing the cost of additional urban BMP implementation to offset the loads, the project will demonstrate the costbenefit relationship of forestland retention. [From 10/30 Work Session:] A vulnerability analysis is needed to prioritize efforts in certain areas. USGS employees at CPBO have done urban lands change models over the years which could be useful for vulnerability. A new model version is coming out later this year. Policy incentives will be a part of the management strategy. CBC and partners are working on crediting land conservation in the Chesapeake Model. Who are we missing from the table? - Local government. Not a monolith – we need to be thoughtful about what elements of local government we are trying to reach out to. - Professional planners in the planning field. - USFS, NRCS - Learn from LTA about capacity building. - EPA, Region 3 Regulators – MS4, 404, antidegradation. - Alliance for the Chesapeake Bay (they do a lot of work with landowners and forestry). - Local land use advocacy groups. - DOT (for mitigation of transportation) - FERC a. Local Engagement. 6. Monitoring Progress. [Notes from 10/30 Work Session Minutes:] Policy and action are just as important as the tracking component. Policy and action will help make sure healthy watersheds are maintained. - We will have to track both health status and protection; tracking protection is needed to see whether the investments we are making are actually effective. - Tracking protection will involve more than just whether or not the land is protected. In the management strategy we might have to define what “protection looks like.” We may not get it right the first time. Things to consider: - How much land do we need to protect to maintain the health? A portion of a watershed may be protected in one county, but not in another county. 8 ROUGH DRAFT – FOR INTERNAL USE ONLY 12-15-14 - Land protected and mineral rights are separated in Pennsylvania (although that can be an easy fix if you are working with Land Trusts). - How effective is a tool of legal action (acquiring legal protection) in keeping watersheds healthy? - Policies and engagement are factors of what protection means On the other hand, what constitutes protection has been elusive for a few years. Perhaps the management strategy would develop an approach for tracking protection as opposed to trying to define quantitative metrics and committing the jurisdictions to use those metrics between now and March. 7. Assessing Progress. [Notes from 10/30 Work Session Minutes:] On monitoring the outcome: how often should we report the status of healthy watersheds, and who are the decision-makers that will be involved with reviewing the data? We will have to consider these questions. 8. Adaptively Manage. 9. Biennial Workplan. [This section will be due in the June – Dec 2015 timeframe] 9
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