Compliance Conditions for CD-0006-20 at Point Reyes National Seashore
The California Coastal Commission has issued compliance conditions for CD-0006-20 at Point Reyes National Seashore and Golden Gate National Recreation Area. The conditions focus on the development and submittal of a water quality strategy within specified timelines. Despite some rejections, staff recommendations have been met to improve water quality through management practices.
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ITEM TH10B CONDITION COMPLIANCE FOR CD-0006-20 Point Reyes National Seashore and the North District of Golden Gate National Recreation Area CALIFORNIA COASTAL COMMISSION ENERGY, OCEAN RESOURCES, AND FEDERAL CONSISTENCY SLIDE 1
BACKGROUND April 22, 2021: CCC conditionally concurred with CD-0006-20 submitted by NPS General Management Plan Amendment for Point Reyes National Seashore and the north district of Golden Gate National Recreation Area Adopted conditions I and II focused on the development and submittal of a water quality strategy for review and approval by the Executive Director and Commission within 1 year ITEMXXX CDP APPLICATION NUMBERXXX ITEM 10B CONDITION COMPLIANCEFOR CD-0006-20 SLIDE 2
BACKGROUND March 11, 2022: CCC rejected NPS March 4, 2022 extension request for submittal of its Water Quality Strategy March 24, 2022: CCC receives Climate Action Strategy and Water Quality Strategy from NPS April 7, 2022: CCC rejected NPS Water Quality Strategy for failing to fulfill the requirements of Condition I. No revisions to Climate Action Strategy are requested. CCC directed Commission staff and NPS to bring a revised version of the Water Quality Strategy to the Commission s September 2022 meeting ITEMXXX CDP APPLICATION NUMBERXXX ITEM 10B CONDITION COMPLIANCEFOR CD-0006-20 SLIDE 3
STAFF RECOMMENDATION Element 1: An overall strategy for assessing and improving water quality through installation of ranching-related infrastructure and management practices in areas of the General Management Plan Amendment (GMPA) outside of the Tomales Bay watershed Use results from initial inspections by RWQCB and Marin County EHS to ID and prioritize immediate actions to improve water quality Mandatory BMPs Water quality monitoring Regular ongoing inspections Annual Reporting Staff Recommendation: Requirement met ITEMXXX CDP APPLICATION NUMBERXXX ITEM 10B CONDITION COMPLIANCEFOR CD-0006-20 SLIDE 4
STAFF RECOMMENDATION Element 2: A timeline for the Water Quality Strategy that reflects short- and long-term ranch management priorities related to water quality Short-term: Immediate-term inspection and assessment effort, actions that would begin within 12 months Long-term: Incorporation of updated mandatory requirements for the continued operation of ranches into ongoing adaptive management as well as implementation of practices to protect and improve water quality, 12 months and longer Staff Recommendation: Requirement met ITEMXXX CDP APPLICATION NUMBERXXX ITEM 10B CONDITION COMPLIANCEFOR CD-0006-20 SLIDE 5
STAFF RECOMMENDATION Element 3: Use of existing water quality data as well as water quality enhancement efforts that have proven successful elsewhere in PRNS Strategy integrates and builds off past successful monitoring methods and management activities Cites two recently completed studies focused on the Olema Creek watershed (Lewis et. al. 2019) and Point Reyes Peninsula coastal watersheds (Voeller et. al. 2021 and GMPA Appendix L) that made use of water quality monitoring data from 1999 to 2017 and 2000 to 2013, respectively, to evaluate the efficacy of several dozen individual Management Activities intended to improve water quality Staff Recommendation: Requirement met ITEMXXX CDP APPLICATION NUMBERXXX ITEM 10B CONDITION COMPLIANCEFOR CD-0006-20 SLIDE 6
STAFF RECOMMENDATION Element 4: Prioritizing resolution of the most significant water quality-related issues first Initial inspections by Marin EHS and RWQCB identified water quality issues in the residential and ranch areas, livestock operations Corrective actions were identified and ranked by significance or level of risk to water quality to develop a prioritization list Timelines in place for resolution of these items Staff Recommendation: Requirement met ITEMXXX CDP APPLICATION NUMBERXXX ITEM 10B CONDITION COMPLIANCEFOR CD-0006-20 SLIDE 7
STAFF RECOMMENDATION Element 5: A commitment to updating the strategy and timeline on an annual basis based on data and analysis from the previous year Strategy does not include a commitment to an annual update cycle of the Strategy and timeline Initial Staff Recommendation: Requirement not met Revised Staff Recommendation: Requirement met NPS committed to include an explicit requirement for annual updates ITEMXXX CDP APPLICATION NUMBERXXX ITEM 10B CONDITION COMPLIANCEFOR CD-0006-20 SLIDE 8
STAFF RECOMMENDATION Element 6: A sampling methodology for collecting quantitative water quality data in areas of the GMPA outside of the Tomales Bay watershed Six different water quality monitoring programs Strategy includes proposed locations, frequencies, parameters, action triggers, corrective actions, and reporting methods Coordinated with RWQCB technical staff, consistent with standards Protocols follow applicable established, peer reviewed NPS San Francisco Bay Area Network Freshwater Quality Monitoring Protocol Standard Operating Procedures Staff Recommendation: Requirement met ITEMXXX CDP APPLICATION NUMBERXXX ITEM 10B CONDITION COMPLIANCEFOR CD-0006-20 SLIDE 9
STAFF RECOMMENDATION Element 7: A provision for annual NPS reporting to the Commission s Executive Director on water quality monitoring results, best management practices (BMPs) implemented and ranching measures taken and planned to address identified water quality issues NPS will submit an annual report by December 31 of each year Report will be comprised of both an implementation report and water quality monitoring and assessment report. Staff Recommendation: Requirement met ITEMXXX CDP APPLICATION NUMBERXXX ITEM 10B CONDITION COMPLIANCEFOR CD-0006-20 SLIDE 10
STAFF RECOMMENDATION Element 8: A summary and analysis of past monitoring programs, pollution site characterization, best management practices, adaptive management, compliance assurance, a revenue generation plan, and a monitoring focus to identify public health risks and eutrophication problems. Overall, the Strategy addresses the majority of specific features and measures that the Commission requested NPS to consider or include in this update. No detailed revenue generation plan Staff Recommendation: Requirement met Update: NPS committed to funding water quality monitoring program and working with lessees on funding approach through Ranch Operation Agreements ITEMXXX CDP APPLICATION NUMBERXXX ITEM 10B CONDITION COMPLIANCEFOR CD-0006-20 SLIDE 11
CONDITION COMPLIANCE Option A: Approve Water Quality Strategy Option B: Approve Water Quality Strategy with identified revisions Option C: Reject Water Quality Strategy ITEMXXX CDP APPLICATION NUMBERXXX ITEM 10B CONDITION COMPLIANCEFOR CD-0006-20 SLIDE 12
RECOMMENDATION Approve the Water Quality Strategy for the General Management Plan Amendment for Point Reyes National Seashore and North District Golden Gate National Recreation Area, Version 2.0 (see staff report page 5 for the Motion and Resolution) ITEMXXX CDP APPLICATION NUMBERXXX ITEM 10B CONDITION COMPLIANCEFOR CD-0006-20 SLIDE 13
End of Presentation ITEMXXX CDP APPLICATION NUMBERXXX ITEM 10B CONDITION COMPLIANCEFOR CD-0006-20 SLIDE 14
REJECTIONOF WQ STRATEGY Re Option 1: Reject WQ Strategy and identify additions or revisions necessary to satisfy Condition I of the Commission s conditional concurrence Option 2: Reject WQ Strategy and direct Commission staff to schedule a re-opener hearing ITEMXXX CDP APPLICATION NUMBERXXX ITEM 10B CONDITION COMPLIANCEFOR CD-0006-20 SLIDE 15
REOPENER PROCESS Subsequent hearing and Commission review to determine if NPS General Management Plan Amendment is: 1) having coastal resource effects that are substantially different than originally described and, as a result, 2) is no longer consistent with enforceable CMP policies. ITEMXXX CDP APPLICATION NUMBERXXX ITEM 10B CONDITION COMPLIANCEFOR CD-0006-20 SLIDE 16
CONFLICT RESOLUTION TOOLS If the Commission finds that a federal activity is no longer consistent with enforceable CMP policies, and there is a serious disagreement with the federal agency, it can: 1) Request remedial actions 2) Request mediation 3) Pursue litigation ITEMXXX CDP APPLICATION NUMBERXXX ITEM 10B CONDITION COMPLIANCEFOR CD-0006-20 SLIDE 17
