FINDINGS FOR THE
    COMMONWEALTH OF THE NORTHERN MARIANA
                  ISLANDS
          COASTAL NONPOINT PROGRAM
                      

FOREWORD

     This document contains the findings for the coastal
nonpoint pollution control program submitted by the
Commonwealth of the Northern Mariana Islands (CNMI) pursuant
to Section 6217(a) of the Coastal Zone Act Reauthorization
Amendments of 1990 (CZARA).  The findings are based on a
review of the Commonwealth of the Northern Mariana Islands
Coastal Nonpoint Source Pollution Control Plan, July 1995.  The
National Oceanic and Atmospheric Administration (NOAA) and
the U.S. Environmental Protection Agency (EPA) reviewed this
information and evaluated the extent to which it conforms with the
requirements of CZARA.

     NOAA and EPA commend the Commonwealth on the
substantial amount of time and effort put into developing your
program and we appreciate the commitment you have shown to
complete an ambitious task with limited resources.  We will
continue to work with coastal states and territories to ensure that
these findings represent an accurate assessment of current state and
territory abilities and efforts to address coastal nonpoint source
pollution.  We recognize that there may be further administrative
changes to the coastal nonpoint program that will impact these
findings and we assure you that, once such changes are finalized,
we will review these findings in light of the changes and make any
necessary adjustments. 


APPROVAL DECISION

     NOAA and EPA approve the coastal nonpoint pollution
control program submitted by the Commonwealth of the Northern
Mariana Islands pursuant to Section 6217(a) of the Coastal Zone
Act Reauthorization Amendments of 1990, subject to certain
conditions.  

     This document provides the specific findings used by
NOAA and EPA as the basis for the decision to approve the
Commonwealth's program.  It also provides the rationale for the
findings and includes conditions that will need to be met for the
Commonwealth to receive final approval of its program.  The
timeframes associated with conditions become effective on the date
of the approval letter for these findings.
INTRODUCTION

      This document is organized by the major nonpoint source
categories and subcategories identified in the section 6217(g)
guidance and the administrative elements identified in the program
guidance (including the boundary for the 6217 management area). 
Where appropriate, NOAA and EPA have grouped categories and
subcategories of management measures into a single finding.  The
structure of each finding follows a standard format.  Generally, the
finding is that the Commonwealth's program includes or does not
include management measures in conformity with the (g) guidance
and includes or does not include enforceable policies and
mechanisms to ensure implementation.  In some cases, the finding
reflects that the Commonwealth has identified a back-up
enforceable policy, but has not yet demonstrated the ability of the
authority to ensure implementation.  For further understanding of
terms in this document, the reader is referred to the following:

Guidance Specifying Management Measures for Sources of
Nonpoint Pollution in Coastal Waters (EPA, January 1993)
Coastal Nonpoint Pollution Control Program:  Program
Development and Approval Guidance (NOAA and EPA, January
1993)
Flexibility for State Coastal Nonpoint Programs (NOAA and EPA,
March 1995)

     The references in this document refer to the
Commonwealth of the Northern Mariana Islands Coastal Nonpoint
Source Pollution Control Plan, July 1995 ("program submittal"). 
NOAA and EPA have written this document as succinctly as
possible.  We have relied upon, but do not repeat here, the
extensive information that the CNMI has included in its program
submittal.  Further information and analysis is contained in the
administrative record for this approval decision and may be
reviewed by interested parties at the following locations:

EPA/Office of Wetlands, Oceans and Watersheds
Assessment & Watershed Protection Division
Nonpoint Source Control Branch
401 M St., SW (4503-F)
Washington, DC  20460
Contact:  Robert Goo (202-260-7025)

NOAA/Office of Ocean and Coastal Resource Management
Coastal Programs Division
SSMC-4, N/ORM3
1305 East-West Highway
Silver Spring, MD  20910
Contact:  Matthew Arnn (301-713-3121 x.183)

U.S. EPA, Region IX
Office of Pacific Island Programs (E-4)
EPA Region 9
75 Hawthorne Street
San Francisco, CA  94105
CONTACT:  Jim Branch (415-744-1601)

     I.   BOUNDARY

FINDING:  The Commonwealth of the Northern Mariana Islands'
(CNMI) 6217 management area, defined as all land areas on the
islands of the CNMI and the surrounding ocean area extending to
the limit of the territorial sea, is sufficient to control the land and
water uses that have or are reasonably expected to have a
significant impact on the coastal waters of the CNMI.

     II.  AGRICULTURE

FINDING:  The CNMI has provided sufficient justification to
support a categorical exclusion of agriculture, except for exclusion
of measures for confined animal facilities and certain aspects of the
nutrient management measure.

CONDITION:  Within two years, the CNMI will include in its
program management measures in conformity with the 6217(g)
guidance for confined animal facilities (large and small) and for
nutrient management as it applies to animal waste, and enforceable
policies and mechanisms to ensure implementation throughout the
6217 management area.   

RATIONALE:  The 1990 Census of Agriculture accounts for
approximately 120 farms covering 14,400 acres in the CNMI. 
CNMI' s submittal indicates that the number of farms and acreage
may be considerably less.  Most of the farms are small subsistence
farms averaging two to five acres in size.  Corporate farms are
found on each of the major islands, but these are also relatively
small, e.g., two to 15 acres in size on Saipan.  While 20% of the
Northern Marianas is classified as rangeland or pastureland, many
of these areas are not actually grazed, and where grazing does
occur, topography makes it unlikely that runoff would impact
coastal waters.

     The 1990 Census of Agriculture found over 4,400 head of
cattle and calves, and 2,800 hogs on CNMI.  Information included
in the program submittal indicates that there are three chicken
ranches, two which meet the 6217(g) guidance criteria for small
facilities, and one which meets the criteria for a large confined
animal facility.  The CNMI is also evaluating a planned piggery
which eventually may house 5,000 to 10,000 animals.  The size of
these facilities and the amount of animal waste generated has the
potential to adversely impact coastal waters and, therefore, an
exclusion of these sources from the coastal nonpoint program is
not justified.  NOAA and EPA recognize the special circumstances
of the CNMI with respect high annual rainfall and will work with
the CNMI to identify appropriate approaches to meet these
management measures.

     NOAA and EPA note that CNMI has the authority to
require implementation of management measures for some new
and expanding facilities under the Coastal Resources Management
permitting procedure and under Individual/Other Wastewater
Disposal System (IWDS) Regulations.

     III. FORESTRY

FINDING:  The CNMI has provided sufficient justification to
support a categorical exclusion of forestry from the coastal
nonpoint program.

RATIONALE:  As described in section 4.B. of the program
submittal, there are currently no commercial forestry operations in
the CNMI.  Moreover, the vegetative tropical scrub ecosystem is
not likely to spawn or successfully support silviculture operations
in the future.  

     IV.  URBAN

     A.   NEW DEVELOPMENT

FINDING:  The CNMI's program includes management measures
in conformity with the 6217(g) guidance and includes enforceable
policies and mechanisms to ensure implementation. 
          
RATIONALE:  The CNMI's Earthmoving and Erosion Control
Regulations specify the implementation of management measures
that exceed the objectives of the (g) guidance.   Under these
regulations, all activities involving grading, filling or clearing of
vegetation are required to have a permit from the Department of
Public Works (DPW).  Permit requirements specify that
stormwater and sediment control structures must be constructed. 
These structures must be designed to:  control runoff from storms
up to and including the 25 year, 24 hour storm event; detain the
runoff for a minimum of 24 hours; and remove not less than 75%
of the entrained sediment.  The regulations also provide the
Department of Environmental Quality (DEQ) with the authority to
levy penalties and fines and to issue other orders to ensure
enforcement of the regulations.
 
     While these requirements and enforceable policies provide
an adequate administrative foundation to implement the
management measures, EPA's and NOAA's analysis and
communications with the Commonwealth have revealed that
implementation of these standards is technically difficult,
prohibitively expensive, and often impractical.  These difficulties
have led to significant implementation problems.  To address these
problems, the Commonwealth has organized a professional
colloquium to identify measures for erosion control more suitable
to conditions found in the CNMI.  When the recommendations of
the colloquium are completed, the Commonwealth will make
appropriate revisions to the Earthmoving and Erosion Control
Regulations that are based on successful implementation of these
recommendations, and that will continue to address water quality
and quantity in a manner that retains conformity with the
management measures while enabling widespread implementation.

     B.   WATERSHED PROTECTION and EXISTING
     DEVELOPMENT

FINDING:  The CNMI's program does not include management
measures in conformity with the 6217(g) guidance but includes
enforceable policies and mechanisms that can be used to ensure
implementation.  The CNMI has not provided sufficient
justification to support an exclusion of existing development from
its coastal nonpoint program.

CONDITION:  Within three years, the CNMI will include in its
program management measures in conformity with the 6217(g)
guidance for watershed protection and existing development.

RATIONALE:  The CNMI, often in partnership with federal
agencies, has devoted considerable effort in developing resource
studies for Rota and Tinian.  Watershed projects have been
conducted in the Kagman and Rota Sabana/Talakaya watersheds
and a watershed/wetland protection plan was recently completed in
the Tinian Magpo watershed.  In addition, a strategic watershed
prioritization and mapping project for Saipan was conducted and
the CNMI also has a land exchange program under which it has
acquired numerous private wetland areas.

     The land acquisition trades, planning documents, and
resource studies provide a good foundation for watershed level
protection.  These activities, however, only partially  meet the
objectives of the management measure and do not result in
comprehensive watershed protection programs or policies that
preserve areas critical to water quality within all watersheds of the
Commonwealth. 

     Section 1511(a) of the Coastal Resources Management Act
(CRMA), which provides authority to, "not permit, to the extent
practicable, development with the potential for causing significant
adverse impacts in fragile areas...critical wildlife habitats, beaches,
designated and potential pristine marine and terrestrial
communities...mangrove stands and other wetlands" is the
enforceable policy and mechanism which can be used to implement
these management measures.
          
     Finally, the CNMI has requested, but does not provide any
information to justify, an exclusion for existing development.  The
Commonwealth has areas with significant existing development
(e.g., the urban/tourist area adjacent to the Saipan Lagoon) which
have the potential to significantly impact coastal waters.  
Incorporation and implementation of plans and schedules to
address existing sources into strategic watershed prioritization or
restoration plans would fulfill the objectives of this management
measure.  The CNMI is encouraged to examine potential updates to
the Saipan Lagoon Use Master Plan (SLUMP) as means to address
nonpoint sources related to existing development adjacent to the
Lagoon.  As mentioned above, NOAA and EPA acknowledge the
special circumstances of the CNMI with respect to the vast
quantity of annual of rainfall and will work with the CNMI to
identify appropriate approaches to meet these management
measures.

     C.   SITE DEVELOPMENT and CONSTRUCTION SITE
     EROSION AND SEDIMENT CONTROL

FINDING:  The CNMI's program includes management measures
in conformity with the 6217(g) guidance and includes enforceable
policies and mechanisms to ensure implementation.

RATIONALE:  The CNMI, through its Earthmoving and Erosion
Control Regulations, establishes permitting requirements and
minimum standards that result in conformity with both the Site
Development and Construction Site Erosion and Sediment Control
management measures.  These regulations require anyone grading,
filling or clearing vegetation to first obtain a permit from the
Department of Public Works (DPW), except for minor listed
exclusions.  Applications for a permit must include an
Earthmoving and Sedimentation Control plan prepared and
certified by a registered engineer and must provide for BMPs that
are in excess of the minimum recommendations specified in the
guidance.  

     In addition, planning, design and development of sites is
required such that erosion is minimized, soil stability is maintained
and as feasible, natural site characteristics are preserved. 
Enforcement is provided under Section 11 of the Earthmoving and
Erosion Control Regulations, administered by DPW.

     D.   CONSTRUCTION SITE CHEMICAL CONTROL

FINDING:  The CNMI's program includes management measures
in conformity with the 6217(g) guidance and includes enforceable
policies and mechanisms to ensure implementation, except:  (1) the
program applies only to large scale developments and a subset of
smaller developments, and (2) the program lacks measures
addressing proper management of toxic substances and nutrients.
          
CONDITION:  Within two years, the CNMI will expand the
applicability of its construction site chemical control management
measures to include currently excluded sites, and will include in its
program a measure that provides for proper application and
management of toxic substances and nutrients.
                   
RATIONALE:  The CNMI's "Hazardous Waste Plans" and
"Utility Plans" are in conformity with the management measure for
large projects.  Under the CRM Rules and Regulations, the Plans
require inventories of hazardous materials used on the project site,
descriptions of storage facilities for these materials, and disposal
plans for project wastes.  In addition, the Utility Plan contains a
requirement for measures to ensure that containment of 200% of
the volume of any stored petroleum products is provided to control
accidental spills. 

     Under the CRM Rules for Hazardous Waste and Utility
Plans, these requirements apply to major sitings (large scale
developments), minor projects within Areas of Particular Concern
(APC) and to projects with the potential to result in significant
adverse effects.  As a result, a gap exists regarding management
measures for smaller projects.   In addition, adoption of
management measures to ensure proper management of toxic
substances is needed to ensure complete coverage of the
management  measures.  Revisions to the CNMI's hazardous waste
management regulations are currently undergoing review by EPA. 
The CNMI also needs to address nutrients in the administrative
mechanisms for both large and small development sites.

     E.   NEW and OPERATING ONSITE DISPOSAL
     SYSTEMS (OSDS)
         
FINDING:  The CNMI's program includes management measures
in conformity with the 6217(g) guidance and includes enforceable
policies and mechanisms to ensure implementation, except for
inspections of OSDS at a frequency adequate to ascertain whether
they are failing.  
 
CONDITION:  Within three years, the CNMI will amend its
program to include enforceable policies and mechanisms to ensure
inspection of operating OSDS at a frequency to ascertain whether
OSDS are failing.

RATIONALE:  The recently upgraded CNMI Individual/Other
Wastewater Disposal System (IWDS) regulations provide
management measures that are in conformity with the 6217(g)
guidance except for inspecting OSDS at a frequency adequate to
ascertain whether OSDS are failing.  The Commonwealth's OSDS
regulations contain siting, separation distances, setbacks, and pre-
construction inspection standards in conformity with the 6217(g)
measures.  The Chief of DEQ has the authority to enforce these
provisions and levy penalties for violations.  No areas where OSDS
cause excessive nitrogen loadings have been identified, but the
Commonwealth is encouraged to continue monitoring for nitrogen
from OSDS.  The Commonwealth will consider investigating the
potential to use official maps to determine OSDS site suitability
and the need for restrictions regarding phosphate detergent use. 
 
     Under IWDS regulations, maintenance of OSDS is the
responsibility of the owner.  The regulations include a
recommendation that owners inspect their systems at intervals of
not more than three years.  While the Commonwealth lacks a
program to ensure that periodic inspections and maintenance occur,
it has initiated the design of a tracking mechanism in conjunction
with its IWDS permitting system to verify that applicants are
complying with the periodic inspection requirements.  
 
     F.   POLLUTION PREVENTION
          
FINDING:  The CNMI's program includes management measure
in conformity with the 6217(g) guidance.
          
RATIONALE:  The Commonwealth provided limited information
regarding pollution prevention activities that it is currently
pursuing.  The Commonwealth, however, did list a number of 
practices that it encourages, including water conservation, litter
control, OSDS education and household chemical disposal.  In
addition, a strategy and work group to address waste oil collection
have been developed.  The Commonwealth is encouraged to
expand its pollution prevention efforts to address turf management
(including golf courses) and commercial sources of nonpoint
source pollution in its program.

     G.   ROADS, HIGHWAYS AND BRIDGES

FINDING:  The CNMI's program includes management measures
for roads and highways in conformity with the 6217(g) guidance
except for the construction site chemical control, operation and
maintenance and runoff systems management measures. The
CNMI has provided sufficient justification to support a categorical
exclusion of bridges from its coastal nonpoint program, but has not
provided sufficient justification to exclude runoff systems. 
CNMI's program includes enforceable policies and mechanisms
that can be used to ensure implementation of the management
measures, except that the CNMI program for construction site
chemical control only applies to large scale developments and a
subset of smaller developments. 

CONDITION:  Within three years, CNMI will include in its
program management measures in conformity with the 6217(g)
guidance for operation and maintenance and runoff systems and
expand the applicability of its construction site chemical control
management measure to include currently excluded sites in
conformity with the 6217(g) guidance.  In addition, within three
years, the CNMI will include in its program a measure that
provides for proper management of toxic substances and nutrients
in conformity with the 6217(g) guidance.
         
RATIONALE:  The CNMI publication Erosion Control in the
Commonwealth of the Northern Marina Islands (December 1990)
identifies measures that meet the (g) guidance measures for
planning, siting, and design and construction site erosion control. 
The Commonwealth agencies and soil and water conservation
districts work together to assure projects are properly sited, erosion
and sediment plans are approved before construction, and
inspections are provided.  The Storm Water Control Handbook
(1989), prepared by conservation districts, provides detailed
technical information tailored to each island.  

     The CNMI does not indicate whether, and if so, how, they
implement the components of the management measure for
operation and maintenance.  The program submittal lists some 
practices that could be used to implement this measure, but not all
practices listed for the measure are relevant, and it is not clear how
and to what extent the practices are used on both primary and
secondary roads. 

     The CNMI does not use bridges to cross waters and
wetlands; therefore, the request for an exclusion from the bridges
management measure is justified.  The CNMI does make crossings
of waters by fill and box culverts, which can impact wetlands and
other surface waters.  These are subject to road and highway, as
well as urban new development management measures.

     The CNMI has also requested an exclusion from the runoff
systems management measure.  This request is not justified
because the CNMI states that unpaved roadways, along with new
construction clearings, are the single greatest contributor of
nonpoint pollution to its coastal waters.  The CNMI is developing
more effective BMP's to address pollution from these existing
roadways, and is conducting a demonstration project on which to
base new practices.  This strategy should, when fully implemented,
meet the runoff systems management measure.

     The CNMI authorities which implement these measures
include the Earthmoving and Erosion Control Regulations, permit
requirements, inspections, and penalties.  The CRM permit
program includes authority to permit roads, highways and bridges. 
Pesticide and hazardous waste management regulations and the
Commonwealth Environmental Protection Act (PL3-23 Section 7)
provide authorities to implement the construction site chemical
control and operation and maintenance management measures. 

     V.   MARINAS AND RECREATIONAL BOATING

     A.   MARINA SITING AND DESIGN

FINDING:  The CNMI's program includes management measures
for marina flushing, water quality assessment and habitat
assessment in conformity with the 6217(g) guidance.  The program
does not include management measures for stormwater runoff,
shoreline stabilization, fueling station design, and sewage facility
design (except for pumpout ).  The program includes enforceable
policies and mechanisms to ensure implementation.

CONDITION:  Within two years, the CNMI will include in its
program management  measures for stormwater runoff, shoreline
stabilization, fueling station design, and sewage facility design in
conformity with the 6217(g) guidance.

RATIONALE:  New and expanding marinas developed in the
CNMI are considered major sitings which require a Coastal
Resources Management (CRM) permit.  All CRM major siting
permit applications must address specific criteria and include an
environmental assessment report that addresses impacts to the
physical, chemical, and biological characteristics of the site. 
Specific criteria and management standards address habitat, water
quality, water flow and circulation, nutrients, wildlife, and marine
resources.  In addition, the Submerged Land Rules and
Regulations, adopted by the Department of Lands and Natural
Resources (DLNR), include guidelines for flushing and stormwater
runoff mitigation.  However, these guidelines are only enforceable
if contained in other CNMI permitting authorities.  NOAA and
EPA suggest the Coastal Resources Management Office (CRMO)
work with other CNMI agencies to develop a coordinated approach
to implementation of these measures and the marina operation and
maintenance management measures discussed below.

     Under the CRM major siting permit process, marina plans
may be conditioned to address certain marina issues, e.g., the
design and development of operational procedures for fuel
handling and spill prevention plans, mitigation of stormwater
runoff based on the peak storm and minimum detention times, and
sediment removal rates.  However, these elements are not specified
in the CRM permit regulations.  

     B.   OPERATION AND MAINTENANCE

FINDING:  The CNMI's program includes management measures
in conformity with the 6217(g) guidance for solid waste
management but not for other operation and maintenance
measures.  The CNMI's program does not include enforceable
policies and mechanisms to ensure implementation.  

CONDITION:  Within two years, the CNMI will include in its
program management measures for fish waste, liquid material,
petroleum control, boat cleaning, public education, maintenance of
sewage facilities, and boat operation  in conformity with the
6217(g) guidance and will include enforceable policies and
mechanisms to ensure implementation. 
          
RATIONALE:  The CNMI's program does not include
management measures in conformity with the (g) guidance for fish
waste, liquid material, petroleum control, public education,
maintenance of sewage facilities, and boat operation.  The CNMI
notes that existing marinas do not have sewage pumpout facilities
or running water for fish cleaning and therefore believes that these
operation and maintenance management measures do not apply. 
However, proposals for new and expanding marinas should include
measures to address potential nonpoint source impacts.  NOAA
and EPA encourage the CRMO in conjunction with DEQ,
Commonwealth Port Authority, and the DLNR's Division of Fish
and Wildlife to coordinate efforts to address these gaps.  

     VI.  HYDROMODIFICATION

FINDING:  The CNMI has provided sufficient justification to
support a categorical exclusion of the hydromodification category
from its coastal nonpoint program.
          
RATIONALE:  Channelization is seldom used in the CNMI. 
Only two known channelization projects have been developed: (i)
Pac Bar Radar Road Drainage Rock Armoring Project; and (ii)
Paupau Stormwater Drainage Control Project.  Both of these
projects are in intermittent streambed channels which convey water
only during and immediately following storms.  In the two
intermittent stream beds of Saipan, no instream or riparian fishery
habitat exists.  The net environmental impact of both projects is
positive in that they slow the rate at which water is discharged
through the natural drainage channels to the Saipan Lagoon.

     The CNMI has only one dam which fits the category
described in the (g) guidance.  It is unlikely that additional dams
that meet the applicability of the of the (g) guidance will be
constructed. 

     The management measure for shoreline and streambank
erosion is not applicable in the CNMI, because most shorelines are
either rocky cliff or sandy beach and are not significant sources of
nonpoint pollution.  Bank erosion is not a problem because there
are very few perennial streams and no rivers in the CNMI.  

     VII. WETLANDS, RIPARIAN AREAS AND VEGETATED
     TREATMENT SYSTEMS
          
FINDING:  The CNMI's Program includes management measures
for protection and restoration of wetlands and riparian areas in
conformity with the 6217(g) guidance and includes enforceable
policies and mechanisms to ensure implementation.  The
Commonwealth has provided sufficient justification to support an
exclusion of the management measure to promote the use of
vegetated treatment systems.

RATIONALE:  CRM Permits are required for any project with
the potential to directly and significantly impact coastal resources,
including wetlands, mangroves, and designated conservation and
pristine areas.  Projects are evaluated for adverse impacts such as
alteration of chemical and physical properties of coastal or marine
waters that would disrupt ecological balance.  Factors such as
adequate water flow, and levels of nutrients and oxygen are
considered in wetlands and mangrove areas.  Critical wetland
habitat is to be maintained and enhanced where possible.  

     The Commonwealth is presently studying the feasibility of
mitigation banking as a mechanism to promote the restoration of
wetlands on the islands and is seeking guidance from EPA, the
Army Corps, and US Fish and Wildlife Service.  In the future, an
overall mitigation banking strategy or plan may be used (in part) to
address the wetland and riparian area restoration management
measure.  This will require substantial additional development and
the assistance of federal wetland protection agencies.

     The Commonwealth requests an exclusion from the
management measure for vegetated treatment systems.  NOAA and
EPA agree that the exclusion is warranted, based on the fact that
constructed wetlands and vegetated filter strips for runoff control
generally are not appropriate for soil conditions in the
Commonwealth, and that there are land availability constraints for
such systems.  It should be noted though, that the emphasis for
runoff systems in the CNMI is detention and recharge of
groundwater.  Ponding detention in the CNMI soils normally
results in percolation and no release of water except in significant
storm events.  If lined or impervious ponds are envisioned, then
there could be opportunity for constructed wetlands utilizing the
release of water after treatment detention.  NOAA and EPA
suggest that the CNMI consider this option.  The Commonwealth
is encouraged to closely coordinate  with the Army Corps of
Engineers, USEPA Region IX, and the U.S. Fish and Wildlife
Service on any strategy to develop mitigation banking in the
CNMI.

          VIII.     ADMINISTRATIVE COORDINATION

FINDING:  The CNMI's program includes mechanisms to
improve coordination among Commonwealth agencies in
implementing the coastal nonpoint program.

RATIONALE:  The CNMI proposes to implement the program
throughout the Commonwealth.  A combination of several
programs and informal bodies administered by Commonwealth
agencies will be used to implement the provisions of the coastal
nonpoint program. 

     Information received subsequent to the program submittal
includes a recently adopted Memorandum of Agreement between
Commonwealth agencies.   The stated intent of the agreement is to
provide for "an enhanced level of coordination of the CNMI's
network of resource management agencies: to more actively
promote resource-protective management  practices; and to better
insure consistent application of program objectives, including
enforcement of resource protective laws in the Commonwealth." 
While not specific to the nonpoint program, the MOA has been
adopted  by agencies which share the primary responsibility for
implementing the program.  These agencies include: the DLNR,
the CRMD, DEQ, DPW, DFW, and DOA.  

     The MOA could be used to address several identified
coordination problems that could affect the implementation of the
nonpoint program.  Due to the lack of coordination between the
Marianas Public Land Corporation (MPLC), DEQ and CRM,
problems exist in the  development of new homesteads in the
CNMI.  The result has been ad hoc development on lots that are
substantial in size, on steep slopes with highly erodible soils, or in
areas lacking sewage infrastructure and located over groundwater
recharge areas.   This has posed numerous problems for
enforcement and monitoring in these locations.  MPLC, CRM, and
DEQ are encouraged to work more closely to rectify the problems.

     DEQ, DLNR, CRM, and CPA also share authorities which
are necessary to implement marinas management measures.  The
MOA should serve as an opportunity for these agencies to further
develop a comprehensive process to implement management
measures for the siting and design and operation and maintenance
of marinas.

     Finally, the CNMI reorganization Executive Order of 1994
has shifted the responsibility of earthmoving permitting from the
DEQ to the DPW Building Permit Section.  The result has been
inconsistent application of the Earthmoving and Erosion Control
Regulations.  In lieu of a revision of these regulations, the agencies
are encouraged to build on their agreement to identify ways to
designate implementation responsibilities between DPW and DEQ. 
This agreement could clearly specify the relationship between an
Earthmoving and Erosion Control Permit and the clearing, grading,
erosion and sedimentation requirements administered by the
CRMO. 




     IX.  TECHNICAL ASSISTANCE 

FINDING:  The CNMI's program includes technical assistance to
Commonwealth agencies and the public for implementing
additional management measures. 

RATIONALE:  In addition to publications by the CRMO and
DEQ targeted at the regulated community and general public for
education purposes, DEQ has published and distributed several
documents which provide technical assistance in the additional
management measure categories.  "Erosion Control in the
Commonwealth of the Northern Mariana Islands" discusses the
relationship of land clearing through burning and its resulting
erosion, and contains chapters on erosion control measures and
specifications for erosion control plans.   DEQ has also produced a
document relevant to implementing golf course measures entitled
"Pesticides, Know How to Use Them." 

     The Commonwealth is presently organizing a professional
colloquium which will help to identify workable solutions to the
problems of implementing several of these urban management
measures, including additional management measures, in the
islands.

     Technical assistance delivered through the
Commonwealth's Interagency Watershed Planning Committee,
made up of private and public agency personnel with expertise in a
variety of natural resources fields, has targeted both those
potentially affected by the program and those who can assist with
implementation.   For example, DEQ representatives have
provided staff and the regulated community with training in
pollution prevention audits. 

     X.   PUBLIC PARTICIPATION

FINDING:  The CNMI's program provides opportunities for
public participation in the development and implementation of the
coastal nonpoint program.  

RATIONALE:  Section 4.E. of the Commonwealth's program
submittal describes activities that provide opportunities for and
encourage public participation in the coastal nonpoint program. 
Examples include an  interagency information brochure entitled,
"Solutions for Nonpoint Source Pollution".  The bulletin lists the
available services provided by, and the contact information for
Commonwealth and federal nonpoint program agencies.  Other
campaigns have invited citizens of the Commonwealth to "Be A
Part of the Solution to Nonpoint Source Pollution." 

     The CRMO also lists a number of books, posters and
brochures, directed at engaging the general public in nonpoint
source program planning and development.  In accordance with the
6217 guidance, the CNMI has provided a 30-day public comment
period prior to program submission.  Responses are addressed
within the plan.  While the CNMI has met the general requirements
for providing participatory opportunities within its program, it is
encouraged to place a greater emphasis on involving the public in a
meaningful way.  





     XI.  CRITICAL COASTAL AREAS and ADDITIONAL
     MANAGEMENT MEASURES

FINDING:  The CNMI's program does not include processes for
the identification of critical coastal areas or for the development
and continuing revision of additional management measures
applicable to the critical areas.  

CONDITION:  Within two years, the CNMI will develop a
process for the identification of critical coastal areas and a process
for developing and revising management measures to be applied in
critical coastal areas and in areas where it is necessary to attain and
maintain water quality standards.  

RATIONALE:  Beyond a generalized problem statement for the
Puerto Rico dump, the CNMI has not outlined in its program a
process for identifying additional critical areas. Two additional
management measure categories have been identified for future
consideration:  golf course management measures (existing and
new) and wildland fires management measures.  The CNMI is
encouraged to develop management measures in these categories. 
The CNMI is also encouraged to consider Saipan Lagoon as a
critical coastal area, based on its unique recreational value.

     XII. MONITORING

FINDING:  The CNMI' program does not include a plan to assess
over time the success of the management measures in reducing
pollution loads and improving water quality.  

CONDITION:  Within one year, the CNMI will develop a plan
that enables the Commonwealth to assess over time the extent to
which implementation of management measures is reducing
pollution loads and improving water quality.  

RATIONALE:  The CNMI included on page 68 of its program
submittal a statement that a methodology to determine if water
quality degradation still occurs after management measures are
implemented is "to be developed."  The CNMI has, however,
added biological monitoring, sediment monitoring, research into
alternative bacterial indicators, and analysis of nutrients to its
existing monitoring program.  The Commonwealth also proposes
to hold monthly meetings between CRM and DEQ to discuss
monitoring findings and to determine future program directions,
including the need to implement additional measures.

     The CNMI has described a fairly extensive beach sampling
program that should help determine whether the management
measures are improving water quality, particularly with regard to
fecal coliform, sediment, and nutrients.  With weekly sampling at
37 beaches, there should be considerable opportunity to focus on
the impacts of management measures in selected watersheds or
watershed subareas.  The land use and other maps provided in the
submittal indicate that CNMI has the capability to closely track
management measure implementation in concert with water quality
monitoring.

     While the Commonwealth provides some detail regarding
its monitoring program and expectations for section 6217, it does
not describe how these efforts will be applied to the coastal
nonpoint program.  In its monitoring plan, the CNMI should
include information regarding the number and location of
monitoring stations, the types and frequency of water quality data
being collected, methods for tracking management measure
implementation, and the analytic approaches that will be employed
in conjunction with existing monitoring efforts to assess the
success of management measures in achieving water quality
objectives. The monitoring plan will also specifically target the
proposed expansion of the Seishin Farm piggery in Kalabera and
the Puerto Rico Dump Critical Coastal Area.