FINDINGS FOR THE DELAWARE COASTAL NONPOINT PROGRAM FOREWORD This document contains the findings for the coastal nonpoint pollution control program submitted by the State of Delaware pursuant to Section 6217(a) of the Coastal Zone Act Reauthorization Amendments of 1990 (CZARA). The findings are based on a review of the Delaware Coastal Nonpoint Pollution Control Program, July 1995 and supplemental material provided by Delaware subsequent to the program submittal. 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 Delaware 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 State of Delaware 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 Delaware's program. It also provides the rationale for the findings and includes conditions that will need to be met for Delaware 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 state 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 state 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 Delaware Coastal Nonpoint Pollution Control Program, 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 State has included in its program submittal. Further information and analysis, including material provided by Delaware subsequent to the program submittal, 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 and Watershed Protection Division Nonpoint Source Control Branch 401 M St., SW (4503-F) Washington, DC 20460 Contact: John Kosco (202/260-6385) NOAA/Office of Ocean and Coastal Resource Management Coastal Programs Division SSMC-4, N/ORM3 1305 East-West Highway Silver Spring, MD 20910 Contact: Jim Mills (301/713-3117, x175) EPA Region 3/Office of Watersheds (3WP11) 841 Chestnut Building Philadelphia, PA 19107 Contact: Sarah Blackman (215/566-5720) I. BOUNDARY FINDING: Delaware has included the entire State as the management area within which it will implement the coastal nonpoint program. Therefore, Delaware's boundary 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 Delaware. II. AGRICULTURE FINDING: Delaware's program includes management measures in conformity with the 6217(g) guidance. The State has identified a backup enforceable authority but has not yet demonstrated the ability of the authority to ensure implementation throughout the 6217 management area. CONDITION: Within two years, Delaware will develop a strategy (in accordance with Section XIV, page 13) to implement the agricultural management measures throughout the 6217 management area. RATIONALE: Delaware currently has a number of strong voluntary programs that include practices to implement the agricultural management measures. For example, over 50% of cropland is under some type of conservation tillage. In addition, Delaware's recently revised Section 319 management plan includes milestones for implementation of management measures in each of the agriculture subcategories. Several authorities provide for partial implementation of the management measures. For example, after January 1996, any new operation must follow the Manure Management Guidelines (which apply to confined animal facilities); withdrawals of more than 50,000 gallons per day from surface or ground water supplies require a permit (which addresses part of the irrigation management measure); and restricted use pesticides are regulated under Delaware's Pesticide Law (which addresses part of the pesticide management measure). Delaware has the ability to require corrective action, in cases where a water quality standard violation has been identified, through the Water and Air Resources Act, 7 Delaware Code, Chapter 60. The State has proposed that this authority can be used to require implementation of management measures and has supported this proposal with a recent Cease and Desist order issued by the Department of Natural Resources and Environmental Control (DNREC) to a Sussex County operator. However, the State has not yet demonstrated the ability to ensure implementation of the management measures throughout the 6217 management area through the use of voluntary programs and its back-up enforcement authority (Chapter 60). Delaware has proposed an agricultural compliance policy (see Volume II-D, Tab 10 of the program submittal) which the State would use for the Agriculture category. This compliance policy could serve as a component of the strategy described in the condition above. III. FORESTRY FINDING: Delaware's program includes management measures in conformity with the 6217(g) guidance. The State has identified a backup enforceable authority but has not yet demonstrated the ability of the authority to ensure implementation throughout the 6217 management area. CONDITION: Within two years, Delaware will finalize and implement the proposed Forestry Erosion and Sediment Rules and Regulations. RATIONALE: Delaware's program submittal describes several commendable voluntary initiatives, including A Guide for Forestry Best Management Practices manual. This manual specifies best management practices that are in conformity with the 6217(g) management measures. The State also has back-up authority, through Delaware's Forestry Law, to address water quality problems that may result from silvicultural activities. New Castle County's Ordinance No. 90-316 ensures implementation of some of the management measures in that part of the State, but the proposed Forestry Erosion and Sediment Rules and Regulations need to be promulgated to enable the State to ensure implementation throughout the management area. IV. URBAN A. NEW DEVELOPMENT FINDING: Delaware's program includes management measures in conformity with the 6217(g) guidance and includes enforceable policies and mechanisms to ensure implementation. RATIONALE: Delaware has clearly defined requirements that implement both the water quality and quantity aspects of this management measure. The State requires stormwater practices for new development that result in: a) a minimum removal efficiency of 80% of the total suspended solids from the site and b) where wet ponds are used, extended detention that results in the release of the first inch of runoff over a 24 hour period. The program has been structured to allow delegation of program elements to local governments or conservation districts. Enforcement is the responsibility of the State and occurs through referrals from the delegated agencies or through citizen complaints. 7 Delaware Code, Chapter 40, 4015(a)-(b) and the associated Section 16 of the Delaware Sediment and Stormwater Regulations provide the authority to levy penalties for violations of these rules, regulations, orders or conditions imposed in an approved sediment and stormwater plan. B. WATERSHED PROTECTION and EXISTING DEVELOPMENT FINDING: Delaware'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. CONDITION: Within one year, Delaware will develop a process to ensure full implementation of the elements of the watershed protection and existing development management measures throughout the 6217 management area. RATIONALE: In the program submittal, Delaware describes watershed studies that are conducted in accordance with Section 9, Criteria for Designated Watersheds of the Delaware Sediment and Stormwater Regulations, and notes that the State is exploring the use of a whole basin approach for the protection of water quality, habitat and living resources. Subsequent to the program submittal, Delaware provided a Draft Framework Document on the Whole Basin Management Program. While this approach looks promising in coordinating a number of agency activities within the State, the program has not yet been implemented and the management strategies that may arise from this effort have not yet been developed. Depending on the extent to which these strategies incorporate the elements of the watershed protection and existing development management measures, they may provide useful tools to ensure implementation. While Section 9 provides a possible starting point to address these measures, only the Dover/Silver Lake watershed has been designated under this provision. This effort also does not completely address the elements of the existing development management measure since it does not include a schedule to implement appropriate controls. Under Section 9, a designated watershed study can only be initiated upon the recommendation of a Conservation District, county, municipality, or State agency. There are limitations in both the geographic scope and the specific requirements of Section 9 and the whole basin approach. Delaware needs to further develop approaches that will ensure the implementation of these management measures in watersheds throughout the 6217 management area. Delaware's Wetlands Act provides the State with the authority to preserve and protect public and private coastal wetlands and prevent their despoliation and destruction. The Subaqueous Lands Act provides for the protection of subaqueous lands and the regulations promulgated under this Act include specific requirements for preferred shore erosion control methods, assessment of environmental impact, and application of the Public Trust Doctrine. These authorities provide Delaware with the basic tools to reduce the generation of nonpoint source pollutants that result from development activities and to protect waterbodies and other sensitive areas. NOAA and EPA encourage Delaware to consider other appropriate tools such as establishment of vegetated stream buffers and land use planning and zoning techniques that can be used to ensure implementation of these management measures. Delaware's Coastal Ocean Management, Planning, and Assessment System (COMPAS) program may also provide tools that can be used to implement these management measures. Depending on how data and analysis products are compiled and used, there may be applications of geographic information that can be used to site development to protect the natural integrity of waterbodies and natural drainage systems. C. SITE DEVELOPMENT FINDING: Delaware's program does not yet include management measures in conformity with the 6217(g) guidance but includes enforceable policies and mechanisms that can be used to ensure implementation. CONDITION: Within three years, Delaware will incorporate provisions into the State Sediment and Stormwater Regulations that integrate the provisions of the site development management measure into the site development plan, an approved sediment and erosion plan or a similar mechanism. RATIONALE: The Sediment and Stormwater Regulations do not directly address the protection of areas that provide important water quality benefits (such as natural drainage features and vegetation) or areas particularly susceptible to erosion and sediment loss and do not include provisions for limiting impervious areas. Delaware notes in the program submittal that preserving natural drainage features and natural depressional storage areas, minimizing imperviousness, reducing the hydraulic conductivity of impervious surface areas, performance criteria and clustering are used as site planning practices but does not document how these practices are incorporated on a consistent basis into approved sediment and stormwater management plans. The plan requirement provides a mechanism to ensure implementation but the contents of the plans do not incorporate all of the elements of the management measure. D. CONSTRUCTION SITE EROSION AND SEDIMENT and CHEMICAL CONTROL FINDING: Delaware's program includes management measures in conformity with the 6217(g) guidance, except for construction site chemical control, and includes enforceable policies and mechanisms to ensure implementation of these management measures. CONDITION: Within one year, Delaware will complete revision of the State Sediment and Stormwater Program Erosion and Sediment Control Handbook to include construction site chemical management practices that are consistent with the elements of the construction site chemical control management measures. [NOTE: This condition also applies to the construction site chemical control management measure for roads, highways and bridges and the chemical and pollutant control management measure for hydromodification] RATIONALE: Delaware has a well-developed erosion and sediment control program that is in conformity with these management measures. Activities that result in land disturbance of 5,000 square feet or greater must submit an erosion and sediment control plan and obtain a permit from the Department of Natural Resources and Environmental Control or its delegated authority (7 Delaware Code, Chapter 40, 4003(a) and Section 8,1. of the Delaware Sediment and Stormwater Regulations). These requirements are enforced under the Delaware Code, Chapter 40, 4015(a)-(b) and Section 16 of the Delaware Sediment and Stormwater Regulations. Finally, Section 10 2.B of the Delaware Sediment and Stormwater Regulations requires that all erosion and sediment control plans comply with the Erosion and Sediment Control Handbook. Delaware notes in the program submittal that, although the goals of the construction site chemical control management measure are not currently covered by existing State law or regulation, the State is engaged in the process of revising the Erosion and Sediment Control Handbook. The revised Handbook will include chemical management practices for construction sites. E. NEW and OPERATING ONSITE DISPOSAL SYSTEMS (OSDS) FINDING: Delaware's program includes management measures in conformity with the 6217(g) guidance, except for the need to inspect OSDS at a frequency adequate to ascertain whether OSDS are failing. Delaware's program includes enforceable policies and mechanisms to ensure implementation of the management measures. CONDITION: Within three years, Delaware will amend its program by adding provisions to address the inspection of operating OSDS. RATIONALE: Chapter 60 and the State's Regulations Governing the Design, Installation, and Operation of On-site Wastewater Treatment and Disposal Systems provide the Department with the authority to regulate new and operating systems throughout the State. The regulations require permits from DNREC to construct, install, replace, or modify any OSDS. Notification and/or inspection requirements for new OSDS provide an effective mechanism to ensure that OSDS are sited and installed to minimize impacts. Although the State appears to lack a specific requirement for the installation of OSDS that reduce the total nitrogen loadings by 50 percent in nitrogen sensitive areas, Sections 6.05020 and 7.02010(ii), which require greater isolation distances and/or minimum performance standards where additional protection is needed, indirectly address this management measure component. The regulations also authorize the Department to conduct inspections of OSDS (3.22000). Delaware's On-site Wastewater Treatment and Disposal System Regulations specify that all property owners are jointly and severally responsible for maintaining, repairing and/or replacing their systems as necessary to assure proper operation of the system. Civil penalties imposed by the Superior Court provide an enforcement mechanism to ensure implementation of these requirements. The State, however, lacks a program to ensure that periodic inspections occur at a frequency adequate to ascertain whether an OSDS is failing or has failed. The State has established a program that provides low interest loans to owners of failing systems through the State Loan Revolving Fund. In addition, the Delaware Inland Bays Comprehensive Conservation and Management Plan includes an action plan for septic systems that will reduce the nonpoint source impacts from operating systems by installing central sewer systems. These efforts are commendable, however there remains a need to more broadly inspect operating systems to ascertain where there may be failures. F. POLLUTION PREVENTION FINDING: Delaware's program includes management measures in conformity with the 6217(g) guidance. RATIONALE: Delaware has provided materials documenting that its program addresses all of the elements specified in this management measure. The list includes educational materials addressing small businesses, lawns and gardens, OSDS, and pet waste. NOAA and EPA encourage Delaware to continue to develop its pollution prevention program to more fully address all aspects of this management measure. Areas the State may wish to target include illicit discharges to storm drains and turf management. G. ROADS, HIGHWAYS AND BRIDGES FINDING: Delaware's program includes management measures in conformity with the 6217(g) guidance, except for construction site chemical control, and includes enforceable policies and mechanisms to ensure implementation. RATIONALE: The Delaware Department of Transportation (DelDOT) is responsible for the location, design, and maintenance of roads, highways, and bridges. The DelDOT Location and Environmental Studies Section coordinates planning and development of highway systems with all appropriate regulatory agencies at federal, State, and local levels. DelDOT has been delegated the authority to implement the Sediment and Stormwater program for construction projects, including review and approval of sediment and stormwater control plans. DelDOT can take enforcement action through referrals to DNREC or through in- house stop work procedures. DelDOT also performs construction inspections and maintenance reviews of existing stormwater facilities, which can be used to identify needs to upgrade highway runoff systems. The State is revising the Erosion and Sediment Control Handbook which will incorporate guidance on construction site chemical controls, including those for roads, highways, and bridges. The condition described above for the construction site chemical control management measure will ensure that Delaware's program includes management measures for roads, highways and bridges in conformity with the 6217(g) guidance (see condition on page 5). V. MARINAS AND RECREATIONAL BOATING FINDING: Delaware's program includes management measures in conformity with the 6217(g) guidance and includes enforceable policies and mechanisms to ensure implementation. RATIONALE: DNREC is the agency responsible for implementing State marina regulations and issuing permits for new and expanding marinas. The marina regulations require a permit for construction of any new marina with five or more slips, any vessel maintenance yard adjacent to the water, and any boat launching ramp. Permit requirements address the protection of subaqueous lands, wetlands, shellfish beds, and requirements for sewage pumpout facilities and marine sanitation devices. All marina siting and design measures are addressed by the permit. Permit violations are subject to penalties and fines. The Delaware Marina Guidebook, developed as part of the marina regulations, provides information on the permitting process and technical guidance on marina siting, design, operation, and maintenance. Delaware's marina regulations require that new, expanding, and existing marinas develop and implement an operation and maintenance (O&M) plan. The marina regulations and O&M plan combine to implement practices addressed by each of the 6217(g) management measures. The O&M plan must be submitted to DNREC for reapproval every three years or any time the marina ownership or leasehold changes. The State's Marina Operation and Maintenance Guidance document provides guidance on developing an O&M plan. The State's Erosion and Sediment Control Handbook provides guidance on prevention and control practices at construction sites. VI. HYDROMODIFICATION FINDING: Delaware's program includes management measures in conformity with the 6217(g) guidance and includes enforceable policies and mechanisms to ensure implementation of the measures, except the program does not include (I) management measures for chemical and pollutant control at dams, for protecting surface water quality and habitat from the effects of dams, and for surface water withdrawals; and (ii) a process to address nonpoint source problems caused by eroding streambanks and shorelines. CONDITION: Within one year, Delaware will develop a process to ensure full implementation of management measures for protecting surface water quality and habitat from the effects of dams and surface water withdrawals. Within one year, Delaware will also develop a process to address eroding streambanks or shorelines causing nonpoint problems which are not reviewed under existing authorities, and to ensure full implementation of management measures for eroding shorelines and streambanks. RATIONALE: Delaware proposes to use the Subaqueous Lands Act and Regulations and the Delaware Sediment and Stormwater Law to implement management measures for channelization, erosion control at dams, and protection of surface water and habitat from the effects of dams. These authorities require permits for activities in navigable waterbodies, including channelization and land-disturbing activities at dams. The review of applications for a Subaqueous Lands Permit includes an evaluation of instream and riparian habitats, and project proponents are required to restore natural functions of streams. All land-disturbing activities at dams must be conducted according to an approved sediment and stormwater management plan and practices must be implemented to reduce erosion potential, retain sediment on-site, and provide for adequate stormwater retention/detention. Revisions to the Sediment and Stormwater Program's manual incorporating chemical management for construction activities will further address the management measure for chemical and pollutant control (see condition on page 5). Maintenance or modification of existing channels is exempt from the Subaqueous Lands Act if sponsored by the State, local governments or soil conservation districts. Maintenance or modification of water-control structures, including dams, is also exempt, but the Subaqueous Lands Act expressly provides that all of these exempted activities must comply with standards, specifications and practices in the Delaware Erosion and Sediment Control Handbook. As described above, revisions to the State Sediment and Stormwater Program Erosion and Sediment Control Handbook will implement management measures for chemical and pollutant control at dams. Further revisions to the Erosion and Sediment Control Handbook to incorporate the Principles and Guidelines for Planning, Constructing, and Maintaining Drainage Ditches in the State of Delaware will ensure that appropriate practices are implemented for both private maintenance activities and work performed with the assistance of any State, county, municipal government or conservation district. The Delaware Department of Agriculture also assists in implementing this management measure by regulating and certifying pesticide applicators, and commercial applicators for establishment and maintenance of vegetation. Delaware's process to identify and implement opportunities for improving water characteristics and habitat in existing channels is implemented through the State's Tax Ditch Program. DNREC, Division of Soil and Water Conservation is responsible for providing planning and organizational assistance for the development and maintenance of tax ditches. Tax ditches are established and tax ditch organizations are formed for the purpose of reconstructing and/or maintaining previously established drainageways. Operation and maintenance (O&M) plans for existing channelized waterways are developed cooperatively by the Natural Resources Conservation Service, DNREC, and individual soil conservation districts. Recent court decisions precipitated changes to Delaware's Tax Ditch Law which will broaden water management goals of Tax Ditch projects and improve the State's ability to address instream practices for nonpoint source concerns. These legislative changes were passed by the Delaware Legislature in 1995, have been the signed by the Governor, and are now codified in Chapter 41, Title 7 of the Delaware Code. Delaware is encouraged to utilize these changes to the Tax Ditch Law to implement the management measures. The Subaqueous Lands Act and Regulations partially address the management measure for eroding shorelines and streambanks by requiring a permit for activities on shorelines or streambanks below the normal high water level. The regulations require a more rigorous review and justification for projects involving structural controls such as bulkheading. Delaware recommends vegetative stabilization of shorelines and streambanks, although this is not required in the State regulations. The State often requires return walls, toe protection, and proper maintenance as permit design conditions for shoreline stabilization projects. The Tax Ditch Program ensures that streambank conditions are monitored through annual inspections and cost-share funds are provided to implement O&M Plans to address erosion problems. Delaware needs to develop a process to address eroding streambanks or shorelines causing nonpoint source problems which are not reviewed under existing permitting authorities or through the Tax Ditch Program. Delaware's program does provide for implementation of practices to establish no-wake zones to reduce erosion potential from boat wakes, to establish setbacks minimizing disturbance of land adjacent to streambanks and shorelines, and to direct upland drainage away from bluffs and banks so as to avoid accelerating slope erosion. VII. WETLANDS, RIPARIAN AREAS AND VEGETATED TREATMENT SYSTEMS FINDING: Delaware's program includes management measures in conformity with the 6217(g) guidance and includes enforceable policies and mechanisms to ensure implementation, except that there are significant exemptions and limitations in the geographic coverage of the program. CONDITION: Within three years, Delaware will further develop its program to address activities in wetlands and riparian areas that are not currently reviewed under existing permit authorities. RATIONALE: Delaware requires permits for activities in tidal salt marshes, tidal freshwater wetlands, and nontidal wetlands greater than 400 contiguous acres. Smaller wetlands are exempt. Regulatory authority over tidal and non-tidal riparian areas is provided by the Subaqueous Lands Regulations. The Tidal Wetlands Comprehensive Wetlands Conservation and Management Plan, administered by DNREC, evaluates tidal wetlands and identifies numerous action steps that should be taken to improve the State's current management of tidal wetlands. The Non-tidal Wetlands Comprehensive Wetlands Conservation and Management Plan, is under development and will result in an evaluation of non-tidal freshwater wetlands, with identification of approaches that can be taken to develop and coordinate regulatory and nonregulatory methods to improve the protection of freshwater wetlands. Because these plans could be used to address problems in wetlands/riparian areas that do not come up for review under existing permit authorities, Delaware is encouraged to utilize its "Top Ten Action Item List" in the Comprehensive Tidal Wetlands Conservation and Management Plan, finalize the Nontidal Wetlands Comprehensive Conservation and Management Plan, including consideration of the potential role of any freshwater wetlands legislative authority, and use these tools to further implement the management measure. Delaware implements management measures to promote restoration of wetlands and riparian areas through the Northern Delaware Wetlands Rehabilitation Program, which undertakes projects to restore wetlands that are degraded. Delaware is encouraged to continue and consider expansion of the Northern Delaware Wetlands Rehabilitation Program to the rest of the State. Delaware has also prepared reports addressing compensatory mitigation banking and methodologies for siting non-tidal wetland restoration projects, and intends to utilize these procedures in adhering to a policy of no net loss. Delaware's Sediment and Stormwater Program implements management measures promoting the use of engineered vegetated treatment systems such as constructed wetlands and vegetated filter strips as part of its review of projects and issuance of permits. VIII. ADMINISTRATIVE COORDINATION FINDING: Delaware's program establishes mechanisms to improve coordination among State agencies and between State and local officials. RATIONALE: Delaware has submitted a Memorandum of Understanding, in which the Secretaries of Agriculture, Transportation, and Natural Resources and Environmental Control agree to cooperate in implementing the coastal nonpoint program. The State has submitted organizational charts which identify agencies and programs responsible for program implementation. The program submittal included milestones for implementation and tables which outline existing authorities, programs, and administrative coordination for each of the source categories. IX. PUBLIC PARTICIPATION FINDING: Delaware's program provides opportunities for public participation in the development and implementation of the coastal nonpoint program. RATIONALE: In the program submittal, Delaware described several activities that provided opportunities for public participation in its coastal nonpoint program during the preparation and implementation phases. The State used a series of public meetings (described in Volume III of the program submittal) to ensure that the public had adequate opportunity for input. The State also established working groups to assist in the development of the coastal nonpoint program (also described in Volume III). Finally, Delaware, in concert with the States of New Jersey, Pennsylvania, and the Delaware Estuary Program, undertook a tri- state public outreach program designed to increase the public's understanding of nonpoint source pollution and to further ensure public participation. These efforts are described on pages 1-4 and 1-5 of Volume I and in Volume III (Public Involvement) of the program submittal. Comments received by the State during its Public Meeting and subsequent public review have been included in Volume III of the program submittal. X. TECHNICAL ASSISTANCE FINDING: Delaware has included programs that will provide technical assistance to local governments and the public for implementing additional management measures. RATIONALE: Delaware identified a variety of technical assistance initiatives available to local government and the public. The assistance, offered by a number of government and academic entities, is described in section six of each of the categories within the program submittal. XI. ADDITIONAL MANAGEMENT MEASURES FINDING: Delaware's program provides for the identification of additional management measures and the continuing revision of management measures applicable to critical coastal areas and cases where (g) measures are fully implemented but water quality threats or impairments persist. RATIONALE: Delaware's program describes five specific watershed monitoring projects which are currently underway. The ultimate goal of the State's watershed approach is to identify all sources of pollution which impact a common waterway and determine the most appropriate means for protecting water quality and ameliorating existing problems. The State describes monitoring and tracking programs (pg 8-1) that will be used to assess pollutant loads and the implementation, inspection, and maintenance of management measures. The information gained will be used to identify additional management measures and modify the program as necessary to satisfy the requirement for additional management measures. XII. CRITICAL COASTAL AREAS FINDING: Delaware's program identifies and includes a process for the continuing identification of critical coastal areas adjacent to impaired and threatened coastal waters. RATIONALE: Delaware will utilize its Section 319 Nonpoint Source Assessment Report (May, 1995) to evaluate and identify critical coastal areas. The Report utilized a watershed approach to identify priority watersheds on a county wide basis. Nutrients and sediments were identified as the major sources of nonpoint source pollution with agriculture and urban stormwater runoff identified as the major contributors. Documentation for the prioritization and conclusions are included in the Report which reviewed 41 watersheds and identified 12 of these as priority watersheds (see pg. 1-10 of the Report). XIII. MONITORING FINDING: Delaware's program includes a plan to assess over time the success of the management measures in reducing pollutant loads and improving water quality. RATIONALE: In Chapter 8 of the program submittal, Delaware describes how it will apply existing and new monitoring efforts to assess over time whether the management measures are reducing pollutant loads and improving water quality. XIV. STRATEGY AND EVALUATION FOR BACK-UP AUTHORITIES Within two years, Delaware will develop a strategy to implement the management measures for agriculture throughout the 6217 management area. This strategy will include a description and schedule for the specific steps the State will take to ensure implementation of the management measures; describe how existing or new authorities can be used to ensure implementation where voluntary efforts are unsuccessful; and identify measurable results which, if achieved, will demonstrate the State's ability to achieve implementation of the management measures using the described approach. Delaware will also develop and apply credible survey tools to demonstrate the ability of the State's approach to achieve implementation for these management measures. The use of credible assessment techniques are necessary in order for NOAA and EPA to evaluate, at the end of the 3 year period described in the March 16, 1995 guidance issued by NOAA and EPA entitled Flexibility for State Coastal Nonpoint Programs, whether the State's approach has been successful or whether new, more specific authorities will be needed.