FINDINGS FOR THE
      FLORIDA COASTAL NONPOINT PROGRAM
                      

FOREWORD

     This document contains the findings for the coastal
nonpoint pollution control program submitted by the State of
Florida pursuant to Section 6217(a) of the Coastal Zone Act
Reauthorization Amendments of 1990 (CZARA).  The findings are
based on a review of the Florida Coastal Nonpoint Source
Pollution Control Program, July 1995 and supplemental material
provided by Florida 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 Florida 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 Florida 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 Florida's
program.  It also provides the rationale for the findings and
includes conditions that will need to be met for Florida 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 to page numbers and text refer to the Florida Coastal
Nonpoint Source 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 included in the 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:  Amy Gambrill (202-260-7105)

NOAA/Office of Ocean and Coastal Resource Management
Coastal Programs Division
SSMC-4, N/ORM3
1305 East-West Highway
Silver Spring, MD  20910
Contact:  Jeanine Stevens (301- 713-3109 ext. 162)

U.S. EPA, Region 4
61 Forsyth St., SW
Atlanta, GA 30303
Contact: Robert B. Howard (404-562-9370)


     I.   BOUNDARY

FINDING:  Florida has included the entire State as the 6217 management area within which it will
implement the coastal nonpoint program.  Therefore, Florida'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 Florida.

     II.  AGRICULTURE

FINDING:  Florida's program includes management measures in conformity with the 6217(g)
guidance.  The State has identified back-up enforceable policies and mechanisms but has not yet
demonstrated their ability to ensure implementation throughout the 6217 management area.

CONDITION:  Within two years, Florida will develop a strategy (in accordance with Section XIII,
page 14) to implement the agricultural management measures throughout the 6217 management
area.

RATIONALE:  The Florida Coastal Nonpoint Source Pollution Control Program (July 19, 1995)
briefly summarizes the 6217(g) measures for agriculture, but does not make clear that Florida
intends to implement those management measures as part of its coastal nonpoint program.  In phone
discussions with Florida Department of Environmental Protection (DEP) staff who developed
Florida's coastal nonpoint program, the State clarified that Florida will implement the 6217(g)
management measures for agricultural sources as specified in Chapter 2 of Guidance Specifying
Management Measures for Sources of Nonpoint Pollution in Coastal Waters (EPA, January 1993).

     Florida proposes to implement the agricultural management measures through five water
management districts (WMDs), which administer Florida's regulatory stormwater program, and also
provide technical assistance, prepare watershed management plans, and enforce water quality
standards.  Conservation plans, prepared by the National Resource Conservation Service (NRCS) or
private consultants, are forwarded to the appropriate WMD for review and approval.  The WMDs
are empowered by state regulations to enforce state water quality standards.  If a farming operation
results in a violation of these standards, then the WMDs can take enforcement action under each
district's regulations or under the overall state regulation. The State relies on the NRCS Field Office
Technical Guide for farming practices that address the management measures for agriculture.  

     As described in the program submittal, WMDs are authorized to review plans and issue
permits, but the State does not describe how the WMDs will use their authority to ensure
implementation.  Examples are provided of programs that combine voluntary and regulatory
approaches to address agricultural nonpoint pollution, including the Agricultural Surface Water
Management Program in the Southwest Florida Water Management District and the Forestry and
Agriculture Resource Management Program in the Suwannee River Water Management District. 
Florida needs to further describe how these programs, as models, can be used to ensure widespread
implementation of the agricultural management measures throughout the 6217 management area. 
Florida's Regulation of Stormwater Discharge (Chapter 62-25 sec.030(4)(e) FAC) exempts new
stormwater discharge facilities for agricultural lands from permit requirements provided they are
part of an approved and implemented conservation plan.  Florida has additional authority under the
Feedlot and Dairy Wastewater Treatment and Management Requirements (Chapter 62-670, FAC.),
which requires permits for concentrated animal feeding operations.  Dairies in the Lake Okeechobee
drainage basin are under additional more stringent requirements.  The DEP is also evaluating
proposed revisions to rules for appropriate waste management and ground water monitoring for
confined animal facilities and new dairies. The State's Pesticide Act (Chapter 487 F.S.) and Water
Policy (Chapter 62-40 FAC.) also provide additional authority for implementing parts of the
pesticide and irrigation management measures.

     Florida has several authorities that could serve as back-up enforceable policies and
mechanisms.  Florida's Water Resources Act (Chapter 373 F.S.), and the Florida Air and Water
Pollution Control Act (Chapter 403.161 F.S.; see Water Policy, Chapter 62-40, sec.403, FAC)
provide enforcement authority where a water quality standards violation has occurred.  Subsequent
to the program submittal, Florida provided supplemental information describing a new Agricultural
Regulatory Streamlining Group (ARSG), including a draft work plan.  NOAA and EPA view the
activities of the ARSG as providing the means by which to develop a strategy to ensure that the
agricultural management measures are implemented.

     III. FORESTRY

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

RATIONALE:  Florida's Silviculture Best Management Practices (BMP) manual includes
standards and specifications that are in conformity with the 6217(g) management measures.  The
Florida Division of Forestry (DOF) is the lead agency for the State's Silviculture Nonpoint Source
Program.  The DOF is responsible for working with other organizations in the State to develop,
maintain and improve forestry BMPs and for disseminating information through public education
and training programs.  The DOF also provides technical assistance to landowners, consulting
foresters, logging contractors and others to ensure that BMPs are implemented.

     Each of the WMDs require a Notice of General Permit (NGP) prior to commencement of
any forest harvesting activity.  The NGP requires implementation of practices in accordance with
the BMP manual and remains in effect as long as operations are in compliance with the BMPs. 
Violations of the conditions for the NGP are subject to enforcement action and penalties under
403.161 F.S.  The maintenance of State water quality standards is required during all silviculture
operations.  In addition, Florida's WMDs have specific responsibilities for aspects of silvicultural
nonpoint source control under the Warren Henderson Wetlands Protection Act.  Through this act,
administered cooperatively by the DEP and WMDs, the WMDs can require individual permits for
stream crossings and other activities that impound, divert or obstruct the normal flow of surface
water.  The DOF monitors BMP implementation by conducting a biennial compliance survey. 
Specific sites are selected from aerial reconnaissance.  Selected sites are then evaluated by a trained
professional forester for compliance with BMPs. Results of the survey are used to determine where
additional efforts may be needed to improve compliance rates and target technical assistance efforts.




     IV.  URBAN

     A.   NEW DEVELOPMENT

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

RATIONALE:  Florida's Water Policy (Chapter 62-40, FAC.) states that the Florida Department of
Environmental Protection and the WMDs shall adopt rules that specify design and performance
criteria for new stormwater management systems that shall be designed to achieve  at least an 80
percent reduction of the average annual load of pollutants that would cause or contribute to
violations of state water quality standards and at least a 95 percent reduction of average annual load
of pollutants that would cause or contribute to violations of State water quality standards in
Outstanding Florida Waters. Under the recently approved Environmental Resource Permit (ERP)
program (Chapter 373, FS), regulation of stormwater was delegated to all of the WMDs except for
the Northwest District, and these four Districts are currently in the process of amending their rules
to reflect the same standards.  

     The Water Policy sets as a goal of Florida's stormwater management program the
maintenance, to the maximum extent practicable, during and after construction and development, of
the pre-development stormwater characteristics of a site (sec.420(1)(b)).  Chapter 62-25, FAC.,
which requires permits for new stormwater discharge facilities, includes specific design and
performance standards that require erosion and sediment control best management practices be used
as necessary during construction to retain sediment on-site.  Moreover, Chapter 62-25 requires that
stormwater discharge facilities directly discharging to Outstanding Florida Waters include an
additional level of treatment equal to 50 percent of the treatment criteria specified for other waters
of the State.  NOAA and EPA commend the State for providing additional protection for significant
waters.

     B.   WATERSHED PROTECTION AND EXISTING DEVELOPMENT

FINDING:  Florida's program includes management measures in conformity with the 6217(g)
guidance for watershed protection and existing development and includes enforceable policies and
mechanisms to ensure implementation throughout the 6217 management area.

RATIONALE:  Florida has several programs that work together to implement the watershed
protection and existing development management measures.  The State's Water Policy (Chapter 62-
40, FAC) sets out as goals the elimination of the discharge of inadequately managed stormwater into
waters and the minimization of other adverse impacts on natural systems.  In addition, the Water
Policy encourages the development of comprehensive watershed management plans in designated
watersheds and mandates the cooperative implementation of a watershed-based comprehensive
stormwater management program as required under Chapter 403, F.S.  Additionally, the State's
stormwater management program must be compatible with the State Comprehensive Plan (under
Chapter 187 F.S.), the Local Government Comprehensive Planning and Land Development
Regulation Act (Chapter 163 F.S.), the Surface Water Improvement and Management Act (Chapter
62-43 F.S.), and the Water Resources Act (Chapter 373 F.S.).

     The Surface Water Improvement and Management (SWIM) Act (Chapter 62-43 F.S.)
provides for the identification of priority water bodies within each of the five WMDs and the
development of plans for restoring or protecting these water bodies.  The SWIM program's goals
include improvement of surface water quality, protection of natural systems, use of partnerships, and
watershed-based management.  SWIM plans must include recommendations and schedules for
bringing all point and nonpoint sources into compliance with State standards "when not contrary to
the public interest", as well as a schedule for restoration or protection of the water body.  Plans are
reviewed and approved by the State and must be updated every three years.

     In addition, Areas of Critical State Concern (Chapter 380.05 F.S.) are selected by the Florida
Department of Community Affairs and approved by the legislature to prevent uncontrolled
development in areas that contain or have significant impacts upon environmental or natural
resources of regional or statewide importance.  Areas of Critical State Concern include Florida
Keys, Big Cypress, Green Swamp, Apalachicola Bay.  Florida also has a water classification system
(Chapter 62-302, FAC.) that prohibits any degradation of water quality in Outstanding Florida
Waters and Outstanding National Resource Waters. The State Parks system and Aquatic Preserves
system also provide protection for ecologically significant areas in the State.

     C.   SITE DEVELOPMENT

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

RATIONALE:  Florida's program submittal did not address the site development management
measure but the State provided supplemental information that describes how site development is
implemented.  As described in the supplemental information, Florida has authority under Chapters
187 and 163, Florida Statutes, to ensure that site development is implemented at the local level. 
Chapter 187 addresses the State Comprehensive Plan, which includes general goals for site
development that should be addressed in local plans.  Under Chapter 163, minimum requirements
for local comprehensive plans are established, including elements related to the site development
management measure.  Specifically under Section 163.3202, local governments are required to
adopt land development regulations that address site development and the state land planning
agency can compel the adoption of local land development regulations when it finds that a local
government has failed to do so.  Based on the supplemental information, all of Florida's local
governments have adopted their approved comprehensive plans and land development regulations.

     In addition to the authority provided under the State's comprehensive planning program,
Rule 9J-5, FAC, establishes more specific criteria for local land development plans and associated
regulations, particularly for coastal management (9J-5.012).  The required coastal management
element of comprehensive plans must identify important coastal features and ensure protection of
these natural resources by planning and, where appropriate, restricting development where such
activities would damage or destroy coastal resources.




     D.   CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL

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

RATIONALE:  Florida's Department of Environmental Protection has delegated authority for
stormwater management to four of the five WMDs - the Suwanee River, Saint John's River,
Southwest Florida, and South Florida Water Management Districts.  The Northwest Florida Water
Management District remains under direct State regulatory control.  The State's stormwater
discharge permitting authority (Chapter 62-25, FAC) requires that erosion and sediment control best
management practices be used during construction to retain sediment on site.  Further, the State's
Water Policy (Chapter 62-40, FAC) requires that Water Management Districts develop erosion and
sediment control plans detailing appropriate methods to retain sediment onsite for land disturbing
activities.  Although these requirements address the elements of the management measure, it is
unclear how the individual Water Management Districts administer the requirements of the
stormwater program, including the technical standards used to review and approve erosion and
sediment control plans.

     E.   CONSTRUCTION SITE CHEMICAL CONTROL

FINDING:  Florida's program does not include management measures in conformity with the
6217(g) guidance for construction site chemical control.  Florida has identified the development of a
unified statewide stormwater rule as a means to ensure implementation, but the stormwater rule has
not yet been adopted.

CONDITION:  Within two years, Florida will include in its program management measures in
conformity with the 6217(g) guidance for construction site chemical control and enforceable
policies and mechanisms to ensure implementation throughout the 6217 management area.

RATIONALE:  In its program submittal, Florida states that it does not have specific regulations to
control storage of chemicals and toxic materials at construction sites, but it can regulate spills that
may result from stored materials.  The State needs to further develop tools and provide guidance for
addressing the proper storage and disposal of fertilizers and other toxic substances that can be
generated on construction sites such as oil, gasoline, paint, and sealers.  NOAA and EPA encourage
the State to consider including requirements for construction site chemical control in best
management practices manuals related to erosion and sediment control.

     In supplemental material provided by the State subsequent to the program submittal, Florida
proposes to include pollution prevention plan requirements (that incorporate the elements of the
construction site chemical control management measure) into a unified statewide stormwater rule. 
The rule could then be used to ensure implementation.  NOAA and EPA encourage the State to
pursue this approach and have provided time to complete and adopt the unified rule.  In meeting the
condition, it will be important that the proposed rule fully address the elements of the management
measure and apply to the full range of activities described in the applicability statement for the
management measure.

     F.   NEW and OPERATING ONSITE DISPOSAL SYSTEMS

FINDING:  Florida's program includes management measures in conformity with the 6217(g)
guidance for new and operating onsite disposal systems, except the program does not include
provisions for inspection of onsite systems that are not covered under an annual operating permit. 
Florida's program includes enforceable policies and mechanisms to ensure implementation
throughout the 6217 management area.

CONDITION:  Within three years, Florida will include in its program management measures in
conformity with the 6217 (g) guidance to provide for inspection of onsite systems that are not
covered under an annual operating permit.

RATIONALE:  Florida has a comprehensive regulatory program for onsite disposal systems
(OSDS) that is generally consistent with the 6217(g) management measures for new and operating
OSDS.  Under its Standards for Onsite Sewage Treatment and Disposal Systems (Chapter 10D-6
FAC), the Florida Department of Health and Rehabilitative Services (FDHRS) regulates the
installation, repair, and modification of OSDS through a permitting process.  The standards require
that onsite systems only be placed in suitable areas and with protective setbacks.  Further, the
Standards require a vertical separation distance between the drainfield and the water table of 42
inches; the water table elevation at the wettest season of the year must be at least 24 inches below
the bottom surface of the drainfield.  

     Maintenance of onsite disposal systems is the responsibility of the owner.  Only systems
required to have an annual operating permit (commercial establishments) must be inspected
annually.  For systems not covered under an annual operating permit, the standards encourage
inspections every three to five years.  However, Florida has not provided information to demonstrate
that the encouragement of inspections every three to five years ensures that inspections occur at a
frequency adequate to ascertain whether an OSDS is failing or has failed.  Based on supplemental
information provided subsequent to the program submittal, Florida has requirements for
denitrification (aerobic units) in the Florida Keys, the only area the State has identified where
nitrogen-limited surface waters may be adversely affected by excess nitrogen loadings from onsite
disposal systems.

     G.   POLLUTION PREVENTION

FINDING:  Florida's program includes management measures in conformity with the 6217(g)
guidance.

RATIONALE:  In supplementary information submitted to NOAA and EPA, Florida briefly
describes a number of its programs and public education materials that implement the components
of this management measure.  These include the State's Surface Water Improvement and
Management Program (SWIM); brochures on controlling nonpoint pollution in watersheds, homes
and yards, waterfronts, and onsite disposal systems; and various citizens guides on 
stormwater treatment, construction of stormwater ponds, and protection and restoration of surface
waters.


     H.   ROADS, HIGHWAYS, AND BRIDGES

FINDING:  Florida's program includes management measures in conformity with the 6217(g)
guidance, except for construction site chemical control.  Florida's program includes enforceable
policies and mechanisms to ensure implementation, except for construction site chemical control. 
Florida has identified the development of a unified statewide stormwater rule as a means to ensure
implementation, but the stormwater rule has not yet been adopted.

CONDITION:  Within two years, Florida will include in its program management measures in
conformity with the 6217(g) guidance for construction site chemical control and enforceable
policies and mechanisms to ensure implementation throughout the 6217 management area.

RATIONALE:  Florida meets the management measure for planning, siting and developing roads,
highways and bridges through several programs.  For those roads, highways and bridges within the
jurisdiction of the Florida Department of Transportation (DOT), the DOT evaluates the
environmental effects of proposed projects and then establishes a set of contract clauses needed to
protect water quality and other environmental values.  For other State and local roads, highways and
bridges, Florida provides for multi-agency review well in advance of construction (Water Policy,
Chapter 62-40, sec. 420 FAC.).  In addition, Florida's Local Government Comprehensive Planning
and Land Development Regulation Act (Chapter 163, Part II, F.S.) requires local governments to
prepare plans consistent with State plans and implementing regulations. 

     Florida's DOT uses contract specifications to ensure implementation of the erosion and
sediment control measure on DOT roads, highways and bridges projects and implements a complete
program, including periodic inspections, for operation and maintenance of State roads, highways
and bridges subject to DOT jurisdiction.  For other roads, highways and bridges, Florida's
stormwater regulations (62-25, FAC) require short term and long term stormwater management
controls, including performance standards for erosion and sediment controls during construction and
permanent stormwater management facilities for post-construction.  The regulations also include
requirements for operation and maintenance of stormwater management facilities.

       As discussed above, Florida does not currently address construction site chemical control. 
Florida proposes to include pollution prevention plan requirements (that incorporate the elements of
the construction site chemical control management measure) into a unified statewide stormwater
rule to address this management measure.

     V.   MARINAS AND RECREATIONAL BOATING

     A.   SITING AND DESIGN

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

RATIONALE:  Florida uses an enforceable, pre-construction permit program to implement most of
these measures (Chapter 62-312, sec.030(1), .080(1), 080(3), 080(6)(a), .080(7) FAC).  The permit
applicant must include a hydrographic study that addresses marina flushing; the effect of proposed
dredging on water flow; a water quality assessment; and effects on water resources (Chapter 62-312,
sec. 060(5)(a), FAC).  Permits also include requirements for spill control (Chapter 62-312, sec.
430(3)).  Permits are denied if violations of water quality standards would result, and are also denied
in State waters that are classified as unapproved for shellfish harvesting unless protective
procedures are adopted.  The stormwater runoff measure is implemented through Florida's
stormwater permit program (Chapter 62-40, FAC).  

     B.   OPERATION AND MAINTENANCE

FINDING:  Florida's program does not include management measures in conformity with the
6217(g) guidance.  Florida has identified back-up enforceable policies and mechanisms for
implementing the management measures but has not yet demonstrated the ability of these authorities
to ensure implementation throughout the 6217 management area.

CONDITION:  Within two years, Florida will include in its program management measures for
operation and maintenance in conformity with the 6217(g) guidance.  Within one year, Florida will
develop a strategy (in accordance with Section XIII, page 14) to implement these measures
throughout the 6217 management area.

RATIONALE:  With the exception of fish waste management for new and expanding marinas
only, and petroleum control, Florida generally does not include these measures in its program. 
However, it does have a back-up authority through its general prohibitions against polluting State
waters (Chapter 403, Part I, sec.161, F.S. and Chapter 376 sec.302, F.S. ). 

     Florida is considering the development of State certification of marinas as a voluntary
approach to promote environmental awareness. The State is proposing to develop marina standards
related to nonpoint source pollution control, including the following: stormwater treatment;
hazardous waste storage and disposal; solid waste storage and disposal; proper boat cleaning,
operation, maintenance and repair; fish waste disposal; liquid material storage and disposal;
petroleum control; public education; and installation and maintenance of sewage facilities. 
Together, the DEP and the marina owner/operator would develop a program and timetable to bring
the marina into compliance with the standards.  We encourage the State to complete the
development of this marina certification program, in conjunction with other activities, to ensure
implementation of the marina operation and maintenance management measures.

     VI.  HYDROMODIFICATION

FINDING:  Florida's program includes management measures in conformity with the 6217(g)
guidance, and includes enforceable policies and mechanisms to ensure implementation of the
management measures; except, the State's program does not include: (1) management measures for
chemical and pollutant control at dams; (2) management measures to protect surface water quality
and instream and riparian habitat from the effects of dams; (3) a process to identify and develop
strategies to solve existing nonpoint source problems caused by streambank or shoreline erosion that
do not come up for review under existing permit authorities; (4) a process to protect shoreline
features with the potential to reduce nonpoint source pollution; and (5) a process to protect
shorelines against erosion due to uses of the adjacent shorelands or adjacent waters.  Florida has
identified back-up enforceable policies and mechanisms for the management measures for chemical
and pollutant control at dams, and for management measures to protect surface water quality and
instream and riparian habitat from the effects of dams, but has not yet demonstrated the ability of
these authorities to ensure widespread implementation throughout the 6217 area.  In addition,
exemptions in Florida's dredge-and-fill program may preclude the State from fully implementing
the management measures for channelization, channel modification, shorelines and streambanks.

CONDITIONS:  Within three years, Florida will include in its program management measures that
are in conformity with the 6217 (g) management measures for chemical and pollutant control at
dams, and for the protection of surface water quality and instream and riparian habitat from the
effects of dams.  Within three years, Florida will also demonstrate its ability to achieve widespread
implementation of these management measures using the approach and enforceable policies and
mechanisms described in the State's implementation strategy.   Within three years, Florida will also
develop a process to: (1) identify and develop strategies to solve existing nonpoint source problems
caused by streambank or shoreline erosion that do not come up for review under existing permit
authorities; (2) protect shoreline features with the potential to reduce nonpoint source pollution; (3)
protect shorelines against erosion due to uses of the adjacent shorelands or adjacent waters.  Within
three years, Florida will also either modify exemptions to the dredge-and-fill program or
demonstrate that the exemptions do not preclude the State from fully implementing the management
measures for channelization and channel modification, shorelines and streambanks.

RATIONALE:  Florida requires permits for both new channelization activities and modification of
existing channels.  Permit applications for new projects are reviewed for impacts on water quality,
habitat, and the functions of wetlands as nonpoint source pollution filters.

     Opportunities to improve surface water quality and habitat in existing modified channels are
being identified in Florida through the SWIM Program.  Funding provided by the Florida
Legislature is used by WMDs for planning, design, and implementation of plans and programs for
surface water improvement and management.   The legislation that created SWIM requires:
identification of point and nonpoint sources of water pollution in individual water bodies;
development of strategies for restoration or protection; preparation of a list of feasibility studies
needed to support restoration or protection strategies; development of a schedule for restoration or
protection activities and of a plan for interagency coordination to implement restoration or
protection  actions.  A plan for each water body includes recommendations and schedules for
bringing all sources into compliance with state water quality standards, "when not contrary to the
public interest."

     Florida requires erosion and sediment control plans detailing appropriate methods to retain
sediment onsite for land disturbing activities at dams.  Florida's program does not include
management measures for chemical and pollutant control at dams.  While providing some back-up
enforceable policies and mechanisms for the management measures for chemical and pollutant
control at dams, Florida has not yet demonstrated its ability to ensure implementation of these
management measures throughout the 6217 management area.

     Florida's program also does not include management measures for protecting surface water
quality and instream and riparian habitat from the effects of existing dams. Florida states that the
measure is not applicable because of the few dams that meet the CZARA applicability criteria. 
However, the National Inventory of Dams lists 434 dams in Florida that would fall under the
CZARA applicability criteria.  Florida also notes that the Department of Environmental Protection
and the WMDs have many existing programs to protect the quality of surface waters, whether
naturally flowing or artificially regulated by dams, and monitoring programs are used to determine
any degradation of water quality and, if found, steps are taken to correct the situation.  

     Florida requires permits for projects involving shoreline or streambank stabilization
(Chapter 62-312 and Chapter 62-242, FAC.  Permit applications are evaluated to determine the
optimum method of protecting the shoreline while providing maximum benefit for the resource. 
Whenever possible, the recommendation is made to use natural vegetative methods. All bulkheads
must have additional riprap at the toe to dissipate the wave energy and provide habitat for marine
life.

     Finally, exemptions in the State's dredge-and-fill program include construction of seawalls
or riprap in artificially created waterways.  This exemption interferes with the State's ability to fully
implement the management measures for channelization, channel modification, and shorelines and
streambanks.

     VII. WETLANDS, RIPARIAN AREAS AND VEGETATED TREATMENT SYSTEMS

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

RATIONALE:  Florida requires a permit for dredging or filling activities in waters of the state,
including wetlands.  Permit applications for new projects are reviewed for impacts on water quality,
habitat, and the functions of wetlands as nonpoint source pollution filters.  In addition, stormwater
regulations require BMPs that reduce or eliminate pollutants entering wetlands from upland
developments.

     Further implementation of the management measure to protect wetlands and riparian areas is
achieved through the SWIM Program, which provides for the identification of point and nonpoint
sources of water pollution in individual watersheds, and the development of strategies for
restoration or protection of river corridors and wetlands systems with the goal of bringing all
sources of surface water pollution into compliance with state water quality standards "when not
contrary to the public interest.".

     Management measures promoting restoration of wetland and riparian areas are implemented
through the SWIM Program, which supports demonstration projects involving restoration of
wetlands and river channels as part of the plan to restore water quality in the State's priority
watersheds. 

     Management measures promoting vegetative treatment systems are implemented through
stormwater regulations which require the application of BMPs for stormwater runoff.  The planting
of native wetland species is encouraged to stabilize retention ponds and to assimilate pollutants.

          VIII.     ADMINISTRATIVE COORDINATION

FINDING:  Florida's program establishes mechanisms to improve coordination among State
agencies and between State and local officials.

RATIONALE:  Florida proposes to implement the coastal nonpoint program statewide.  A
combination of several programs administered by agencies described in Chapter 2 of the program
submittal will be used to implement the provisions of the coastal nonpoint program.  The State's
submittal describes the roles of the various agencies and their authorities. NOAA and EPA
encourage the State to develop further mechanisms to improve administrative coordination among
the agencies involved in the coastal nonpoint program, including memoranda of agreement
describing specific agency roles and points of coordination, formal interagency comments during
other agencies' permitting processes, and regularly scheduled interagency staff meetings.

     IX.  PUBLIC PARTICIPATION

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

RATIONALE:  The program submittal describes several activities that provide opportunities for
public participation in its coastal nonpoint program during the development and implementation
phases.  These opportunities include conducting a series of interactive workshops held at ten
regional locations in the state.  The purpose of the workshops was to explain the objectives of the
Florida Coastal Nonpoint Source Pollution Control Program and to elicit public comment and
suggestions for the development and future directions of the program.  Florida provided a 30-day
public comment period on the final program submittal and received two comment letters during this
period.  The State responded to these comments.

     X.   TECHNICAL ASSISTANCE

FINDING:  Florida has included programs that will provide technical assistance to local
governments and the public for implementing additional management measures.

RATIONALE:  Florida has proposed a variety of technical assistance efforts for local governments
and the public.  These efforts will focus on numerous issues relative to nonpoint source pollution
activities and will be conducted by a variety of sources. The DEP's Stormwater/ Nonpoint Source
Management Section maintains up-to-date files on State and national stormwater projects.  The 
WMDs, as part of the SWIM program, involve staff in many types of stormwater treatment,
management and restoration projects, and the WMDs also conduct a Local Government Planning
Assistance Program.  The Florida Department of Agriculture and Consumer Services and
Cooperative Extension Service assists the agriculture industry with education and pilot projects and
demonstration programs.  The Florida Coastal Management Program also provides limited
assistance through nonpoint source publications and subgrant nonpoint source pollution projects.

     XI.  CRITICAL COASTAL AREAS and ADDITIONAL MANAGEMENT MEASURES

FINDING:  Florida's program does not identify or include a process for the continuing
identification of critical coastal areas adjacent to impaired or threatened coastal waters or provide
for the development and continuing revision of management measures applicable to critical coastal
areas and cases where the 6217(g) measures are fully implemented but water quality threats or
impairments persist.

CONDITION:  Within two years, Florida will include in its program identification of, and a
process for the continuing identification of, critical coastal areas adjacent to impaired or threatened
coastal waters and a process for developing and revising management measures to be applied in
such critical coastal areas and in areas where  the 6217(g) measures are fully implemented but water
quality threats or impairments persist.

RATIONALE:  Florida's program submittal provides no information on the identification of
critical coastal areas, nor does it include a process for the continuing identification of critical coastal
areas adjacent to impaired or threatened coastal waters or provide for the development and
continuing revision of management measures applicable to critical coastal areas and cases where the
6217(g) measures are fully implemented but water quality threats or impairments persist.

     XII. MONITORING

FINDING:  Florida's 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, Florida will include in its program a plan that enables the State to
assess over time the extent to which implementation of management measures is reducing pollution
loads and improving water quality.

RATIONALE:  In the program submittal, Florida describes its general water quality monitoring
programs, however, the submittal does not discuss how existing monitoring programs might
specifically be used to evaluate the effectiveness of the State's coastal nonpoint program.  In
preparation for Florida's threshold review, the State submitted extensive information on its existing
water quality monitoring programs, including a recently developed bioassessment protocol that will
be used to assess the impacts of nonpoint sources.  NOAA and EPA applaud Florida's leadership in
this area and commend the State for its extensive water quality monitoring efforts.  However, the
State needs to make explicit links between the elements of these existing efforts and the coastal
nonpoint program in order to assess over time the extent to which the management measures are
reducing pollution loads and improving water quality.

     Based on the information provided, it is clear that Florida has a variety of data sources from
which to draw on for evaluating the coastal nonpoint program.  Supplemental information provided
by the State subsequent to the program submittal includes two papers on how biological monitoring
and bioassessment techniques can be used to evaluate cumulative impacts of multiple nonpoint
sources.  NOAA and EPA expect that Florida can draw on these existing monitoring strategies to
further describe how the State can assess the extent to which management measures are reducing
pollution loads and improving water quality.

          XIII.     STRATEGY AND EVALUATION FOR BACK-UP AUTHORITIES

     Within one year, Florida will develop a strategy to implement the management measures for
agriculture and marina and boat operation and maintenance 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 measure; 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 measure using the described approach.

     In order to evaluate the adequacy of this strategy, Florida 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 is necessary in order for
NOAA and EPA to evaluate, at the end of the three 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.