FINDINGS FOR THE
               LOUISIANA COASTAL NONPOINT PROGRAM
                                

FOREWORD

     This document contains the findings for the coastal nonpoint pollution control program
submitted by the State of Louisiana pursuant to Section 6217(a) of the Coastal Zone Act
Reauthorization Amendments of 1990 (CZARA).  The findings are based on a review of the
Louisiana Coastal Nonpoint Pollution Control Program, October 1995 and supplemental material
provided by Louisiana 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 Louisiana on the substantial time and effort put into
developing this program and appreciate the commitment the State has 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.  NOAA and EPA
recognize that further administrative changes that will affect these findings may be made to the
coastal nonpoint program and, once such changes are finalized, 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 Louisiana 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 Louisiana's program.  It also provides the rationale for the findings and
includes conditions that will need to be met for Louisiana 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 Louisiana Coastal Nonpoint Pollution
Control Program, October 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 Louisiana 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 & Watershed Protection Division
Nonpoint Source Control Branch
401 M St., SW (4503-F)
Washington, DC  20460
Contact:  Dov Weitman (202/260-7088)

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 (301/713-3109, x175)

U.S. EPA Region 6
Ecosystems Protection Branch (6WQ-EM)
1445 Ross Avenue
Dallas, Texas  75202
Contact:  Laura Talbot (214/665-6678)

I.   BOUNDARY

FINDING: As described in the program submittal, Louisiana's proposed 6217 management area
excludes existing land and water uses that have or are reasonably expected to have a significant
impact on the coastal waters of the State.

CONDITION:  Within one year, the Louisiana Department of Natural Resources (LDNR),
Louisiana Department of Environmental Quality (LDEQ), EPA, NOAA, and other appropriate
State, local, and federal agencies will participate in a cooperative process to review relevant
information and determine an appropriate 6217 management area for Louisiana.

RATIONALE:  The 6217 management area proposed in the program submittal consists of the
State's existing coastal zone, comprising all or parts of 19 parishes.  In responding to the Draft
Louisiana Coastal Nonpoint Pollution Program Findings, Louisiana proposed an alternative
two-tiered approach which "allows for the integration of these coastal areas into the framework
of an existing effective program that is identifiable to the public, while allowing for the
programmatic expansion necessary to address any documented needs for additional protective
management of natural resources."  Under this proposed approach, there would be two zones
within the State -- Zone A, comprising the Statewide Comprehensive Nonpoint Source Pollution
Management Area and Zone B, comprising Louisiana's Critical Coastal Area.  As proposed by
the State, the distinctions between these two zones are briefly outlined below:

Zone A: Statewide Comprehensive Nonpoint Source Pollution Management Area

          This area would be coordinated by LDEQ with the assistance and cooperation of the
     Departments of Natural Resources, Agriculture and Forestry and others.
          The State would utilize a watershed/basin approach to monitor waters to determine the
     extent of water quality problems directly attributable to nonpoint source pollution - those
     waters would be identified and subject to focused attention.
          The causes of nonpoint pollution would be identified and necessary actions would be
     determined.
          Implementation of management measures would be accomplished through interagency
     coordination through existing state and federal programs.

Zone B: Louisiana's Critical Coastal Area

          Would include Louisiana's existing coastal zone management area.
          Would be designated as the State's "critical coastal area" pursuant to 6217.
          This portion of the program would focus on implementation of "best management
     strategies" where water quality monitoring has indicated that coastal waters are not
     supporting uses and causes of non-support can be identified as nonpoint sources.

NOAA and EPA support Louisiana's proposal in concept -- retaining the existing coastal zone
and managing sources outside of the existing coastal zone with other authorities and programs. 
Further, NOAA and EPA wish to make clear that Louisiana will not need to move the existing
coastal zone management boundary for the purposes of implementing CZARA and may
implement the state's Coastal Nonpoint Program through a combination of programs and
authorities of both the LDEQ and LDNR.  However, there are several specific issues with the
State's proposal that need to be resolved:

          For many of the urban management measures, Louisiana does not have enforceable
     policies and mechanisms (i.e., the Coastal Use Permitting Program) outside of the
     existing coastal zone.
          The proposal to apply management measures only in coastal waters where nonpoint
     source pollution has been identified as the cause of those waters not supporting
     designated uses is inconsistent with the requirements of CZARA.
          Louisiana's proposal for Zone B (Critical Coastal Area) misinterprets the purpose of
     critical coastal areas under CZARA.  Critical coastal areas require implementation of
     additional management measures over and above the 6217(g) management measures,
     several of which the State does not yet have within the existing coastal zone.
          The Memoranda of Understanding proposed to be established under the State's proposal
     have not yet been fully completed.

NOAA and EPA look forward to working with the State to resolve these issues and determine
how the State's proposal can work to protect and restore the coastal waters of Louisiana.

II.  AGRICULTURE

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

CONDITION:  Within three years, Louisiana will include in its program management measures
for agricultural sources in conformity with the 6217(g) guidance.  Within one year, Louisiana
will develop a strategy (in accordance with Section XIV, page 18) to implement the agricultural
management measures throughout the 6217 management area.

RATIONALE:  In the program submittal, Louisiana describes a number of State and federal
programs that rely on education, technical assistance, and voluntary initiatives to address certain
elements of the agricultural management measures, but Louisiana does not describe how these
programs will implement each of the agricultural management measures in the 6217(g) guidance.

Louisiana has convened a broad cross-section of the agricultural community to identify best
management practices (BMPs) that can be used to implement the management measures.  BMP
study manuals have been developed for cotton, dairy, rice, sugarcane, feed grains, poultry
production and soybeans.  These manuals have not yet been finalized and the State has not
described how it will use the practices contained in these manuals, in concert with existing
programs and authorities, to achieve implementation of the agricultural management measures. 
Louisiana needs to complete development of the BMP manuals and describe how they will be
used to address each of the management measures for agriculture.

On pages IVA-41 to IVA-47 of the program submittal, Louisiana provides a matrix for each of
the 6217(g) management measures and lists enforceable policies and mechanisms that the State
proposes can be used to ensure implementation.  However, many of the citations listed do not
provide authority to ensure implementation of the agricultural management measures.  For
example, the statute listed for the erosion and sediment control management measure provides
enabling authority to the Soil and Water Conservation Committee to promulgate rules and
regulations, but no rules and regulations are cited and there does not appear to be any linkage of
this authority to the management measure.

Louisiana has identified certain back-up authorities the State proposes can be used to ensure
implementation of the agricultural management measures.  Although section 2076 (A)(2) of the
Louisiana Water Control Law (LA R.S. 30:2071-2078) exempts "any unintentional nonpoint-
source discharge resulting from or in connection with the production of raw agricultural,
horticultural, or aquacultural products," Louisiana has provided supplemental explanation of how
the State's water quality authority can be applied.  As described in the State's comments on the
Draft Findings, "LDEQ considers that once education of farmers has occurred and technical
assistance and cost share assistance have been offered or provided, if a farmer/producer still does
not implement management measures, then any subsequent discharges would be intentional and
subject to enforcement action or permitting."  In addition, the State has identified a back-up
enforcement authority for the pesticide management measure under the Pesticide Law (LA R.S.
3:3201-3376).

Finally, with regard to Confined Animal Facilities, the State's  Concentrated Animal Facility
Regulations (LAC Title 33, Part IX Section 301(J)) authorize the LDEQ to designate some
animal feeding operations  within the scope of the management measures as concentrated animal
feeding operations if the facility discharges pollutants directly to surface waters through ditches
or if a waterbody flows through the facility.  Therefore, some animal feeding operations may be
exempted from the coastal nonpoint program requirements if they have an NPDES permit. 
However, many facilities that are subject to the management measure for large unit confined
animal facilities management and all facilities subject to the measure for small units will not be
subject to the NPDES permits.

III. FORESTRY

FINDING:  Louisiana has not provided sufficient justification to support a categorical exclusion
of forestry from its coastal nonpoint program.

CONDITION:  Within three years, Louisiana will include in its program management measures
for forestry in conformity with the 6217(g) guidance and enforceable policies and mechanisms to
ensure implementation throughout the 6217 management area.

RATIONALE:  Forested land comprises a significant land cover type in the coastal and near
coastal areas of Louisiana.  Forested land is one of the most desirable land cover types in
protecting water quality, but forest harvesting activities can have negative impacts on water
quality if not properly managed.  Though forest harvesting activity is limited in the coastal areas
of Louisiana and is generally not as significant as other nonpoint sources (e.g., urban runoff and
agriculture), past water quality reports identified rivers within the existing coastal management
area as impaired by silviculture, including segments of the Tangipahoa River and other segments
within the Lake Pontchartrain basin.  More recent water quality reports and voluntary compliance
audits on forest harvesting operations show great improvement.  As described in Louisiana's
comments on the Draft Findings, "the 1996 305(b) Report indicates that the lower reach which
enters Lake Pontchartrain is fully supporting uses and not impaired by forestry."  NOAA and
EPA acknowledge these gains and applaud the State and the forestry industry for improving
management of silviculture, however NOAA and EPA find that they do not serve as a basis for
excluding forestry.  Rather, they provide a strong basis for including a forestry component in the
coastal nonpoint program, recognizing the tools and strong support available to continue
managing forest harvesting activities in such a way as to protect coastal water quality.

Louisiana has a commendable Recommended Forestry Best Management Practices for Louisiana
handbook (1988) which addresses many of the management measures.  These include guidelines
for streamside management zones, permanent access roads and road construction, timber
harvesting, reforestation, and forest chemicals.  Education and outreach programs have been
instrumental in increasing the adoption of these practices by forest landowners and timber
harvesters and the forestry industry has shown leadership in promoting these efforts.

In addition, the Louisiana Office of Forestry regularly conducts standardized forestry BMP
compliance surveys.  The BMP compliance rate has increased from 10% (based on a Soil
Conservation Service Survey) in 1981 to 51% (based on a survey conducted by the Louisiana
Office of Forestry) in 1991.  A more recent (1994) survey shows adoption of forestry BMPs on
nearly 80% of the 400 individual forestry operations surveyed statewide.  These figures are
encouraging and NOAA and EPA expect that, based on the education and technical assistance
efforts of both the Louisiana Department of Agriculture and Forestry and private industry,
compliance rates will continue to improve.

IV.  URBAN

     A.   NEW DEVELOPMENT and SITE DEVELOPMENT

FINDING:  Louisiana's program includes management measures in conformity with the 6217(g)
guidance and enforceable policies and mechanisms to ensure implementation, except the
management measures and authorities do not apply throughout the 6217 management area or to
all applicable activities and Louisiana's program does not include management measures to
reduce the average annual loadings of total suspended solids by 80 percent.  For areas and
activities not covered by the State's existing program, Louisiana has identified backup
enforceable policies and mechanisms but has not yet demonstrated the ability of these authorities
to ensure widespread implementation throughout the 6217 management area.

CONDITION:  Within three years, Louisiana will include in its program management measures
to reduce average annual loadings of total suspended solids by 80 percent.  Within one year,
Louisiana will develop a strategy (in accordance with Section XIV, page 18) to implement the
new development and site development management measures throughout the 6217 management
area. 

RATIONALE:  The Louisiana Department of Natural Resources (DNR)/Coastal Management
Division (CMD) administers the Coastal Use Permit Program, which was established under the
Louisiana State and Local Coastal Resources Management Act of 1978 (LA R.S. 49:214.21-
214.41).  The Coastal Use Permit Program requires permits for land use activities within the
State's designated coastal zone that involve dredging, fill, or other earth-moving or drainage
impacting activities.  The State has issued Coastal Use Guidelines that it uses to review and issue
permits under the Coastal Use Permit Program.  The Guidelines require that runoff from
developed areas shall to the maximum extent practicable be managed to simulate natural water
patterns, quantity, and rate of flow and thus are in conformity with the second component of the
new development management measure regarding the maintenance of post-development peak
runoff rates and average volumes at pre-development levels.  The Guidelines also conform with
the components of the site development management measure by specifying that best preventive
techniques be used to avoid the undesirable deposition of sediments in sensitive habitat or
navigation areas; site clearing be limited, to the maximum extent practicable, to those areas
immediately required for physical development; and, significant reductions or blockage of water
flow or natural circulation patterns within or into estuarine systems or wetland forests be avoided
to the maximum extent practicable.  While the Guidelines require that "runoff from developed
areas shall to the maximum extent practicable be managed to simulate natural water ... quality,"
the guidelines do not include specific provisions to reduce the average annual loadings of total
suspended solids by 80 percent.

The Coastal Use Permit Program ensures implementation of the measures within the State's
existing coastal zone, except it does not apply to construction of single family residences, except
where dredging or filling is involved, and typically exempts activities occurring wholly on lands
5 feet or more above mean sea level or within "fastlands" as defined by the program.  In areas 5
feet or more above mean sea level and in "fastlands" within the coastal zone,  Louisiana has
identified a backup enforceable authority  (LAC Title 43, Part I, Section 723(B)(2)(b)) that
provides that if the Secretary of DNR finds that a proposed activity would have a direct and
significant impact on coastal waters, a Coastal Use Permit is required.  In areas outside the
existing coastal zone, Louisiana has identified its water quality standards (LAC Title 33, Part IX,
Chapter 11) as providing the State with backup enforcement authority when the water quality
standards are violated.  However, the State has not yet demonstrated the ability of either of these
back-up authorities to ensure the implementation of the measures throughout the 6217
management area.  

     B.   WATERSHED PROTECTION and EXISTING DEVELOPMENT

FINDING:  Louisiana's program includes management measures in conformity with the 6217(g)
guidance, except it does not include management measures to identify priority watershed
pollutant reduction opportunities, establish a schedule for implementing appropriate controls, or
preserve, enhance and establish buffers along waterbodies and their tributaries.  In addition, the
management measures only apply to a limited area.  The program includes enforceable policies
and mechanisms to ensure implementation, except that they do not apply throughout the 6217
management area or to all applicable activities.  For areas not covered by the State's existing
program, Louisiana has identified backup enforceable policies and mechanisms to implement the
management measures, but the State has not yet demonstrated the ability of these authorities to
ensure implementation throughout the 6217 management area.

CONDITION:  Within three years, Louisiana will include in its program management measures
in conformity with the 6217(g) guidance to identify priority watershed pollutant reduction
opportunities, establish a schedule for implementing appropriate controls, and preserve, enhance
and establish buffers along waterbodies and their tributaries.  In addition, within one year,
Louisiana will develop a strategy (in accordance with Section XIV, page 18) to implement the
watershed protection and existing development management measures throughout the 6217
management area.

RATIONALE:  Louisiana does not currently have a comprehensive watershed program.  The
Coastal Use Guidelines, which are used by the State to review and issue Coastal Use Permits for
development activities occurring within the State's coastal zone, provide a mechanism to
implement several of the components of the watershed protection and existing development
management measures.  For example, the Guidelines state that significant land loss and erosion,
as well as adverse alteration or destruction of unique or valuable habitats, critical habitat for
endangered species, important wildlife or fishery breeding or nursery areas, designated wildlife
management or sanctuary areas, and forestlands, must be avoided to the maximum extent
practicable.  The Guidelines also require that significant reductions or blockage of water flow or
natural circulation patterns within or into estuarine systems or wetlands forest must be avoided to
the maximum extent practicable.  Moreover, the Guidelines require that surface alterations, to the
maximum extent practicable, be located away from critical wildlife areas and vegetation areas
and prohibit surface alterations to the maximum extent practicable that have high adverse
impacts on natural functions.  

The State's program, however, does not include a means for identifying priority local and/or
regional watershed pollutant reduction opportunities or for developing a schedule for
implementing appropriate controls.  In addition, except for the State's Natural and Scenic Rivers
Act (LA R.S. 56:1841 et seq.), which prohibits channelization; clearing and snagging; channel
realignment; reservoir construction; and commercial clear cutting of timber within one hundred
feet of the low water mark in designated Scenic Rivers,  Louisiana's program does not provide a
means for preserving, enhancing and establishing buffers along waterbodies and their tributaries. 

For areas five feet or more above mean sea level and in fastlands within the coastal zone,
Louisiana has identified a back-up enforceable authority (LAC Title 43, Part I, Section
723(B)(2)(b))) and, for areas outside the existing coastal zone, the State's water quality standards
(LAC Title 33, Part IX, Chapter 11), but has not yet demonstrated the ability of these authorities
to ensure the implementation of the measures throughout the 6217 management area (see the
discussion of these authorities in the new development and site development section above).

In response to the Draft Findings, Louisiana identified several actions that might be taken to
address the condition above.  These actions appear promising, and NOAA and EPA encourage
the State to pursue such activities, particularly the proposed work between LDNR and LDEQ and
the work with parish governments to develop guidelines to help guide growth and development.

     C.   CONSTRUCTION SITE EROSION AND SEDIMENT and CHEMICAL
     CONTROL 

FINDING:  Louisiana's program does not include management measures in conformity with the
6217(g) guidance for construction site erosion and sediment and chemical control.  The program
includes enforceable policies and mechanisms to ensure implementation, except that they do not
apply to all applicable activities and only apply to a limited area.  Louisiana has identified
backup enforceable policies and mechanisms, but the State has not yet demonstrated the ability
of these authorities to ensure implementation of the management measures throughout the 6217
management area.

CONDITION:  Within three years, Louisiana will include in its program management measures
in conformity with the 6217(g) guidance for construction site erosion and sediment and chemical
control.  Within one year, Louisiana will develop a strategy (in accordance with Section XIV,
page 18) to implement the construction site erosion and sediment and chemical control
management measures throughout the 6217 management area.

RATIONALE:  In its program submittal, Louisiana cites the Coastal Use Guidelines and
Coastal Use Permitting Program as providing management measures and enforceable policies
and mechanisms to implement the construction site erosion and sediment control management
measure.  While the Guidelines require that surface alteration sites and facilities are designed,
constructed, and operated using best practical techniques to prevent the release of pollutants or
toxic substances into the environment, they do not specify that sediment be retained on site to the
extent practicable or that an approved erosion and sediment plan be developed and implemented
prior to construction activities.

In terms of the construction site chemical control management measure, the program includes the
Guidelines mentioned above, as well as the Louisiana Pesticide Law, which regulates restricted
use pesticides and requires certification of private and commercial applicators.  These authorities,
however, do not include measures to limit the application, generation, and migration of toxic
substances common to construction sites, such as fertilizers, oil, gasoline, grease, and other
solvents.  The State's Hazardous Waste Control Law regulates the manufacture, transportation,
use and disposal of hazardous waste.  The law or regulations, however, do not include specific
measures in conformity with the (g) measures for construction site chemical control.  Also,
Louisiana's program does not provide measures for ensuring the application of nutrients at
appropriate rates.
 
As discussed in the new development and site development section above, the Coastal Use
Guidelines are implemented through the coastal use permit program within the existing coastal
zone, but do not apply to single family residences and do not ensure implementation throughout
the 6217 management area.  While the State's Hazardous Waste Control Law and regulations
may provide a possible enforceable policy and mechanism to implement the chemical control
management measure, the State has not demonstrated that it can be used to ensure the proper
storage and disposal of such materials.  Louisiana has identified its Water Pollution Control Law
(R.S. 30:2071-2078), in conjunction with the State's water quality standards (LAC Title 33, Part
IX, Chapter 1), as a backup enforceable policy and mechanism, but has not yet demonstrated the
ability of these back up authorities to ensure implementation of the management measures. (see
discussion of these authorities in the new development and site development section above).  In
response to the Draft Findings, Louisiana has proposed some actions that might be taken to
address the condition above, including a possible construction monitoring checklist and a
requirement that local coastal program parishes review their programs for consistency with urban
runoff guidelines.

     D.   NEW and OPERATING ONSITE DISPOSAL SYSTEMS (OSDS)

FINDING:  Louisiana'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, except the program does not include measures for (1) nitrogen-limited
surface waters, (2) adequate separation distances between OSDS systems and groundwater that is
closely hydrologically connected to surface waters, and (3) the inspection of OSDS at a
frequency to ascertain whether OSDS are failing.

CONDITION:  Within three years, Louisiana will include in its program management measures
in conformity with the 6217(g) guidance for (1) protection of nitrogen-limited surface waters, (2)
adequate separation distances between OSDS system components and groundwater that is
closely hydrologically connected to surface waters, and (3) the inspection of OSDS at a
frequency to ascertain whether OSDS are failing.

RATIONALE: The State's Sanitary Code requires that plans and specifications for new
individual sewage treatment systems be reviewed and approved by the Louisiana Department of
Health and Hospitals (LDHH) in accordance with the State's Regulations Controlling the Design
and Construction of Individual Sewage Systems (Appendix A of Chapter XIII of the Code). 
These regulations provide for placement of systems only in suitable areas and require adequate
protective setbacks.  The 24-inch separation distance between systems and groundwater called
for in the regulations, however, is insufficient to meet the New OSDS management measure,
which requires that OSDS be designed or sited at a density so as not to adversely affect surface
waters or groundwater that is closely hydrologically connected to surface waters.  In addition,
neither the Sanitary Code nor the regulations provide for the use of denitrification systems where
nitrogen-limited surface waters may be adversely affected by excess nitrogen loadings from
onsite systems or for adequate inspections of operating systems.

The LDHH/Office of Public Health administers a permitting system under the State's Sanitary
Code for the installation and modification of individual sewage treatment systems.  In the case of
individual mechanical plants, the Code ensures proper installation by requiring a certificate of
proper installation from the licensed installer who performs the installation.  For all other types
of systems, the Code requires a site inspection to certify that systems have been properly
installed.  In addition, according to the State's program submittal, of the nineteen parishes that
are all or partly in the State's existing coastal zone, sixteen require an inspection certificate before
connections to public electric and water utilities will be made.  We encourage the State to work
with remaining local jurisdictions to improve local oversight of OSDS.




     E.   POLLUTION PREVENTION

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

RATIONALE:  In the program submittal, Louisiana describes several existing programs and
activities that implement the components of this management measure.  These include the
Louisiana Cooperative Extension Service's programs, demonstrations and outreach activities
related to the implementation of best management practices for lawns and gardens, and the
Home*A*Syst program, a public education and outreach program to distribute information on
pollution prevention to urban consumers.

     F.   ROADS, HIGHWAYS, AND BRIDGES

FINDING:  For federally and State funded roads, highways and bridges, Louisiana's program
includes management measures in conformity with the 6217(g) guidance, except for the
operation and maintenance and runoff systems management measures.  For local roads, highways
and bridges subject to the coastal use permit program, Louisiana's program includes management
measures in conformity with the 6217(g) guidance, except for the construction site erosion and
sediment and chemical control measures.  Louisiana's program includes enforceable policies and
mechanisms to ensure implementation, except for local roads, highways and bridges outside of
the area subject to the coastal use permit program.  Louisiana has identified backup enforceable
policies and mechanisms, but has not yet demonstrated the ability of these authorities to ensure 
implementation throughout the 6217 management area.  

CONDITION:  Within three years, Louisiana will include in its program management measures
for federally and State funded roads, highways and bridges in conformity with the 6217(g)
guidance for the operation and maintenance and runoff systems measures.  Within three years,
the State will include in its program management measures for local roads, highways and bridges
subject to the coastal use permit program in conformity with the 6217(g) guidance for the
construction site erosion and sediment and chemical control measures.  Within three years, for
local roads, highways and bridges outside of the area subject to the coastal use permit program,
the State will include in its program management measures in conformity with the 6217(g)
guidance for all of the roads, highways and bridges management measures.

Within one year, Louisiana will develop a strategy (in accordance with Section XIV, page 18) to 
implement the management measures for roads, highways and bridges that are located in the
6217 management area but are outside of the area subject to the coastal use permit program.

RATIONALE:  Louisiana's program includes management measures for planning, siting and
development, bridges, and construction site controls for federally and State funded roads,
highways and bridges.  The Louisiana Department of Transportation and Development (LDOTD)
uses American Association of State Highway Transportation Officials' sediment control
guidelines and its own standard contract specifications, which require protection of waters and
drainageways, erosion and sediment controls, preconstruction conferences, and control of
construction fuels and chemicals.  However, Louisiana's program does not include management
measures for either the operation and maintenance or runoff systems for roads, highways and
bridges. 

The LDOTD has developed standard contract plans and specifications, requires surety
construction bonds, and has inspection and stop work authority to assure implementation of the 
planning, siting, and development, bridges, and construction site erosion and sediment and
chemical control management measures for its projects. 

The Coastal Use Guidelines for linear facilities (e.g. roads, highways and bridges) require that
these facilities be "planned, designed, located and built using the best practical techniques to
minimize disruption of natural hydrologic and sediment transport patterns, sheet flow and water
quality...."  However, the Coastal Use Guidelines do not include specific measures to control
erosion, sediment, and chemicals during construction of roads, highways and bridges.  

The Coastal Use Permit program implements the planning, siting and development, and bridges
measures and regulates all construction activities for new road, highway and bridge development,
except that it applies only within a limited area.   For areas outside of this jurisdiction, Louisiana
has identified a back-up enforceable authority, (LAC Title 43, Part I, Section 723(B)(2)(b))), and
the State's water quality standards (LAC Title 33, Part IX, Chapter 11), but has not demonstrated
the ability of these authorities to ensure the  implementation of the roads, highways and bridges
management measures throughout the 6217 management area (see the discussion of these
authorities in the new development and site development section above).

In response to the Draft Findings, Louisiana identified some possible actions that might be taken
to address the condition above, including working on a Memorandum of Agreement (MOA) with
the Army Corps of Engineers for conditions on section 404 permits, preparing BMP data for
local road, highway and bridge projects, and developing an MOA with the LDOTD to include
BMP provisions for all highway and bridge projects in the 6217 management area.

     V.   MARINAS AND RECREATIONAL BOATING

FINDING:  Louisiana's program includes management measures in conformity with the 6217(g)
guidance for siting and design, except that it does not include management measures for storm
water runoff and fueling station design.  Louisiana's program includes management measures in
conformity with 6217(g) measures for marina and boat operation and maintenance, except for
petroleum control, boat cleaning, maintenance of sewage facilities, and boat operation. 
Louisiana's program includes enforceable policies and mechanisms to ensure implementation of
the measures, except for petroleum control, boat cleaning, maintenance of sewage facilities, and
boat operation.  Louisiana has identified backup enforceable policies and mechanisms to
implement the petroleum control, boat cleaning, maintenance of sewage facilities, and boat
operation management measures, but the State has not yet demonstrated the ability of these
authorities to ensure implementation throughout the 6217 management area.

CONDITION:  Within two years, Louisiana will include in its program management measures
in conformity with the 6217(g) measures for storm water runoff, fueling station design,
petroleum control, boat cleaning, maintenance of sewage facilities, and boat operation.  Within
one year, Louisiana will develop a strategy (in accordance with Section XIV, page 18) to 
implement the management measures for petroleum control, boat cleaning, maintenance of
sewage facilities, and boat operation.

RATIONALE:  The Coastal Use Guidelines include measures to:  site and design marinas to
avoid obstruction of water circulation; submit information on water regimes including water
quality, circulation, and flow; avoid generally and specifically adverse impacts to wetlands,
submerged aquatic vegetation and shellfish beds; and use non-structural shoreline stabilization or
ensure that structural controls are used to avoid introduction of pollutants and toxic materials. 
However, the State lacks specific measures for storm water runoff and fueling station design.  As
described in the program submittal, Louisiana's program does not include measures in
conformity with 6217(g) measures or specific enforceable policies and mechanisms for marina
and boat operation and maintenance for petroleum control, boat cleaning, maintenance of sewage
facilities, and boat operation.

The issue of management measures for marinas and recreational boating in Louisiana is largely 
the need to adopt an approved list of BMPs for marinas and boatyards.  In the program submittal
(page IVD-49) the State included Proposed Louisiana 6217 Best Management Practices for
Marinas and Recreational Boating based on the management measures and associated practices
in the 6217(g) guidance.  However, based on the program submittal (page IVD-47), the
Louisiana Marina and Boatyard Association were still reviewing the proposed BMPs for marinas
and they had not yet been adopted.  NOAA and EPA understand that this list of BMPs has since
been endorsed by the Marina and Boatyard Association.  NOAA and EPA look forward to
learning further details of how the previously proposed list of BMPs has been formally adopted
for use in implementing the marina management measures.

As described previously, the Coastal Use Permitting Program provides an enforceable policy and
mechanism to ensure implementation of the marina siting and design management measures. 
The Coastal Use Permitting Program can also be used to implement some of the marina and boat
operation and maintenance management measures by requiring that the BMPs for these measures
are adhered to as conditions of the coastal use permit issuance.  As described in the program
submittal, the BMP list for each management measure will be made a part of coastal use permit
applications as required conditions for permit approval.  Compliance with permit conditions will
be ensured by periodic monitoring by State field investigations staff.  The State has proposed the
Louisiana Water Control Law and State Sanitary Code as back-up authorities that can be used for
the petroleum control, boat cleaning, maintenance of sewage facilities, and boat operation
management measures.

     VI.  HYDROMODIFICATION

FINDING:  Louisiana's program includes management measures in conformity with the 6217(g)
guidance and enforceable policies and mechanisms to ensure implementation, except the
management measures and enforceable policies and mechanisms apply only to a limited area 
and the State's program does not include:  (1) a process to improve surface water quality and
restore instream and riparian habitat through the operation and maintenance of existing modified
channels; and (2) 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.  For areas outside of the area subject to control by the Coastal Use
Permit Program, Louisiana has identified backup enforceable policies and mechanisms, but has
not yet demonstrated the ability of these authorities to ensure  implementation throughout the
6217 management area.  Louisiana has provided sufficient justification to support a categorical
exclusion for dams within the State's existing coastal management area.

CONDITION:  Within three years, Louisiana will include in its program management measures
in conformity with the 6217(g) guidance for the physical and chemical characteristics of surface
waters, instream and riparian habitat, and eroding streambanks and shorelines measures within
the State's existing coastal zone.  Within one year, Louisiana will develop a strategy (in
accordance with Section XIV, page 18) to implement the management measures for
hydromodification, including dams, in areas outside of the area subject to the Coastal Use Permit
Program.

RATIONALE:  Louisiana requires Coastal Use Permits for new channelization activities,
modification of existing channels, new streambank and shoreline stabilization projects, dredge-
and-fill activities in wetlands, and other marsh management activities within its coastal zone. 
The Coastal Use Guidelines require that permits be conditioned to avoid to the maximum extent
practicable the following impacts: destruction or adverse alteration of streams, protective coastal
features, and biologically valuable areas.  Projects involving dredge-and-fill must be designed
and constructed to reduce shoreline erosion.  Nonstructural methods of shore protection are to be
used to the maximum extent practicable.   Best management practices can be incorporated as
permit conditions into all appropriate permits.  

The State's program contains management measures for new channelization and channel
modification projects, but does not contain a process to identify opportunities to improve surface
water quality and restore instream and riparian habitat through operation and maintenance of
existing modified channels.

Louisiana has provided sufficient justification for its proposed exclusion from the management
measures for dams within the existing coastal management area.  There are five structures
meeting the size requirements for dams in the existing coastal zone and none are located on any
natural drainage channel.  There is no active manipulation of water releases from any of the
structures.  There are no associated stream segments that are not fully supporting their designated
uses, and the State's water quality inventory does not list any of the dams as contributing to the
impairment of surface waters.  Neither do they impede or block migration routes of any fish.

The Coastal Use Guidelines require the use of sound engineering practices for shoreline and
streambank structural projects.  Louisiana states that it will use existing authorities under the
Coastal Use Permit Program to establish setbacks to minimize land disturbance to streambanks
and shorelines and direct upslope drainage from development away from banks and slopes to
avoid accelerating bank erosion.  The State's program does not have a process to identify and
develop strategies to solve existing nonpoint problems caused by streambank or shoreline
erosion that do not come up for review under existing permit authorities.

For areas outside the coastal zone, Louisiana has identified back-up enforceable policies and
mechanisms for implementing the management measure, but has not yet demonstrated the ability
of these authorities to ensure implementation throughout the 6217 management area (see
discussion of these authorities in the new development and site development section above). 

     VII. WETLANDS, RIPARIAN AREAS AND VEGETATED TREATMENT SYSTEMS

FINDING:  Subject to the conditions in the boundary section, Louisiana's program includes
management measures for protection of wetlands and riparian areas in conformity with the
6217(g) guidance.  The program includes enforceable policies and mechanisms to ensure
implementation within the existing coastal management area.

RATIONALE:  Louisiana's Coastal Use Guidelines include numerous general and specific
requirements for the protection of wetlands and riparian areas, in conformity with the 6217(g)
guidance.  The Coastal Use Permit Program also requires mitigation for any unavoidable impacts
to coastal wetlands.  As stated previously, the Coastal Use Permitting Program does not apply
outside of the existing coastal management area.

In addition, the Louisiana Natural and Scenic Rivers Systems Act includes measures to protect
wetlands and riparian areas (e.g.  prohibits channelization; channel realignment; clearing and
snagging; impoundments; and commercial clear cutting of timber within 100 feet of the low
water mark).  There are nine Scenic Rivers within the existing coastal management area and
fifty-one streams or stream segments encompassing over 1,500 miles throughout the State of
Louisiana.  Besides the prohibited activities listed above, any other activity that may have a
direct, significant, ecological impact on the stream or its tributaries or distributaries is subject to
regulation by permit by the Louisiana Department of Wildlife and Fisheries.  Based on the
information included in the program submittal, the Natural and Scenic Rivers System may not
cover all wetlands that serve a significant nonpoint source abatement function outside of the
existing coastal management area.

In addition, the State is developing a State Wetlands Conservation and Management Plan
(SWCMP) for non-coastal wetlands.  NOAA and EPA encourage Louisiana to use the SWCMP
as a tool to further assist in protecting wetlands and riparian areas that serve a significant
nonpoint source abatement function.

Management measures promoting conservation and restoration of wetland and riparian areas are
implemented through the State's Coastal Wetlands Conservation and Restoration Act (LA R.S.
49:214.1-214.5), which  provides for the identification, development and implementation of
priority wetlands projects to conserve, enhance and restore coastal wetlands statewide 
(restoration plan) and establishes a permanent funding source (approximately $25 million) to
implement these priority restoration projects throughout the State.  This program complements
the Federal coastal wetlands conservation and restoration program that is being implemented
pursuant to the Coastal Wetlands Planning and Restoration Act of 1990 which has been funded at
approximately $70 million.

Management measures promoting vegetative treatment systems are implemented through
voluntary use of BMP's.  The State's BMP manuals for stormwater and hydromodification
activities both emphasize the use of vegetated treatment systems.  The State also promotes the
use of vegetated treatment systems through public outreach and education programs, and
conditioning of permits that are required for activities in the coastal zone.

          VIII.     ADMINISTRATIVE COORDINATION

FINDING:  Louisiana's program does not include mechanisms to improve coordination among
State agencies and between State and local governments.

CONDITION:  Within two years, Louisiana will include in its program mechanisms, such as the
proposed Memoranda of Agreement (MOAs), to ensure administrative coordination among State
agencies and between State and local governments.   

RATIONALE:  Louisiana has proposed to develop approximately sixteen MOAs that outline
coordination between divisions within State offices, between State departments and between
State and federal agencies with existing responsibilities applicable to the Louisiana coastal
nonpoint program.

     IX.  PUBLIC PARTICIPATION

FINDING:  Louisiana'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 the development and implementation of Louisiana's coastal nonpoint
program.  Members of the public were invited to participate in Louisiana's Coastal Nonpoint
Interagency Committee and subcommittees for each source category.  Louisiana also conducted
an extensive public education and outreach campaign targeted at the public and affected interests. 
Activities included updates in various monthly and bi-monthly publications and presentations by
staff from the Louisiana Department of Natural Resources/Coastal Management Division staff at
public meetings and seminars.  In addition, contracts between LDNR and LDEQ, LDHH,
LDOTD, Louisiana Department of Agriculture and Forestry, Louisiana Cooperative Extension
Service, and Louisiana State University Sea Grant Legal have included development of elements
of public education and outreach.  Louisiana also held a series of four regional public
education/outreach meetings to inform the public and to solicit public input.  Louisiana provided
a 30-day public comment period on the draft-final program submittal and received and responded
to eleven comment letters.

     X.   TECHNICAL ASSISTANCE

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

RATIONALE:  The program submittal outlines technical assistance efforts, including local
government and advisory committee meetings, workshops, seminars and conferences.  While
Louisiana has identified various technical assistance mechanisms for program development,
NOAA and EPA encourage Louisiana particularly to develop mechanisms that will provide
technical assistance to local governments and the public for implementing the coastal nonpoint
program.  Louisiana plans to undertake demonstration projects and develop technical guidance
materials such as model ordinances for stormwater management.

     XI.  ADDITIONAL MANAGEMENT MEASURES

FINDING:  Louisiana's program provides for the implementation and continuing revision of
additional management measures applicable to critical coastal areas and to cases where 6217 (g)
measures are fully implemented but water quality threats or impairments persist.

RATIONALE:  As part of the process to determine critical coastal areas, Louisiana will
consider the effects of implementing the (g) guidance management measures.  If implementation
of the initially identified BMPs appears to be inadequate for attaining water quality goals, then
additional management measures, additional BMPs and/or alternative implementation strategies
will be evaluated by the interagency committee and subcommittee members.

     XII. CRITICAL COASTAL AREAS

FINDING:  Louisiana's program includes a process for the continuing identification of critical
coastal areas adjacent to impaired and threatened coastal waters.

RATIONALE:  Louisiana has proposed to map "threatened or impaired" coastal waters.  Once
these impaired waterbodies are identified, the State will identify those areas within the 6217
management area in which new or expanding land uses may cause or contribute to the
impairment of coastal water quality.  Louisiana identified agriculture and urban development as
the primary land use categories for investigation as data exists for these land uses to document
changes in urban, suburban and agricultural land uses.  Once the land use patterns and trends are
documented, Louisiana intends to map a critical coastal management zone inland of the critical
coastal shoreline.    

XIII.     MONITORING

FINDING:  Louisiana'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, Louisiana will finalize and 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:  Louisiana proposes to develop within the next twelve months a "detailed
monitoring plan designed to document the implementation of Best Management Practices
(BMPs) within the 6217 management area in order to improve water quality."  Louisiana has thus
not yet formulated its strategy to assess over time the success of the management measures in
reducing pollution loads and improving water quality.  The State intends to build upon existing
oversight authorities and monitoring networks through interagency coordination and the
establishment of memoranda of agreement (MOAs).  The State emphasizes its plan to use permit
information, enforcement investigations, follow-up investigations, and quarterly monitoring to
obtain BMP information.

Louisiana should include in its plan information regarding the number and location of monitoring
stations, the types and frequency of water quality data being collected, 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 State should include
some inexpensive tracking of management measure implementation in conjunction with water
quality monitoring, as such information is needed to assess the success of management measures
in achieving water quality objectives.  The current proposal focuses on tracking individual
BMPs, but the State is strongly encouraged to address the need for tracking and reporting the
implementation of management measures which are often combinations of BMPs.

XIV. STRATEGY AND EVALUATION FOR BACK-UP AUTHORITIES

Within one year, Louisiana will develop a strategy to implement the management measures for
agriculture, new development and site development, watershed protection and existing
development, construction site erosion and sediment and chemical control, roads, highways and
bridges, petroleum control, boat cleaning, maintenance of sewage facilities, boat operation, and
hydromodification 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
measure using the described approach.

Louisiana will also develop and apply credible survey tools to demonstrate the ability of the
State's approach to achieve implementation of 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.