FINDINGS FOR THE
    MISSISSIPPI COASTAL NONPOINT PROGRAM


FOREWORD

     This document contains the findings for the coastal
nonpoint pollution control program submitted by the State of
Mississippi pursuant to Section 6217(a) of the Coastal Zone Act
Reauthorization Amendments of 1990 (CZARA).  The findings are
based on a review of the Mississippi Coastal Nonpoint Program,
Final Program Submittal, August 1995 and supplemental material
provided by Mississippi 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 Mississippi 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 Mississippi 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
Mississippi's program.  It also provides the rationale for the
findings and includes conditions that will need to be met for
Mississippi 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 Mississippi
Coastal Nonpoint Program, Final Program Submittal, August 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 Mississippi 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:  Chris Zabawa (202-260-7101)

NOAA/Office of Ocean and Coastal Resource Management
Coastal Programs Division
SSMC-4, N/ORM3
1305 East-West Highway
Silver Spring, MD  20910
Contact:  Jewel Griffin (301-713-3109 Ext. 163)

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

     I.   BOUNDARY

FINDING:  Mississippi's proposed 6217 management area is
sufficient to control the land and water uses that have or are
reasonably expected to have a significant impact on the State's
coastal waters. 

RATIONALE:  Mississippi proposes to modify the NOAA
recommended 6217 management area by excluding the small
portions which lie in Perry, Green and Wayne Counties.  This
modification results in the exclusion of 3% (or 125 square miles)
of the NOAA recommended 6217 management area.  According to
the State's 1992 Section 305 (b) Water Quality Assessment Report
and 1989 Section 319 Nonpoint Source Assessment Report,
indicators of nonpoint source pollution have not been cited within
the portions of the three counties proposed for exclusion.  In
addition, a majority of land use in the portions of the three counties
proposed for exclusion is composed of public land and open land
(which may include vacant or federally-owned forestry lands). 
Finally, the three counties within the proposed management area
all have small populations, minimal residential, commercial and
industrial development and land use activities, and limited access
by public roadways.  Therefore, NOAA and EPA agree that the
State's proposed management area is sufficient to control the land
and water uses that have or are reasonably expected to have a
significant impact on the State's coastal waters. 

     II.  AGRICULTURE

FINDING:  Mississippi's program includes management measures
in conformity with the 6217(g) guidance.  The State has identified
a backup enforceable policy and mechanism for the agricultural
management measures, but has not yet demonstrated the ability of
this authority to ensure implementation throughout the 6217
management area.  Mississippi has provided sufficient justification
for an exclusion of the irrigation water management measure, but
has not provided sufficient justification for an exclusion of the
grazing management measure.

CONDITION:  Within one year, Mississippi will develop a
strategy (in accordance with Section XIV, page 15) to implement
the agricultural management measures throughout the 6217
management area.

RATIONALE:  Mississippi proposes to implement the
agricultural management measures through voluntary programs
administered by the U.S. Department of Agriculture (USDA), local
soil and water conservation districts, and State agencies such as the
Department of Agriculture and Commerce.  These programs
include conservation plans developed by the USDA Natural
Resources Conservation Service (NRCS) and conservation
districts, nutrient management planning, Farm-A-Syst, and
technical assistance from USDA.  As described in supplemental
information provided by the State subsequent to the program
submittal, Mississippi will use practices from the NRCS Field
Office Technical Guide to implement the agricultural management
measures.  The practices or combination of practices identified by
the State in its supplemental material are in conformity with the
6217(g) management measures.  On pages 159-160 of the program
submittal, Mississippi identifies a number of options that the State
is considering to further develop the agricultural component of the
coastal nonpoint program.  NOAA and EPA encourage Mississippi
to pursue these options in order to ensure that State programs are
implemented in conformity with the 6217(g) management
measures.

     Mississippi cites the Mississippi Air and Water Pollution
Control Law (Miss. Code, 49-17-1 to 49-17-43) as a backup
enforceable policy and mechanism to ensure implementation of the
agricultural management measures.  This law states, in part, that "It
shall be unlawful for any person (I) to cause pollution of any
waters of the state or to place or cause to be placed any wastes in a
location where they are likely to cause pollution of any waters of
the state...." (49-17-29(2)(a)).  The Department of Environmental
Quality (DEQ) is authorized to impose penalties on anyone
violating the law.  Additional authority is provided under the
Wastewater Permit regulations (for confined animal operations)
and the Mississippi Pesticides Law (Miss. Code, 69-23-1 to 69-
23-27).  The State, however, has not demonstrated how it will
ensure implementation of the agricultural management measures
using these programs and authorities.

     The Wastewater Permit regulations require a State permit
for "all animal feedlots, Grade A dairies, poultry operations with
9,000 or more birds, swine operations with 10 or more sows or 50
or more swine, which have been constructed, enlarged, or
significantly altered after August 15, 1979 or any other animal
confinement causing pollution of the waters of the State." 
Facilities are required to submit an NRCS treatment design
worksheet and have a site inspection prior to receiving a permit. 
DEQ also requires a waste management plan.  However, the
requirements in the regulations for containing all process
wastewater and runoff from a 25-year, 24-hour rainfall event apply
only to National Pollutant Discharge Elimination System (NPDES)
permits, and not State permits.

     Irrigation in Mississippi's 6217 management area occurs on
a small amount of land (approximately 750 acres).  Mississippi
estimates that 36% of the systems are sub-surface, low-volume
trickle or sprinkler systems which do not produce significant
amounts of runoff.  Irrigation, therefore, does not and is not
reasonably expected to present significant adverse effects to living
coastal resources or human health.

     Mississippi requested an exclusion from the grazing
management measure but supported this proposal by reporting only
on the number of cattle per county.  Total pastureland accounts for
approximately 45% of all agricultural land in the 6217
management area.  The State has not presented sufficient
justification to indicate that nonpoint pollution from grazing does
not and is not reasonably expected to have significant adverse
effects on the coastal waters of Mississippi.

     III. FORESTRY

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

CONDITION:  Within three years, Mississippi 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:  In its current year section 305(b) report (Draft
1996) and section 319 nonpoint source assessment, Mississippi has
identified waterbodies within Mississippi's 6217 management area
that are impaired by forestry.  These include 49 river miles (Murder
Creek and Biloxi River) of the 427 river miles assessed and 2,464
river miles within the coastal management area.  Water quality
impacts from forestry activities include siltation, nutrients, pH, and
pathogens.

     Mississippi has a commendable Best Management
Practices Handbook (1989) which addresses many of the
management measures.  These include guidelines and
specifications for streamside management areas, road construction,
timber harvesting, site preparation, and revegetation. 
Approximately 55%, or 879,358 acres of the total 1.6 million acres
of forest land, are owned by landowners who use Mississippi's
forestry best management practices (BMPs).  These landowners
include the federal government, the State of Mississippi, county
and municipal forestry lands managed by the State Forestry
Commission, forestry industry owned lands, large family holdings
and lands owned by pension funds while managed by licensed
foresters, and non-industrial private landowners using government
cost-share programs.  While these figures are encouraging, broader
use of Mississippi's forest BMPs is clearly needed.

     The forestry community in Mississippi has also participated
in BMP education and logger training programs.  In 1995 the
Mississippi legislature funded the core elements of a logger
education program at $108,000 annually to the Cooperative
Extension Service beginning July 1, 1995.  The forestry industry
will fund an additional $150,000 annually to cover the on-site
expenses necessary to conduct over 200 workshops necessary to
reach the 1,000 logging contractors, their employees and industry
foresters.  These five day-long workshops will cover such topics as
sustainable forestry principles, forestry best management practices,
regeneration and forestry conservation.

     EPA and NOAA commend Mississippi for the use of best
management practices and the new Logger Education Program
funded by the legislature in 1995.  However, Mississippi has not
demonstrated that forestry sources do not present and are not
reasonably expected to present significant adverse effects to
Mississippi's coastal waters.  Where there are existing programs
that meet the management measures, we encourage Mississippi to
include them in the coastal nonpoint program.

     IV.  URBAN

     A.   NEW DEVELOPMENT, WATERSHED
     PROTECTION, EXISTING DEVELOPMENT, and
     SITE DEVELOPMENT

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

CONDITION:  Within three years, Mississippi will include in its
program management measures for new development, watershed
protection, existing development, and site development in
conformity with the 6217(g) guidance.  Within one year,
Mississippi will develop a strategy  (in accordance with Section
XIV, page 15) to implement these management measures
throughout the 6217 management area.

RATIONALE:  The State generally does not have programs in
place that implement these management measures.  On pages 29-
31 of the program submittal, the State presents several proposals
for new activities that could potentially implement these
management measures.  One of the proposed activities is
development of a State Comprehensive Urban Nonpoint Source
Pollution Control Program.  This program would seek assistance
from local governments for the implementation of these
management measures by linking education efforts, incentive-
based programs, monitoring programs, and adoption of local
ordinances.  For the watershed protection management measure,
the State presents several additional proposals, including amending
its planning law to require local governments to address watershed
planning.  The State also suggests developing model ordinances,
including a storm water ordinance, to help meet the existing
development management measure.  NOAA and EPA encourage
the State to pursue these approaches to help achieve these
management measures.

     The State identifies several authorities as enforceable
policies and mechanisms to ensure implementation of these
management measures, particularly the Mississippi Air and Water
Pollution Control Law (see the agriculture section, above, for a
discussion of this authority).  The State, however, has not yet
demonstrated that these authorities will ensure implementation of
the management measures throughout the 6217 management area.

     B.   CONSTRUCTION SITE EROSION AND SEDIMENT
     and CHEMICAL CONTROL

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

CONDITION:  Within three years, Mississippi will include in its
program management measures for construction site erosion and
sediment and chemical control in conformity with the 6217(g)
guidance.  Within one year, Mississippi will develop a strategy  (in
accordance with Section XIV, page 15) to implement these
management measures throughout the 6217 management area.

RATIONALE:  In its program submittal, Mississippi states that it
does not have any specific programs geared toward the prevention
of nonpoint pollution from construction site activities.  For
construction site erosion and sediment control, the DEQ, in
cooperation with the Mississippi Soil and Water Conservation
Commission (MSWCC), and the NRCS, has developed the
Planning and Design Manual for the Control of Erosion, Sediment
and Stormwater (1994), which recommends the development of an
erosion and sediment control plan and describes a number of
practices that could be used to reduce erosion on construction sites. 
To achieve the construction erosion and sediment control
management measure, the State proposes adopting a
Comprehensive Urban Nonpoint Source Pollution Control Program
and requiring development of erosion and sediment control plans. 
In addition, the State proposes developing a model sediment and
erosion control ordinance.  These proposals, particularly a State-
level requirement for an erosion and sediment control plan, would
provide a good basis for achieving the construction site erosion and
sediment control management measure.

     In its program submittal, the State also proposes to develop
a manual on best management practices for the use and control of
petroleum products, pesticides, nutrients and solid wastes on
construction sites.  NOAA and EPA see the development of such a
manual as a promising approach toward achieving the construction
site chemical control management measure.

     The State identifies the Mississippi Air and Water Pollution
Control Law as providing back-up enforcement authority to ensure
implementation of these management measures (see the agriculture
section, above, for a discussion of this authority).  The State,
however, has not yet demonstrated the ability of this authority to
ensure implementation of the construction site erosion control and
chemical control management measures.

     C.   NEW AND OPERATING ONSITE DISPOSAL
     SYSTEMS

FINDING:  Mississippi's program includes management measures
in conformity with the 6217(g) guidance, except the program does
not include provisions for 1) denitrification where nitrogen-limited
surface waters may be adversely affected by excess nitrogen
loadings from OSDS; 2)  inspection of onsite systems other than
performance based systems; and 3) adequate separation distances
between OSDS system components and groundwater that is closely
hydrologically connected to surface waters.  Mississippi's program
includes enforceable policies and mechanisms to ensure
implementation throughout the 6217 management area.

CONDITION: Within three years, Mississippi will include in its
program provisions for:  
1) denitrification where nitrogen-limited surface waters may be
adversely affected by excess nitrogen loadings from OSDS; 2) 
inspection of onsite systems other than performance based systems;
and 3) adequate separation distances between OSDS system
components and groundwater that is closely hydrologically
connected to surface waters.

RATIONALE:  In July, 1996, the State's newly passed
"Mississippi Individual On-Site Wastewater Disposal System
Law" (Miss. Code, 41-67-1 to 41-67-31) took effect.  This law 
includes provisions requiring the State Board of Health to adopt
rules governing the design, construction or installation, and
operation and maintenance (including performance standards) of
onsite disposal systems for single family residential generators. 
The law also provides the State Department of Health with the
authority to make inspections of systems; provides the State
Department and Board of Health with authority to require property
owners to repair malfunctioning systems; and allows local
governments to adopt similar or more restrictive ordinances
governing systems.  In addition, the law provides for the
imposition of penalties when onsite systems do not operate in
accordance with the law or any regulations the State issues under
the law.

     Subsequent to the program submittal, Mississippi provided
NOAA and EPA with a copy of the revised Sanitation Regulations
and Policies, Regulation 2.0 Individual Onsite Wastewater
Disposal, promulgated under the new law.  The revised regulations
address factors such as slope, depth to groundwater, soil type,
proximity to groundwater, sensitive waters, and dwellings, and site
suitability.  However, as currently written, the regulations do not
provide for adequate separation distances between OSDS system
components and groundwater that is closely hydrologically
connected to surface waters.  Though separation distance is based
on soil type, the minimum of 12 inches for soils that contain a
restrictive horizon is not adequate to protect groundwater that is
closely hydrologically connected to surface water.  The Mississippi
State Department of Health (MSDH) does specify several
categories of systems, including design based systems,
performance based systems and experimental systems.  Final
system selection is determined by the homeowner, but a
professional engineer must then be engaged to oversee the design,
construction and installation of the OSDS.  The engineer must also
notify the County Health Department regarding any system(s) that
he/she is contracted to design, construct or install.   Persons
actually installing the systems must be certified under a State
administered program.  In addition to revising current guidelines
for separation distance, Mississippi may wish to consider requiring
the use of performance based systems in instances where increased
separation distances cannot be met.

     Though Mississippi requires that performance based
systems be monitored and authorized on an annual basis, there are
no similar requirements for design based systems to ensure that
they are inspected at a frequency adequate to ascertain system
failure.  The State also does not specifically address the use of
de-nitrification where conditions indicate that nitrogen-limited
surface waters may be adversely affected by excess nitrogen
loadings from groundwater.  NOAA and EPA encourage
Mississippi to make further progress in addressing these issues but
also applaud the State for its recent improvements in the
management of OSDS.

     D.   POLLUTION PREVENTION

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

RATIONALE:  Mississippi describes a number of existing
programs and activities that address components of this
management measure, including the State's Adopt-A-Stream
program, a storm drain stenciling program, "amnesty days" for
household hazardous wastes, coastal beach clean-ups, and a marine
debris program.  The State has proposed several additional
projects, including the development of educational materials on the
proper use of lawn chemicals and expansion of the storm drain
stenciling program to other counties.  We encourage the State to
continue to build upon these pollution prevention efforts.

     E.   ROADS, HIGHWAYS, AND BRIDGES

FINDING: Mississippi's program does not include management
measures in conformity with the 6217(g) guidance for roads,
highways, and bridges.  Mississippi has identified a backup
enforceable policy and mechanism for the roads, highways, and
bridges management measures, but has not yet demonstrated the
ability of this authority to ensure implementation throughout the
6217 management area.

CONDITION: Within three years, Mississippi will include in its
program management measures in conformity with the 6217(g)
guidance for roads, highways, and bridges.  Within one year,
Mississippi will develop a strategy (in accordance with Section
XIV, page 15) to implement the roads, highways, and bridges
management measures throughout the 6217 management area.

RATIONALE:  The Mississippi Department of Environment
Quality issues General NPDES storm water permits for Mississippi
Department of Transportation (MDOT) construction activities on
sites disturbing five acres or more.  MDOT's program includes
protective practices such as setbacks from wetlands, avoidance of
wetlands, environmental quality reviews of proposed projects,
inspection surveys, vegetation repair, herbicide minimization, and
debris removal, but does not address the runoff systems
management measure.  For road, highway and bridge construction
projects that disturb five acres or more of land and are permitted
under NPDES, section 6217 does not apply.

     For roads, highways and bridges outside the jurisdiction of
MDOT (sites involving disturbance of less than five acres, State
Aid Roadways and county and city roadways) the State's program
does not include management measures in conformity with the
6217(g) guidance.  The State's Planning and Design Manual for
the Control of Erosion, Sediment and Storm Water (developed by
the State Department of Environmental Quality, in cooperation
with MSWCC and NRCS), however, will assist in implementing
the planning, siting, and development and construction site
management measures.  In its program submittal, the State
proposes several possible approaches toward fully meeting the
roads, highways and bridges management measures, including the
development of standards for secondary roadways that can be used
as models for local ordinances; development of educational
materials and workshops; and revision of the Mississippi Coastal
Program guidelines to be in conformity with these management
measures. 

     In its program submittal, the State identified the Air and
Water Pollution Control Law as a backup enforceable policy and
mechanism, but the State has not demonstrated that the authority
will ensure implementation of the roads, highways and bridges
management measures (see the agriculture section, above, for a
discussion of this authority).  Mississippi has also proposed to use
the Clean Water Act Section 401 State certification process as
additional enforcement authority; however, there are limitations in
the way that section 401 certification can be used for the purposes
of implementing the roads, highways and bridges measures.  First,
by its terms, 401 applies only to Federally licensed or permitted
activities.  Second, 401 applies only to "discharges" and relies on
water quality standards - Mississippi may not have developed
water quality standards for the full range of nonpoint source
pollutants associated with roads, highway and bridges.  Finally,
401 primarily relies on action by the Federal permitting authority to
ensure compliance.  Whether the 401 certification process can be
used to enforce a particular State policy, and thus ensure
implementation of a particular management measure, depends on
the way that State water quality standards and other applicable
requirements of State law are interpreted, as well as the State's
ability to monitor and enforce against Federal permittees who
violate the permit conditions.

     V.   MARINAS AND RECREATIONAL BOATING

     A.   SITING AND DESIGN

FINDING:  Mississippi's program includes management measures
in conformity with the 6217(g) guidance.  Mississippi's program
includes enforceable policies and mechanisms to ensure
implementation in a substantial portion of the 6217 management
area, and the State has identified a backup enforceable policy and
mechanism to ensure implementation in remaining portions of the
6217 management area.

CONDITION:  Within one year, Mississippi will develop a
strategy (in accordance with Section XIV, page 15) to implement
the marina siting and design management measures throughout the 
6217 management area.

RATIONALE:  The Department of Marine Resources (DMR) is
the State agency responsible for administering the Coastal
Wetlands Protection Act (Miss. Code 49-27-1 to 49-27-69). 
Applications for new and expanding marinas are made to the DMR
and are subject to Coastal Wetlands Permit program requirements. 
The Coastal Wetlands Permit program requires detailed
information in conformity with all of the 6217(g) management
measures for projects under its jurisdiction, except storm water
runoff and fueling station design.  Subsequent to the program
submittal, Mississippi provided additional information on criteria
that are used to evaluate marinas siting and design.  The
Freshwater and Coastal Marina Guidelines include management
measures for storm water runoff and fueling station design.

     As described in the program submittal, there are some
limitations in the jurisdiction of the Coastal Wetlands Permit
program and Mississippi Coastal Program that may limit the ability
of the State to address upland activities associated with marinas
that impact coastal waters.  Further, the Coastal Wetlands
Protection Act defines coastal wetlands as publicly owned lands
only and exemptions in the permit requirements may preclude the
State from fully implementing the management measures for
marina siting and design.  Subsequent to the program submittal,
Mississippi provided supplemental information that further
describes how the State uses its water quality standards as a back-
up authority, including the use of 401 certification of  Federally
issued permits.  As described above under the roads, highways and
bridges management measures, there are limitations in the way that
this authority can be used and Mississippi has not yet demonstrated
that its back-up water quality authority can ensure implementation. 
Mississippi has proposed to strengthen the linkage between the
regulatory activities of the DEQ's 401 certification process and the
DMR's Coastal Permit program by establishing a Memorandum of
Understanding (MOU) between the two agencies.  This MOU
could be an integral part of the strategy described in the condition
above.

     As described on page 213 of the program submittal, DMR
is proposing to develop new and expanded performance standards
and guidelines for regulating marinas to ensure that the State's
management measures for marina siting and design are fully
consistent with all 6217(g) management measures, including the
measures for storm water runoff and fueling station design. 
NOAA and EPA support this proposal and encourage the State to
incorporate the new marina regulations into the Mississippi Coastal
Program to further strengthen the State's ability to ensure the
proper siting and design of marina facilities.    

     B.   OPERATION AND MAINTENANCE

FINDING:  Mississippi's program does not include management
measures in conformity with the 6217(g) guidance for the
operation and maintenance of marinas and boats.  The State has
identified a backup enforceable policy and mechanism, but has not
yet demonstrated the ability of this authority to ensure
implementation throughout the 6217 management area.

CONDITION:  Within three years, Mississippi will include in its
program management measures for operation and maintenance in
conformity with the 6217(g) guidance.  Within one year,
Mississippi will develop a strategy (in accordance with section
XIV, page 15) to implement the operation and maintenance
management measures throughout the 6217 management area.

RATIONALE:  As described on page 220 of the program
submittal, Mississippi's program does not include management
measures or specific enforceable policies and mechanisms for the
marina operation and maintenance management measures.  The
State has identified its Air and Water Pollution Control Law, which
prohibits any person to cause pollution of any waters of the State or
to place or cause to be placed any wastes in a location where they
are likely to cause pollution, as providing backup authority for the
operation and maintenance management measures.  The State,
however, has not yet demonstrated the ability of this authority to
ensure implementation of the operation and maintenance
management measures.

     The State's program includes a proposed strategy to address
the marina operation and maintenance management measures
through a voluntary "managed marina" approach to include an
education and enforcement program, a harbormaster training
program, and implementation guidance.  This approach, in
conjunction with proposed MOU's between DMR and the
Department of Environmental Quality to help ensure program
implementation, can provide effective tools to help promote
implementation of the operation and maintenance management
measures.

     VI.   HYDROMODIFICATION

FINDING:  Mississippi'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) a process to improve surface water quality and restore
instream and riparian habitat through the operation and
maintenance of existing modified channels; (2) management
measures for erosion and sediment control at dams; (3)
management measures for chemical and pollutant control at dams;
(4) 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; and (5) a process to protect shorelines against erosion
due to uses of the adjacent shorelands.  Mississippi has identified
backup enforceable policies and mechanisms for the management
measures for erosion and sediment control at dams and for the
management measures for chemical and pollutant control at dams,
but has not yet demonstrated the ability of these authorities to
ensure implementation throughout the 6217 management area.

CONDITION:  Within three years, Mississippi will include in its
program management measures that are in conformity with the
6217 (g) management measures for improving surface water
quality and restoring instream and riparian habitat through the
operation and maintenance of existing modified channels, erosion
and sediment control at dams, chemical and pollutant control at
dams, solving existing nonpoint source problems caused by
streambank or shoreline erosion that do not come up for review
under existing permit authorities, and protecting shorelines from
erosion.  Within three years, Mississippi will include in its program
enforceable policies and mechanisms for channelization, channel
modification and shorelines and streambanks to ensure
implementation throughout the 6217 management area.  Within
one year, Mississippi will develop a strategy (in accordance with
Section XIV, page 15) to implement the management measures for
erosion and sediment control and chemical and pollutant control at
dams throughout the 6217 management area.

RATIONALE:  Mississippi requires permits for both new
channelization activities and modification of existing channels. 
Permit applications for projects are reviewed for impacts on water
quality, habitat, and the functions of wetlands as nonpoint source
pollution filters.  The State has authority in the permits to require
best management practices which preserve and/or improve water
quality of channelization and channel modification activities.  The
State's program 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.

     Mississippi's program does not contain management
measures for erosion and sediment control, or for chemical and
pollutant control at dams.  While identifying backup enforceable
policies and mechanisms for the management measures for erosion
and sediment control at dams, and for chemical and pollutant
control at dams, Mississippi has not yet demonstrated the ability of
these authorities to ensure implementation of these management
measures throughout the 6217 management area.

     Mississippi implements management measures for
protection of surface water quality and habitat from the effects of
dam operation by adding conditions to permits for dam
construction, modification, and repair that are necessary to ensure
that criteria and standards for downstream riparian and other
beneficial water uses are met and maintained during dam
operation.

     To implement management measures for eroding shorelines
and streambanks, Mississippi requires permits for projects
involving shoreline or streambank stabilization.  The State has
guidance on the development of shoreline stabilization projects
which gives preference to vegetative solutions for shoreline and
streambank erosion.  Management measures to protect streambank
and shoreline features with the potential to reduce nonpoint source
pollution are also implemented through the State's forestry
program, which promotes streamside management zones of
vegetated buffers, and through local floodplain ordinances, which
can implement setbacks from rivers and streams.  However, 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.

     VII. WETLANDS, RIPARIAN AREAS AND VEGETATED
     TREATMENT SYSTEMS

FINDING:  Mississippi's program includes management measures
in conformity with the 6217(g) guidance, except that the program
only addresses a limited number of activities and effects in
conjunction with proposals for new work within wetlands and
riparian areas.  The program includes enforceable policies and
mechanisms to ensure implementation, except there are
exemptions and limitations in the geographic coverage of its
existing permit authorities.  Mississippi has identified a back-up
enforceable policy and mechanism to ensure implementation for
areas outside the jurisdiction of its current permit authorities, but
has not yet demonstrated the ability of this authority to ensure
implementation throughout the 6217 management area.

CONDITION:  Within three years, Mississippi will include in its
program management measures in conformity with the 6217(g)
guidance to address activities affecting wetlands and riparian areas
that are not currently reviewed under existing permit authorities. 
Within one year, Mississippi will develop a strategy (in accordance
with Section XIV, page 15) to implement these management
measures throughout the 6217 management area.

RATIONALE:  Mississippi requires a permit for dredging or
filling activities in publicly owned tidal wetlands.  Proposals for
new work in publicly owned tidal wetlands are reviewed for their
impacts on water quality, habitat, and the functions of wetlands as
nonpoint source pollution filters.  The Mississippi Coastal
Wetlands Protection Act allows for limited control over the
impacts on tidal wetlands from proposed development in upland
areas.  Subsequent to the program submittal, Mississippi provided
supplemental information describing how, while certain activities
may be excluded from the requirement to secure a permit under
Section 2, Part II.A of the Mississippi Coastal Program, the DMR
still requires a coastal program consistency certification (under
Section 2, Part II.D) to ensure that state and Federal projects within
the coastal zone are consistent with the Mississippi Coastal
Program.  According to the supplemental information, the DMR
can initiate enforcement proceedings against excluded activities
that violate the policies of the Mississippi Coastal Wetlands
Program, however, Mississippi has not demonstrated that this
authority can be used to implement the management measure for
protection of wetlands and riparian areas.  In addition, Mississippi
has not demonstrated that existing authorities can be used to ensure
implementation in non-coastal wetlands and riparian areas that may
serve a significant nonpoint source abatement function. 

     Management measures promoting restoration of wetland
and riparian areas are implemented through the State's wetlands
program, which requires restoration or mitigation of wetlands loss
or degradation.  Management measures promoting vegetative
treatment systems are implemented through the State's agricultural
cost-share program, and the Mississippi Forestry Commission,
which promote filter strips and streamside management zones. 
The State's BMP manuals for silviculture, erosion and sediment
control, and stormwater management also promote the application
of vegetative BMPs.  The planting of native wetland species is
encouraged to stabilize retention ponds and to assimilate
pollutants.

          VIII.     ADMINISTRATIVE COORDINATION

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

RATIONALE:  Several efforts have been initiated, or are planned,
to strengthen coordination among State agencies and between State
and local officials.  These include several category-specific work
groups and a state-wide task force (e.g., Mississippi Gulf Coast
Environmental and Economic Interagency Council).  In addition,
Mississippi established a Coastal Water Quality Advisory Group to
assist in policy development and implementation strategies.  A
Memorandum of Understanding will be developed between the
lead coordinating agencies (Mississippi's Department of Marine
Resources and Department of Environmental Quality).  NOAA and
EPA encourage the State to clarify the roles of State agencies
(identified on pages 16-17 in the program submittal) in the
implementation of the coastal nonpoint program.

     IX.  PUBLIC PARTICIPATION

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

RATIONALE:  Mississippi's coastal nonpoint program describes
many activities that provide opportunities for public participation
in the development and implementation of its coastal nonpoint
program.  The State established a series of  working groups,
including subcommittees on forestry, agriculture, urban and
marinas in order to receive public input into program development. 
Each subcommittee included members from the general public and
various State or local coordinating agencies.  The State provided a
30-day public comment period on the final program submittal. 
Comments received by the State during its public hearing and
subsequent public review were included in Volume III of the
program submittal.

X.   TECHNICAL ASSISTANCE

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

RATIONALE:  Mississippi identified a variety of technical
assistance initiatives available to local governments and the public. 
The assistance, offered by various ad hoc committees and State
agencies for each of the proposed source categories, is described on
pages 282-284 in the program submittal.

     XI.  ADDITIONAL MANAGEMENT MEASURES

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

RATIONALE:  Mississippi's description of its process for the
implementation of additional management measures includes an
evaluation of priority watersheds identified in its 305 (b)
Assessment Report to determine a correlation between 6217(g)
measures and improved water quality.  The State will evaluate all
of its basins to determine the results of 6217(g) measure
implementation through water quality monitoring.  Based on these
evaluations, appropriate additional management measures, if
required, will be developed and implemented on a site-specific
basis.  This process generally follows the second approach
described in the coastal nonpoint program guidance whereby the
State relies on site-specific evaluations to determine whether
additional management measures are required. 

XII.      CRITICAL COASTAL AREAS

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

RATIONALE:  Mississippi identified a process for identifying
critical coastal areas in a document entitled "Mississippi Critical
Coastal Analysis" provided subsequent to the program submittal. 
Mississippi will utilize its 1992 Water Quality Assessment Report
and 1989 Nonpoint Source Assessment Report to evaluate and
identify critical coastal areas.  The Assessment Reports utilized a
watershed approach to identify priority watersheds located within
or immediately adjacent to coastal municipalities.  The major
source of nonpoint source pollution within the program's
management area is urban sources, with pathogens and nutrients
from failed septic systems and overburdened municipal wastewater
treatment facilities cited as the major contributors.  Where
implementation of (g) measures in these areas fails to achieve
water quality goals, Mississippi will implement additional
management measures.

          XIII.     MONITORING

FINDING:  Mississippi'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, Mississippi 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:  As described on page 307 of the program
submittal, Mississippi plans to develop and refine its monitoring
efforts during its conditional approval period.  The State's proposed
strategy for developing the monitoring program is consistent with
the monitoring needs for section 6217.

     Mississippi 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.

XIV. STRATEGY AND EVALUATION OF BACKUP
AUTHORITIES

     Within one year, Mississippi will develop a strategy to
implement the management measures for agriculture, new
development, watershed protection, existing development, site
development, construction site erosion and sediment control,
construction site chemical control, roads, highways and bridges,
marinas and recreational boating, hydromodification, and wetlands
and riparian areas 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.

     Mississippi 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.