The Oregon Department of Agriculture: Water Quality Program

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The Oregon Department of AgricultureWater
Quality Program
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Sheila AultWater Quality Specialist

• Clackamas, Clatsop, Columbia, Marion, Multnomah,
  Tillamook, and Washington Counties

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Background

• Clean Water Act
• Each State develops its own program to address
  Water Quality issues
• Oregon -- a division of responsibility
• ODF -- private land forestry
• DEQ -- Point source pollution
• ODA -- Non-point source pollution

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Ag Water Quality Program Staffing

• Six Regional Water Quality Specialists
• Hydrologist and Monitoring Specialists
• GIS Specialist
• Riparian and Outreach Specialists
• Compliance Leader
• Program Leader

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39 Ag WQ Area Plans

• Prevent and control water pollution from ag
  activities and soil erosion
• Achieve WQ standards

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Area Plans and Rules

• Plans are guidebooks to follow by
• Rules are enforceable
• Tualatin River Mgmt Area
• Sheet and rill erosion
• Active channel erosion
• Near-Stream mgmt area
• Stream temperature
• Irrigation water discharges
• Waste discharges (ORS 468B)

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ORS 468B.025

• Prohibit
• Pollution
• Placing of wastes where likely to cause pollution
• Discharging wastes if discharge causes water
  quality standards violation

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ODA Policy

• Public/private cooperation
• Focus on pollution prevention
• Encourage voluntary conservation
• Flexibility for landowners
• Enforcement when voluntary efforts fail

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Enforcement steps

• Receive complaint
• Site visit
• Determine if there is a problem
• Determine if there is a violation to a rule
• Send letter to landowner
• Follow-up if necessary

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Enforcement letters

• Letter of Compliance
• Water Quality Advisory
• Letter of Warning
• Notice of Noncompliance
• Civil Penalty

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Fanno Creek Case
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Fanno Creek case

• ODA first involved in 2005 after a complaint was
  issued re
• Channel erosion
• Livestock barnyard in streamside area
• Lack of riparian veg
• Site investigation (a week after complaint)
• Walked property/documented observations
• Riparian protocol

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Fanno Creek case cont. 05

• Site visit documented rule violation of grazing
  mgmt not allowing riparian veg to establish
• LOW sent w/ recommendations including a riparian
  planting plan and follow-up date

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Fanno Creek case cont. 06

• Follow-up visit 6 mos later
• No progress made
• Resulted in a second LOW w/ recommendations to
  fence and plant
• ODA gave him 3 mos to complete this

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Fanno Creek case cont. 06

• 2nd LOW resulted in a letter from landowner
  contesting the findings
• Not bad stewards, have raised cattle for over 30
  years, healthy animals
• Surrounding growth altered creek, increasing
  velocity and cutting of the banks
• Cattle only utilize small area of creek for
  drinking or crossing and arent responsible for
  bank erosion
• Healthy riparian veg never on streambanks--only
  iinvasive weeds (blackberries and tansy )which
  they have worked hard to control

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Fanno Creek case cont. 06

• ODA responded with a discussion with the
  landowner explaining the Area Rules, reasons for
  recommendations made, and assistance availability
  through the SWCD
• Follow up site visit date still set

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Fanno Creek case cont. 06

• Follow-up site visit showed that a partial fence
  had been constructed
• Riparian veg still not sufficient to meet
  streamside requirements
• L/O agreed to complete the fence, manage the
  animals to spend less time in riparian pasture,
  and plant trees and shrubs
• Another follow-up date set

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Fanno Creek case cont. 07

• Followed up in summer 07
• Riparian plantings died
• Fence almost complete
• Reduced number of cattle on property
• L/O says they plan on finishing fence (having
  trouble with landscape) and planting more veg
• Visit resulted in LOC with the understanding that
  the cattle continue to be managed in a way to
  allow riparian veg to establish and that the
  fence is completed.
• Case Closed.

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Fanno Creek cont. 08

• Received complaints spring 08
• Re-opened case
• Site visit conducted w/ ODA WQS, ODA Riparian
  Specialist, and Tualatin SWCD
• Complainants kept updated

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Fanno Creek case cont. 08

• Site visit showed
• Fence complete (no cattle in rip. area)
• Some riparian planting survival
• Evidence of recent cattle activity in riparian
  area on south side of property
• Area of concern in complaint
• Discussion of keeping cattle out of this area and
  provide off-channel watering
• Introduction of conservation planning

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Fanno Creek case cont. 08

• Visit resulted in a WQA w/ recommendations
  (including working with the SWCD) and follow-up
  site visit date
• SWCD in contact w/ L/O
• Follow up scheduled for fall 08

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Questions?