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Napa Sustainable Winegrowing Group

Erosion Control Plan Review

RCD's role

As a technical consultant for the County, the RCD reviews erosion control plans submitted for agricultural developments on land with slope greater than 5%. RCD has no regulatory authority. RCD recommendations are developed without reference to a "building code" or absolute standard. Plans are reviewed by a Plan Review Committee (one or more Directors or Associate Directors of the District) that considers the applicants' proposals, staff reports and recommendations before arriving at a decision to find a plan technically adequate for erosion control. The Committee's findings represent the official position of the District, but the applicant has the right to appeal that position to the RCD Board of Directors. A final administrative appeal may be made to the Napa County Board of Supervisors.

The District approaches each Plan review from a flexible, results-oriented perspective, recognizing that every site has a different set of environmental circumstances, and every vineyard manager a different way of operating and attaining viticultural and environmental goals.

RCD staff has a total of over 40 years of hillside vineyard management experence. For further information regarding Erosion Control Plan development and review, contact Dave Steiner, Soil Conservationist by email or phone (707) 252-4188 x107.

Napa Co Conservation, Development and Planning Department's role

The Planning Division of the Napa County Conservation, Development and Planning Department (CDPD) administers the Conservation Regulations. The agency checks Plans for completeness, collects the Plan check fees, completes or administers environmental reviews, and refers the Plan to one of its consultants for technical review

The Building Inspection Division of CDPD inspects the installation of the standard measures required for non-ag projects on 5-15% slopes, and withholds final approval of non-ag projects on slopes over 15%, pending approval of the Planning Division.

CDPD is located at 1195 Third Street, Napa, CA 94559; phone: 707-253-4416.

NRCS's role

Napa County's Conservation Regulations invoke NRCS technical expertise in predicting soil erosion hazards and prescribing measures to mitigate them. NRCS staff write Erosion Control Plans and provide general guidance and specific technical input for many more Plans generated in the private sector. Many Plan preparers request on-site, "pre-Plan" consultations with RCD and/or NRCS staff to discuss conceptual erosion control strategies before beginning to draft their submittals. This team approach to problem-solving attempts to reconcile everyone's needs and perspectives in an informal setting, and minimizes the need for time-consuming multiple Plan revisions.

Background

Throughout the 1980's Napa County residents became increasingly concerned about soil erosion and its water quality impacts. Highly visible hillside vineyards and a few dramatic sedimentation events focused enough public attention on the problem to inspire the Board of Supervisors to enact legislation controlling hillside developments. Since the Hillside Ordinance (also known as the Conservation Regulations, or Ordinance 991) became law in 1991, most new developments proposed for sites with ground slopes of 5% or greater are permitted only after County approval of Erosion Control Plans submitted by the applicant.

The Napa County Conservation, Development and Planning Department is the regulatory agency charged with administration of the Ordinance. CDPD has entered into contractual agreement with the RCD to review Erosion Control Plans for all new hillside agricultural developments, and some replants. Developments are dominated by vineyards, but may also include orchards, tree farms, forage or row-crop farms, golf courses, or general land clearings. After RCD makes a "finding of technical adequacy", CDPD makes the final approval decision.

Conservation Regulations Evolution

In 1994, the Board of Supervisors amended the original Ordinance. This amendment included the following changes to procedures for agricultural developments:

Erosion Control Plans for vineyard replants may now be submitted without the requirement for technical review by RCD. These Plans must be developed by one of a specifically-authorized list of qualified, insured and bonded consultants, who are also required to supervise installation of the measures called for in the Plan. The County's control over this "Track 2" or "privatized" process is limited to a certification of Plan "completeness", plus the authority to determine which consultants are to be included on the list.

Track 2 Authorized Consultants:

Firm	Address	Phone
Applied Civil Engineering		707-320-4968
Bartelt Engineering	1303 Jefferson Street, Suite #200B Napa, CA 94559	707-258-1301
Lincoln AE, LLC	17778 Foothill Court Hidden Valley Lake, CA 95467	707-987-3390
Monticello Engineering		707-448-2066
Mike Morris		707-225-4021
Napa Valley Vineyard Engineering, Inc.	176 Main Street, Suite B St.Helena, CA 94574	707-963-4927
PPI Engineering, Inc.	860-G Napa Valley Corporate Parkway Napa, CA 94559	707-253-1806

Beginning in 2000, County policy has recognized the review of Erosion Control Plans to be a “discretionary”, as opposed to “ministerial” process, and thus subject to environmental review under the California Environmental Quality Act (CEQA), which requires identification and mitigation of a project’s significant, adverse environmental impacts.

“Track 2” Erosion Control Plans are considered ministerial, as no governmental agency exercises technical judgment or discretion in reviewing them. Under this process, engineers are required to oversee Plan implementation. Growers still have the option of filing a standard (“Track 1”) replant Erosion Control Plan, to be reviewed by RCD and County Planning. Although technically subject to CEQA because these agencies exercise technical discretion, most replant Plans are Categorically Exempt from CEQA, as they represent continuation of existing uses.

Prospective applicants for replant ECPs should carefully compare the advantages and costs of Track 1 and Track 2 submittals.

The Ordinance provides for stream setbacks and slope limitations for new developments. Vineyard replants are exempt from these restrictions under certain conditions, which in the original Ordinance included restrictions against any grading or other modification of the "original footprint" of the existing vineyard. These regulatory conditions provided incentives to replant problem vineyards without correcting poor layouts and destructive, uncontrolled runoff, in order to retain the exemptions and not lose plantable acreage. Also, poor drafting of this Section of the original Ordinance misled a number of growers to think that their vineyard replants were exempt from the Ordinance itself, rather than from the setback and slope limitation requirements. The 1994 amendment clarified that language, and gave growers more flexibility to address specific layout and runoff control problems with minor grading in vineyard replants, without losing the exemptions and acreage that might have been in jeopardy under the original regulations.

RCD staff may recommend Field Modifications to approved Erosion Control Plans. Current policy requires that actual approval of modifications be made by CDPD staff. In general, minor modifications to an approved Plan which do not increase the amount of erosion predicted on a project, and do not alter the erosion control strategy of the approved Plan may be approved as field modifications. Proposed changes to an approved Plan which either increase its erosion potential, or alter the strategy by which erosion control is achieved, must be approved by way of a formal Plan Revision, requiring a separate submittal with an additional filing fee to the County, and a separate consideration by an RCD Review Committee. Given adequate mitigating measures, these major changes might be approved, but not as field modifications.