UD Dept. of Plant and Soil Sciences Nonpoint Source Pollution Course May 10, 2017

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1 UD Dept. of Plant and Soil Sciences Nonpoint Source Pollution Course May 10, 2017 Jennifer Volk Environmental Quality Specialist University of Delaware Cooperative Extension

2 The land area that drains to a body of water We all live in a watershed! What we do on the land affects the quality of the water

3 Four major basins Forty-five watersheds

4 States must prepare and submit to the EPA every other year: o Watershed Assessment Report (305(b) Report) o List waters not meeting standards (303(d) List)

5 Designated uses Industrial Water Supply Agricultural Water Supply Secondary Contact Primary Contact Public Water Supply Aquatic Life and Wildlife Cold Water Fish Harvestable Shellfish Exceptional Recreational and Ecological Significance Water quality criteria o Concentrations, parameter levels, or narrative statements It is assumed that if criteria are met, designated uses will be protected.

6 145 grab sample sites o Monthly or bi-monthly based on 5- year rotating basin schedule 2 Years monthly 3 years bi-monthly 6 continuous datasonde sites 2 continuous data analyzer sites Methodologies developed and recommended by the US EPA

7 More than 90% of Delaware's waterways are considered impaired

8 What Pollutes Our Waters? Excess nutrients (nitrogen and phosphorous) fuel the growth of dense algae blooms. The nutrients and sediment block sunlight that underwater grasses need to grow. Grasses provide food for waterfowl and shelter for crabs and fish. The pollutants also rob the water of oxygen that crabs, oysters, and other bottom-dwelling species need to survive.

9 o o The maximum amount of a pollutant that can enter surface waters and still meet water quality standards TMDL = WLA + LA + MOS WLA = waste load allocation (point sources) LA = load allocation (nonpoint sources) MOS = margin of safety

10 Point Sources Facility with a National Pollutant Discharge Elimination System (NPDES) permit.

11 What we do on the land affects the quality of the water

12 DE Office of State Planning Coordination 2% 3% 21% 18% 31% Developed Agriculture Rangeland Forest Water Wetland Other 20% 6%

13 Law suit and consent decree schedule to establish TMDLs for all impaired waters on d List within 10 years o 1 st set of TMDLs established in 1998 o DNREC met the CD schedule December 2006 Wide range of reductions required for point and nonpoint sources across the state

14 Nitrogen Phosphorus

15 Six-state, 64,000 square mile watershed Home to 18 million people 10,000 miles of shoreline Over 3,600 species of plants, fish and other animals $750 million to local economies

16 *Socioeconomic Value of the Chesapeake Bay Watershed in Delaware University of Delaware Water Resources Agency (March 2011)

17 Within all 3 counties Very rural character: Developed 10% Agriculture 48% Rangeland 3% Forest 16% Water 1% Wetland 21% Other 1% Small, but growing, towns

18 Where Does Our Pollution Come From? 4% 7% Sources of Nitrogen from Delaware to 0% Chesapeake Watershed 3% 9% 77% Source: EPA Agriculture Urban runoff Septic Wastewater Forest Other

19 Slide curtesy of Dr. Amy Shober

20 Brings together diverse leaders and experts across numerous political boundaries to collaborate on achieving a common goal a healthy bay o Consolidate and coordinate efforts o Share resources o Compliment efforts and avoid duplication Partners come together to evaluate data, share best practices, report on progress toward goals, and make policy and management decision

21 We are a partnership Federal agencies o o o o o o Environmental Protection Agency (EPA) US Department of Agriculture (USDA) US Forest Service (USFS) US Geological Survey (USGS) US Fish and Wildlife Service (USFWS) And more State agencies o o o o Natural Resources/Environmental departments Agricultural departments Parks and Recreation groups Fish and Wildlife agencies Local Governments Alphabet soup! DAF DCR DCNR DDA DEC DEP DEQ DNR DNREC MDA MDE PDA

22 Non-profit organizations o Chesapeake Bay Foundation o Center for Watershed Protection o Ducks Unlimited o National Fish and Wildlife Foundation o And more Academic institutions o Land grant universities o Cooperative Extension programs o Sea Grant programs o Research centers and consortiums o And more

23 1983 Chesapeake Bay Agreement o Signed by governors of Maryland, Pennsylvania, Virginia; mayor of District of Columbia; administrator of EPA; chair of Chesapeake Bay Commission o Signatories became the Executive Council 1987 Chesapeake Bay Agreement o 40% nitrogen reduction by 2000 Chesapeake 2000 o Goals to reduce pollution, restore habitat, protect living resources, promote sound land use practices, and engage the public o Headwater states (Delaware, New York, West Virginia) joined the water quality restoration efforts 2014 Agreement signed June 16 th (at 2014 EC Meeting)

24 Citizens Advisory Committee Chesapeake Executive Council Principals Staff Committee Independent Evaluator Local Government Advisory Committee Action Teams Scientific & Technical Advisory Committee Communications Workgroup Management Board Social Sciences Laboratory Recommendation Action Team Sustainable Fisheries Protect & Restore Vital Habitats Goal Implementation Teams Protect & Restore Water Quality Maintain Healthy Watersheds Foster Chesapeake Stewardship Partnering, Leadership & Management Scientific, Technical Assessment, and Reporting Implementation Workgroups Implementation Workgroups Implementation Workgroups Implementation Workgroups Implementation Workgroups Implementation Workgroups Workgroups

25 Secretary Grumbles, MD Gov. Wolf, PA Gov. McAuliffe, VA (Chair) Administrator McCarthy, EPA Chairman McLain, CBC Dept. Com. Tierney, NY Dept. Secretary Coats, DE Senior Advisor Perry, DC Brigadier General Graham, USACE Under Secretary Bonnie, USDA

26 Citizens Advisory Committee Chesapeake Executive Council Principals Staff Committee Independent Evaluator Local Government Advisory Committee Action Teams Scientific & Technical Advisory Committee Communications Workgroup Management Board Social Sciences Laboratory Recommendation Action Team Sustainable Fisheries Protect & Restore Vital Habitats Goal Implementation Teams Protect & Restore Water Quality Maintain Healthy Watersheds Foster Chesapeake Stewardship Partnering, Leadership & Management Scientific, Technical Assessment, and Reporting Implementation Workgroups Implementation Workgroups Implementation Workgroups Implementation Workgroups Implementation Workgroups Implementation Workgroups Workgroups

27 Goal Implementation Teams Sustainable Fisheries Protect & Restore Vital Habitats Protect & Restore Water Quality Maintain Healthy Watersheds Foster Chesapeake Stewardship Enhance Partnering, Leadership & Management Ches. Bay Stock Assessment Committee Fish Passage Workgroup Agriculture Workgroup Forestry Workgroup Watershed Health Workgroup Chesapeake Conservation Corps Action Team Decision Framework Implementation Workgroup Maryland and Virginia Interagency Oyster Teams Invasive Catfish Workgroup Stream Health Workgroup Submerged Aquatic Vegetation Workgroup Wetland Workgroup Land Use Workgroup Urban Stormwater Workgroup Wastewater Treatment Workgroup Watershed Technical Workgroup Communications Workgroup Education Workgroup Public Access Planning Action Team Land Conservation Priorities Action Team Budget and Assistance Agreement Workgroup Milestone Workgroup Trading and Offsets Workgroup BMP Verification Committee

28 Science Technical Analysis and Reporting Tidal Monitoring and Analysis Workgroup American Shad Indicator Action Team Indicators Workgroup Brook Trout Action Team Modeling Workgroup Nontidal Water Quality Workgroup Analytical Methods & Quality Assurance Workgroup Criteria Assessment Protocol Workgroup Modeling Lab Action Team

29 Executive Order (May 2009) o Increased focus and emphasis on Bay restoration; accountability Total Maximum Daily Load (December 2010) o Set limits on nitrogen, phosphorus, and sediment o 100% of the actions to achieve the TMDL must be in place by 2025 o 60% of the actions to be in place by 2017 Watershed Implementation Plans (2010, 2012, 2018) o Outlines how jurisdictions will achieve load reduction goals o Spatial and temporal goals for implementing best management practices (BMPs) 2-Year Milestone Goals o Interim goals that ensure accountability and progress toward 2017 and 2025 targets

30 Convened an Interagency Workgroup representatives from numerous partner and stakeholder groups Formed 9 Subcommittees to draft text and propose actions to meet Delaware s Statewide allocations Revised the plan based on feedback from EPA and the public EPA used the Phase I WIPs to establish the Bay TMDL

31 More specific and localized Who will do what when Resources, authorities, needs Clear and quantitative goals local area N, P, S load targets, BMP implementation levels, and/or programmatic milestones o 2013 Milestones levels o % levels o % levels Draft submitted Dec. 15, 2011 Final submitted March 30, 2012

32 What s in Delaware s WIP?

33 Laurel Wastewater Treatment Plant Upgrade Major treatment plants include Bridgeville, Laurel, Seaford, and Invista Permitted nutrient loads being reduced Plants may be required to upgrade to higher levels of nutrient removal or find alternative disposal methods

34 Statewide regulations revised effective 1/11/14 o o o Require new inspection requirements, Performance standards, and Advanced treatment for all new and replacement systems within 1,000 feet of Chesapeake tidal waters and wetlands Eliminate a minimum of 6,295 systems by 2025 Wastewater related practices Connections Pump-outs Denitrification

35 Statewide regulations revised effective 1/1/14*** Emphasis on green technologies In-lieu fee to partially offset new development DelDOT/New Castle County Municipal Separate Stormwater Sewer (MS4) permit renewed 5/7/13 Stormwater retrofits

36 Stormwater related practices Erosion and sediment control on construction lands Bioretention (raingardens) Bioswale Filtering practices Infiltration practices Dry detention/dry extended detention Wetponds/wetlands Permeable pavement Street sweeping Urban forest/grass buffers Urban stream restoration Urban tree planting

37 The plan sets specific implementation goals for many ag BMPs Some goals will be difficult to achieve Low hanging fruit already picked Relies on voluntary implementation Cost share funds needed for support

38 Animal related practices Grazing Biofilters on poultry houses Mortality management Manure treatment (phytase, alum) Waste management Runoff control Manure relocation Cropland related practices Cover Crops Tillage practices Conservation plans Nutrient management Buffers (forest/grass) Wetland/stream restoration practices and water control structures Land retirement/tree planting

39 RESTORE CONSERVED LANDS ~40,000 acres of publicly owned lands in Delaware s Chesapeake 3,000 acres of leased farmland Many opportunities for restoration and improved stewardship practices

40 Dirt & gravel road erosion & sediment control Forest harvesting practices Non-urban stream restoration Shoreline erosion control

41 Capitalize on existing planning and infrastructure Provide technical assistance to local governments on ordinances, incentives, and funding mechanisms Urban Nutrient Management o Delaware non-farm fertilizer sales data shows a 92% decrease between o Delaware Livable Lawns Program

42 OFFSETS AND TRADES All new and increasing loads must be offset. Existing loads can be traded. Possibly by: Paying a fee, Doing a project nearby, or Buying credits from a bank

43 Mathematical representations of complex systems o Models synthesize large amounts of data The Chesapeake Bay our nations largest estuary! Large watershed with diverse topography and land use Critical habitat for many plants and animals Model scenarios predict responses to changes in inputs and processes

44 Models are part of a toolkit for decision making Research Monitoring Establish Total Maximum Daily Load reductions Assess progress of management decisions Track load changes over time Plan for future management Modeling Management

45 A series of models!

46 Phase 1 Phase 4 Phase 5 Completed in model segments 5 land uses 2 year calibration period No BMPs simulated Completed in model segments 9 land uses 14 year calibration period 20 BMP designations Completed in ,000+ model segments 30 land uses 21 year calibration period 1400 BMP designations

47 Steady State Advanced Bay Science Contributed to initial 40% goal 10,000 cells Hydrodynamics resolved tides Sediment/water interaction Included living resources Used for tributary strategies 57,000 cells Sub-hour hydrodynamics Oysters Menhaden

48 Improvements in precision, scope, complexity, and accuracy have occurred over time The Partnership is committed to continuously improving the models o Primary goal of the Midpoint Assessment Process o Phase 6 is out for review now o Will be used for the Phase 3 WIP and progress runs beginning in 2018

49 Progress toward nutrient and sediment load goals is assessed annually Jurisdictions submit implementation data for practices installed between July 1 st June 30 th period each December 1 st Data submitted using a National Environmental Information Exchange Network (NEIEN) schema (map) through nodes at state level and CBP o Schema creates XML files o DNREC maintains node in Delaware At least 6 data contacts for agricultural practices alone; ~dozen including all sectors

50 Concern has been expressed on the validity of reported data o Are practices really there and maintained as designed? o Are practices removed from datasets when practice is removed? o Is there double counting by multiple agencies reporting? o How to clean up historical data? o How to capture/credit voluntary implementation? Verification programs incorporate a variety of protocols: o Trained agency inspections, o Self-inspection, o Arial/satellite imagery, o Surveys, etc Verification programs must be fully implemented by 2018 o Only verified data will be credited in 2018 progress runs

51 Increased and direct regulation by EPA of: o Industrial and municipal wastewater plants o Municipal stormwater systems o Agricultural operations Redirection of federal funds

52 Phase 3 WIPs o Summer 2017 final EPA expectations released o June 2018 Draft Phase 3 WIPs due o December 2018 Final Phase 3 WIPs due

53 Be a good steward of the land you manage/impact o Maintain your septic/sewer system o Fertilize wisely get a soil test first! o Look for opportunities to reduce runoff Divert downspouts to grassy areas Make sure you water the yard/plants, not the sidewalk/street Reduce impervious surfaces Use rain barrels/cisterns to recycle water on your property Use native plants that require less water Support conservation programs Pay attention to water and land use issues in your community and be vocal/vote!

54 Jennifer Volk

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