department of natural resources and environmental control

Division of Water Resources

Statutory Authority: 7 Delaware Code, Ch. 60 (7 Del.C., Ch. 60)

proposed

PUBLIC NOTICE

Proposed Total Maximum Daily Loads (TMDLs) for the Chesapeake Bay Drainage Basin (Chester River, Choptank River, Marshyhope Creek, Nanticoke River, Gum Branch, Gravelly Branch, Deep Creek, Broad Creek, and Pocomoke River Watersheds), the Inland Bays Drainage Basin (Buntings Branch, Little Assawoman Bay, Assawoman Bay, Indian River Bay, Iron Branch, Indian River, Rehoboth Bay, and Lewes-Rehoboth Canal Watersheds), and the Murderkill River and Appoquinimink River Watersheds, Delaware

Brief Synopsis of the Subject, Substance, and Issues

The Department of Natural Resources and Environmental Control (DNREC) plans to conduct two Public Workshops to review draft Total Maximum Daily Loads (TMDLs) Regulations for bacteria for the Chesapeake Bay Drainage Basin (Chester River, Choptank River, Marshyhope Creek, Nanticoke River, Gum Branch, Gravelly Branch, Deep Creek, Broad Creek, and Pocomoke River Watersheds), the Inland Bays Drainage Basin (Buntings Branch, Little Assawoman Bay, Assawoman Bay, Indian River Bay, Iron Branch, Indian River, Rehoboth Bay, and Lewes-Rehoboth Canal Watersheds), and the Murderkill River and Appoquinimink River Watersheds. A TMDL sets a limit on the amount of a pollutant that can be discharged into a waterbody and still meet water quality standards. TMDLs are composed of Waste Load Allocations (WLAs) for point source discharges, Load Allocations (LAs) for nonpoint sources, and a Margin of Safety (MOS) to account for uncertainties.

The proposed Bacteria TMDL Regulations for the Chester River, Choptank River, Marshyhope Creek, and Pocomoke River Watersheds are necessary because the existing TMDL regulations that included both nutrient and bacteria allocations, promulgated on January 11, 2006 are being modified to include nutrients only. This change is required due to a clarification in the interpretation of the EPA-required, bacteria water quality standards that result in changes to the bacteria allocations.

Possible Terms of the Agency Action

Following the Public Workshops and after reviewing comments received during the comment period, Public Hearings will be scheduled to adopt the proposed Total Maximum Daily Loads for these Watersheds. Following adoption of the TMDL Regulations, DNREC will develop Pollution Control Strategies (PCSs) designed to achieve the necessary load reductions. PCSs will identify specific pollution reduction activities and timeframes and will be developed in concert with Tributary Action Teams, other stakeholders, and the public.

Statutory Basis or Legal Authority to Act

The authority to develop a TMDL is provided by Title 7 of the Delaware Code, Chapter 60, and Section 303(d) of the Federal Clean Water Act, 33 U.S.C. 1251 et. seq., as amended.

Other Legislation That May be Impacted

None

Notice of Public Workshops and Comment Period

Proposed TMDLs for the Murderkill River and Appoquinimink River Watersheds will be reviewed during a Public Workshop to be held at 6:00 p.m., Monday, June 5, 2006 at the DNREC Auditorium, 89 Kings Highway, Dover, DE.

Proposed TMDLs for the Chesapeake Bay Drainage Basin (Chester River, Choptank River, Marshyhope Creek, Nanticoke River, Gum Branch, Gravelly Branch, Deep Creek, Broad Creek, and Pocomoke River Watersheds), the Inland Bays Drainage Basin (Buntings Branch, Little Assawoman Bay, Assawoman Bay, Indian River Bay, Iron Branch, Indian River, Rehoboth Bay, and Lewes-Rehoboth Canal Watersheds) will be reviewed during a Public Workshop to be held at 6:00 p.m., Tuesday, June 6, 2006 at the University of Delaware Research and Education Center, 16483 County Seat Highway, Georgetown, DE.

Draft TMDL Regulations and technical support documents for these watersheds will be available as of Thursday, June 1, 2006 on the Department???s website (www.dnrec.delaware.gov) by clicking on ???TMDLs??? under ???Information??? or by contacting Sam Myoda, Watershed Assessment Section, Division of Water Resources, Department of Natural Resources and Environmental Control, 820 Silver Lake Boulevard, Suite 220, Dover, DE 19904-2464, (302) 739-9939, facsimile: (302) 739-6140, email: (samuel.myoda@state.de.us).

The Department has developed these draft regulations pursuant to a federal Consent Decree that requires the establishment of these TMDLs by the end of Calendar Year 2006. In order to comply with the ambitious schedule set by the Court Order, the Department must receive comments as early as possible in the regulatory development process. Hence, the Department is requiring that written comments on the proposed regulations be submitted no later than 4:30 PM, Friday, June 30, 2006, in order to be considered. After consideration of the written public comments, the Department, upon public notice, will schedule a Public Hearing.

Please send written comments to Sam Myoda, Watershed Assessment Section, Division of Water Resources, Department of Natural Resources and Environmental Control, 820 Silver Lake Boulevard, Suite 220, Dover, DE 19904-2464, (302) 739-9939, facsimile: (302) 739-6140, email: (samuel.myoda@state.de.us). All written comments must be received by 4:30 p.m., Friday, June 30, 2006. Electronic submission is preferred.

Prepared By:

John Schneider, Watershed Assessment Section, 739-9939

7412 Total Maximum Daily Loads (TMDLs) for Nutrients for the Chester River Watershed in Delaware

1.0 Introduction and Background

Water quality monitoring performed by the Department of Natural Resources and Environmental Control (DNREC) has shown that the Chester River is impaired by high levels of bacteria, elevated levels of the nutrients nitrogen and phosphorous, and low dissolved oxygen, and that the designated uses are not fully supported by water quality in the stream.

Section 303(d) of the Federal Clean Water Act (CWA) requires states to develop a list (303(d) List) of waterbodies for which existing pollution control activities are not sufficient to attain applicable water quality criteria and to develop Total Maximum Daily Loads (TMDLs) for pollutants or stressors causing the impairment. A TMDL sets a limit on the amount of a pollutant that can be discharged into a waterbody and still protect water quality. TMDLs are composed of three components, including Waste Load Allocations (WLAs) for point source discharges, Load Allocations (LAs) for nonpoint sources, and a Margin of Safety (MOS).

DNREC listed Chester River on several of the State???s 303(d) Lists and proposes the following Total Maximum Daily Load regulation for nitrogen and phosphorous, and Enterococcus bacteria.

2.0 Total Maximum Daily Loads (TMDLs) for the Chester River Watershed in Delaware

Article 1. The nonpoint source nitrogen load in the entire watershed shall be capped at the 2001-2003 baseline level. This shall result in a yearly-average total nitrogen load of 708 pounds per day.

Article 2. The nonpoint source phosphorus load in the entire watershed shall be reduced by 40 percent from the 2001-2003 baseline level. This shall result in reducing the yearly-average total phosphorous load from 54.6 pounds per day to 32.3 pound per day.

Article 3. The nonpoint source bacteria load in the entire watershed shall be reduced by 75.6% from the 1997 ??? 2005 baseline levels. This shall result in reducing a yearly-mean bacteria load from 1.9E+11 CFU per day to 4.6E+10 CFU per day.

Article 4 3. Based upon water quality model runs and assuming implementation of reductions identified by Articles 1 through 3, DNREC has determined that, with an adequate margin of safety, water quality standards will be met in Chester River.

Article 5 4. Implementation of this TMDL Regulation shall be achieved through development and implementation of a Pollution Control Strategy. The Strategy will be developed by DNREC in concert with the Tributary Action Teams, other stakeholders, and the public.

9 DE Reg. 1102 (01/01/06)

7413 Total Maximum Daily Loads (TMDLs) for Nutrients for the Choptank River Watershed in Delaware

1.0 Introduction and Background

Water quality monitoring performed by the Department of Natural Resources and Environmental Control (DNREC) has shown that the Choptank River is impaired by high levels of bacteria, elevated levels of the nutrients nitrogen and phosphorous, and low dissolved oxygen, and that the designated uses are not fully supported by water quality in the stream.

DNREC listed Choptank River on several of the State???s 303(d) Lists and proposes the following Total Maximum Daily Load regulation for nitrogen, and phosphorous. and Enterococcus bacteria.

2.0 Total Maximum Daily Loads (TMDLs) for the Choptank River Watershed in Delaware

Article 1. The nonpoint source nitrogen load in the entire watershed shall be capped at the 2001-2003 baseline level. This shall result in a yearly-average total nitrogen load of 1,359 pounds per day.

Article 3. The nonpoint source bacteria load shall be reduced by 87.8% from the 1997 ??? 2005 baseline level. This shall result in reducing a yearly-mean bacteria load from 4.3E+11 CFU per day to 4.4E+10 CFU per day.

9 DE Reg. 1102 (01/01/06)

7414 Total Maximum Daily Loads (TMDLs) for Nutrients for the Marshyhope Creek Watershed in Delaware

1.0 Introduction and Background

Water quality monitoring performed by the Department of Natural Resources and Environmental Control (DNREC) has shown that the Marshyhope Creek is impaired by high levels of bacteria, elevated levels of nutrients nitrogen and phosphorous, and low dissolved oxygen, and that the designated uses are not fully supported by water quality in the stream.

DNREC listed Marshyhope Creek on several of the State???s 303(d) Lists and proposes the following Total Maximum Daily Load regulation for nitrogen and phosphorous, and Enterococcus bacteria.

2.0 Total Maximum Daily Loads (TMDLs) for Marshyhope Creek Watershed in Delaware

Article 1. The nonpoint source nitrogen load in the entire watershed shall be reduced by 20 percent from the 2001-2003 baseline level. This shall result in reducing the yearly-average total nitrogen load from 2,687 pounds per day to 2,148 pounds per day.

Article 2. The nonpoint source phosphorus load in the entire watershed shall be reduced by 25 percent from the 2001-2003 baseline level. This shall result in reducing the yearly-average total phosphorous load from 109 pounds per day to 78.1 pound per day.

Article 3. The nonpoint source bacteria load shall be reduced by 85.7% from the 1997 ??? 2005 baseline levels. This shall result in reducing a yearly-mean bacteria load from 1.1E+11 CFU per day to 1.6E+10 CFU per day.

9 DE Reg. 1102 (01/01/06)

7415 Total Maximum Daily Loads (TMDLs) for Nutrients for the Pocomoke River Watershed in Delaware

1.0 Introduction and Background

Water quality monitoring performed by the Department of Natural Resources and Environmental Control (DNREC) has shown that the Pocomoke River is impaired by high levels of bacteria, elevated levels of the nutrients nitrogen and phosphorous, and low dissolved oxygen, and that the designated uses are not fully supported by water quality in the stream.

DNREC listed Pocomoke River on several of the State???s 303(d) Lists and proposes the following Total Maximum Daily Load regulation for nitrogen and phosphorous, and Enterococcus bacteria.

2.0 Total Maximum Daily Loads (TMDLs) for the Pocomoke River Watershed in Delaware

Article 1. The nonpoint source nitrogen load in the entire watershed shall be reduced by 55 percent from the 1997-2003 baseline level. This shall result in reducing the yearly-median total nitrogen load from 226 pounds per day to 102 pounds per day.

Article 2. The nonpoint source phosphorus load in the entire watershed shall be reduced by 55 percent from the 1997-2003 baseline level. This shall result in reducing the yearly-median total phosphorous load from 13.5 pounds per day to 6.1 pound per day.

Article 3. The nonpoint source bacteria load shall be reduced by 69.2% from the 1997- 2005 baseline levels. This shall result in reducing a yearly-mean bacteria load from 4.2E+11 CFU per day to 1.3E+11CFU per day.

9 DE Reg. 1102 (01/01/06)

7403 Total Maximum Daily Loads (TMDLs) for Bacteria for the Appoquinimink River Watershed, Delaware

1.0 Introduction and Background

Water quality monitoring performed by the Department of Natural Resources and Environmental Control (DNREC) has shown that the waters of the Appoquinimink River Watershed are impaired by high levels of bacteria and that the designated uses are not fully supported due to levels of this pollutant in these waters.

Section 303(d) of the Federal Clean Water Act (CWA) requires States to develop a list (303(d) List) of waterbodies for which existing pollution control activities are not sufficient to attain applicable water quality criteria and to develop Total Maximum Daily Loads (TMDLs) for pollutants or stressors causing the impairment. A TMDL sets a limit on the amount of a pollutant that can be discharged into a waterbody and still protect water quality. A TMDL is composed of three components, including a Waste Load Allocation (WLA) for point source discharges, Load Allocation (LA) for nonpoint sources, and a Margin of Safety (MOS).

DNREC listed the Appoquinimink River Watershed on several of the State???s 303(d) Lists and proposes the following Total Maximum Daily Loads regulation for enterococcus bacteria.

2.0 Total Maximum Daily Loads (TMDLs) Regulation for Appoquinimink River Watershed

Article 1. The nonpoint source bacteria load in the fresh water portion of the Appoquinimink River Watershed shall be reduced by 11 percent from the 1997-2005 baseline level.

Article 2. The nonpoint source bacteria load in the marine water portion of the Appoquinimink River Watershed shall be reduced by 72 percent from the 1997-2005 baseline level.

Article 3. The MS4 point source bacteria load in the fresh water portion of the Appoquinimink River Watershed shall be reduced by 15 percent from the 1997-2005 baseline level.

Article 4. The MS4 point source bacteria load in the marine water portion of the Appoquinimink River Watershed shall be reduced by 73 percent from the 1997-2005 baseline level.

Article 5. The Middletown-Odessa-Townsend (MOT) wastewater treatment plant point source bacteria loading shall be capped at the current, geometric mean concentration level of 35 CFU enterococcus/100mL.

Article 6. Based upon cumulative distribution analyses and assuming implementation of reductions identified by Article 1 through Article 5 above, DNREC has determined that, with an adequate margin of safety, water quality standards will be met in the Appoquinimink River Watershed.

Article 7. Implementation of this TMDLs Regulation shall be achieved through the development and implementation of a Pollution Control Strategy. The Strategy will be developed by DNREC in concert with the Tributary Action Team, other stakeholders, and the public.

7427 Total Maximum Daily Loads (TMDLs) for Bacteria for the Murderkill River Watershed, Delaware

1.0 Introduction and Background

Water quality monitoring performed by the Department of Natural Resources and Environmental Control (DNREC) has shown that the waters of the Murderkill River Watershed are impaired by high levels of bacteria and that the designated uses are not fully supported due to levels of this pollutant in these waters.

DNREC listed the Murderkill River Watershed on several of the State???s 303(d) Lists and proposes the following Total Maximum Daily Loads regulation for enterococcus bacteria.

2.0 Total Maximum Daily Loads (TMDLs) Regulation for Murderkill River Watershed

Article 1. The nonpoint source bacteria load in the fresh water portion of the Murderkill River Watershed shall be reduced by 32 percent from the 1997-2005 baseline level.

Article 2. The nonpoint source bacteria load in the marine water portion of the Murderkill River Watershed shall be reduced by 67 percent from the 1997-2005 baseline level.

Article 3. All point source bacteria loading in the Murderkill River Watershed shall be capped at the current, geometric mean concentration level of 35 CFU enterococcus/100mL.

Article 5. Implementation of this TMDLs Regulation shall be achieved through the development and implementation of a Pollution Control Strategy. The Strategy will be developed by DNREC in concert with the Tributary Action Team, other stakeholders, and the public.

7428 Total Maximum Daily Loads (TMDLs) for Bacteria for the Inland Bays Drainage Basin, Delaware

(Buntings Branch, Little Assawoman Bay, Assawoman Bay, Indian River Bay, Iron Branch, Indian River, Rehoboth Bay, and Lewes-Rehoboth Canal Watersheds)

1.0 Introduction and Background

Water quality monitoring performed by the Department of Natural Resources and Environmental Control (DNREC) has shown that the waters of the Inland Bays Drainage Basin (Buntings Branch, Little Assawoman Bay, Assawoman Bay, Indian River Bay, Iron Branch, Indian River, Rehoboth Bay, and Lewes-Rehoboth Canal Watersheds) are impaired by high levels of bacteria and that the designated uses are not fully supported due to levels of this pollutant in these waters.

DNREC listed the Inland Bays Drainage Basin on several of the State???s 303(d) Lists and proposes the following Total Maximum Daily Loads regulation for enterococcus bacteria.

2.0 Total Maximum Daily Loads (TMDLs) Regulation for Inland Bays Drainage Basin

Article 1. The nonpoint source bacteria load in the fresh water portion of the Inland Bays Drainage Basin (Buntings Branch, Little Assawoman Bay, Assawoman Bay, Indian River Bay, Iron Branch, Indian River, Rehoboth Bay, and Lewes-Rehoboth Canal Watersheds) shall be reduced by 40 percent from the 2000-2005 baseline level.

Article 2. The nonpoint source bacteria load in the marine water portion of the Inland Bays Drainage Basin (Buntings Branch, Little Assawoman Bay, Assawoman Bay, Indian River Bay, Iron Branch, Indian River, Rehoboth Bay, and Lewes-Rehoboth Canal Watersheds) shall be reduced by 23 percent from the 2000-2005 baseline level.

Article 3. All point source bacteria loading in the Inland Bays Drainage Basin (Buntings Branch, Little Assawoman Bay, Assawoman Bay, Indian River Bay, Iron Branch, Indian River, Rehoboth Bay, and Lewes-Rehoboth Canal Watersheds) will be capped at the current, geometric mean concentration level of 35 CFU enterococcus/100mL until all point sources are eliminated as required in the 1998 Inland Bays Nutrient TMDL Regulation.

Article 4. Based upon cumulative distribution analyses and assuming implementation of reductions identified by Article 1 through Article 3 above, DNREC has determined that, with an adequate margin of safety, water quality standards will be met in the Inland Bays Drainage Basin (Buntings Branch, Little Assawoman Bay, Assawoman Bay, Indian River Bay, Iron Branch, Indian River, Rehoboth Bay, and Lewes-Rehoboth Canal Watersheds).

Article 5. Implementation of this TMDLs Regulation shall be achieved through the development and implementation of a Pollution Control Strategy. The Strategy will be developed by DNREC in concert with Tributary Action Teams, other stakeholders, and the public.

7429 Total Maximum Daily Loads (TMDLs) for Bacteria for the Chesapeake Bay Drainage Basin, Delaware

(Chester River, Choptank River, Marshyhope Creek, Nanticoke River, Gum Branch, Gravelly Branch, Deep Creek, Broad Creek, and Pocomoke River Watersheds)

1.0 Introduction and Background

Water quality monitoring performed by the Department of Natural Resources and Environmental Control (DNREC) has shown that the waters of the Chesapeake Bay Drainage Basin (Chester River, Choptank River, Marshyhope Creek, Nanticoke River, Gum Branch, Gravelly Branch, Deep Creek, Broad Creek, and Pocomoke River Watersheds) are impaired by high levels of bacteria and that the designated uses are not fully supported due to levels of this pollutant in these waters.

DNREC listed the Chesapeake Bay Drainage Basin (Chester River, Choptank River, Marshyhope Creek, Nanticoke River, Gum Branch, Gravelly Branch, Deep Creek, Broad Creek, and Pocomoke River Watersheds) on several of the State???s 303(d) Lists and proposes the following Total Maximum Daily Loads regulation for enterococcus bacteria.

2.0 Total Maximum Daily Loads (TMDLs) Regulation for the Chesapeake Bay Drainage Basin

Article 1. The nonpoint source bacteria load in the entire Chester River Watershed shall be reduced by 35 percent from the 1997-2004 baseline level.

Article 2. The nonpoint source bacteria load in the entire Choptank River watershed shall be reduced by 29 percent from the 1997-2005 baseline level.

Article 3. The nonpoint source bacteria load in the entire Marshyhope Creek watershed shall be reduced by 21 percent from the 1997-2005 baseline level.

Article 4. The nonpoint source bacteria load in the entire Pocomoke River watershed shall be reduced by 30 percent from the 1997-2004 baseline level.

Article 5. The nonpoint source bacteria load in the entire Nanticoke River, Gum Branch, Gravelly Branch, Deep Creek, and Broad Creek Watersheds shall be reduced by 3% percent from the 2000-2005 baseline level.

Article 6. All point source bacteria loading in the entire Chesapeake Bay Drainage Basin (Chester River, Choptank River, Marshyhope Creek, Nanticoke River, Gum Branch, Gravelly Branch, Deep Creek, Broad Creek, and Pocomoke River Watersheds) shall be capped at the current, geometric mean concentration level of 100 CFU enterococcus/100mL.

Article 7. Based upon cumulative distribution analyses and assuming implementation of reductions identified by Article 1 through Article 6 above, DNREC has determined that, with an adequate margin of safety, water quality standards will be met in the Chesapeake Bay Drainage Basin (Chester River, Choptank River, Marshyhope Creek, Nanticoke River, Gum Branch, Gravelly Branch, Deep Creek, Broad Creek, and Pocomoke River Watersheds).

Article 8. Implementation of this TMDLs Regulation shall be achieved through the development and implementation of a Pollution Control Strategy. The Strategy will be developed by DNREC in concert with Tributary Action Teams, other stakeholders, and the public.

9 DE Reg. 1945 (06/01/06) (Prop.)