department of natural resources and environmental control

Division of Water Resources

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

Proposed Total Maximum Daily Loads (TMDLs) for the Army Creek, Blackbird Creek, Broadkill River, Cedar Creek, Dragon Run Creek, Leipsic River, Little Creek, Mispillion River, Red Lion Creek, Smyrna River, and St. Jones River Watersheds, Delaware

PROPOSED

PUBLIC NOTICE

Brief Synopsis of the Subject, Substance, and Issues

The Department of Natural Resources and Environmental Control (DNREC) plans to conduct three Public Workshops to review draft Total Maximum Daily Loads (TMDLs) Regulations for nitrogen, phosphorous, and bacteria for the Army Creek, Blackbird Creek, Broadkill River, Cedar Creek, Dragon Run Creek, Leipsic River, Little Creek, Mispillion River, Red Lion Creek, Smyrna River, and St. Jones 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.

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 Blackbird Creek, Leipsic River, Little Creek, Smyrna River, and St. Jones River Watersheds will be reviewed during a Public Workshop to be held at 6:00 p.m., Thursday, May 11, 2006 at the Delaware National Estuarine Research Reserve, 818 Kitts Hummock Road, Dover, DE.

Proposed TMDLs for the Army Creek, Dragon Run Creek, and Red Lion Creek Watersheds will be reviewed during a Public Workshop to be held at 6:00 p.m., Tuesday, May 16, 2006 at DNREC???s Lukens Drive Building, 391 Lukens Drive, New Castle, DE.

Proposed TMDLs for the Broadkill River, Cedar Creek, and Mispillion River Watersheds will be reviewed during a Public Workshop to be held at 6:00 p.m., Thursday, May 18, 2006 at the City of Lewes Public Library, 111 Adams Street at Kings Highway, Lewes, DE.

Draft TMDL Regulations and technical support documents for these watersheds will be available as of Monday, May 1, 2006 on the Department???s website (www.dnrec.delaware.gov) by clicking on ???TMDLs??? under ???Information??? or by contacting Hassan Mirsajadi, 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: (Hassan.Mirsajadi@state.de.us).

The Department has developed these draft regulations pursuant to a federal Consent Decree which 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, Wednesday, May 31, 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 Hassan Mirsajadi, 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: (Hassan.Mirsajadi@state.de.us). All written comments must be received by 4:30 p.m., Wednesday, May 31, 2006. Electronic submission is preferred.

Prepared By:

John Schneider, Watershed Assessment Section, 739-9939.

7416 Total Maximum Daily Loads (TMDLs) for the Army Creek 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 Army Creek and several of its tributaries and ponds are impaired by high levels of bacteria and elevated levels of the nutrients nitrogen and phosphorous, and that the designated uses are not fully supported due to levels of these pollutants in these waterways.

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 Army Creek on several of the State???s 303(d) Lists and proposes the following Total Maximum Daily Loads regulation for nitrogen, phosphorous, and enterococcus bacteria.

2.0 Total Maximum Daily Loads (TMDLs) Regulation for Army Creek

Article 1. The nonpoint source nitrogen load in the entire Army Creek watershed shall be reduced by 40 percent from the 2002-2005 baseline level. This shall result in a yearly-average total nitrogen load of 24.3 pounds per day.

Article 2. The nonpoint source phosphorous load in the entire Army Creek watershed shall be reduced by 40 percent from the 2002-2005 baseline level. This shall result in a yearly-average total phosphorous load of 2.04 pounds per day.

Article 3. The nonpoint source enterococcus bacteria load in the entire Army Creek watershed shall be reduced by 39 percent from the 1997-2005 baseline level.

Article 4. Based upon water quality model runs 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 Army Creek.

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 Teams, other stakeholders, and the public.

7417 Total Maximum Daily Loads (TMDLs) for the Blackbird Creek 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 Blackbird Creek and several of its tributaries and ponds are impaired by high levels of bacteria and elevated levels of the nutrients nitrogen and phosphorous, and that the designated uses are not fully supported due to levels of these pollutants in these waterways.

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

2.0 Total Maximum Daily Loads (TMDLs) Regulation for Blackbird Creek

Article 1. The nonpoint source nitrogen load in the entire Blackbird Creek watershed shall be reduced by 40 percent from the 2002-2003 baseline level. This shall result in a yearly-average total nitrogen load of 175.5 pounds per day.

Article 2. The nonpoint source phosphorous load in the entire Blackbird Creek watershed shall be reduced by 40 percent from the 2002-2003 baseline level. This shall result in a yearly-average total phosphorous load of 19.97 pounds per day.

Article 3. The nonpoint source enterococcus bacteria load in the entire Blackbird Creek watershed shall be reduced by 80 percent from the 2002-2003 baseline level. This shall result in a yearly-mean enterococcus bacteria load of 4.67E+10 colony forming units (CFU) per day.

7418 Total Maximum Daily Loads (TMDLs) for the Broadkill 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 Broadkill River and several of its tributaries and ponds are impaired by high levels of bacteria and elevated levels of the nutrients nitrogen and phosphorous, and that the designated uses are not fully supported due to levels of these pollutants in these waterways.

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

2.0 Total Maximum Daily Loads (TMDLs) Regulation for Broadkill River

Article 1. The total nitrogen load from the four point source facilities in the Broadkill River watershed (Town of Milton, Allen Family Foods, Perdue Georgetown, and SAW Georgetown) shall be limited to 245.6 pounds per day. The nitrogen waste load allocation for each facility includes: 36.5 pounds per day for the Town of Milton, 73.0 pounds per day for Allen Family Foods, 116.8 pounds per day for Perdue Georgetown, and 19.3 pounds per day for SAW Georgetown.

Article 2. The total phosphorous load from the four point source facilities in the watershed (Town of Milton, Allen Family Foods, Perdue Georgetown, and SAW Georgetown) shall be limited to 28.0 pounds per day. The phosphorous waste load allocation for each facility includes: 13.1 pounds per day for the Town of Milton, 5.21 pounds per day for Allen Family Foods, 8.34 pounds per day for Perdue Georgetown, and 1.38 pounds per day for SAW Georgetown.

Article 3. The enterococcus bacteria load from the four point source facilities in the watershed (Town of Milton, Allen Family Foods, Perdue Georgetown, and SAW Georgetown) shall be limited to 1.67E+09 colony forming units (CFU) per day. The enterococcus bacteria waste load allocation for each facility includes: 4.37E+08 CFU per day for the Town of Milton, 4.73E+09 CFU per day for Allen Family Foods, 7.57E+09 CFU per day for Perdue Georgetown, and 1.25E+09 CFU per day for SAW Georgetown.

Article 4. The nonpoint source nitrogen load in the entire Broadkill River watershed shall be reduced by 40 percent from the 2002-2003 baseline level. This shall result in a yearly-average total nitrogen load of 2224.2 pounds per day.

Article 5. The nonpoint source phosphorous load in the entire Broadkill River watershed shall be reduced by 40 percent from the 2002-2003 baseline level. This shall result in a yearly-average total phosphorus load of 94.7 pounds per day.

Article 6. The nonpoint source enterococcus bacteria load in the entire Broadkill River watershed shall be reduced by 75 percent from the 2002-2003 baseline level. This shall result in a yearly-average enterococcus bacteria load of 1.0E+11 CFU per day.

Article 7. Based upon water quality model runs 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 Broadkill River.

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 the Tributary Action Teams, other stakeholders, and the public.

7419 - Total Maximum Daily Loads (TMDLs) for the Cedar Creek 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 Cedar Creek and several of its tributaries and ponds are impaired by high levels of bacteria and elevated levels of the nutrients nitrogen and phosphorous, and that the designated uses are not fully supported due to levels of these pollutants in these waterways.

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

2.0 Total Maximum Daily Loads (TMDLs) Regulation for Cedar Creek

Article 1. The nonpoint source nitrogen load in the entire Cedar Creek watershed shall be reduced by 45 percent from the 2001-2003 baseline level. This shall result in a yearly-average total nitrogen load of 587.6 pounds per day.

Article 2. The nonpoint source phosphorous load in the entire Cedar Creek watershed shall be reduced by 45 percent from the 2001-2003 baseline level. This shall result in a yearly-average total phosphorous load of 23.25 pounds per day.

Article 3. The nonpoint source enterococcus bacteria load in the entire Cedar Creek watershed shall be reduced by 96 percent from the 2001-2003 baseline level. This shall result in a yearly-mean enterococcus bacteria load of 7.15E+10 colony forming units (CFU) per day.

7420 - Total Maximum Daily Loads (TMDLs) for the Dragon Run Creek 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 Dragon Run Creek and several of its tributaries and ponds are impaired by high levels of bacteria and elevated levels of the nutrients nitrogen and phosphorous, and that the designated uses are not fully supported due to levels of these pollutants in these waterways.

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

2.0 Total Maximum Daily Loads (TMDLs) Regulation for Dragon Run Creek

Article 1. The nonpoint source nitrogen load in the entire Dragon Run Creek watershed shall be reduced by 40 percent from the 2002-2005 baseline level. This shall result in a yearly-average total nitrogen load of 79.7 pounds per day.

Article 2. The nonpoint source phosphorous load in the entire Dragon Run Creek watershed shall be reduced by 40 percent from the 2002-2005 baseline level. This shall result in a yearly-average total phosphorous load of 4.25 pounds per day.

Article 3. The nonpoint source enterococcus bacteria load in the entire Dragon Run Creek watershed shall be reduced by 19 percent from the 1997-2005 baseline level.

7421 Total Maximum Daily Loads (TMDLs) for the Leipsic 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 Leipsic River and several of its tributaries and ponds are impaired by high levels of bacteria and elevated levels of the nutrients nitrogen and phosphorous, and that the designated uses are not fully supported due to levels of these pollutants in these waterways.

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

2.0 Total Maximum Daily Loads (TMDLs) Regulation for Leipsic River

Article 1. The nonpoint source nitrogen load in the entire Leipsic River watershed shall be reduced by 40 percent from the 2002-2003 baseline level. This shall result in a yearly-average total nitrogen load of 559.4 pounds per day.

Article 2. The nonpoint source phosphorous load in the entire Leipsic River watershed shall be reduced by 40 percent from the 2002-2003 baseline level. This shall result in a yearly-average total phosphorous load of 61.98 pounds per day.

Article 3. The nonpoint source enterococcus bacteria load in the entire Leipsic River watershed shall be reduced by 75 percent from the 2002-2003 baseline level. This shall result in a yearly-mean enterococcus bacteria load of 1.08E+11 colony forming units (CFU) per day.

7422 Total Maximum Daily Loads (TMDLs) for the Little Creek 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 Little Creek and several of its tributaries and ponds are impaired by high levels of bacteria and elevated levels of the nutrients nitrogen and phosphorous, and that the designated uses are not fully supported due to levels of these pollutants in these waterways.

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

2.0 Total Maximum Daily Loads (TMDLs) Regulation for Little Creek

Article 1. The nonpoint source nitrogen load in the entire Little Creek watershed shall be reduced by 40 percent from the 2002-2003 baseline level. This shall result in a yearly-average total nitrogen load of 101.5 pounds per day.

Article 2. The nonpoint source phosphorous load in the entire Little Creek watershed shall be reduced by 40 percent from the 2002-2003 baseline level. This shall result in a yearly-average total phosphorous load of 11.21 pounds per day.

Article 3. The nonpoint source enterococcus bacteria load in the entire Little Creek watershed shall be reduced by 75 percent from the 2002-2003 baseline level. This shall result in a yearly-mean enterococcus bacteria load of 1.11E+10 colony forming units (CFU) per day.

7423 Total Maximum Daily Loads (TMDLs) for the Mispillion 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 Mispillion River and several of its tributaries and ponds are impaired by high levels of bacteria and elevated levels of the nutrients nitrogen and phosphorous, and that the designated uses are not fully supported due to levels of these pollutants in these waterways.

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

2.0 Total Maximum Daily Loads (TMDLs) Regulation for Mispillion River

Article 1. The nonpoint source nitrogen load in the Mispillion River watershed shall be reduced from the 2001-2003 baseline level by 88 percent for King???s Causeway Branch and 57 percent for the remaining parts of the watershed. This shall result in a yearly-average total nitrogen load of 756.5 pounds per day.

Article 2. The nonpoint source phosphorous load in the Mispillion River watershed shall be reduced from the 2001-2003 baseline level by 88 percent for King???s Causeway Branch and 57 percent for the remaining parts of the watershed. This shall result in a yearly-average total phosphorous load of 13.23 pounds per day.

Article 3. The nonpoint source enterococcus bacteria load in the Mispillion River watershed shall be reduced from the 2001-2003 baseline level by 87 percent. This shall result in a yearly-mean enterococcus bacteria load of 2.92E+11 colony forming units (CFU) per day.

Article 5. Implementation of this TMDL 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 Teams, other stakeholders, and the public.

7424 Total Maximum Daily Loads (TMDLs) for the Red Lion Creek 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 Red Lion Creek and several of its tributaries and ponds are impaired by high levels of bacteria and elevated levels of the nutrients nitrogen and phosphorous, and that the designated uses are not fully supported due to levels of these pollutants in these waterways.

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

2.0 Total Maximum Daily Loads (TMDLs) Regulation for Red Lion Creek

Article 1. The nonpoint source nitrogen load in the entire Red Lion Creek watershed shall be reduced by 40 percent from the 2002-2005 baseline level. This shall result in a yearly-average total nitrogen load of 121.3 pounds per day.

Article 2. The nonpoint source phosphorous load in the entire Red Lion Creek watershed shall be reduced by 40 percent from the 2002-2005 baseline level. This shall result in a yearly-average total phosphorous load of 3.7 pounds per day.

Article 3. The nonpoint source enterococcus bacteria load in the entire Red Lion Creek watershed shall be reduced by 40 percent from the 1997-2005 baseline level.

7425 Total Maximum Daily Loads (TMDLs) for the Smyrna 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 Smyrna River and several of its tributaries and ponds are impaired by high levels of bacteria and elevated levels of the nutrients nitrogen and phosphorous, and that the designated uses are not fully supported due to levels of these pollutants in these waterways.

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

2.0 Total Maximum Daily Loads (TMDLs) Regulation for Smyrna River

Article 1. The nonpoint source nitrogen load in the entire Smyrna River watershed shall be reduced by 40 percent from the 2002-2003 baseline level. This shall result in a yearly-average total nitrogen load of 742.2 pounds per day.

Article 2. The nonpoint source phosphorous load in the entire Smyrna River watershed shall be reduced by 40 percent from the 2002-2003 baseline level. This shall result in a yearly-average total phosphorous load of 57.8 pounds per day.

Article 3. The nonpoint source enterococcus bacteria load in the entire Smyrna River watershed shall be reduced by 75 percent from the 2002-2003 baseline level. This shall result in a yearly-mean enterococcus bacteria load of 1.74E+11 colony forming units (CFU) per day.

7426 Total Maximum Daily Loads (TMDLs) for the St. Jones 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 St. Jones River and several of its tributaries and ponds are impaired by high levels of bacteria and elevated levels of the nutrients nitrogen and phosphorous, and that the designated uses are not fully supported due to levels of these pollutants in these waterways.

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

2.0 Total Maximum Daily Loads (TMDLs) Regulation for St. Jones River

Article 1. The total nitrogen load from the two point source facilities in the watershed (Dover McKee Run and Reichhold Chemicals) shall be limited to 9.2 pounds per day. The nitrogen waste load allocation for Dover McKee Run will be 7.7 pounds per day and for Reichhold Chemicals will be 1.5 pounds per day.

Article 2. The total phosphorous load from the two point source facilities in the watershed (Dover McKee Run and Reichhold Chemicals) shall be limited to 0.37 pounds per day. The phosphorous waste load allocation for Dover McKee Run will be 0.24 pounds per day and for Reichhold Chemicals will be 0.13 pounds per day.

Article 3. The enterococcus bacteria load from the two point source facilities in the watershed (Dover McKee Run and Reichhold Chemicals) shall be limited to 1.67E+09 colony forming units (CFU) per day. The enterococcus bacteria waste load allocation for Dover McKee Run will be 1.1E+09 CFU per day and for Reichhold Chemicals will be 5.7E+08 CFU per day.

Article 4. The nonpoint source nitrogen load in the entire St. Jones River watershed shall be reduced by 40 percent from the 2002-2003 baseline level. This shall result in a yearly-average total nitrogen load of 860.3 pounds per day.

Article 5. The nonpoint source phosphorous load in the entire St. Jones River watershed shall be reduced by 40 percent from the 2002-2003 baseline level. This shall result in a yearly-average total phosphorus load of 63.01 pounds per day.

Article 6. The nonpoint source enterococcus load in the entire St. Jones River watershed shall be reduced by 90 percent from the 2002-2003 baseline level. This shall result in a yearly-average enterococcus load of 1.63E+11 CFU per day.

9 DE Reg. 1720 (05/01/06)(Prop.)