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Item 8EAGENDA ITEM # 8E J[JNE 14, 2010 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: City Commitment Supporting the Basin Management Action Plan 2 for 15 Lower St. Johns River Tributaries (including Hopkins Creek and Sherman Creek) Classified as Impaired for Fecal coliform by the Florida Department of Environmental Protection SUBMITTED BY: Rick Carper, P.E., Public Works Director. DATE: May 24, 2010 BACKGROUND: FDEP is responsible to develop Florida's list of impaired waters as mandated by Section 303(d) of the federal Clean Water Act. Under the authority of Section 403.067, Florida Statutes, known as the Florida Watershed Restoration Act, the FDEP classified seventy-five (75) tributaries of the Lower St. Johns River as impaired for fecal coliform and adopted (or is adopting) by secretarial rule a fecal coliform Total Maximum Daily Load (TMDL) for each. Subsequently, FDEP is merging sub-groups of these 75 impaired tributaries into basin action management plans and the associated stakeholders into the Lower St. Johns River Tributaries Basin Working Group (BWG) to focus stakeholders' efforts in meeting the tributaries' fecal coliform TMDLs. The stakeholders draft and fine tune each action plan under the direction of FDEP. Once finalized, each action plan is endorsed by the BWG, legally noticed for public feedback, and finally adopted by FDEP secretarial rule. BMAP 2 is FDEP's second fecal coliform action plan group and consists of 15 impaired Lower St. Johns River tributaries. This grouping includes Hopkins Creek, which is partially located in Atlantic Beach, as well as Neptune Beach and Jacksonville Beach, and Sherman Creek, which is partially located in Atlantic Beach, as well as Jacksonville and Mayport Naval Station. Because of this, the City of Atlantic Beach has been designated a stakeholder in this particular action plan and has a seat on the Basin Working Group for the plan's development and implementation. The City is represented on the working group by the Public Works and Public Utilities Directors. Since September 2009, City staff has been working with FDEP and stakeholder representatives in developing BMAP 2 (a 380 page document). Staff's focus has been primarily Chapter 13, which addresses Hopkins Creek and Chapter 16, which addresses Sherman Creek. In addition, staff reviewed (and recommended some changes to) Chapters 1 through 5, which are applicable to all 15 tributaries. Actions taken to date or planned by the stakeholders in this BMAP to reduce fecal coliforms in the affected tributaries have met the FDEP's sufficiency of effort requirement, so that no additional requirements or projects are required at this time. Participants in the BMAP will sample the tributaries on a routine basis to monitor contaminant levels and progress will be assessed in an annual BMAP Review by the BWG. Examples of actions taken by the City of Atlantic Beach include lining of aging sanitary sewer systems, septic tank phaseout, sanitary lift station and manhole maintenance, stormwater system cleaning and maintenance and litter and pet feces control programs. AGENDA ITEM # SE JUNE 14, 2010 The attached document formally presents the City's commitment supporting the Basin Management Action Plan 2 (BMAP 2) for 15 Lower St. Johns River Tributaries (including Hopkins Creek) that have been classified as impaired for fecal coliform to the Florida Department of Environmental Protection (FDEP). BUDGET: All projected capital expenses are already included in the Public Utilities and Public Works Capital Improvement Programs. The requirements for complying with this BMAP have no direct budget impact other than monitoring costs. FDEP anticipates the BMAP will receive final approval in September, such that monitoring will be required to begin in October. Funds will be requested in the new fiscal year budget to cover these costs. RECOMMENDATION: Authorize the Mayor to sign the attached document on behalf of the Commission. ATTACHMENTS: 1. Draft Statement of Commitment 2. BMAP Excerpt: Executive Summary, Hopkins and Sherman Creek Sample Results and Monitoring Plan REVIEWED BY CITY MANAGER: AGENDA ITEM # 8E JUNE 14, 2010 Z~70 LOWER ST. JOHNS RIVER TRIBUTARIES BASIN MANAGEMENT ACTION PLAN ll STATEMENT OF COMMITMENT TO SUPPORT PLAN IMPLEMENTATION The Lower St. Johns River Tributaries Basin Management Action Plan (BMAP) II was endorsed on May 13, 2010, by authorized representatives of the agencies and organizations listed as members of the Lower St. Johns River Tributaries Basin Working Group (BWG). The signatories of the BMAP agree that, as applicable, their organizations will: ^ Support the use of an equitable and cost-effective coordinated comprehensive watershed management approach to address and achieve total maximum daily load (TMDL)-related pollutant load reductions and water quality improvements. ^ Support the necessary approvals and funding needed to implement the consensus management actions identified in the BMAP, and assist implementation of those actions as required approvals and funding are secured. ^ Pursuant to the process agreed upon by the BWG, track the implementation of management actions for which they are responsible to assure that the BMAP is carried out. ^ Identify and advise the Florida Department of Environmental Protection (FDEP) and BWG of any issues or concerns that could be obstacles to carrying out management actions identified in the BMAP, including technical, funding, and legal obstacles. ^ As appropriate, assist with water quality monitoring according to the BMAP monitoring strategy approved by the BWG. ^ Continue to communicate and coordinate actions and funding across community organizations, agencies, and programs with regard to BMAP implementation. Organization.• City ofAdantic Beach, f/orida Authorized Name/Tit/e /printJ.• AGENDA ITEM # 8E JUNE 14, 2010 DRAFT Lows St. Johns R1wr Trbutari~s Bash Mn~aoamant Action Plan 11-May 1010 EXECUTNE SUMMARY TRIBUTARIES OF THE LOWER $T. JOHNS RIVER BASp~I The 15 tributaries discussed in this Basin Management Acton Pert (BMAP) occuPY appro~matety 3%, or 78 square miles, of the tower St. Johns River. (LSJR) Basin. The urban planning units are streams in the. Duvet County area, inducting the Trout River, Chtega River, Ncuth Mainstem, South Mainstem, Jutington Creek, and Intnaooastal Waterway. The wabr quality of these streams is affected by urbanization. At least part of the drainage from these tributaries flows thntiugh urban Jadtsorlviile..and many are tidally influenced for substantial distances. TOTAL INAAXIMUM DAILY LOAD$ Total 'Maximum Daily toads (TMDLs) are water quaNty targets for spedflc pollutants (such as fecal coliform) that are established forimpaired weterbodies-that do not meet their designated uses based on Fbrida water quality standanis. The ftorida Department of Environrrlerrtal Protedton (FDEP) has identified- 75 tributaries in the LSJR Basin that have verified fecal coMorrn impairmerrts. In 2006, FDEP adopted TMC~ts for the fdlowing watel'bodies included in the BMA,P: • ~Iiamson Creek • Moncrr`ef Croek • Wills Branch FDEP then adopted additicmal TMDLs for the BMAP in 2009 for the folbwing waterbadies: • McCoy Creek • Deep Bottom Cr+sek • Blockhouse Creek • Sherman Cnr-ek • Poftsbwg Cmek . • Upper Trout Rlv+er (hBID 2203) • Lower Trout River (WBiD 2203A~ The remaining TMDLs for the BMAP WBIDs were adopted in 2010: ! Craig Cr+aek • Fishing _Creeek • Hopkins Branch Com~orent Branch • Greer~eAd Crlgek LOWER~ST. JOHN8 RNER TRIBUTARIES BASSI ISAANAOfMENT ILGTtON PLAN- This BMAP is the second BMAP for the LSJR tributaries that are impaired for fecal colifomts. The BMAP addresses 15 of the 75 tributaries that were identified as some of the -worst-case waterbody identfication (WBID) segments, based on a ranking method establishing the severity. of bacterial corrtarrrination. The projects and ac~iviti~ outlined in this BMAP are suffident to address. all of the identified soun~es and, with the full impiementat3on of the BMAP, the 15 WBIDs are expelled to meet the' TMDL requirements. Through .ongoing studies, 5-year BMAP xxi AGENDA ITEM # 8E JUNE 14, 2010 DRAFT Lowry St, Jrir~s River Trii~utarias Basin Manaaanw~E Aolbn Plan 11•~May 1010 mi~tone evaluation, and annual reviews, any additional sources -can be identified and addressed. BMAP BA8IN WoRrclNa QiROUP MEIMBERSHIP FDEP worked with. the Basin Working Group (BWG) to prepare. this BMAP. The BWG members represent the following groups and organizations: . • City of RtlenitC Beech • City of Jacksonvl~e (Ct7.l) • City of Jacksonville Beadf • -City of Neptur+e peach • Duna! County Department of Health (DCHD) • Fonda Depertr-aent of Trensportetion (Fl)On • JEA • Nava! Statra- (NS) Mayport • Envk+vnmenta! Interests BMAP APPitoactl This BMAP provides for phased .implementation under Paragraph 403.067(7xa)1, Florida Stattrtes (F.S_}. The adaptive rr~nagement approach for TMDL in~lementatian Best in the BMAP will address facet coliform bacteria reductions, and the iterative evaluation process will continue until the TMDL is attained. The phased BMAP approach allows for the implementation of projects designed to ach~ve reductions, while simultaneously implementing source assessmen, carrying out.moniboring, and conducting studies to better understand facet coliform variability and water quality dynamics in each impaired waterbody. A 5-year milestone in this BMAP will be to ~a~ssess and veriy that adequate pr+ngnsss is .being made towards achieving the TMDLs. During the 5'" year fopowing the BMAP adoption (2015), the water quality data will be evaluated for in-stream reductions of fecal colit~orm levels in each WBID. By this year, the median value for the fecal colif`orm couras in ~e first 4 years of BMAP implementation should be 50% of the median expressed in the TMDL in each WBID. If this 50% redaction is not achieved by the time of the. 5~'-year analysis, additlonal efforts-may be required. Achieving 50% of the required reductions will tie an important .milestone for measuring the suoLess of the BMAP -and will provide an opportunity to improve source assessment and management measures going forward. SUFFICI@ICY of EFFORT EVALUATION The tributary fecal conform TMDLs are. expressed as a percerrt reduction based on in-stream fecal. coliforrrt concentrations. This method of TMDL allocation prevents detailed alkns, as it is complicated to equitably allocate to stakeholdersbased on a percent reduction of in-stream concentration. Fecalooliforms-can be highly variable and easily transported, making k difficult,. in many cases, to identify the sauce of the. bacaeria. Additionally, almost no data are available that show the effiaency of storrrivvcter best management practices (BMPs) and management actions in removing or reduartg fecal coifforms. FDEP evaluated fecal cobform reduction activities using a `sufficiency of. effort approach. which is a WBlla-spedflc assessment of the identified potential sources and the.spec~fic activities that will reduce or eliminate sources of fecal coliform loading. This sufficiency of effort evaluation is not an assessment of each entity`s individual activities; rather, it. focuses on whether the submitted activities correspor>Ided to the potential sources identified in the WBID and whether the total efforts were adequate to eliminate the known sources, assess unknown sources, and .prevent the development:af new sources. 7ocN AGENDA ITEM # 8E JiJNE 14, 2010 DRAFT iLo,iwr ss. JafMs Rlwr Tributaries iBasii ~/ana~nwnt Aadon Plan 1l-~ap 21110 ff any of the likely sources were insufFcientiy addressed, FDEP identified fife need fior.additional actions, which were-added to the responsible. entity's project table for that WB(D. -The sum of the actions iri this BMAP is suf~clent to address the potential sources, based on the information available. Additional actions may be necessary in the next; cycle if reduct~ns do not occur as expected. KEr ELEIr1ENTS of THE BMAP This BMAP addresses the key elements required 6y the Florida Watershed Restoration Act (FIIVRA}, Chapter 4f)3.067, F.S., including the lbllowing: • Document how the public and other. stakelwiders were encoureged to participate or partkrpated in delrek~ping the BMAP (Section l.3. f and ~ C); • Equitably allocate poputarlt reductions irr the. basin,(Socdon l.3.4); • ldeni/lj~ the mechanisms by which potential future increases in pollutant ioad/ng will be addressed (SvctMn !.3); • Document management acdons/pn~ects to achieve the TMDLs (Chapter 8 through f+f-apt+er ZO); • Document the implementation schedule, funding, responsibldtles, and milestones (Saction~s 6 3, r7.3, 8.3,.9 3, 10 3, 11.3, lY.3, t3 3, l4.3, !5 3, !6 3, l7.3, !ti 3, 18.3, and 20.3); .and • Identify monitoring,. evaluation, and a reporting strategy tQ evaluate reasonable progress overtime (Section 4.2). ANTICIPATED OtiTCOIME8 OF BMAP IMPLEfif1ENTATION Through the implementation of projects,. activities, and additional source assessment in this BMAP, stakeholders expect the following outcomes: • Impnaved water. quality trends in tha LSJR tributaries that will also help improve water quality in the main stem of the river, • Decreased loading (lerrels) of the target pollutant (fiscal oolifonn); • Enhanced public awareness offecal oo/iform sources and impacts on water quality; • Enhanced eflactiweness of corresponding corrective actions 6y stakehoders; • Enhanced understanding of basin hydrokrg ,water quality, and pollutant souroes;-and • Improved ebAity to evaluate management actions, esttmate their benefits, end identify additional pollutant sounes BMAP CosT Costs were provided 1br 59% of the activities identified in the BMAP, with an estimated total. cost of more than $51 million for capital projects and more than $92 million for ongoing programs and activities. in addition, some of the activities identified in the BMAP only -had countywide tx~sts available, for a total of more than .~25 million. The funding sources range from local oonMbutiorffi to legislative appropriations.. Technical stakeholders and BWG members will xxii AGENDA ITEM # 8E JiJNE 14, 2010 DRAFT l.osax is..lolms River Trib~ias Basin Manaasinsnt Aetbn Plan 11~--2010 cxxrtinue to explore new opportunities fiorfund'rng assistance th .ensure that-the activities fisted in this BMAP can be maintained at the necessary ~vel of effort: E3MAP Fo~tow-uP As a part of BMAP follow-up, FI3EP and stakeholders will track implementation efforts and monitor water qualihr to determine add~ionai sources and water quality bends. The sampling locations in the monitoring. plan were selected to identify other potential sources of. oontam~tion through source assessment monihming in key locations throughout the watersheds and to track trends in fecal coliforms in the WBtDs by using existing stations with extensive historical data. The source assessment monitoring will follow the established Tributaries Assessment Team (TAT) protoca, in which arty observed fecal conform colony oouMs over 5,OEHI will be fdk~wed up wide bracketed sampling in an effort to determine the soun~e of -the high .fecal coliforrrt count. COJ, FDEP, JEA, .City of Atlantic Beach. City of JadcsonviNe beach, City of Neptune Beach, .and NS Mayport are r~ponsit~te for the trend and: source assessment sampling in the. monitoring plan. The results of these efforts wiN be used tD evaluate the effectiveness of the BMAP activities in reducir~ fecal coliform loading in the. tributaries.. The BWG will meet at least every 12 months to discuss implementation issues, cmrsider new information, and determine what other management stnstegass are needed, if monitoring indicates abet additional measures are necessary th tBduce fecal c~oliforms. BEI~FR8 OF THE 6tMAP PROCESs With the knplerrietitation of acdviftes outlined in this BMAP, in addition b the anticipated outcxxries noted above, the following benefits are expected: • Increased coordination beiw~een state and local govrgmments and within divisions of i~al goi+^emments in problem solving Itx surface water quality restocsdon; • Securing addiGbrra/ stalls end Iota! funding for water quality resbretion; • Improved Qommunicetion and cooperation among staf+e -and local agencies raspondui9 to restoration needs; and • The deiennirTation of eflrec~ive projects through fhe stakeholder decisiat- 'making and P~iorltysetd-ng Pwceases. . COlailmilEliT TO BMAP fMPI.EMF.NT'ATION BWG members w~l endorse the BMAP on behalf of the entities. they represent and are conimittad to ensuring that the plan is implemen#ed to reduce fecal coliforrris in the LSJR tributaries. In addition to this endorsement, the entities will also be encouraged to. provide FDEP with letters of commr~rnent .or rescrtutiorrs of support to ensure that as .staff .and--board members change owsr time, the entity has- a way to ensure support fior the BMAP and the efforts. it describes. xxiv AGENDA ITEM # 8E JiJNE 14, 2010 DRAFT L~owsr it Jahns Ri~rar Tributaries Basin Managsrr~snt Action Plan 11-May X010 TABLE 14.• SUMi1IARYOF BLACKHIX/sE cREEKFECAI CoLe~a01I DATA BY YEAR FoR - - 6npty os6Mo dw 'Table yeas for wFMch dams exist. or samples ~ColKanr- ooums aro iN100mL. 'Exosadan 1998 oss 0 values ab - ove 400 aournf/10 - 0mL - - - - 1897 0 - - - - - - 1998 3 1,400 17,000 2,400 8,933 3 100% 1999 4 2,200 9,000 3,700 4,850 4 100% 2000 4 170 17,000 2,850 -5,718 3 75% 2001 4 184 11,000 1,915 3,754 2 50% 2002 4 .28 520 389 322 2 50% 2003 2 430 580 505 -505 2 100% Z. ~ B Hoprr/NS CREEK The fecal oaiform concentration in Hopkins Creek ranged from 10 to 9.000 counts/100mL and averaged 1,563 counts/1.00mL during the period of observation. High fecal coliform concentrations in 2007 were correlated with 3~ay precipitation (e.g., when 3~tay precipitation was 1.42 inches, the fecal coliform concentration was 8,5D0 counts/100mL at Station 21 FLJXWQIWWH on September 20, 2007). The data from Station 21 FLJXWQIWWH-during the Cycle 2 verified period were used to obtain long-temp annual and seasonal fecal coliform averages and percent exceedanoes. No long-term temporal trends were observed. Episodic peak fecal ooliforrrl concentrations ocxurred throughout the period of observation, and the average concentration in the creek neither increased nor decreased over the period of observation (Table 1S). The mean fecal coliform concentrations were slightly lower in the first and fourth quarters than in the second and third ?EP„ XX 2a'~. TABLE ~$.' 3UMMARYO,FHAPIiOHS CREEKfECAL COlJFOIRMDATA BY YEAR FOR THE V~l~IF1E0 PERIOD (./AHGfAI?Y 7, 2001-,/UNE 30, ZOQBf 'Nunes of samples ZCourarm oour>is are ~YJ100mt.. - 2001 - - 4 220 9,000 500 2,555 } 2 Y 50% 2002 4 10 388 277 233 0 0% 2003 4 ZO B00 480 445 2 50% 2004 3 980 -7,000 2,000 3,320 3 100% 2005 4 140 1,300 885 693 2 50% 2008 4 40 .500 297 284 2 50% 2007 8 20 8,500 90 1,472 1 17% Z- t.9 CORMauwT BaAII~cH The fecal coliform concentration ranged from 20 to 10,200. oounts/100mL and averaged 1,269 crounts/100mL during the Cycle 2 verified period. High fecal coliform concentrations in 2007 were not correlated-with rainfall. The data from Station 21FLJXWQJC15 (from January 2001- November 2007) were used to obtain long-tens annual and seasonal feel coliform averages and percent exceedanoes. No long-term temporal-trends were observed (Table 16). Episodic 18 AGENDA ITEM # 8E JUNE 14, 2010 DRAFT' L,orsar St Johns River Tributariias Basin Managsinsnt Action Plan IlaMay 2010 Z.1 f1 SHERMAN CREIX Table 18 summarizes the fecal coltform results for Sherman Creek, by year, during the verified period. There was a 41.696 overall exceedance rate. Exoeedances occurred in all months, except March and Juty, with 10096 exceedances in August. When aggregating data by season, the lowest percentage of exceedances occurred in the winter and fall, and the highest occurred in summer. There was at least a 33.3396 exceedance rate across each season. By year, there appeared fA be a general downward trend in exceedances firorrt 1996 to 2002, except for 2000. However, there was only 1 sample from 1996; all other. years had at least 9 samples (FDEP, Juty 2009). TABLE f8,'Sl/AIMARYOPSHEIQMLM-CREEKI~ECAL CAL/FOI~t/QATABYYEAR FOR THE V~RII~7ED PERlAD (/ANLfARY f, f996~/U/VE' S0, ?OQ3f - ~ Empty ceWtw deb 'Tools represents vests for tivt~ date wrist. 'Nwntwr of samples 3CoNform courts are #l100mL. 'Exceedanoes represent values above 400 counts/100m!_ 1996 1 1,300 1,300 1,300 1,300 1 100.0096 1997 - - _ _ _ _ - 1998 9 20 5.000 700 1,089 5 55.56% 1999 12 ZO 1,700 225 390 5 41.67% 2000 12 20 42,000 2,600 7,754 8 88.8796 2001 12 20 5,000 285 793 5 41.67% 2002 14 4 5,800 97 506 1 .7.1496 2003 - - - _ _ _ _ Z. f. f2 GREENF/ELD CREEK The fecal co6foma concentration in Greenfield Creek ranged from 14 to 10,500 counts/100mL and averaged 1,237counts/100mL during the period of observation. Nigh fecal colitorm concentrations in 2007 were correlated with 3-day precipitation (e.g., when 3-day preapitation was 2.66 inches, fecal coliform concentration was 10,500 counts/100mL at Sthtion 21FLA 20030809 on October 3, 200. The -data from Station 21 FLJXWQGCI were used to obtain long-term annual and seasonal fecal coliform averages and percent exceedanoes. No long- term temporal trends were observed (Table 19). Episodic peak fecal colifomt concentrations. occurred throughout the period of observation, and the average concentration in the creek neither increased nor decreased ~~*~XX 20tpe). TABLE f9.' SUMrYARYOF GREENFII=LD CREEK FECAL COL/FORM DATA BY YEAR FOR THE NER/F/ED PER/OD (JANUARY f, ,200E-/uwE 30, 2008) r of samples n courts sro #/100mL. 2001 4 40 600 -285 303 1 2596 2002 4 120 1,800 286 623 1 25% 2003 4 50 4,000 380 1,203 2 5096 2004 2 100 2,500 1,300 1,300 1 50% 20 AGENDA ITEM # 8E JANE 14, 2010 DRAFT Low~atr a'ti . JoNna River Tei~tarias Basin Mana~anw~t Action Plan 11-Maur 2010 4.2.3.6 Moncrief Creek Monitoring Network FDEP- will be responsible for monitoring in Moncrief Creek. Table 30 lists the stations that will be sampled. 21FWXWOTR318 Trend Quarterry 33"° Street FDEP 21 FLR 20030728 Trend Quarterly Moncrier Creek at Moncrier Road FDEP New station Bourne assessment Monthly Soulhweetem branch at West 18s' Stroet -FDEP New station Source aessssrnsnt Morrthly Nwtt+sastem branch at West 63n° Street FDEP 4.2.3.7 Hopkins Crtaek Monitoring Network COJ, Atiarttic Beach, Jacksonvfile Beach, and Neptune Beach will be responsible for monitoring in Hopkins Creek. Table 31 fists the stations that will be sampled. Teal c3i• Ynsurnwwr_ Sre~muu~ke m ilnor~ue re~rr 21FLJXWQIWWH Trend Quarterly Kings Road COJ 21 FLA 20030897 Source assessment Monthly Hopl6ns Creek at At~rrfic Boubvard ~~ Beach Nsw station Bourne assessment Monthly Main chanrrel at Penman Road Neptune Beach Southeastern tuanch at New sbtion Source asseesrrient Monthly Avenue North (Seagate Avenue Jacksonville Beach New station Source assessment Morrlhry Southweslsm branch at Jacksonvile Beach TaNwood Road 4.2.3.8 Sherman Creek Monitoring Network COJ, NS fNaypott, and Atlantic Beach will be responsible for monitoring in .Sherman Creek. Table 32 lists the stations that wilt be sampled. Through cooperation on TMDL-related data ootledion, FDEP and stakeholders have consistently used similar standard operating procedures (SOPS) for field sampling and lab analyses. This consistency will continue into the future. to ensure that data can be used not only 32 4.2.4 QUAL/TI'AssuRANCE/QuAL/TYCONi7?oL