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Exh 8BAGENDA ITEM #8B MARCH 28, 2005 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT • AGENDA ITEM: Information Paper on Hopkins Creek and Potential Future Impacts of Stormwater TMDL limits SUBMITTED BY: Rick Carper, P.E., Public Works Director DATE: March 11, 2005 • BACKGROUND: Acquisition of land for pond construction has been delayed because of . differences in the City's and Sunrise Community Church's land value appraisals. The City recently obtained a copy of the church's appraisal and is having a • review of all three appraisals done by a SJRWMD recommended appraisal firm. Results of this review are expected early next week. .. There has been some question raised recently about whether this project was still needed because the area has not flooded recently. The last severe flooding of the Hopkins Creek tributary area occurred in June 2002. This flooding . , included the Aquatic Gardens development, Saratoga and Forrestal Circles and the Stanley Road area. From the Stormwater Master Plan Update, it resulted from a rainfall event roughly equivalent to the'mean annual storm' or 5° of rain within a 24-hour period. Since that event, there has been one occurrence of a more concentrated storm (6.07„in June 2004 - JIA data), where flooding did not . , occur. There have been no structural improvements to the drainage systems in the basin since FDOT added an additional barrel to the box culvert under Atlantic • Boulevard in 1999. JIA rainfall data indicates the last storm of 10 year magnitude (7.5" in 24 hours) • occurred in 1992. The fact that flooding in the Hopkins Creek basin has not reoccurred in several years is statistical chance, not due to any improvements made. CDM will make a presentation on alternatives to constnacting the proposed detention facility at Hopkins Creek to the commission at the March 28th meeting. Related information: Because of the water quality benefits~achieved by Hopkins Creek (in addition to the flood control benefits). Sformwafer -Total Maximum Daily Loads (TMDL) -Discharge limits on stormwater (treated and untreated) could be implemented in the near future when the Lower St Johns River Basin (LSJRB) Basin Management Action Plan (BMAP) process • begins to set discharge allocations for both point sources (e.g., waste water treatment plant effluent) and non-point sources (storm runoff). A proposed initial starting point for runoff is to require all municipal entities to treat 45% of their • developed area to new construction standards. If this does not reduce discharge loading below the required limits, the next step proposed is to require 90% of • ~ developed area to be treated. An estimated 35% of Atlantic Beach currently receives same level of stormwater treatment, although many privately owned systems are not being maintained. Building the Hopkins Creek Detention AGENDA ITEI~1 #8B IYIARCH 28, 2005 Facility would add 53 acres (2.5%) to the treated area of Atlantic Beach. The • Public Works Director has begun an inspection program for privately maintained ponds and is advising owners to restore the ponds to design standards. • A 2001 study by the City of Tallahassee Stormwater Management Division estimated a cost of between $6500 and $8000 per acre of watershed to add • treatment, excluding land costs. 45%-35% = 10% of 2100 acres requiring treatment. Potential cost for Atlantic Beach - 210 acres x $8000/acre = $1.68 million. This also does not include the cost of upgrading existing treatment • ~ facilities to current new construction standards. BUDGET: No immediate budget impact. • RECOMMENDATION: None, for Commission information only. ATTACHMENTS: Total Maximum Daily Loads -Guidance for Local Officials Pamphlet REVIEWED BY CITY MANAGE AGENDA ITEM #8B MARCH 28, 2005 Total ax~ctt~m Guidance For Local O, fficials AP@ You Ready.' Cooperatively pt~dtrced by Florida Sto~mwater Associntion Florida Department of Environmental Protection What is the TMDL Program? The Total Maximum Daily Load (TMDL) Program is a federally required water quality program administered by the Florida Department of Environmental Protection (DEP) under the Florida Watershed Restoration Act (Section 403.067, Florida Statutes). Through the program, DEP works closelywith affected stakeholders to determine howto reduce targeted pollutant loadings to restore the legally designated uses (e.g., drinking water, fishing, swimming, sliellFsh harvesting) of the polluted waters. What are TMDLs? ATMDL is the maximum amount of a pollutant that a waterbody can receive and maintain its designated uses. A given waterbody may have several TMDLs -one for each targeted pollutant (phosphorus, coliforms, nutrients, etc.}. Under the Florida Watershed Restora- tionAct, TMDLs must be developed for all waters that do not meet their desig- nated uses due to human impacts and, consequently, are defined as "impaired:' The primary sources of these human- h~duced impairments are pollutants in urban stormwater, agricultural runoff, and permitted industrial and municipal wastewater treatment plants. ATMDL, or a waterbady's assimilative capacity, is scientifically derived, typically using existing monitoring data and water quality models or empirical relationships between the pollutant load and the waterbody's response. The final TMDL provides a margin of safety that accounts for uncertainty in the analysis. What distinguishes the TMDL Program from other state water quality programs? The issues that the TMDL Program addresses are not new Nonpoint sources, such as stormwater and agricultural runoff, and point sources, such as industrial wastewater outfalls, have created water quality concerns in Florida for decades and have been addressed in various ways. However, theTMDL Program does bring something new to existing local, regional, and state water quality protection efforts by establishing water quality targets, or actual pollutant load limits, that indicate haw much of a pollutant a lake, river, stream, or estuary can absorb and maintain its designated use. Before establishing these targets, DEP identifies the location, nature, and degree of impairments; the pollutants of concern; and, as much as possible, the pollutant sources. In implementing the TMDL Program, DEP is taking an open, broad-based approach to local stakeholder involve- ment, awatershed management approach. The intent is to build on and strengthen local efforts to protect and restore water quality. The TMDL Program will add emphasis to stormwater management What are the federal and state laws governing TMDLs? Section 303(d) of the Clean WaterAct (33 United States Code) requires states to identify impaired waters and the pollutants causing the water quality impairment, The state must then establish a TMDL for each identified pollutant. Though these federal requirements were enacted in the early 1970's, theywere not implemented in most states until citizen and environmental groups filed a number of successful lawsuits in the mid-1990's. In Florida, DEP prepared a planning list in 199f3 of potentially impaired waters (the 199t1303(d) list) and submitted the list to the U.S. Environmental Protection Agency (EPA}. In 1999, the settlement of a lawsuit h~ Florida against the EPA by Earth)ustice resulted in a consent decree that established athirteen-year sched- ulefor EPA to complete TMDLs for certain waters on Florida s planning list. Later in 1999, the Florida Legislature passed the Florida Watershed Restora- tionAct, establishing the framework attd requirements for implementing a state TMDL Program. The Act directed DEP to adopt by rule (the "Impaired Surface Waters Rule') a scientific methodology to determine whether a waterbody is indeed "impaired," and required DEP to adopt'1'MDLs by rule. IIow and when are TMDLs established? 1'MDLs are developed, allocated and implemented through a watershed management approach (managing water resources within their natural boundaries) that addresses the state's 52 major hydrologic basins in five groups. Each group will undergo a cycle of five phases an a rotating schedule: Phase 1: Preliminary Evaluation of Water Quality Phase 2: Strategic Monitoring and Assessment to Verify Water Quality Impairments Phase 3: Development and Adoption of TMDLs for Waters Verified as Impaired Phase 4: Development of a Basin ManagementAction Plan to Achieve TbiDLs Phase 5: Implementation of the Plan and Monitoring of Results Basins by Group and DEP District Office DEP Group 1 Group 2 Group 3 Group 4 Group 5 District Basins Basins Basins Basins Basins ~ Ochlockonee- Apalachicola- Choctawhatchee Pensacola Bay Perdido Bay 5t. Matlos Chlpola St Andrews Bay NE Suwannee Lower 5t Johns Nassau ast E Uppe St Marys a ~ CCoo CaMral Ocklawaha Middle St. Johns Upper St. Johns Kissimmee Indian River Lagoon ~ Tampa Bay Tampa Bay Sarasota Bay- Withlacoochoe Springs Coast Tributaries Peace Myak S Everglades Charlotte Caloosahatchee Fisheating Florida Keys West Coast Harbor Creek Lake St. Lucie- Lake Worth Southeast Coast Everglades gE Okeechobee Loxahatchee Lagoon- Buscayne Bay Palm Beach Coast A consent decree established the f rst formal TMDLs in Florida in 1999. Solutions twill involve short and long teen projects. 77~is wet detention pond provides both physical and biological treatment of stormiuater. Basin Rotation Schedule For TYIDL Development and Implementation Year 00 01 01 02 02 03 03 04 04 05 05 06 06 07 07 08 08 09 09 10 Group 1 Phase 1 Phase 2 Phase 3 Phase 4 Phase 5 Phase 1 Phase 2 Phase 3 Phase 4 Phase 5 Group 2 Phase 1 Phase 2 Phase 3 Phase 4 Phase 5 Phase 1 Phase 2 Phase 3 Phase 4 Group 3 Phase 1 Phase 2 Phase 3 Phase 4 Phase 5 Phase 1 Phase 2 Phase 3 Group 4 Phase 1 Phase 2 Phase 3 Phase 4 Phase 5 Phase 1 Phase 2 Group 5 Phase 1 Phase 2 Phase 3 Phase 4 Phase 5 Phase 1 1st Five-year Cycle -High Priority Water 2nd Five-year Cycle -Medium Priority Water What about TNIDLs established by EPA? There are a number of TMDLs that EPA will be proposing in Florida in order to satisfy the consent decree with Earthlustice. T'he legal status ofEPA- generated TMDLs is not yet clear, as neither the Florida Watershed Restora- tion Act nor the consent decree address their implementation. IIow are TMDLs implemented? 7tvo key steps in implementing TMDLs in a basin are: 1. Allocating detailed pollutant load reductions, based on the initial alloca- tions in the TMDL. To reduce pollutant loadings to achieve a TMDL, each point and nonpoint source discharging a pollutant of concern must be reduced in an equitable manner. TMDLs include an "initial allocation' of pollutant load reductions between point and nonpoint sources. In most cases, this initial allocation will need to be broken down into more detail, to assign responsibility for specific reductions. Future growth must be considered in the allocation process. 2. Developing a basin management action plan (B-MAP) that reflects the detailed allocations and contains short- term and long-term projects and activities to achieve the applicable TMDLs in the basin, along with a strategy for monitoring, follow-up, and hwtlnMl _. .t ., ~.. ~ ~~ M:f11Y~1) ~ .,~ ~I it ,-. ©~:i'1 G's.~:i C.~ ,:.., ~~ , vxc •" ~" Lu,ir~.~a . ~v„cv`~ ~_ .~,t y ;.>.. ~_..~ r.. ~,. U~~'.L~J WJ.1;,, c>..; -. 6nah plan revision. Implementing corrective actions and achieving TMDLs may take many years. During Phases 3 and 4 of the watershed management cycle, DEP and basin stakeholders will jointly develop strategies to implement the reductions assigned in the allocation process. These will be expressed in the B-MAP. The development of the B-MAP is an opportunity for affected stakeholders to cooperate, coordinate, and negotiate on the best and most cost-effective ways to achieve a TMDL A wide variety of approaches may be used. An important element of a B-MAP will be the identification of funds and potential funding mechanisms to achieve load reductions. State and federal funds may be available to finance some projects and activities. Many of the management actions addressed in the B-MAP may come from existing plans and projects. The load reductions reasonably expected from these existing or planned efforts maybe credited toward the reductions heeded to meet the applicable TMDL Stake- holders will then identify additional projects and activities to complete the needed reductions. In some basins, a B- MAPmay incorporate or be incorpo- rated into an existing watershed management plan. What are the implications of the TMDL Program for local governments? Costs. The greatest impact to local govern- ments likely~vill stem from the sizable costs of implementing projects and activities to achieve TMDLs. Stonnwater regulations to this point have largely addressed future develop- ment. Reducing pollutant loadings to meet TMDLs may require retrofitting stormwater and wastewater systems. According to several studies, fiscal impacts on many city and county governments will generally range from 57,500 to more than 512,000 per acre to build stormwater treatment facilities to retrofit urbanized areas. The Florida stormwater Association estimates that the cumulative retrofit costs would be between 51 billion and S5 billion, and probably much higher, if local governments were to achieve the current standards for future develop- ment in 90 percent of urban areas in Florida. These estimates do not consider the need to address discharges from wastewater treatment plants, septic tank systems, or agricultural lands. Benefits. In addition to improving water quality, the TMDL Program will: • Produce better monitoring and more effective use of existing and new water quality information. • Provide restoration targets and help define responsibility for management actions. • Build on and strengthen existing restoration efforts of local govern- ments, water management districts, established coalitions, DEI; and others. • Focus funding and other resources on priority water resource problems. • Trigger improvements in stormwater management by local governments, hiduslry, agriculture, private develop- ments,businesses, and others. • Stimulate new approaches to land use design and development that mini- mize associated water resource problems. • Help establish better working relation- ships among citizens and public and private organizations that deal with water quality issues. 77ie costs to reduce pollutant loadings are expected to be high. 77ie biggest focal impacts involve large retrofit programs within urbanized areas I-Iow and when do I get involved? TMDLs and watershed restoration are part of state and federal water policy. They will significantly affect local government budgets and the ways in tvhicli water quality programs operate in Florida. Although Florida is ahead of the starmwater management game com- pared to most other states, achieving TMllLs will be an expensive endeavor. City and county officials need to develop local strategies to address 1'MDLs. To participate in the TMDL Program successfully, local officials should take the following steps, in partnership with other stakeholders attd DEP: 1. Engage Learn the status of the ~vaterbodies in your jurisdiction (i.e., are they poten- tiallyimpaired, verified as impaired, or not classified either tivay?) and where iltey fall in the basin rotation schedule. Have your staff coordinate with DEP technical staff to ensure that your local water quality data is considered in assessing whether waters in your area are impaired. Review and comment on planning lists and draft verified lists of potentially impaired waters and draftTMDLs for waters in your basin. 2.Initiate and Participate Your leadership will ensure that the TMDL Program addresses local issues and concerns. Work with DEP to determine how stakeholders in your community can be involved most efTectively in the TMDL Program and to create a stakeholder group. Educate stakeholders in your communi- ties about TMDLs and horv they might be addressed. Make them aware of opportunities to provide input during the development of TMDLs, allocations, and basin management action plans. Establish working committees of community leaders and interest groups so that their input can be obtained throughout the five-phase process. 3. DocttmentActivities Work with DEP to compile information on the water quality improvement T1ee basimuide approach will encourage partnerships beaueen stakeholders to achleue water q«ality goals. .. ^. ,~ y , ~ .. ~. - --.. _ . ._ ,~ . ;.. _ a+~ .. -•~ - .. _. -~ v ~• .. -~ '. _. a ~f l`~~~ ~ ~ 4i~ ~ '• 1 ` ~ . .. ~ ~ w ~~~ ~; ~_ ' ,'r _..~. ~. . ~___ _ _..._ r.' __ ._ .._.~.~ projects and activities your jurisdiction has underway or are planned that may help achieve TMDLs. This information will be used in determining what load reductions can be expected from current efforts and what further reductions are needed. 4. Assess Options Evaluate your community's options for further improving water quality. Through the development of the B-MAP, stakeholders will help each other determine cost-effective ways to achieve TMDLs. 5. Develop Financing Alternatives Begin to think about long-term strate- gies for financing TMDL costs. What are appropriate sources of revenue to fund TMDLs? Have you established a stormwater utility? I~~ -~ ~ ~., a ,~ , Communities with active stormwater management and water quality monitoring programs in place are better positioned to deal with the TMDL requirements. ~J 1 w:.w~r - i • - ~ ~ i 1 When? NOW! Early involvement will give local government a strong voice in determin- ingthe pollutant load reduction strate- gies proposed in Basin Management Action Plans, ensuring consideration of local goals and constraints. If you are already part of a TMDL stakeholder process in your basin, you may still have questions or need additional assistance. If you are not aware of any stakeholder activities, you can check with DIrP to see what the status of the TMDL process is in your basin. I-Iow are stakeholders being involved? DEP's approach to stakeholder involve- ment is towork through existing forums and processes where practicable, and initiate new processes where necessary, to build consensus on howTMDLs should be achieved. Stakeholders have a crucial role in determining detailed pollutant load reduction allocations and developing and implementing B-MAPs. Ideally, the TMDLimplementation process will be driven at the local level, with DGP's involvement and guidance. In step with the basin rotation schedule, DEP is building on or initiating stake- holderprocesses around the state in areas such as the Lower St. Johns River Basin, the Upper Ocklawaha River Basin, the Orange Creek Basin, the Tampa Bay Basin and its tributaries, the St. Lucie- LoxaltatcheeRiver Basin, the Oclilockonee-St. Marks River Basin and others. The approach to stakeholder involvement in each basin is based on the characteristics and needs of the area. 77ie approach to stakeholder inuoluement in each basin is based on the characteristics and needs of the area. Stakeholders have a critical role in determining the pollutant load reduction allocations within theirbasin. DEP Contacts The following section lists some DEP contacts and Internet sites drat will provide you with or direct you to the information you need. Administrative Staff Eric Livingston, Bureau Chief, Water Resource Management- (850) 245-8430 Daryll Joyner, TMDL Program Adminnistrator- (B50) 245-8431 Jan Mandrup-Poulsen, Watershed Assessment Section Administrator- (850} 245-8448 Fred Calder, Watershed Coordination and Planning Section Administrator - (850)245-8555 Basin Coordinators Soudnwest Florida and t}ne Everglades Ecosystem Pat Fricano - (850} 245-8559 pat.fricanoC~dep.state.fl.us Southeast Florida Dan Apt - (305) 795-3486 daniel.aptC~dep.state.fl.us Northwest and Central Florida, MaryPaulic-(850) 245-8560 mary. paulicC~dep.state.fl.us Northeast Florida and Suwannee- Ochlockonee-St. Marks Basins, John Abendroth- (850} 245-8557 john.abendrothC~dep.state.fl.us West Central Florida and Tampa Bay Region, Tom Singleton - (850} 245-8561 thomas.singletonC~dep.state.fl.us District Office Contacts DEP Northwest District Office, Barbara Ruth- (850) 595-8300, ext. 1115 barbara.ru dnC~dep. state.fl. us DEP Northeast District Office, Jim Maher - (904) 807-3352 jim.maherC~dep.state.fl.us DEP Central District Office, Chris Ferraro - (407) 894 -7555 chris.ferraro @d ep.state. fl.us DEP Southwest District Office, Cece Mckiernan - (813)744-6100 cece.mckiernanCJdep.state.fl.us DEP Southeast District Office, Jose Colas- (561) 681-6704 jose.calasC~dep.state.fl.us DEP South District Office, Karen Bickford - (941) 575-5814 karen.bickfordC~dep. state.fl.us TMDL Information U.S. Environmental Protection Agency www epa.gov/owow/tmdl / policyhtml Florida Department of Environmental Protection www depstate.fl.us/water/tmdl Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy rvwtiv.floridaagwaterpolicycom Florida Stot7rtwaterAssociadon www.florida-stormwater.org Managing the Environmental Impacts of Grotivth and Development Low Impact Development Center (Beltsville, Maryland} www.lowimpactdevel opment.org Smart Growth Network wwv/ smartgrowth.org National Small Flows Clearinghouse www nesc.wvu.edu/nsic FloridaYards and Neighborhoods (Handbook) http:/ /hort.ifas.ufl. edu /fyn/ handb o ok.p df Nonpoint Education for Municipal Officials vvr~v~vnemo.uconn.edu EPA Information on Low-Impact Development wv~nv.epa.gov/owow/ nps /lid Eight Tools of Watershed Protection in Developing Areas (EPA Watershed Academy) ~vww.ep a.gov/watertrain.pro tection/ d.html Model Ordinances to Protect Local Resources www.epa.gov/owow/nps /ordinance EPA Programs and Resources for Smart Growth www.epa.gov/livability Information on Funding Sources Catalog of Federal Funding Sources for Watershed Protection www epa.gov/owow/watershed/ wacademylfund.html Florida Stormwater Association www.florida-sto rmwater.org