Final Pathogen TMDL for the
                 Buzzards Bay Watershed
                         March 2009
                          CN: 251.1
          Buzzards Bay Watershed
                Prepared as a cooperative effort by:
    Massachusetts DEP
      1 Winter Street
Boston, Massachusetts 02108
USEPA New England Region 1
1 Congress Street, Suite 1100
Boston, Massachusetts 02114
                           *,.',,=,.-,.;,„„.,,,m
                        ENSR International
                     2 Technology Park Drive
                       Westford, MA 01886

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                                NOTICE OF AVAILABILITY
            Limited copies of this report are available at no cost by written request to:

              Massachusetts Department of Environmental Protection (MassDEP)
                            Division of Watershed Management
                                     627 Main Street
                             Worcester, Massachusetts 01608
This report is also available from MassDEP's home page on the World Wide Web.
                     http://www.mass.gov/dep/water/resources/tmdls.htm

A complete list of reports published since 1963 is updated annually and printed in July.  This list,
titled "Publications of the Massachusetts Division of Watershed Management (DWM) - Watershed
Planning Program, 1963-(currentyear)", is also available by writing to the DWM in Worcester.
                                      DISCLAIMER

References to trade  names, commercial  products,  manufacturers, or distributors  in this  report
constituted neither endorsement nor recommendations by the Division  of Watershed Management
for use.

Much of this document was prepared using text and general guidance from the previously approved
Neponset River Basin and the Palmer River Basin Bacteria Total Maximum Daily Load documents.

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                                ACKNOWLEDGEMENTS
This report was developed in part by ENSR, International Inc. through a partnership with Resource
Triangle Institute  (RTI) contracting with the United States Environmental Protection Agency (EPA)
and the  Massachusetts Department  of  Environmental  Protection  Agency  under the National
Watershed Protection Program.

Thanks is also given to our colleagues at the Massachusetts Office of Coastal Zone Management
(MCZM),  the Division of Marine Fisheries (DMF), and to the City of New Bedford Shellfish Warden
for providing important data and information needed to develop this report.

Finally, special recognition is given  to Dr. Joseph  Costa from the Buzzards Bay National  Estuaries
Program for allowing MassDEP to use important data and stormwater mapping previously published
in the  "Atlas of Stormwater Discharges in the Buzzards Bay Watershed". That document represents
a premier effort to begin the work of identifying hotspot bacterial sources of pollution.

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Total Maximum Daily Loads for Pathogens within the Buzzards Bay Watershed
                    Location of the Buzzards Bay
                          Watershed
Key Features:
Location:
Land Type:
303(d) Listings:
Pathogen TMDL for the Buzzards Bay Watershed
EPA Region 1
New England Coastal
Pathogens
Acushnet River (MA95-31, MA95-32,  MA95-33); Agawam River (MA95-29); Apponagansett Bay
(MA95-39); Aucoot Cove (MA95-09); Beaverdam Creek (MA95-53); Broad Marsh River (MA95-49);
Buttermilk Bay (MA95-01); Buttonwood Brook (MA95-13); Cedar Island Creek (MA95-52); Clarks
Cove  (MA95-38);  Crooked River (MA95-51); East Branch Westport River (MA95-40;  MA95-41);
Hammett Cove (MA95-56); Miller Cove (MA95-10); Mattapoisett Harbor (MA95-35); New Bedford
Inner  Harbor (MA95-42); Onset Bay (MA95-02); Outer New Bedford Harbor (MA95-63); Sippican
Harbor (MA95-08); Sippican River (MA95-07); Slocums  River (MA95-34); Snell Creek (MA95-45);
Wankinco River (MA95-50); Wareham River (MA95-03); West Branch Westport River (MA95-37);
Westport River (MA95-54); Weweantic  River (MA95-05); Snell Creek (MA95-44); Snell Creek
(MA95-59); Mattapoisett River (MA95-60); Nasketucket Bay (MA95-65); Little Bay MA95-64); Bread
and Cheese  Brook (MA95-58);  Buzzards Bay (MA95-62); Eel Pond (MA95-61); Cape Cod Canal
(MA95-14); Eel Pond  (MA95-48); Back  River (MA95-47); Phinneys Harbor (MA95-15); Pocasset
River  (MA95-18);  Pocasset Harbor  (MA95-17); Red Brook Harbor (MA95-18);  Herring Brook
(MA95-21); Harbor Head  (MA95-46); Wild Harbor (MA95-20); West Falmouth Harbor (MA95-22);
Great  Sippewisset  Creek (MA95-23);  Little Sippewisset Marsh   (MA95-24); Quissett  Harbor
(MA95-25).

Data Sources: MassDEP "Buzzards Bay Watershed 2000 Water Quality Assessment Report"
                 0  MA Division of Marine Fisheries Shellfish Data
                 0  MA Department of Public Health Beaches Data
                 []  MA Coastal Zone Management (CZM) "Atlas of Stormwater Discharges in
                    the Buzzards Bay Watershed"
Data Mechanism:
 Massachusetts Surface  Water Quality Standards for Fecal Coliform; The
 Federal BEACH Act;  Massachusetts Department of  Public Health Bathing
 Beaches; Massachusetts Division  of Marine Fisheries Shellfish Sanitation
 and Management; Massachusetts Coastal Zone Management

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Monitoring Plan:     Massachusetts Watershed  Five-Year Cycle;  Division  of Marine  Fisheries
                    Shellfish data; Department of Public Health  Beaches data;  Coastal Zone
                    Management data.

Control Measures:   Watershed  Management; Storm Water Management (e.g., illicit discharge
                    removals, public education/behavior modification); CSO & SSO Abatement;
                    Agricultural  and other BMPs;  No Discharge  Areas;  By-laws; Ordinances;
                    Septic System Maintenance/Upgrades
                                           IV

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Executive Summary

        Purpose and Intended Audience
This document provides a framework to address bacterial and other fecal-related pollution in surface
waters of Massachusetts. Fecal contamination of our surface waters is most often a direct result of
the improper management  of human wastes,  excrement from barnyard animals,  pet feces and
agricultural applications of manure.  It can also result from  large congregations of birds such as
geese  and gulls.   Illicit  discharges of boat waste  are  of  particular concern in  coastal  areas.
Inappropriate disposal of human and animal wastes can degrade aquatic ecosystems and negatively
affect public health.  Fecal  contamination can  also result in closures of shellfish  beds, beaches,
swimming holes  and drinking water supplies.  The closure of such  important public resources can
erode quality of life and diminish property values.

Who should read this document?

The following groups and individuals can benefit from the information in this report:

    a)  towns and municipalities, especially Phase I and Phase  II storm water communities, that are
       required  by  law  to address  storm water discharges and/or combined sewage overflows
       (CSOs)  and  other  sources  of contamination (e.g., broken  sewerage  pipes  and  illicit
       connections) that contribute to a waterbody's failure to  meet Massachusetts Water Quality
       Standards for pathogens;

    b)  MassHighway  and  other  state and  local  highway  agencies that are   responsible for
       stormwater management and contributes stormwater to  local surface waters..

    c)  watershed groups that  wish  to  pursue funding to identify and/or mitigate sources  of
       pathogens in their watersheds;

    d)  harbormasters,  public  health  officials  and/or  municipalities that  are  responsible  for
       monitoring, enforcing or otherwise mitigating fecal contamination that results in beach and/or
       shellfish closures  or results in the failure of other surface waters to meet Massachusetts
       standards for pathogens;

    e)  citizens that wish to become more aware of pollution issues and may be interested in helping
       build local support for funding remediation measures.

    f)   government agencies that provide  planning, technical assistance,  and funding to groups for
       bacterial remediation.

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        Major Bacteria Sources and Prioritized Areas
During the last decade, municipalities have made significant investments and progress in controlling
bacteria impacts to the various rivers, tributaries and estuary areas in The Buzzards Bay watershed.
For example, the  City of New Bedford has made substantial  progress in addressing CSO's since
1989. There are currently 27 CSO  outfalls (formerly 41 in 1989) discharging into Clark's Cove,
Acushnet River, New Bedford  Harbor, and Buzzards Bay  (Shepherd 2007).  Improvements have
resulted in the reopening of two shellfish beds, which have been closed for 30 years. Work towards
mitigating CSO impacts is ongoing and part of the City of New Bedford's long term CSO control plan.
The City was awarded $ 22 million in FY '07 SRF funds for implementing these long- term controls
and is on the 2009  state intended  use  plan for $19.3 million of SRF  funds to reduce CSO  by
removing major grit blockages within the system.

The majority of segments (45 out of 52) covered in this document are currently on the State list of
Impaired Waters (303d list) for pathogen impairment and are  located within estuary areas that are
either classified as SA or SB and designated for shell fishing  with or without depuration.  The vast
majority are classified as SA waters which are designated for swimming and shellfish harvesting
without additional treatment. In order for estuary areas to meet SA and SB standards, extraordinary
work is necessary to  detect specific bacteria sources, and remediate them. The goal of this work is
to reopen closed shellfishing areas and protect existing shellfishing areas from degradation.

The  primary sources of bacteria appear to  be; (1) illicit connections, leaking  sewer  pipes, and
sanitary sewer overflows in sewered areas; (2) failing septic systems around  embayment's in non-
sewered areas; and  (3) stormwater runoff. Illicit  connections, leaking  sewer pipes, and sanitary
sewer overflows must be detected (sources) and eliminated. The majority of these sources can  be
found through the  implementation of an  effective illicit detection and elimination program and  by
monitoring  dry  weather  discharges  in  suspected areas.  A comprehensive program needs  to  be
conducted to find sources to bacteria hotspots in the stormwater systems of many communities. The
Phase II Stormwater program, required  in at least parts of  all  the communities, is an  excellent
conduit to do this work.

In regards to stormwater, the Buzzards Bay Watershed has many organizations, public and private,
devoted to  the sole goal of water quality  improvement. These  organizations include: The  Buzzards
Bay Action Committee, The  Coalition of Buzzards Bay, Buzzards Bay Project National  Estuaries
Program, MassDEP,  MACZM,  DMF, EPA, and the municipalities themselves. The Buzzards Bay
National Estuaries Program produced a document, "Atlas of Stormwater Discharges in the Buzzards
Bay Watershed", which represents a premier effort to begin the work of identifying hotspot bacterial
sources of pollution.  This detailed effort is often  referenced  throughout this report. Over  2,600
drainage pipe and road cut discharges  are  documented and,  based on ranking of scores were
prioritized into high, medium, or low for remediation  activity, Additionally, 12,700 catch basins were
also inventoried. In addition, over 37,000 fecal coliform data  points were collected by the Division of
Marine Fisheries (DMF) in estuarine areas from 1997-2001. The impetus of all these efforts is aimed
at providing specific data to help prioritize  efforts to improve the water quality in SA and SB waters,
                                            VI

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so that many of the shellfish areas now closed can  reopen. The challenge now is to identify and
devote the resources necessary to identify and remediate specific sources in high priority areas.

In addition to identifying the loads necessary to  meet water quality standards this TMDL provides
guidance for setting bacterial implementation priorities within the  Buzzards  Bay Watershed. Table
ES-  1 below provides a prioritized list of pathogen-impaired segments that will require additional
bacterial source tracking work and implementation of Best Management Practices (BMPs). Although
ambient water quality  data  is available, limited source information and data are available in each
impaired segment. As  a result a simple scheme was  used to prioritize segments based on ambient
fecal coliform concentrations. High priority was assigned to those segments where either dry or wet
weather concentrations (end of pipe or ambient)  were equal to or greater than  10,000 cfu /100 ml.
Medium priority  was  assigned to  segments where  concentrations ranged from 1,000 to 9,999
col/1 OOmL.  Low  priority was assigned to segments where concentrations were observed less than
1,000 col/100  ml.  MassDEP  believes  the higher concentrations are indicative  of the potential
presence or raw sewage and therefore they pose a greater risk to the public. It should be noted that
in all cases, waters  exceeding  the water quality standards identified in Table ES- 1 are considered
impaired.

Prioritization was adjusted upward based on the proximity of waters, within the segment, to sensitive
areas such  as Outstanding Resource Waters (ORWs), or where sensitive designated uses must be
protected.  Examples include, but are not limited  to public water  supply intakes, public swimming
areas, or shellfish areas. Generally speaking, waters that were determined to be lower priority based
on the numeric range  identified above were elevated up one level of priority if that segment were
adjacent to or immediately upstream of a sensitive area. An asterisk * in the priority column of the
specific segment would indicate this situation.

                 Table ES-1.  Bacteria Impaired Segment Priorities
Segment
ID
MA95-40
MA95-45
MA95-41
MA95-37
Segment
Name
East Branch
Westport River
Snell Creek
East Branch
Westport River
West Branch
Westport River
Length
(mi.) or
size
(sq.mi.)
2.85 mi.
0.67 mi.
2. 65 sq.mi.
1.28 sq.mi.
Segment Description
Outlet Lake Noquochoke, Westport to Old
County Rd. bridge, Westport. (Class B)
Drift Rd. to Marcus' Bridge in Westport.
(Class B)
Old County Road bridge, Westport to the
mouth at Westport Harbor, Westport
(excluding Horseneck Channel). (Class
SB, Shellfishing
restricted, 0.64/2.65sq. mi.)
Outlet Grays Mill Pond, Adamsville,
Rhode Island to mouth at Westport
Harbor, Westport. (Class SA, Shellfishing
open, but impaired 0.78/2.65sq.mi.)
Priority
Medium
Medium
High*
Shellfishing
High*
Shellfishing
                                            VII

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Segment
ID
MA95-54
MA95-34
MA95-44
MA95-59
MA95-31
MA95-32
MA95-33
MA95-42
MA95-63
MA95-38
MA95-13
MA95-39
Segment
Name
Westport River
Slocums River
Snell Creek
Snell Creek
Acushnet River
Acushnet River
Acushnet River
New Bedford
Harbor
Outer New
Bedford Harbor
Clark Cove
Buttonwood
Brook
Apponagansett
Bay
Length
(mi.) or
size
(sq.mi.)
0.74 sq. mi.
0.67 sq.mi.
1.5 mi.
0.01 sq.mi.
2.7 mi
1.10 mi.
0.31 sq.mi.
1.25sq.mi.
5.82sq.mi.
1.90sq.mi.
3.8 mi.
0.95sq.mi.
Segment Description
From the confluence of the East and West
Branches to Rhode Island Sound;
Bounded by a line drawn from the
southwestern point of Horseneck Point to
the easternmost point near Westport
Light. (Class SA, Shellfishing, open 0.5
sq.mi. .closed 0.78 sq.mi.)
Confluence with Paskamanset R.,
Dartmouth to mouth at Buzzards Bay.
(Class SA, Shellfishing open 0.01
sq.mi. .closed 0.66sq.mi)
Headwaters west of Main Street,
Westport, to Drift Road Westport
'Marcus Bridge', Westport to confluence
with East Branch Westport River,
Westport
Outlet New Bedford Reservoir to Hamlin
Rd. culvert, Acushnet. (Class B)
Hamlin Rd. culvert to culvert at Main St.,
Acushnet. (Class B)
Main St. culvert to Coggeshall St. bridge,
New Bedford/Fairhaven. (Class SB,
Shellfishing Restricted, entirely)
Coggeshall St. bridge to hurricane Barrier,
New Bedford/Fairhaven . (Class SB,
Shellfishing Restricted, entirely)
Hurricane Barrier to a line drawn from
Wilbur Point, Fairhaven to Clarks Point,
New Bedford . (Class SA, Shellfishing
Open, but entirely restricted)
Semi-enclosed waterbody landward of a
line drawn between Clarks Point, New
Bedford and Ricketsons Point, Dartmouth
(Class SA, Shellfishing Open, but entirely
restricted)
Headwaters at Oakdale St., New Bedford
to mouth at Apponagansett Bay,
Dartmouth. (Class B)
From the mouth of Buttonwood Brook to a
line drawn from Ricketsons Point, New
Bedford to Samoset St. near North Ave.,
Dartmouth. (Class SA, Shellfishing Open
but restricted 0.68sq.mi.)
Priority
Medium*
Shellfishing
Medium*
Shellfishing
Swimming
Medium
Medium*
Shellfishing
No Data
Medium
High*
Shellfishing
CSOs
High*
Shellfishing
High*
Shellfishing
Swimming
High*
Shellfishing
Swimming
Low
(no data)
Medium*
Shellfishing
Swimming
VIM

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Segment
ID
MA95-35
MA95-60
MA95-65
MA95-56
MA95-08
MA95-09
MA95-10
MA95-64
MA95-07
Segment
Name
Mattapoisett
Harbor
Mattapoisett
River
Nasketucket Bay
Hammett Cove
Sippican Harbor
Aucoot Cove
HillerCove
Little Bay
Sippican River
Length
(mi.) or
size
(sq.mi.)
1.10sq.mi.
0.05
3.7
0.07sq.mi.
2.0sq.
mi.
O.SOsq.mi.
0.04sq.mi.
0.36 sq.mi.
O.OSsq.mi.
Segment Description
From the mouth of the Mattapoisett R.,
Mattapoisett, to a line drawn from Ned
Point to a point of land between Bayview
Avenue and Grandview Ave.,
Mattapoisett. (Class SA, Shellfishing
Open, but restricted 0.1/1.1sq.mi.)
From the River Road bridge, Mattapoisett
to the mouth at Mattapoisett harbor,
Mattapoisett
From the confluence with Little bay,
Fairhaven to Buzzards bay along
Causeway Road, Fairhaven and along a
line from the southern tip of Brant Island,
Mattapoisett to the eastern tip of West
Island, Fairhaven
Hammett Cove, Marion to the confluence
with Sippican Harbor along a line from the
southwestern most point of Little Neck to
the end of the seawall on the opposite
point. (Class SA, Shellfishing impaired
0.02/0.07sq.mi.)
From the confluence with Hammett Cove
to the mouth at Buzzards Bay (excluding
Blakenship Cove and Planning Island
Cove), Marion (Class SA, Shellfishing
Open, but impaired 0.30 sq mi.)
From the confluence with Aucoot Creek,
Marion to the mouth at Buzzards Bay at a
line drawn between Converse Point and
Joes Point, Mattapoisett. (Class SA,
Shellfishing Open)
Area landward of a line drawn between
Joes Point, Mattapoisett and the second
boat dock northeast of Hiller Cove Lane,
Mattapoisett. (Class SA, Shellfishing
impaired 0.01 sq.mi.)
From the confluence with the Nasketucket
River, Fairhaven south to the confluence
with Nasketucket Bay at a line from the
southernmost tip of Mirey Neck, Fairhaven
to a point near Shore Drive.
County Rd. to confluence with Weweantic
R., Marion/Wareham. (Class SA,
Priority
Medium*
Shellfishing
Swimming
Medium*
Shellfishing
Medium*
Shellfishing
Medium*
Shellfishing
Swimming
Medium*
Shellfishing
Swimming
Medium*
Shellfishing
Medium*
Shellfishing
Swimming
Medium*
Shellfishing
Medium*
Shellfishing
IX

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Segment
ID

MA95-53
MA95-58
MA95-05
MA95-29
MA95-50
MA95-49
MA95-51
MA95-52
MA95-03
MA95-02
Segment
Name

Beaverdam
Creek
Bread and
Cheese Brook
Weweantic River
Agawam River
Wankinco River
Broad Marsh
River
Crooked River
Cedar Island
Creek
Wareham River
Onset Bay
Length
(mi.) or
size
(sq.mi.)

0.04sq.mi.
4.9 mi.
0.62sq.mi.
0.16 mi.
O.OSsq.mi.
0.16sq.mi.
0.04sq.mi.
O.OIsq.mi.
1.18sq.mi.
0.78sq.mi.
Segment Description
Shellfishing Open, all impaired)
Outlet from cranberry bogs of Rte. 6,
Wareham to confluence with Weweantic
River, Wareham. (Class SA, Shellfishing
restricted). (Class SA, Shellfishing all
impaired)
Headwaters, north of Old Bedford Road,
Westport to confluence with East Branch
Westport River, Westport
Outlet Horseshoe Pond, Wareham to
mouth at Buzzards Bay, Marion/Wareham.
(Class SA, Shellfishing Open, partially
impaired, 0.45sq. mi.)
From the Wareham WWTP to confluence
with Wankinco River at the Rte. 6 bridge,
Wareham. . (Class SB, Restricted)
Elm St. bridge, Wareham to confluence
with the Agawam R., at a line between a
point south of Mayflower Ridge Drive and
a point north of the railroad tracks near
Sandwich Rd., Wareham. (Class SA,
Shellfishing Restricted)
From its headwaters in a salt marsh south
of Marion Rd. and Bourne Terrace,
Wareham to the confluence with the
Wareham R. (Class SA, Shellfishing
Restricted)
From the outlet of a cranberry bog, east of
Indian Neck Rd., Wareham to confluence
with the Wareham R., Wareham. (Class
SA, Shellfishing Restricted)
From the headwaters near intersection of
Parker Dr. and Camardo Dr., Wareham to
the mouth at Marks Cove, Wareham.
(Class SA, Shellfishing Restricted)
Rte. 6 bridge to mouth at Buzzards Bay
(at an imaginary line from Cromset Point
to curved point east, southeast of Long
Beach point), Wareham. Includes Mark's
Cove, Wareham. (Class SA, Shellfishing
open, but partially restricted,
0.68/1.18sq.mi.)
Wareham. Class SA, Shellfishing open,
Priority

Medium*
Shellfishing
Medium
Medium*
Shellfishing
Medium*
Shellfishing
Medium*
Shellfishing
Medium*
Shellfishing
Swimming
Medium*
Shellfishing
Medium*
(No Data)
Shellfishing
Medium*
Shellfishing
Medium*

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Segment
ID

MA95-01
MA95-62
MA95-14
MA95-48
MA95-61
MA95-47
MA95-15
MA95-16
MA95-17
MA95-18
MA95-21
Segment
Name

Buttermilk Bay
Buzzards Bay
Cape Cod Canal
Eel Pond
Eel Pond
Back River
Phinneys Harbor
Pocasset River
Pocasset Harbor
Red Brook
Harbor
Herring Brook
Length
(mi.) or
size
(sq.mi.)

0.77
8.0
1.13
0.03
0.04
0.08
0.73
0.05
0.33
0.91
0.01
Segment Description
but partially restricted, 0.15/0.78sq.mi.)
Bourne/Wareham. Class SA, Shellfishing
open, but partially restricted,
0.16/0.77sq.mi)
Open water area encompassed within a
line drawn from Wilbur Point, Fairhaven to
Clarks Point, New Bedford to Ricketson
Point, Dartmouth to vicinity of Samoset
St., Dartmouth down to Round Hill Point,
Dartmouth, back to Wilbur Point,
Fairhaven
Connection between Buzzards Bay and
Cape Cod Bay in Bourne and Sandwich.
Salt water pond that discharges to Back
River, Bourne.
Coastal Pond at the head of Mattapoisett
Harbor, Mattapoisett
Outlet of small unnamed pond,
downstream from Mill Pond, Bourne to
confluence with Phinneys Harbor, Bourne
(excluding Eel Pond).
From the confluence with Back R. to its
mouth at Buzzards Bay between Mashpee
and Toby's Islands, Bourne.
From the outlet of Mill Pond, Bourne to the
mouth at Buzzards Bay, Bourne.
From the confluence with Red Brook
Harbor near the northern portion of
Bassett's Island and Patuisett to the
mouth at Buzzards Bay between Bassett's
Island and Wings Neck, Bourne.
From the confluence with Pocasset
Harbor between the northern portion of
Bassett's Island and Patuisett to its mouth
at Buzzards Bay between Bassett's island
and Scraggy Neck, Bourne (including Hen
Cove).
From its headwaters, northeast of Dale Dr.
and west of Rte. 28A, to its mouth at
Priority
Shellfishing
Medium*
Shellfishing
Medium*
Shellfishing
Medium*
Shellfishing
Medium*
Shellfishing
Medium*
Shellfishing
Medium*
Shellfishing
Medium*
Shellfishing
Swimming
Medium*
Shellfishing
Swimming
Medium*
Shellfishing
Swimming
Medium*
Shellfishing
Swimming
Medium
Shellfishing
XI

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Segment
ID


MA95-46

MA95-20




MA95-22



MA95-23
MA95-24

MA95-25


Segment
Name


Harbor Head

Wild Harbor



West Falmouth
Harbor

Great
Sippewisset
Creek
Little Sippewisset
Marsh

Quissett Harbor
Length
(mi.) or
size
(sq.mi.)


0.02

0.15




0.29



0.03
0.02

0.17



Segment Description
Buzzards Bay, Falmouth.
The semi-enclosed body of water south of
the confluence with West Falmouth
Harbor at Chappaquoit Rd., Falmouth.
Embayment extends from Point Road,
Nyes Neck to Crow Point at the end of
Bay Shore Road in North Falmouth
From the confluence with Harbor Head at
Chappaquoit Rd., Falmouth to the mouth
at Buzzards Bay at a line connecting the
ends of the seawalls from Little Island and
Chappaquoit Point, Falmouth (including
Snug Harbor).
From the outlet of Beach Pond in Great
Sippewissett marsh to the mouth at
Buzzards Bay, Falmouth, including the
unnamed tributary from the outlet of Fresh
Pond, and Quahog Pond, Falmouth.
From the headwaters north of Sippewisset
Rd., Falmouth to the mouth at Buzzards
Bay near Saconesset Hills, Falmouth.
The semi-enclosed body of water
landward of a line drawn between The
Knob and Gansett Point, Falmouth.

Priority



Medium,
Shellfishing

Medium*,
Shellfishing

Medium*
Shellfishing
Swimming



Medium*
Shellfishing
Swimming


Medium*
Shellfishing
Swimming
Medium*
Shellfishing

**lt should be noted that in Table ES-1 above, the Mass DEP included the last fourteen segments
(starting with MA 95-14 Cape Cod Canal and ending with MA 95-25 Quinsett Harbor), from the Cape
Cod Watershed to the  Buzzards Bay Watershed because the segments although  located on Cape
Cod actually discharge  to Buzzards Bay.
TMDL Overview
The  Massachusetts  Department of  Environmental  Protection  (MassDEP) is responsible  for
monitoring the waters of the Commonwealth, identifying those waters that are  impaired,  and
developing a plan  to  bring them back  into compliance with  the  Massachusetts  Water Quality
Standards (WQS). The list of impaired waters, better known as  the "303d list", and now part of the
Integrated List of Waters, identifies problem lakes, coastal waters and specific segments of rivers
and streams  and the reason for impairment.
                                           XII

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Once a water body is identified as impaired, the MassDEP is required by the Federal Clean Water
Act (CWA) to develop a "pollution budget"  designed to restore the health of the impaired body of
water. The process of developing this budget, generally referred to as a Total Maximum Daily Load
(TMDL), includes identifying the source(s) of the pollutant from direct discharges (point sources) and
indirect discharges (non-point sources), determining the maximum amount of the pollutant that can
be discharged to a specific water body to meet water quality standards, and assigning pollutant load
allocations to the sources.  A plan to implement the necessary pollutant reductions is essential to  the
ultimate achievement of meeting the water quality standards.

Pathogen TMDL:  This  report represents a TMDL for pathogen  indicators (e.g. fecal coliform,  E.
co//, and enterococcus bacteria) in the Buzzards Bay watershed. Certain bacteria, such as coliform,
£. co//, and enterococcus bacteria, are indicators of contamination from sewage and/or the feces of
warm-blooded wildlife (mammals and birds). Such contamination may pose a risk to human health.
Therefore, in order to prevent further degradation in water quality and to ensure that waterbodies
within the watershed meet state water quality standards, the TMDL establishes indicator bacteria
limits and outlines corrective actions to achieve that goal.

Sources of indicator bacteria in  the  Buzzards Bay watershed were found to be many and varied.
Most of the bacteria sources  are believed to be storm water related. Table ES-2 provides a general
compilation  of  likely bacteria sources  in  the Buzzards  Bay  watershed including  failing septic
systems,  combined sewer overflows (CSO), sanitary sewer overflows (SSO), sewer pipes connected
to storm drains, certain recreational activities, wildlife including  birds along with  domestic pets and
animals and direct overland storm water runoff. Note that bacteria from wildlife would be considered
a  natural condition unless  some  form  of human   inducement,  such as feeding, is  causing
congregation of wild birds or  animals. A discussion of pathogen related control measures and best
management practices are provided in the companion document: "Mitigation Measures to Address
Pathogen  Pollution  in  Surface  Water:  A  TMDL  Implementation  Guidance  Manual  for
Massachusetts".

This TMDL applies to the 52 pathogen impaired segments of the Buzzards Bay watershed that  are
currently  listed on the CWA § 303(d) list of impaired waters. MassDEP recommends however, that
the information contained in this TMDL guide management activities for all other waters throughout
the watershed to help maintain and protect existing water quality.  For these non-impaired waters,
Massachusetts is proposing "pollution prevention TMDLs" consistent with CWA § 303(d)(3).

The analyses conducted for the pathogen impaired segments in this TMDL would apply to the non-
impaired segments, since the sources and their characteristics are equivalent. The waste load and/
or load allocation for each source and designated use would be the same as specified herein.
Therefore, the pollution  prevention TMDLs would have  identical waste load and load allocations
based on the sources present and the designated use of the water body segment (see Table ES-2
and Table 7-1).

This Buzzards Bay watershed TMDL may, in appropriate circumstances, also apply to segments that
are listed for pathogen impairment in subsequent Massachusetts CWA § 303(d) Integrated List of
                                            XIII

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Waters. For such segments, this TMDL may apply if, after listing the waters for pathogen impairment
and  taking  into account  all  relevant comments  submitted  on  the  CWA §  303(d)  list,  the
Commonwealth determines with EPA approval of the CWA § 303(d) list that this TMDL should apply
to future pathogen impaired segments.

Since accurate estimates of existing  sources are generally widely variable and unavailable, it is
difficult to estimate the pollutant reductions for specific sources.  However, for illicit sources, the goal
is complete elimination (100% reduction).  Overall wet weather indicator bacteria load reductions can
be estimated using typical storm water bacteria concentrations.  These data indicate that in general
two to three orders of magnitude reductions in storm water fecal coliform loading will be necessary,
especially in developed areas.

TMDL goals for each type of bacteria source are provided  in Table  ES-2.  Municipalities are the
primary responsible parties for eliminating many of these sources.  TMDL implementation to achieve
these goals should be an  iterative process by prioritizing areas  based  on available data and
downstream resources affected, identification of specific sources and in particular the removal of
illicit connections contributing to both dry and wet  weather  violations. Once illicit connections are
removed then  prioritization  should be given to identifying and  implementing  best  management
practices to mitigate storm water runoff volume.  Certain towns in the watershed are classified as
Urban Areas by the United States Census Bureau and are subject to the Stormwater Phase II Final
Rule that requires the development  and  implementation  of  an  illicit discharge detection and
elimination  plan. Combined  sewer overflows will be addressed through the on-going long-term
control plans.

In most cases,  authority to regulate non-point source pollution and thus successful implementation of
this TMDL  is limited to local government entities and will require cooperative  support from  local
volunteers,  watershed associations, and local officials in municipal government. Those activities can
take the form  of expanded education,  obtaining and/or providing  funding, and  possibly  local
enforcement.    In some cases, such as subsurface disposal of wastewater from  homes,  the
Commonwealth provides the framework,  but the administration occurs  on the local level. Among
federal and state funds to help implement this  TMDL are, on  a competitive basis, the Non-Point
Source Control (CWA  Section  319) Grants, Water Quality (CWA Section 604(b)) Grants,  and the
State Revolving (Loan) Fund Program (SRF). Most financial  aid requires some local match as well.
The programs mentioned are administered through the MassDEP.  Additional funding and resources
available to assist local officials and community groups can be referenced within the Massachusetts
Non-point Source Management Plan-Volume I  Strategic Summary (2000) "Section VII Funding /
Community Resources". This document is available on the MassDEP's website at: www.state.ma.us/
dep/brp/wm/wmpubs.htm.  or by contacting  the  MassDEP's Nonpoint  Source  Program  at  (508)
792-7470 to request a copy.
                                           XIV

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       Table ES-2.  Total Maximum Daily Load: Sources and Expectations for Limiting Bacterial
       Contamination in the Buzzards Bay Watershed.

       Note: This table represents waste load and load reductions based on water quality standards prior to
       2007 as well as revised WQS that were adopted by MassDEP in January of 2007
Surface Water
Classification
Pathogen Source
Waste Load Allocation
  Indicator Bacteria
    (CFU/100mL)1
 Load Allocation
Indicator Bacteria
  (CFU/100mL)1
 A, B, SA, SB
                 Illicit discharges to storm drains
                                       0
                 Leaking sanitary sewer lines
                                       0
                 Failing septic systems
                                  Not Applicable
                                       Not Applicable
                                      Not Applicable
                                            0
                Any   regulated  discharge  7-9-
                including  storm  water  runoff
                subject to Phase  I or II NPDES
                permits
 (Water supply
   Intakes in
unfiltered public
water supplies)
                        Either;
                           a)  fecal  coliform  <=20  fecal
                               coliform  organisms per 100
                               ml2
                                       or
                           b)  total   coliform   <=   100
                               organisms   per   100  ml3;
                               where both are  measured,
                               only fecal must be met
                                      Not Applicable
                 Nonpoint source  storm  water
                 runoff
                                 Not Applicable
                               Either;
                              a)  fecal   coliform  <=20   fecal
                                  coliform organisms per 100 ml2,
                                            or
                              b) total coliform <= 100  organisms
                                per 100  ml3;  where  both are
                                measured, only fecal must be met
                                                      xv

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Surface Water
Classification
     Pathogen Source
    Waste Load Allocation
       Indicator Bacteria
         (CFU/100ml_)1
                                                                                           Load Allocation
                                                                                          Indicator Bacteria
                                                                                            (CFU/100mL)1
                                                Either;
                 Any     regulated    discharge-
                 including  storm  water  runoff
                 subject to Phase I or II NPDES
                 permits,   NPDES   wastewater
                 treatment  plant discharges 7'9,
                 and combined sewer overflows6.
                                a)
                                                  b)
(Includes filtered
 water supply)

      &
      B
     E. coli  <=geometric mean5126
     colonies  per 100  ml;  single
     sample <=235 colonies per 100
     ml;
                or
       Enterococci geometric mean5
     <= 33 colonies per 100 ml and
     single sample  <= 61 colonies
     per 100 ml	
                                                                             Not Applicable
                                                                  Either
                                                                                      a)
                 Nonpoint  source  storm  water
                 runoff
                                                           Not Applicable
                                                                                      b)
                                                                         E.  coli  <=geometric  mean5
                                                                         126  colonies per  100  ml;
                                                                         single sample <=235 colonies
                                                                         per 100 ml;
                                                                                   or
                                                                         Enterococci       geometric
                                                                         mean5<= 33 colonies per 100
                                                                         ml  and  single sample  <= 61
                                                                         colonies per 100 ml
      SA
 (Designated for
  shellfishing)
Any   regulated   discharge
including   storm  water  runoff
subject to  Phase I or II NPDES
permits,   NPDES  wastewater
treatment   plant  discharges7'9,
and combined sewer overflows6.
 Fecal Coliform <= geometric mean,
MPN, of 14 organisms per 100 ml nor
 shall 10% of the samples be >=28
       organisms per 100 ml
                                                                                             Not Applicable
                 Nonpoint  Source  Storm  water
                 Runoff4
                                        Not Applicable
                                    Fecal Coliform <= geometric mean,
                                   MPN, of 14 organisms per 100 ml nor
                                     shall 10% of the samples be >=28
                                  	organisms per 100 ml	
   SA&SB
(Beaches8 and
non-designated
shellfish areas)
                 Any   regulated   discharge
                 including  storm  water  runoff
                 subject to Phase I or II NPDES
                 permits,   NPDES   wastewater
                 treatment   plant  discharges7'9,
                 and combined sewer overflows6.
                               Enterococci - geometric mean5 <= 35
                                  colonies per 100 ml and single
                                sample <= 104 colonies per 100 ml
                                             Not Applicable
                 Nonpoint  Source  Storm  water
                 Runoff4
                                        Not Applicable
                                   Enterococci -geometric mean5 <= 35
                                   colonies per 100 ml and single sample
                                       <= 104 colonies per 100 ml
                                                        XVI

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Surface Water
Classification
     Pathogen Source
   Waste Load Allocation
     Indicator Bacteria
       (CFU/100ml_)1
 Load Allocation
Indicator Bacteria
  (CFU/100mL)1
     SB
(Designated for
  shellfishing
 w/depuration)
Any   regulated   discharge
including  storm  water  runoff
subject to Phase I or II NPDES
permits,   NPDES   wastewater
treatment  plant  discharges7-9,
and combined sewer overflows6.
 Fecal Coliform <= median or
 geometric mean, MPN, of 88
organisms per 100 ml nor shall
 10% of the samples be >=260
    organisms per 100 ml
                                                                                         Not Applicable
                 Nonpoint  Source  Storm water
                 Runoff4
                                       Not Applicable
                                   Fecal Coliform <= median or
                                   geometric mean, MPN, of 88
                                  organisms per 100 ml nor shall
                                  10% of the samples be >=260
                                      organisms per 100 ml
       1 Waste Load Allocation (WLA) and Load Allocation (LA) refer to fecal coliform densities unless specified in table.
       2  In all samples taken during any 6 month period
       3  In 90% of the samples taken in any six month period;
       4  The expectation  for WLAs and LAs for storm water  discharges  is that they will  be achieved through  the
       implementation of BMPs and other controls.
       5  Geometric mean of the 5 most recent samples is used at bathing beaches. For all other waters and during the non-
       bathing season the geometric mean of all  samples taken within the most recent six months, typically based on a
       minimum of five samples.
       6 Or other applicable water quality standards for CSO's
       7 Or shall be consistent with the  Waste Water Treatment  Plant (WWTP) National Pollutant Discharge Elimination
       System (NPDES) permit.
       8 Massachusetts Department of Public Health regulations (105 CMR Section 445)
       9 Seasonal disinfection may  be allowed by the Department on a case-by-case basis.

           Note: this table represents waste load and load allocations based on water quality standards
           current as of the publication date of these TMDLs. If the pathogen criteria change in the future,
           MassDEP intends to revise the TMDL by addendum to reflect the revised criteria.
                                                      XVII

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                           Table of Contents


EXECUTIVE SUMMARY	V

1.0  INTRODUCTION	1

2.0  WATERSHED DESCRIPTION	8

3.0  WATER QUALITY STANDARDS	13

4.0  PROBLEM ASSESSMENT	16

4.2 SEGMENTS ON THE STATE LIST OF IMPAIRED WATERS FOR PATHOGENS WHERE NO
RECENT DATA ARE AVAILABLE	54

6.0  PRIORITIZATION AND KNOWN SOURCES	63

7.0PATHOGEN TMDL DEVELOPMENT	78

DESCRIPTION	93

STORMWATER CONTRIBUTION	93

9.0MONITORING PLAN	116

10.0REASONABLE ASSURANCES	116

11.0PUBLIC PARTICIPATION	123

REFERENCES	124
Appendix A    Selected Maps from: Atlas of Stormwater Discharges in the Buzzards Bay
             Watershed (MACZM 2003)	126

Appendix B    Public participation	155
                                   XVIII

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Appendix C    EPA: Robert Wayland Guidance	170
                                      XIX

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                              List of Tables
              TABLE ES-1. BACTERIA IMPAIRED SEGMENT PRIORITIES     	VII

SEGMENT ID	VII

SEGMENT NAME	VII

LENGTH (Ml.) OR SIZE (SQ.MI.)	VII

SEGMENT DESCRIPTION	VII

PRIORITY	VII

MA95-40VII

EAST BRANCH WESTPORT RIVER	VII

2.85 Ml. VII

OUTLET LAKE NOQUOCHOKE, WESTPORT TO OLD COUNTY RD. BRIDGE, WESTPORT.
(CLASS B)	VII

MEDIUM VII

MA95-45VII

SNELL CREEK	VII

0.67 Ml. VII

DRIFT RD. TO MARCUS' BRIDGE IN WESTPORT. (CLASS B)	VII

MEDIUM VII

MA95-41VII


                                    xx

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EAST BRANCH WESTPORT RIVER	VII

2.65SQ.MI	VII

OLD COUNTY ROAD BRIDGE, WESTPORT TO THE MOUTH AT WESTPORT HARBOR,
WESTPORT (EXCLUDING HORSENECK CHANNEL). (CLASS SB, SHELLFISHING
RESTRICTED,0.64/2.65SQ.MI.)	VII

SHELLFISHING	VII

MA95-37VII

WEST BRANCH WESTPORT RIVER	VII

1.28SQ.MI	VII

OUTLET GRAYS MILL POND, ADAMSVILLE, RHODE ISLAND TO MOUTH AT WESTPORT
HARBOR, WESTPORT. (CLASS SA, SHELLFISHING OPEN, BUT IMPAIRED 0.78/2.65SQ.MI.)VII

SHELLFISHING	VII

MA95-54VIII

WESTPORT RIVER	VIM

0.74 SO. Ml	VIM

FROM THE CONFLUENCE OF THE EAST AND WEST BRANCHES TO RHODE ISLAND
SOUND; BOUNDED BY A LINE DRAWN FROM THE SOUTHWESTERN POINT OF
HORSENECK POINT TO THE EASTERNMOST POINT NEAR WESTPORT LIGHT. (CLASS SA,
SHELLFISHING, OPEN 0.5 SQ.MI.,CLOSED 0.78 SQ.MI.)	VIM

SHELLFISHING	VIM

MA95-34VIM

SLOCUMS RIVER	VIM
                                   XXI

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0.67SQ.MI	VIM

CONFLUENCE WITH PASKAMANSET R., DARTMOUTH TO MOUTH AT BUZZARDS BAY.
(CLASS SA, SHELLFISHING OPEN 0.01 SQ.MI.,CLOSED 0.66SQ.MI)	VIM

SWIMMING	VIM

MA95-44VIM

SNELL CREEK	VIM

1.5 Ml.  VIM

HEADWATERS WEST OF MAIN STREET, WESTPORT, TO DRIFT ROAD WESTPORT	VIM

MEDIUM VIM

MA95-59VIM

SNELL CREEK	VIM

0.01 SQ.MI	VIM

'MARCUS BRIDGE', WESTPORT TO CONFLUENCE WITH EAST BRANCH WESTPORT RIVER,
WESTPORT	VIM

SHELLFISHING	VIM

MA95-31VIM

ACUSHNET RIVER	VIM

2.7 Ml   VIM

OUTLET NEW BEDFORD RESERVOIR TO HAMLIN RD. CULVERT, ACUSHNET. (CLASS B). VIM

NO DATA	VIM
                                   XXII

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MA95-32VIII

ACUSHNET RIVER	VIM

1.10 Ml. VIM

HAMLIN RD. CULVERT TO CULVERT AT MAIN ST., ACUSHNET. (CLASS B)	VIM

MEDIUM VIM

MA95-33VIM

ACUSHNET RIVER	VIM

0.31 SQ.MI	VIM

MAIN ST. CULVERT TO COGGESHALL ST. BRIDGE, NEW BEDFORD/FAIRHAVEN. (CLASS
SB, SHELLFISHING RESTRICTED, ENTIRELY)	VIM

CSOS  VIM

MA95-42VIM

NEW BEDFORD HARBOR	VIM

1.25SQ.MI	VIM

COGGESHALL ST. BRIDGE TO HURRICANE BARRIER, NEW BEDFORD/FAIRHAVEN .
(CLASS SB, SHELLFISHING RESTRICTED, ENTIRELY)	VIM

MA95-63VIM

OUTER NEW BEDFORD HARBOR	VIM

5.82SQ.MI	VIM
                                   XXIII

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HURRICANE BARRIER TO A LINE DRAWN FROM WILBUR POINT, FAIRHAVEN TO CLARKS
POINT, NEW BEDFORD . (CLASS SA, SHELLFISHING OPEN, BUT ENTIRELY RESTRICTED)
       VIM

SWIMMING	VIM

MA95-38VIM

CLARK COVE	VIM

1.90SQ.MI	VIM

SEMI-ENCLOSED WATERBODY LANDWARD OF A LINE DRAWN BETWEEN CLARKS POINT,
NEW BEDFORD AND RICKETSONS POINT, DARTMOUTH (CLASS SA, SHELLFISHING OPEN,
BUT ENTIRELY RESTRICTED)	VIM

SWIMMING	VIM

MA95-13VIM

BUTTONWOOD BROOK	VIM

3.8 Ml.  VIM

HEADWATERS AT OAKDALE ST., NEW BEDFORD TO MOUTH AT APPONAGANSETT BAY,
DARTMOUTH.  (CLASS B)	VIM

LOW   VIM

(NO DATA)	VIM

MA95-39VIM

APPONAGANSETT BAY	VIM

0.95SQ.MI	VIM
                                  XXIV

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FROM THE MOUTH OF BUTTONWOOD BROOK TO A LINE DRAWN FROM RICKETSONS
POINT, NEW BEDFORD TO SAMOSET ST. NEAR NORTH AVE., DARTMOUTH. (CLASS SA,
SHELLFISHING OPEN BUT RESTRICTED 0.68SQ.MI.)	VIM

SWIMMING	VIM

MA95-35IX

MATTAPOISETT HARBOR	IX

1.10SQ.MI	IX

FROM THE MOUTH OF THE MATTAPOISETT R., MATTAPOISETT, TO A LINE DRAWN FROM
NED POINT TO A POINT OF LAND BETWEEN BAYVIEW AVENUE AND GRANDVIEW AVE.,
MATTAPOISETT. (CLASS SA, SHELLFISHING OPEN, BUT RESTRICTED 0.1/1.1SQ.MI.)	IX

SWIMMING	IX

MA95-60IX

MATTAPOISETT RIVER	IX

0.05    IX

FROM THE RIVER ROAD BRIDGE, MATTAPOISETT TO THE MOUTH AT MATTAPOISETT
HARBOR, MATTAPOISETT	IX

MA95-65IX

NASKETUCKET BAY	IX

3.7     IX

FROM THE CONFLUENCE WITH LITTLE BAY, FAIRHAVEN TO BUZZARDS BAY ALONG
CAUSEWAY ROAD, FAIRHAVEN AND ALONG A LINE FROM THE SOUTHERN TIP OF BRANT
ISLAND, MATTAPOISETT TO THE EASTERN TIP OF WEST ISLAND, FAIRHAVEN	IX

MA95-56IX
                                  XXV

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HAMMETT COVE	IX

0.07SQ.MI	IX

HAMMETT COVE, MARION TO THE CONFLUENCE WITH SIPPICAN HARBOR ALONG A LINE
FROM THE SOUTHWESTERN MOST POINT OF LITTLE NECK TO THE END OF THE SEAWALL
ON THE OPPOSITE POINT. (CLASS SA, SHELLFISHING IMPAIRED 0.02/0.07SQ.MI.)	IX

SWIMMING	IX

MA95-08IX

SIPPICAN HARBOR	IX

Ml.     IX

FROM THE CONFLUENCE WITH HAMMETT COVE TO THE MOUTH AT BUZZARDS BAY
(EXCLUDING BLAKENSHIP COVE AND PLANNING ISLAND COVE), MARION (CLASS SA,
SHELLFISHING OPEN, BUT IMPAIRED 0.30 SQ Ml.)	IX

SWIMMING	IX

MA95-09IX

AUCOOTCOVE	IX

0.50SQ.MI	IX

FROM THE CONFLUENCE WITH AUCOOT CREEK, MARION TO THE MOUTH AT BUZZARDS
BAY AT A LINE DRAWN BETWEEN CONVERSE POINT AND JOES POINT, MATTAPOISETT.
(CLASS SA, SHELLFISHING OPEN)	IX

MA95-10IX

HILLERCOVE	IX

0.04SQ.MI	IX
                                  XXVI

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AREA LANDWARD OF A LINE DRAWN BETWEEN JOES POINT, MATTAPOISETT AND THE
SECOND BOAT DOCK NORTHEAST OF HILLER COVE LANE, MATTAPOISETT. (CLASS SA,
SHELLFISHING IMPAIRED 0.01 SQ.MI.)	IX

SWIMMING	IX

MA95-64IX

LITTLE BAY	IX

0.36 SQ.MI	IX

FROM THE CONFLUENCE WITH THE NASKETUCKET RIVER, FAIRHAVEN SOUTH TO THE
CONFLUENCE WITH NASKETUCKET BAY AT A LINE FROM THE SOUTHERNMOST TIP OF
MIREY NECK, FAIRHAVEN TO A POINT NEAR SHORE DRIVE	IX

MA95-07IX

SIPPICAN RIVER	IX

0.08SQ.MI	IX

COUNTY RD. TO CONFLUENCE WITH WEWEANTIC R., MARION/WAREHAM. (CLASS SA,
SHELLFISHING OPEN, ALL IMPAIRED)	IX

MA95-53X

BEAVERDAM CREEK	X

0.04SQ.MI	X

OUTLET FROM CRANBERRY BOGS OF RTE. 6, WAREHAM TO CONFLUENCE WITH
WEWEANTIC RIVER, WAREHAM. (CLASS SA, SHELLFISHING RESTRICTED). (CLASS SA,
SHELLFISHING ALL IMPAIRED)	X

MA95-58X

BREAD AND CHEESE BROOK	X
                                 XXVII

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4.9 Ml.  X

HEADWATERS, NORTH OF OLD BEDFORD ROAD, WESTPORT TO CONFLUENCE WITH
EAST BRANCH WESTPORT RIVER, WESTPORT	X

MEDIUM X

MA95-05X

WEWEANTIC RIVER	X

0.62SQ.MI	X

OUTLET HORSESHOE POND, WAREHAM TO MOUTH AT BUZZARDS BAY,
MARION/WAREHAM. (CLASS SA, SHELLFISHING OPEN, PARTIALLY IMPAIRED,0.45SQ.MI.)X

MA95-29X

AGAWAM RIVER	X

0.16 Ml. X

FROM THE WAREHAM WWTP TO CONFLUENCE WITH WANKINCO RIVER AT THE RTE. 6
BRIDGE, WAREHAM. . (CLASS SB, RESTRICTED)	X

SHELLFISHING	X

MA95-50X

WANKINCO RIVER	X

0.05SQ.MI	X

ELM ST. BRIDGE, WAREHAM TO CONFLUENCE WITH THE AGAWAM R., AT A LINE
BETWEEN A POINT SOUTH OF MAYFLOWER RIDGE DRIVE AND A POINT NORTH OF THE
RAILROAD TRACKS NEAR SANDWICH RD., WAREHAM. (CLASS SA, SHELLFISHING
RESTRICTED)	X
                                  XXVIII

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SHELLFISHING	X

MA95-49X

BROAD MARSH RIVER	X

0.16SQ.MI	X

FROM ITS HEADWATERS IN A SALT MARSH SOUTH OF MARION RD. AND BOURNE
TERRACE, WAREHAM TO THE CONFLUENCE WITH THE WAREHAM R. (CLASS SA,
SHELLFISHING RESTRICTED)	X

SWIMMING	X

MA95-51 X

CROOKED RIVER	X

0.04SQ.MI	X

FROM THE OUTLET OF A CRANBERRY BOG, EAST OF INDIAN NECK RD., WAREHAM TO
CONFLUENCE WITH THE WAREHAM R., WAREHAM. (CLASS SA, SHELLFISHING
RESTRICTED)	X

SHELLFISHING	X

MA95-52X

CEDAR ISLAND CREEK	X

0.01SQ.MI	X

FROM THE HEADWATERS NEAR INTERSECTION OF PARKER DR. AND CAMARDO DR.,
WAREHAM TO THE MOUTH AT MARKS COVE, WAREHAM. (CLASS SA, SHELLFISHING
RESTRICTED)	X

MEDIUM*	X
                                 XXIX

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(NO DATA)	X

SHELLFISHING	X

MA95-03X

WAREHAM RIVER	X

1.18SQ.MI	X

RTE. 6 BRIDGE TO MOUTH AT BUZZARDS BAY (AT AN IMAGINARY LINE FROM CROMSET
POINT TO CURVED POINT EAST, SOUTHEAST OF LONG BEACH POINT), WAREHAM.
INCLUDES MARK'S COVE, WAREHAM. (CLASS SA, SHELLFISHING OPEN, BUT PARTIALLY
RESTRICTED, 0.68/1.18SQ.MI.)	X

SHELLFISHING	X

MA95-02X

ONSET BAY	X

0.78SQ.MI	X

WAREHAM. CLASS SA, SHELLFISHING OPEN, BUT PARTIALLY RESTRICTED,
0.15/0.78SQ.MI.)	X

SHELLFISHING	XI

MA95-01 XI

BUTTERMILK BAY	XI

0.77    XI

BOURNE/WAREHAM. CLASS SA, SHELLFISHING OPEN, BUT PARTIALLY RESTRICTED,
0.16/0.77SQ.MI)	XI

SHELLFISHING	XI
                                   XXX

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MA95-62XI

BUZZARDS BAY	XI

8.0     XI

OPEN WATER AREA ENCOMPASSED WITHIN A LINE DRAWN FROM WILBUR POINT,
FAIRHAVEN TO CLARKS POINT, NEW BEDFORD TO RICKETSON POINT, DARTMOUTH TO
VICINITY OF SAMOSET ST., DARTMOUTH DOWN TO ROUND HILL POINT, DARTMOUTH,
BACK TO WILBUR POINT, FAIRHAVEN	XI

MA95-14XI

CAPE COD CANAL	XI

1.13    XI

CONNECTION BETWEEN BUZZARDS BAY AND CAPE COD BAY IN BOURNE AND
SANDWICH	XI

SHELLFISHING	XI

MA95-48XI

EEL POND	XI

0.03    XI

SALTWATER POND THAT DISCHARGES TO BACK RIVER, BOURNE	XI

MA95-61 XI

EEL POND	XI

0.04    XI

COASTAL POND AT THE HEAD OF MATTAPOISETT HARBOR, MATTAPOISETT	XI
                                 XXXI

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MA95-47XI

BACK RIVER	XI

0.08    XI

OUTLET OF SMALL UNNAMED POND, DOWNSTREAM FROM MILL POND, BOURNE TO
CONFLUENCE WITH PHINNEYS HARBOR, BOURNE (EXCLUDING EEL POND)	XI

MA95-15XI

PHINNEYS HARBOR	XI

0.73    XI

FROM THE CONFLUENCE WITH BACK R. TO ITS MOUTH AT BUZZARDS BAY BETWEEN
MASHPEE AND TOBY'S ISLANDS, BOURNE	XI

MA95-16XI

POCASSET RIVER	XI

0.05    XI

FROM THE OUTLET OF MILL POND, BOURNE TO THE MOUTH AT BUZZARDS BAY,
BOURNE	XI

MA95-17XI

POCASSET HARBOR	XI

0.33    XI

FROM THE CONFLUENCE WITH RED BROOK HARBOR NEAR THE NORTHERN PORTION OF
BASSETT'S ISLAND AND PATUISETT TO THE MOUTH AT BUZZARDS BAY BETWEEN
BASSETT'S ISLAND AND WINGS NECK, BOURNE	XI

MA95-18XI
                                 XXXII

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RED BROOK HARBOR	XI

0.91    XI

FROM THE CONFLUENCE WITH POCASSET HARBOR BETWEEN THE NORTHERN PORTION
OF BASSETT'S ISLAND AND PATUISETT TO ITS MOUTH AT BUZZARDS BAY BETWEEN
BASSETT'S ISLAND AND SCRAGGY NECK, BOURNE (INCLUDING HEN COVE)	XI

MA95-21 XI

HERRING BROOK	XI

0.01    XI

FROM ITS HEADWATERS, NORTHEAST OF DALE DR. AND WEST OF RTE. 28A, TO ITS
MOUTH AT BUZZARDS BAY, FALMOUTH	XI

MEDIUM SHELLFISHING	XI

MA95-46XII

HARBOR HEAD	XII

0.02    XII

THE SEMI-ENCLOSED BODY OF WATER SOUTH OF THE CONFLUENCE WITH WEST
FALMOUTH HARBOR AT CHAPPAQUOIT RD., FALMOUTH	XII

SHELLFISHING	XII

MA95-20XII

WILD HARBOR	XII

0.15    XII

EMBAYMENT EXTENDS  FROM POINT ROAD, NYES NECK TO CROW POINT AT THE END OF
BAY SHORE ROAD IN NORTH FALMOUTH	XII
                                 XXXIII

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SHELLFISHING	XII

MA95-22XII

WEST FALMOUTH HARBOR	XII

0.29    XII

FROM THE CONFLUENCE WITH HARBOR HEAD AT CHAPPAQUOIT RD., FALMOUTH TO THE
MOUTH AT BUZZARDS BAY AT A LINE CONNECTING THE ENDS OF THE SEAWALLS FROM
LITTLE ISLAND AND CHAPPAQUOIT POINT, FALMOUTH (INCLUDING SNUG HARBOR)	XII

MA95-23XII

GREAT SIPPEWISSET CREEK	XII

0.03    XII

FROM THE OUTLET OF BEACH POND IN GREAT SIPPEWISSETT MARSH TO THE MOUTH AT
BUZZARDS BAY, FALMOUTH, INCLUDING THE UNNAMED TRIBUTARY FROM THE OUTLET
OF FRESH POND, AND QUAHOG POND, FALMOUTH	XII

MA95-24XII

LITTLE SIPPEWISSET MARSH	XII

0.02    XII

FROM THE HEADWATERS NORTH OF SIPPEWISSET RD., FALMOUTH TO THE MOUTH AT
BUZZARDS BAY NEAR SACONESSET HILLS, FALMOUTH	XII

MA95-25XII

QUISSETT HARBOR	XII

0.17    XII
                                 XXXIV

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THE SEMI-ENCLOSED BODY OF WATER LANDWARD OF A LINE DRAWN BETWEEN THE
KNOB AND GANSETT POINT, FALMOUTH	XII

SHELLFISHING	XII

TABLE 2-1. BUZZARDS BAY WATERSHED BASIN LAND USE AS OF 1999	9

TABLE 4-1. WACHUSETT RESERVOIR STORM WATER SAMPLING (AS REPORTED IN
MASSDEP 2002B) ORIGINAL DATA PROVIDED IN MDC WACHUSETT STORM WATER STUDY
(JUNE 1997)	17

TABLE 4-2. LOWER CHARLES RIVER BASIN STORM WATER EVENT MEAN BACTERIA
CONCENTRATIONS (DATA SUMMARIZED FROM USGS 2002)1	17

TABLE 4-3. BUZZARDS BAY PATHOGEN IMPAIRED SEGMENTS REQUIRING TMDLS
(ADAPTED FROM MASSDEP 2003B AND MASSGIS 2005)	18

TABLE 4-4. MA95-40 EAST BRANCH WESTPORT RIVER WRWA FECAL COLIFORM DATA
SUMMARY	25

TABLE 4-5. MA95-45 SNELL CREEK WRWA FECAL COLIFORM DATA SUMMARY	26

TABLE 4-6. MA95-59 SNELL CREEK DMF FECAL COLIFORM DATA	26

TABLE 4-7. MA95-41 EAST BRANCH WESTPORT RIVER; WRWA; ESS; DMF FECAL
COLIFORM DATA	27

TABLE 4-8. MA95-37 WEST BRANCH WESTPORT RIVER ; DMF/WRWA FECAL COLIFORM
DATA   28

TABLE 4-9. MA95-54 WESTPORT RIVER; WRWA FECAL COLIFORM DATA SUMMARY	28

TABLE 4-10. MA95-34 SLOCUMS RIVER; DMF FECAL COLIFORM DATA	29

TABLE 4-11. MA95-44 SNELL CREEK; WRWA FECAL COLIFORM DATA SUMMARY	29

TABLE 4-12. MA95-32, MA95-33 ACUSHNET RIVER;  DMF FECAL COLIFORM DATA	30
                                 XXXV

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TABLE 4-13. MA95-42 NEW BEDFORD INNER HARBOR ; DMF AND CITY OF NEW BEDFORD
(NBSSP) FECAL COLIFORM DATA	31

TABLE 4-14. MA95-63 OUTER NEW BEDFORD HARBOR ; DMF AND CITY OF NEW BEDFORD
(NBSSP) FECAL COLIFORM DATA	32

TABLE 4-15. MA95-38 CLARKS COVE ; DMF AND CITY OF NEW BEDFORD (NBSSP) FECAL
COLIFORM DATA	33

TABLE 4-16. MA95-39 APPONAGANSETT BAY DMF FECAL COLIFORM DATA	34

TABLE 4-17. MA95-35 MATTAPOISETT RIVER AND MA95-60 MATTAPOISETT HARBOR; DMF
FECAL COLIFORM DATA	35

TABLE 4-18. MA95-65 NASKETUCKET BAY ;DMF FECAL COLIFORM DATA	35

TABLE 4-19. MA95-08 SIPPICAN HARBOR; MA 95-56 HAMMETT COVE DMF FECAL
COLIFORM DATA	36

TABLE 4-20. MA95-09 AUCOOT COVE ; DMF  FECAL COLIFORM DATA	37

TABLE 4-21. MA95-10 HILLER COVE; DMF FECAL COLIFORM DATA	37

TABLE 4-22. MA95-64 LITTLE BAY; DMF FECAL COLIFORM DATA	38

TABLE 4-23. MA95-07 SIPPICAN RIVER; DMF FECAL COLIFORM DATA	38

TABLE 4-24. MA95-53 BEAVERDAM CREEK;  DMF FECAL COLIFORM DATA	39

TABLE 4-25. MA95-58 BREAD AND CHEESE  BROOK; WRWA FECAL COLIFORM DATA
SUMMARY	39

TABLE 4-26. MA95-05 WEWEANTIC RIVER; DMF FECAL COLIFORM DATA	40

TABLE 4-27. MA95-29 & MA95-50 AGAWAM AND WANKINCO RIVERS; DMF FECAL
COLIFORM DATA	41

TABLE 4-28. MA95-49 BROAD MARSH RIVER;DMF FECAL COLIFORM DATA	42
                                  XXXVI

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TABLE 4-29. MA95-51 CROOKED RIVER; DMF FECAL COLIFORM DATA	42

TABLE 4-30. MA95-03 WAREHAM RIVER; DMF FECAL COLIFORM DATA	43

TABLE 4-31. MA95-02 ONSET BAY; DMF FECAL COLIFORM DATA	44

TABLE 4-32. MA95-01 BUTTERMILK BAY; DMF FECAL COLIFORM DATA	44

TABLE 4-33. MA95-62 BUZZARDS BAY DMF AND CITY OF NEW BEDFORD (NBSSP) FECAL
COLIFORM DATA	45

TABLE 4-34. MA95-14 CAPE COD CANAL ; DMF FECAL COLIFORM DATA	46

DMF DATA (TAKEN IN BOTH DRY AND WET WEATHER PERIODS) WERE TAKEN OVER THE
YEARS 1985- 2001  FOR THE COMBINED SEGMENTS EEL POND MA 95-48 (IN BOURNE) AND
BACK RIVER MA 95-47 AND ARE SUMMARIZED IN TABLE 4-35, AS WELL AS IN FIGURES 4-1
AND 4-2 ABOVE. THESE ARE ALSO AVAILABLE FOR DOWNLOAD AT
HTTP://WWW.BUZZARDSBAY.ORG/STORMATLAS.HTM	46

THESE TWO SEGMENTS WERE PREVIOUSLY DETERMINED TO BE IMPAIRED BASED ON
DMF DATA AND PERIODIC EXCEEDANCES OF THE STATE WATER QUALITY STANDARDS.
       47

TABLE 4-35. MA95-48 EEL POND & MA95-47 BACK RIVER ; DMF FECAL COLIFORM DATA 47

TABLE 4-36. MA95-61 EEL POND (MATTAPOISETT) DMF  FECAL COLIFORM DATA	47

TABLE 4-37. MA95-15 PHINNEY'S HARBOR;  DMF FECAL COLIFORM DATA	47

TABLE 4-38. MA95-16 POCASSET RIVER; DMF FECAL COLIFORM DATA	48

TABLE 4-39. MA95-17 POCASSET HARBOR; DMF FECAL COLIFORM DATA	49

TABLE 4-40. MA95-18 RED BROOK HARBOR; DMF FECAL COLIFORM DATA	49

TABLE 4-41. MA95-21 HERRING BROOK ;DMF FECAL COLIFORM DATA	50

TABLE 4-42. MA95-46 HARBOR HEAD ;  DMF FECAL COLIFORM DATA	50
                                 XXXVII

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TABLE 4-43. MA95-20 WILD HARBOR ; DMF FECAL COLIFORM DATA	51

TABLE 4-44. MA95-22 WEST FALMOUTH HARBOR; DMF FECAL COLIFORM DATA	51

TABLE 4-45. MA95-23 GREAT SIPPEWISSETT CREEK; DMF FECAL COLIFORM DATA	52

TABLE 4-46. MA95-24 LITTLE SIPPEWISSET MARSH ;DMF FECAL COLIFORM DATA	52

TABLE 4-47. MA95-25 QUISETT HARBOR;DMF FECAL COLIFORM DATA	53

4.2 SUMMATION OF THE DATA FROM THE 48 SEGMENTS ABOVE	53

CLEARLY, THE AREAS OF GREATEST CONCERN FROM THE DATA ABOVE ARE: (A) EAST
BRANCH OF THE WESTPORT RIVER MA95-41; (B) ACUSHNET RIVER MA 95-33 TO THE NEW
BEDFORD INNER AND OUTER HARBOR (INCLUDING CLARK'S COVE) AREA. THE EAST
BRANCH, WESTPORT RIVER AREA SHOWS QUITE A FEW ELEVATED DATA SETS FOR
FECAL COLIFORM IN THE TENS OF THOUSANDS, UP TO A MAXIMUM AT ONE SITE OF
OVER 2,100,000 CFU/100ML. SOME OF THE LAND USES SUSPECTED IN THESE HIGH
BACTERIA COUNTS INCLUDE: ANIMAL FEEDING OPERATIONS, DAIRY FARMS, GRAZING
IN RIPARIAN AREAS, MS4 SOURCES, ON-SITE SEPTIC SYSTEMS, AND  HIGHWAY/ ROAD
RUNOFF	53

THE LOWER ACUSHNET RIVER TO NEW BEDFORD HARBOR AND CLARK'S COVE SHOW
HISTORICALLY ELEVATED FECAL COLIFORM COUNTS, PARTICULARLY DURING/
FOLLOWING WET WEATHER EVENTS. THIS APPEARS DUE TO CSO DISCHARGES (A
TOTAL OF 28 REMAINING IN THE WHOLE AREA). DMF DATA (1985- 2001) INDICATE THAT
THE ACUSHNET RIVER (SEGMENT MA 95-33) HAS A GEOMETRIC MEAN OF 62.3 CFU/
100ML, THE INNER- OUTER HARBOR AREAS HAVE A GEOMETRIC MEAN OF 9.0 CFU/100ML,
AND IN CLARK'S COVE IT IS 6.9 CFU/100ML. THE CITY OF NEW BEDFORD IS
IMPLEMENTING CORRECTIVE ACTIONS THROUGH ITS LONG-TERM CSO CONTROL PLAN
WHICH IS LIKELY TO ALREADY RESULT IN DECREASING LEVELS TO THESE SEGMENTS.
CLEARLY, CONTINUED IMPLEMENTATION OF THE CSO DISCHARGES WILL GREATLY
REDUCE BACTERIA LOADINGS IN THIS WHOLE AREA	53

TABLE 5-1.  POTENTIAL SOURCES OF BACTERIA IN PATHOGEN IMPAIRED SEGMENTS IN
THE BUZZARDS BAY WATERSHED	57

TABLE 5-2. LOWER CHARLES RIVER BASIN STORM WATER EVENT MEAN BACTERIA
CONCENTRATIONS (DATA SUMMARIZED FROM USGS 2002) AND NECESSARY
REDUCTIONS TO MEET CLASS B WQS	62
                                XXXVIII

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TABLE 5-3. STORM WATER EVENT MEAN FECAL COLIFORM CONCENTRATIONS (AS
REPORTED IN MASSDEP 2002B; ORIGINAL DATA PROVIDED IN METCALF & EDDY, 1992)
AND NECESSARY REDUCTIONS TO MEET CLASS B WQS	62
                                                                     .64
TABLE 6-1. BACTERIA IMPAIRED SEGMENT PRIORITIES	65

SEGMENT ID	65

SEGMENT NAME	65

LENGTH (Ml.) OR SIZE (SQ.MI.)	65

SEGMENT DESCRIPTION	65

PRIORITY	65

MA95-4065

EAST BRANCH WESTPORT RIVER	65

2.85 Ml. 65

OUTLET LAKE NOQUOCHOKE, WESTPORT TO OLD COUNTY RD. BRIDGE, WESTPORT.
(CLASS B)	65

MEDIUM 65

MA95-4565

SNELL CREEK	65

0.67 Ml. 65

DRIFT RD. TO MARCUS' BRIDGE IN WESTPORT. (CLASS B)	65

MEDIUM 65


                                  xxxix

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MA95-41 65

EAST BRANCH WESTPORT RIVER	65

2.65SQ.MI	65

OLD COUNTY ROAD BRIDGE, WESTPORT TO THE MOUTH AT WESTPORT HARBOR,
WESTPORT (EXCLUDING HORSENECK CHANNEL). (CLASS SB, SHELLFISHING
RESTRICTED,0.64/2.65SQ.MI.)	65

SHELLFISHING	65

MA95-3765

WEST BRANCH WESTPORT RIVER	65

1.28SQ.MI	65

OUTLET GRAYS MILL POND, ADAMSVILLE, RHODE ISLAND TO MOUTH AT WESTPORT
HARBOR, WESTPORT. (CLASS SA, SHELLFISHING OPEN, BUT IMPAIRED 0.78/2.65SQ.MI.)65

SHELLFISHING	65

MA95-5465

WESTPORT RIVER	65

0.74 SO. Ml	65

FROM THE CONFLUENCE OF THE EAST AND WEST BRANCHES TO RHODE ISLAND
SOUND; BOUNDED BY A LINE DRAWN FROM THE SOUTHWESTERN POINT OF
HORSENECK POINT TO THE EASTERNMOST POINT NEAR WESTPORT LIGHT. (CLASS SA,
SHELLFISHING, OPEN 0.5 SQ.MI.,CLOSED 0.78 SQ.MI.)	65

SHELLFISHING	65

MA95-3465
                                   xl

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SLOCUMS RIVER	65

0.67SQ.MI	65

CONFLUENCE WITH PASKAMANSET R., DARTMOUTH TO MOUTH AT BUZZARDS BAY.
(CLASS SA, SHELLFISHING OPEN 0.01 SQ.MI.,CLOSED 0.66SQ.MI)	65

SWIMMING	65

MA95-4465

SNELL CREEK	65

1.5 Ml.  65

HEADWATERS WEST OF MAIN STREET, WESTPORT, TO DRIFT ROAD WESTPORT	65

MEDIUM 65

MA95-5965

SNELL CREEK	65

0.01 SQ.MI	65

'MARCUS BRIDGE', WESTPORT TO CONFLUENCE WITH EAST BRANCH WESTPORT RIVER,
WESTPORT	65

SHELLFISHING	65

MA95-31 65

ACUSHNET RIVER	65

2.7 Ml   65

OUTLET NEW BEDFORD RESERVOIR TO HAMLIN RD. CULVERT, ACUSHNET. (CLASS B). .65
                                   xli

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NO DATA	65

MA95-3265

ACUSHNET RIVER	65

1.10 Ml. 65

HAMLIN RD. CULVERT TO CULVERT AT MAIN ST., ACUSHNET. (CLASS B)	65

MEDIUM 65

MA95-3365

ACUSHNET RIVER	65

0.31 SQ.MI	65

MAIN ST. CULVERT TO COGGESHALL ST. BRIDGE, NEW BEDFORD/FAIRHAVEN. (CLASS
SB, SHELLFISHING RESTRICTED, ENTIRELY)	65

CSOS  65

MA95-4265

NEW BEDFORD HARBOR	65

1.25SQ.MI	65

COGGESHALL ST. BRIDGE TO HURRICANE BARRIER, NEW BEDFORD/FAIRHAVEN .
(CLASS SB, SHELLFISHING RESTRICTED, ENTIRELY)	65

MA95-6366

OUTER NEW BEDFORD HARBOR	66

5.82SQ.MI	66
                                   xlii

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HURRICANE BARRIER TO A LINE DRAWN FROM WILBUR POINT, FAIRHAVEN TO CLARKS
POINT, NEW BEDFORD . (CLASS SA, SHELLFISHING OPEN, BUT ENTIRELY RESTRICTED) 66

SWIMMING	66

MA95-3866

CLARK COVE	66

1.90SQ.MI	66

SEMI-ENCLOSED WATERBODY LANDWARD OF A LINE DRAWN BETWEEN CLARKS POINT,
NEW BEDFORD AND RICKETSONS POINT, DARTMOUTH (CLASS SA, SHELLFISHING OPEN,
BUT ENTIRELY RESTRICTED)	66

SWIMMING	66

MA95-1366

BUTTONWOOD BROOK	66

3.8 Ml.  66

HEADWATERS AT OAKDALE ST., NEW BEDFORD TO MOUTH AT APPONAGANSETT BAY,
DARTMOUTH. (CLASS B)	66

LOW   66

(NO DATA)	66

MA95-3966

APPONAGANSETT BAY	66

0.95SQ.MI	66
                                  xliii

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FROM THE MOUTH OF BUTTONWOOD BROOK TO A LINE DRAWN FROM RICKETSONS
POINT, NEW BEDFORD TO SAMOSET ST. NEAR NORTH AVE., DARTMOUTH. (CLASS SA,
SHELLFISHING OPEN BUT RESTRICTED 0.68SQ.MI.)	66

SWIMMING	66

MA95-3566

MATTAPOISETT HARBOR	66

1.10SQ.MI	66

FROM THE MOUTH OF THE MATTAPOISETT R., MATTAPOISETT, TO A LINE DRAWN FROM
NED POINT TO A POINT OF LAND BETWEEN BAYVIEW AVENUE AND GRANDVIEW AVE.,
MATTAPOISETT. (CLASS SA, SHELLFISHING OPEN, BUT RESTRICTED 0.1/1.1SQ.MI.)	66

SWIMMING	66

MA95-6066

MATTAPOISETT RIVER	66

0.05    66

FROM THE RIVER ROAD BRIDGE, MATTAPOISETT TO THE MOUTH AT MATTAPOISETT
HARBOR, MATTAPOISETT	66

MA95-6566

NASKETUCKET BAY	66

3.7     66

FROM THE CONFLUENCE WITH LITTLE BAY, FAIRHAVEN TO BUZZARDS BAY ALONG
CAUSEWAY ROAD, FAIRHAVEN AND ALONG A LINE FROM THE SOUTHERN TIP OF BRANT
ISLAND, MATTAPOISETT TO THE EASTERN TIP OF WEST ISLAND, FAIRHAVEN	66

MA95-5666
                                  xliv

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HAMMETT COVE	66

0.07SQ.MI	66

HAMMETT COVE, MARION TO THE CONFLUENCE WITH SIPPICAN HARBOR ALONG A LINE
FROM THE SOUTHWESTERN MOST POINT OF LITTLE NECK TO THE END OF THE SEAWALL
ON THE OPPOSITE POINT. (CLASS SA, SHELLFISHING IMPAIRED 0.02/0.07SQ.MI.)	66

SWIMMING	66

MA95-0867

SIPPICAN HARBOR	67

Ml.     67

FROM THE CONFLUENCE WITH HAMMETT COVE TO THE MOUTH AT BUZZARDS BAY
(EXCLUDING BLAKENSHIP COVE AND PLANNING ISLAND COVE), MARION (CLASS SA,
SHELLFISHING OPEN, BUT IMPAIRED 0.30 SQ Ml.)	67

SWIMMING	67

MA95-0967

AUCOOTCOVE	67

0.50SQ.MI	67

FROM THE CONFLUENCE WITH AUCOOT CREEK, MARION TO THE MOUTH AT BUZZARDS
BAY AT A LINE DRAWN BETWEEN CONVERSE POINT AND JOES POINT, MATTAPOISETT.
(CLASS SA, SHELLFISHING OPEN)	67

MA95-1067

HILLERCOVE	67

0.04SQ.MI	67
                                  xlv

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AREA LANDWARD OF A LINE DRAWN BETWEEN JOES POINT, MATTAPOISETT AND THE
SECOND BOAT DOCK NORTHEAST OF HILLER COVE LANE, MATTAPOISETT. (CLASS SA,
SHELLFISHING IMPAIRED 0.01 SQ.MI.)	67

SWIMMING	67

MA95-6467

LITTLE BAY	67

0.36 SQ.MI	67

FROM THE CONFLUENCE WITH THE NASKETUCKET RIVER, FAIRHAVEN SOUTH TO THE
CONFLUENCE WITH NASKETUCKET BAY AT A LINE FROM THE SOUTHERNMOST TIP OF
MIREY NECK, FAIRHAVEN TO A POINT NEAR SHORE DRIVE	67

MA95-0767

SIPPICAN RIVER	67

0.08SQ.MI	67

COUNTY RD. TO CONFLUENCE WITH WEWEANTIC R., MARION/WAREHAM. (CLASS SA,
SHELLFISHING OPEN, ALL IMPAIRED)	67

MA95-5367

BEAVERDAM CREEK	67

0.04SQ.MI	67

OUTLET FROM CRANBERRY BOGS OF RTE. 6, WAREHAM TO CONFLUENCE WITH
WEWEANTIC RIVER, WAREHAM. (CLASS SA, SHELLFISHING RESTRICTED). (CLASS SA,
SHELLFISHING ALL IMPAIRED)	67

MA95-5867

BREAD AND CHEESE BROOK	67
                                  xlvi

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4.9 Ml.  67

HEADWATERS, NORTH OF OLD BEDFORD ROAD, WESTPORT TO CONFLUENCE WITH
EAST BRANCH WESTPORT RIVER, WESTPORT	67

MEDIUM 67

MA95-0567

WEWEANTIC RIVER	67

0.62SQ.MI	67

OUTLET HORSESHOE POND, WAREHAM TO MOUTH AT BUZZARDS BAY,
MARION/WAREHAM. (CLASS SA, SHELLFISHING OPEN, PARTIALLY IMPAIRED,0.45SQ.MI.)
       67

MA95-2967

AGAWAM RIVER	67

0.16 Ml. 67

FROM THE WAREHAM WWTP TO CONFLUENCE WITH WANKINCO RIVER AT THE RTE. 6
BRIDGE, WAREHAM. . (CLASS SB, RESTRICTED)	67

SHELLFISHING	67

MA95-5068

WANKINCO RIVER	68

0.05SQ.MI	68

ELM ST. BRIDGE, WAREHAM TO CONFLUENCE WITH THE AGAWAM R., AT A LINE
BETWEEN A POINT SOUTH  OF MAYFLOWER RIDGE DRIVE AND A POINT NORTH OF THE
RAILROAD TRACKS NEAR SANDWICH RD., WAREHAM. (CLASS SA, SHELLFISHING
RESTRICTED)	68
                                  xlvii

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SHELLFISHING	68

MA95-4968

BROAD MARSH RIVER	68

0.16SQ.MI	68

FROM ITS HEADWATERS IN A SALT MARSH SOUTH OF MARION RD. AND BOURNE
TERRACE, WAREHAM TO THE CONFLUENCE WITH THE WAREHAM R. (CLASS SA,
SHELLFISHING RESTRICTED)	68

SWIMMING	68

MA95-51 68

CROOKED RIVER	68

0.04SQ.MI	68

FROM THE OUTLET OF A CRANBERRY BOG, EAST OF INDIAN NECK RD., WAREHAM TO
CONFLUENCE WITH THE WAREHAM R., WAREHAM. (CLASS SA, SHELLFISHING
RESTRICTED)	68

SHELLFISHING	68

MA95-5268

CEDAR ISLAND CREEK	68

0.01SQ.MI	68

FROM THE HEADWATERS NEAR INTERSECTION OF PARKER DR. AND CAMARDO DR.,
WAREHAM TO THE MOUTH AT MARKS COVE, WAREHAM. (CLASS SA, SHELLFISHING
RESTRICTED)	68

MEDIUM*	68
                                  xlviii

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(NO DATA)	68

SHELLFISHING	68

MA95-0368

WAREHAM RIVER	68

1.18SQ.MI	68

RTE. 6 BRIDGE TO MOUTH AT BUZZARDS BAY (AT AN IMAGINARY LINE FROM CROMSET
POINT TO CURVED POINT EAST, SOUTHEAST OF LONG BEACH POINT), WAREHAM.
INCLUDES MARK'S COVE, WAREHAM. (CLASS SA, SHELLFISHING OPEN, BUT PARTIALLY
RESTRICTED, 0.68/1.18SQ.MI.)	68

SHELLFISHING	68

MA95-0268

ONSET BAY	68

0.78SQ.MI	68

WAREHAM. CLASS SA, SHELLFISHING OPEN, BUT PARTIALLY RESTRICTED,
0.15/0.78SQ.MI.)	68

SHELLFISHING	68

MA95-01 68

BUTTERMILK BAY	68

0.77    68

BOURNE/WAREHAM. CLASS SA, SHELLFISHING OPEN, BUT PARTIALLY RESTRICTED,
0.16/0.77SQ.MI)	68

SHELLFISHING	68
                                   xlix

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MA95-6268

BUZZARDS BAY	68

8.0     68

OPEN WATER AREA ENCOMPASSED WITHIN A LINE DRAWN FROM WILBUR POINT,
FAIRHAVEN TO CLARKS POINT, NEW BEDFORD TO RICKETSON POINT, DARTMOUTH TO
VICINITY OF SAMOSET ST., DARTMOUTH DOWN TO ROUND HILL POINT, DARTMOUTH,
BACK TO WILBUR POINT, FAIRHAVEN	68

MA95-1468

CAPE COD CANAL	68

1.13    68

CONNECTION BETWEEN BUZZARDS BAY AND CAPE COD BAY IN BOURNE AND
SANDWICH	68

SHELLFISHING	68

MA95-4869

EEL POND	69

0.03    69

SALTWATER POND THAT DISCHARGES TO BACK RIVER, BOURNE	69

MA95-61 69

EEL POND	69

0.04    69

COASTAL POND AT THE HEAD OF MATTAPOISETT HARBOR, MATTAPOISETT	69

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MA95-4769

BACK RIVER	69

0.08    69

OUTLET OF SMALL UNNAMED POND, DOWNSTREAM FROM MILL POND, BOURNE TO
CONFLUENCE WITH PHINNEYS HARBOR, BOURNE (EXCLUDING EEL POND)	69

MA95-1569

PHINNEYS HARBOR	69

0.73    69

FROM THE CONFLUENCE WITH BACK R. TO ITS MOUTH AT BUZZARDS BAY BETWEEN
MASHPEE AND TOBY'S ISLAND, BOURNE	69

MA95-1669

POCASSET RIVER	69

0.05    69

FROM THE OUTLET OF MILL POND, BOURNE TO THE MOUTH AT BUZZARDS BAY,
BOURNE	69

MA95-1769

POCASSET HARBOR	69

0.33    69

FROM THE CONFLUENCE WITH RED BROOK HARBOR NEAR THE NORTHERN PORTION OF
BASSETT'S ISLAND AND PATUISETT TO THE MOUTH AT BUZZARDS BAY BETWEEN
BASSETT'S ISLAND AND WINGS NECK, BOURNE	69

MA95-1869

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RED BROOK HARBOR	69

0.91    69

FROM THE CONFLUENCE WITH POCASSET HARBOR BETWEEN THE NORTHERN PORTION
OF BASSETT'S ISLAND AND PATUISETT TO ITS MOUTH AT BUZZARDS BAY BETWEEN
BASSETT'S ISLAND AND SCRAGGY NECK, BOURNE (INCLUDING HEN COVE)	69

MA95-21 69

HERRING BROOK	69

0.01    69

FROM ITS HEADWATERS, NORTHEAST OF DALE DR. AND WEST OF RTE. 28A, TO ITS
MOUTH AT BUZZARDS BAY, FALMOUTH	69

MEDIUM SHELLFISHING	69

MA95-4669

HARBOR HEAD	69

0.02    69

THE SEMI-ENCLOSED BODY OF WATER SOUTH OF THE CONFLUENCE WITH WEST
FALMOUTH HARBOR AT CHAPPAQUOIT RD., FALMOUTH	69

SHELLFISHING	69

MA95-2069

WILD HARBOR	69

0.15    69

EMBAYMENT EXTENDS FROM POINT ROAD, NYES NECK TO CROW POINT AT THE END OF
BAY SHORE ROAD IN NORTH FALMOUTH	69

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SHELLFISHING	69

MA95-2269

WEST FALMOUTH HARBOR	69

0.29    69

FROM THE CONFLUENCE WITH HARBOR HEAD AT CHAPPAQUOIT RD., FALMOUTH TO THE
MOUTH AT BUZZARDS BAY AT A LINE CONNECTING THE ENDS OF THE SEAWALLS FROM
LITTLE ISLAND AND CHAPPAQUOIT POINT, FALMOUTH (INCLUDING SNUG HARBOR)	69

MA95-2370

GREAT SIPPEWISSET CREEK	70

0.03    70

FROM THE OUTLET OF BEACH POND IN GREAT SIPPEWISSETT MARSH TO THE MOUTH AT
BUZZARDS BAY, FALMOUTH, INCLUDING THE UNNAMED TRIBUTARY FROM THE OUTLET
OF FRESH POND, AND QUAHOG POND, FALMOUTH	70

MA95-2470

LITTLE SIPPEWISSET MARSH	70

0.02    70

FROM THE HEADWATERS NORTH OF SIPPEWISSET RD., FALMOUTH TO THE MOUTH AT
BUZZARDS BAY NEAR SACONESSET HILLS, FALMOUTH	70

MA95-2570

QUISSETT HARBOR	70

0.17    70

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THE SEMI-ENCLOSED BODY OF WATER LANDWARD OF A LINE DRAWN BETWEEN THE
KNOB AND GANSETT POINT, FALMOUTH	70

SHELLFISHING	70

7.2 WASTE LOAD ALLOCATIONS (WLAS) AND LOAD ALLOCATIONS (LAS) AS DAILY
CONCENTRATION (COLONIES/1 OOML)	80

7.4 - APPLICATION OF THE TMDL TO UNIMPAIRED OR CURRENTLY UNASSESSED
SEGMENTS	100

TABLE 8-1. TASKS	103

WATERSHED SPECIFIC COMMENTS / RESPONSES	169

RESPONSE: THE MASSDEP RELIES ON INFORMATION FROM LOCAL BOARDS OF HEALTH
AND THE COMMONWEALTH'S DEPARTMENT OF PUBLIC HEALTH FOR INFORMATION ON
BEACH CLOSURES. THIS INFORMATION IS BECOMING MORE TIMELY AND READILY
AVAILABLE WITH THE INSTITUTION OF A STATE WIDE REPORTING SYSTEM REQUIRED
AND FACILITATED BY THE PASSAGE OF THE NATIONAL BEACHES ACT. THIS WILL
PERMIT MUCH MORE RECENT INFORMATION TO BE USED IN THE LISTING OF IMPAIRED
WATERS IN THE FUTURE. IT SHOULD BE NOTED THAT BEACHES SUBJECT TO CHRONIC
CLOSURES NORMALLY WOULD BE LISTED AS IMPAIRED, BUT THOSE REPORTING
OCCASIONAL CLOSURES IN WHICH BATHER DENSITY IS SUSPECTED AS A POSSIBLE
CAUSE MAY NOT BE LISTED	169

2.  CZM COMMENT	170
                                  liv

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                            List of Figures
FIGURE 1-1. BUZZARDS BAY WATERSHED AND PATHOGEN IMPAIRED SEGMENTS	2

FIGURE 1-2. RELATIONSHIPS AMONG INDICATOR ORGANISMS (USEPA 2001)	4

FIGURE 2-1  BUZZARDS BAY WATERSHED LAND USE AS OF 1999	10

       10

       11

FIGURE 2-3. GENERAL LOCATION OF MASSACHUSETTS' NO DISCHARGE AREAS (USEPA
2004A). 12

FIGURE 4-1. DMF FECAL COLIFORM FIVE YEAR GEOMETRIC MEAN (1997-2001; MACZM
2003).   24
                                   Iv

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1.0   Introduction
Section 303(d) of the Federal Clean Water Act (CWA) and Environmental Protection Agencies (EPA's)
Water  Quality Planning  and Management Regulations  (40  CFR Part  130)  require states to place
waterbodies that do not meet established water quality standards on a list of impaired waterbodies
(commonly referred to as the "303d List") and  to develop Total  Maximum Daily Loads (TMDLs) for
listed waters and the pollutant(s)  contributing to the impairment.   In  Massachusetts,  impaired
waterbodies are included in Category 5 of the "Massachusetts Year 2006 Integrated List of Water: Part
2- Final Listing of Individual Categories of Waters" (2006 List;  MassDEP 2006a). Figure 1-1 provides a
map of the Buzzards Bay watershed with pathogen impaired segments indicated. As shown in Figure
1-1, much of the  Buzzards Bay waterbodies are  listed as a Category 5 "impaired or threatened for one
or more uses and requiring a TMDL" due to excessive indicator bacteria concentrations.

TMDLs are to be developed for water bodies that are not meeting designated uses under technology-
based controls only. TMDLs determine the amount of a pollutant that a waterbody can safely assimilate
without violating  water quality standards. The  TMDL  process  establishes the  maximum allowable
loading of  pollutants or other quantifiable  parameters for a water  body based on the relationship
between  pollutant sources and instream conditions. The TMDL process is designed to  assist states
and watershed stakeholders in the implementation of water quality-based controls specifically targeted
to known  sources of pollution in order to restore and  maintain  the quality of their water resources
(USEPA 1999). TMDLs allow watershed stewards to establish measurable water quality goals based
on the difference between site-specific instream conditions and state water quality standards.

A major goal of this TMDL is to achieve meaningful environmental results with regard to the designated
uses of the Buzzards Bay waterbodies. These include water supply, shellfish harvesting, and fishing,
boating, and swimming.   This TMDL establishes the necessary pollutant load to achieve designated
uses and water quality standard and  the companion  document entitled;  "Mitigation Measures to
Address  Pathogen Pollution  in  Surface Water: A  TMDL  Implementation  Guidance  Manual for
Massachusetts" provides guidance for the implementation of this TMDL.

Historically,  water and sediment quality studies  have focused  on  the control  of  point sources of
pollutants (i.e., discharges from pipes  and  other structural conveyances) that discharge directly into
well-defined hydrologic resources, such as  lakes, ponds, rivers, or estuarine segments. While this
localized  approach may be appropriate under certain situations, it typically fails to characterize the
more subtle and chronic sources of pollutants that are widely scattered throughout a broad geographic
region  such as a watershed (e.g., roadway runoff, failing septic systems  in high groundwater, areas of
concentrated wildfowl use, fertilizers, pesticides, pet waste, and certain agricultural sources). These so
called nonpoint sources of pollution often contribute significantly to the decline of water quality through
their cumulative impacts. A watershed-level approach  that uses the surface drainage  area as the basic
study unit enables managers to gain a more complete understanding of the potential  pollutant sources
impacting a waterbody and  increases  the precision of identifying local  problem areas or "hot spots"
which may detrimentally affect water and sediment quality. It is within this watershed-level framework
that the MassDEP commissioned the development of watershed based TMDLs

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                  Figure 1-1.  Buzzards Bay Watershed and  Pathogen Impaired Segments
                                                                               SoLrce: Office of Geographic and ' nMi onmertal InTonnation
                                                                               (MassGlS), Commonwealth of Massachusetts EOF A
                                                                               Sh^efiles DEP 2002 Irtegrated List of Waters C305(b)/303Ccf))
                                                                                                   as of July 2000
                                                                               dowiloaded from http://vww«mass.gov>mgis/ctecia.ht
Legend

	City/Town Boundary         DMF Designated Shellfish Growng Areas St

rmDEP Assessed |n1>.iim»ef* St^Uis ^H APPROVED
|^^| Pathogen Non-Impaired Segment |   | CONDITIOHALLYAPPROVED

  • Pathogen Impaired Segment    I   I CONDITIONALLY RESTRICTED
  Buzzards Bay Watershed
Pathogen  Impaired Segments
  and  Designated Shellfish
         Growing Area
    Pathogen Impaired Estuary      _J MAN AG EM EN T CLOSURE

                         11 PROHIBITED

                        ^^^= Highway

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       1.1. Pathogens and Indicator Bacteria
The  Buzzards Bay pathogen  TMDL is designed to support reduction of waterborne disease-causing
organisms, known as pathogens, to reduce public health risk.  Waterborne pathogens enter surface
waters from a variety of sources including  sewage and the feces of warm-blooded wildlife.  These
pathogens can pose a risk to human health due to gastrointestinal illness through exposure via
ingestion and contact with recreational waters, ingestion of drinking water,  and consumption of filter-
feeding shellfish.

Waterborne pathogens include a broad range of bacteria and viruses that are difficult to identify  and
isolate.  Thus, specific nonpathogenic bacteria have been identified that are typically associated with
harmful pathogens in fecal contamination.  These associated  nonpathogenic bacteria are used as
indicator bacteria as they are easier to identify and measure in the environment.  High densities of
indicator bacteria increase the likelihood of the presence of pathogenic organisms.

Selection of indicator bacteria is difficult as  new technologies challenge current methods of detection
and the strength of correlation of indicator bacteria and human illness.  Currently,  coliform and fecal
streptococci bacteria  are commonly used as indicators of potential pathogens (i.e., indicator bacteria).
Coliform  bacteria include total coliforms, fecal coliform and Escherichia coli (E. coli).  Fecal  coliform (a
subset of total coliform) and E. coli (a subset of fecal coliform) bacteria are present in the intestinal
tracts of warm blooded animals.  Presence of coliform bacteria in water indicates fecal contamination
and  the  possible presence of pathogens.  Fecal streptococci bacteria  are also  used as indicator
bacteria,  specifically  enterococci a subgroup  of fecal  streptococci.  These bacteria also  live in the
intestinal tract of animals, but their presence is a better predictor of human gastrointestinal illness than
fecal coliform since the die-off rate of enterococci  is much lower (i.e., enterococci bacteria remain in
the environment longer) (USEPA 2001).  The relationship of indicator organisms is provided in Figure
1-2.  The EPA, in the "Ambient Water Quality Criteria for Bacteria - 1986" document, recommends the
use of E. coli or enterococci as potential pathogen indicators in fresh water  and enterococci in marine
waters (USEPA 1986).

Massachusetts now uses E. coli and enterococci as indicator organisms of potential harmful pathogens
in fresh water. The Water Quality Standards  (WQS) that apply for fresh water were revised in 2007  and
E.  coli has replaced  fecal coliform as the indicator organism for pathogens (MassDEP,  2007).  The
Water          Quality         Standards          can          be          viewed          at:
http://www.mass.gov/dep/service/regulations/314cmr04.pdf.   Fecal  coliform are  still used  in  the
Massachusetts Water Quality  Standards for marine waters and are consistent with the  Massachusetts
Division of Marine Fisheries (DMF) in their classification of shellfish growing areas. In freshwater beach
areas,  Enterococci or E. coli are used as the indicator organism while Enterococci is used for marine
beaches, as required by the  Federal Beaches Environmental Assessment and Coastal Act of 2000
(Beach Act), an amendment to the CWA.

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Figure 1-2. Relationships among Indicator Organisms (USEPA 2001).
                               LUSJUB6JO
   Total Coliform
      Bacteria
      euepeg
                         Enterococci
   Escherichia coli
                            snumba
                                              LUn/AB
                 s//eoee/
               snooooo/e^ug
   u/n/oee/
snooooo/e^ug
The Buzzards Bay watershed pathogen TMDL has been developed using fecal coliform as an indicator
bacterium for shellfish  areas and enterococci for bathing  in marine waters and generally E. coli for
fresh waters (even though much of the recent ambient data is for fecal coliform).  Any changes in the
Massachusetts pathogen water quality standard  will apply to this TMDL at the time of the  standard
change. Massachusetts believes that the magnitude of indicator bacteria loading reductions outlined in
this TMDL will be both  necessary and sufficient to attain present WQS and any future modifications to
the WQS for pathogens.

       1.2. Comprehensive Watershed-based Approach to TMDL Development
Consistent with Section 303(d) of the CWA, the MassDEP has chosen to complete pathogen TMDLs
for all waterbodies in the Buzzards Bay watershed at this time, regardless of current impairment status
(i.e., for all waterbody categories on the approved 2006 Integrated List of Waters).  MassDEP believes
a  comprehensive  management approach carried out by all watershed communities is needed to
address the  ubiquitous  nature  of  pathogen sources  present in the  Buzzards Bay watershed.
Watershed-wide implementation is  needed to meet WQS and  restore designated uses in  impaired
segments while providing protection of desirable water quality in waters that are not currently impaired
or not assessed.
As discussed below, this TMDL applies to the 52  pathogen impaired segments of the Buzzards Bay
watershed that are currently listed on the CWA § 303(d) list of impaired waters and determined to be
pathogen  impaired in the "Buzzards  Bay Watershed  2000  Water Quality Assessment Report'

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(MassDEP WQA;  MassDEP 2003b) (see Figure  1-1, Table 4-3).  MassDEP recommends however,
that the information contained in this TMDL guide management activities for all other waters throughout
the watershed to  help maintain and protect existing water quality.  For these non-impaired waters,
Massachusetts is proposing "pollution prevention TMDLs" consistent with CWA § 303(d) (3).

The analyses conducted for the pathogen impaired segments in this TMDL would apply to the non-
impaired segments, since the sources and their characteristics are equivalent. The waste load and/or
load allocation for  each source and designated use would be the  same as specified herein.  Therefore,
the pollution prevention TMDLs would have identical waste load and load allocations based on  the
sources present and the designated use of the water body segment (see Table ES-2 and Table 7-1).

This Buzzards Bay watershed TMDL may, in appropriate circumstances, also apply to segments that
are listed for pathogen impairment in subsequent Massachusetts CWA § 303(d) Integrated List of
Waters.  For such segments,  this TMDL may apply if, after listing the waters for pathogen impairment
and taking into account all relevant comments submitted on the CWA § 303(d) list, the Commonwealth
determines with EPA approval of the CWA § 303(d) list that this TMDL should apply to future pathogen
impaired segments.

There are 109  waterbody segments assessed by the  MassDEP in the  Buzzards  Bay watershed
(MassGIS 2005).  These segments consist of 45 estuaries,  all of  which are pathogen impaired.  Seven
of the 14 river segments are pathogen impaired and only one of the 70 lake segments is pathogen
impaired and appears as such on  the official impaired waters list (303(d) List) (Figure 1-1).  Pathogen
impairment has  been documented by the MassDEP in previous reports, including the MassDEP Water
Quality Assessment Report (WQA), resulting in the impairment determination. In this TMDL document,
an overview of  pathogen impairment is provided to  illustrate the nature and extent of the pathogen
impairment problem. Additional data, not  collected by the MassDEP  or used to determine impairment
status, are also  provided in this TMDL to illustrate the pathogen problem. Since pathogen impairment
has been previously established only a summary is provided herein.

The  watershed  based  approach applied  to  complete  the   Buzzards  Bay  pathogen  TMDL  is
straightforward.    The  approach  is focused  on identification  of  sources,  source  reduction,  and
implementation  of appropriate  management plans.  Once identified, sources are required to meet
applicable WQS for indicator bacteria or be  eliminated.  Do to limited available source  data, this
approach does not include water quality analysis  or other approaches  designed  to link ambient
concentrations with source loadings. For pathogens and indicator bacteria, water quality analyses  are
generally resource intensive  and  provide results with  large  degrees  of  uncertainty.  Rather, this
approach focuses  on sources and required load reductions, proceeding efficiently toward water quality
restoration activities.

The stepwise implementation strategy for reducing indicator bacteria is an iterative process where data
are gathered on an ongoing basis, sources are identified and eliminated where possible, and control
measures including Best Management Practices (BMPs) are implemented, assessed and modified as
needed.  Measures to  abate  probable sources of waterborne pathogens include everything from  the
identification and  removal of illicit connections to stormwater  systems, which should  be  given  the

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highest priority, to public education,  improved storm water management, and reducing the influence
from inadequate and/or failing sanitary sewer infrastructure.

MassDEP believes that segments ranked as high priority in  Table 6-1 are indicative of the potential
presence of raw sewage and therefore they pose a greater  risk to the public. Elevated dry weather
bacteria concentrations could be the result of illicit sewer connections or failing septic systems.  As a
result, the first priority should be given to bacteria source tracking activities in those segments where
sampling activities show elevated levels of bacteria during dry weather. Identification and remediation
of dry weather bacteria sources is  usually  more straightforward and successful than  tracking and
eliminating wet weather sources.  If illicit bacteria sources are  found and eliminated it should result in a
dramatic reduction of bacteria concentration  in the segment in both dry and wet-weather.  Segments
that  remain  impaired during wet weather should be evaluated  for stormwater BMP implementation
opportunities starting with  less costly non-structural practices first (such as street sweeping, and/or
managerial approach using local  regulatory controls with ongoing evaluation of the success of those
programs. If it is determined that less costly approaches are not sufficient to address the issue then
appropriate  structural BMPs should be  identified  and  implemented where necessary.  Structural
stormwater BMP implementation  may  require additional study to identify cost efficient and effective
technology.
       1.3.TMDL Report Format
This document contains the following sections:
       D  Watershed Description (Section 2) - provides watershed specific information
       D  Water Quality Standards (Section 3) - provides a summary of current Massachusetts WQS
          as they relate to indicator bacteria
       D  Problem   Assessment  (Section 4)  -  provides  an  overview  of  indicator  bacteria
          measurements collected in the Buzzards Bay watershed
       D  Identification  of  Sources  (Section  5) -  identifies and  discusses potential  sources of
          waterborne pathogens within the Buzzards Bay watershed.
       D  Priority of Existing Sources (Section 6)
       D  TMDL Development (Section 7) - specifies  required TMDL development components
          including:
              o  Definitions and Equation
              o  Loading Capacity
              o  Load and Waste Load Allocations
              o  Margin of Safety
              o  Seasonal Variability
       D  Implementation Plan (Section 8) - describes specific implementation activities designed to
          remove pathogen impairment.   This section and the companion "Mitigation Measures to
          Address  Pathogen Pollution in Surface Water: A TMDL Implementation Guidance Manual
          for  Massachusetts" document  should   be   used  together  to   support  implementing
          management actions.
       D  Monitoring Plan (Section 9) - describes recommended monitoring activities

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D  Reasonable Assurances (Section 10) - describes reasonable assurances the TMDL will be
   implemented
D  Public Participation (Section 11)  - describes the public participation process, and
D  References (Section 12)

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2.0   Watershed Description
Buzzards Bay watershed is bordered to the east by Cape Cod and to the northeast by southeastern
Massachusetts.  The bay  is 28 miles  long and 8 miles wide  (MACZM  2003).  The  Buzzards Bay
watershed drains 432 square miles and includes 17 cities and towns within Massachusetts and Rhode
Island.   Land  use within the watershed is  primarily  undeveloped forest (Table 2-1, Figure 2-1).
Development in the watershed is concentrated in a half mile area landward of the coastline. MassDEP
estimated a  population of 373,690 people living in the watershed in 2000 (MassDEP 2003b).   Two-
fifths of these people reside in the Greater New Bedford area. The 280 mile coastline includes 11  miles
of public beaches (Figure 2-2).  Information regarding swimming beaches can be obtained  from the
beach quality annual reports available for download at the Massachusetts Department of Public Health
website (http://www.mass.gov/dph/beha/tox/reports/beach/beaches.htm).

The drainage basin includes several rivers, which flow into Buzzards Bay.  The rivers tend to  increase
in velocity and width as they near the bay. In comparison to other rivers in the state, the rivers in the
Buzzards Bay watershed tend to be shorter and have smaller drainage areas.  Water also enters the
Bay through  groundwater seepage.

Significant natural and cultural resources exist in the Buzzards Bay Watershed that warrants special
protection.   The Back  River and the  Pocasset River have been established as Areas of Critical
Environmental Concern (ACECs).  Projects within ACECs are subject to state agency jurisdiction and
are reviewed in  greater detail to avoid deleterious impacts to these sensitive environments.  The entire
Buzzards Bay is considered  a "No Discharge Area" (NDA).  NDAs are waterbodies in  which a state,
with EPA approval, has determined to be important ecological or recreational areas worthy of special
protection against the release of raw or treated sewage in navigable waters. Vessels are banned from
discharging both raw and treated sewage in a NDA.  NDAs in Massachusetts are provided  in Figure
2-3 (USEPA 2004a).

The Buzzards Bay watershed waters are commonly used for primary and secondary contact recreation
(swimming and boating), fishing,  wildlife viewing, habitat for aquatic life,  industrial cooling,  shellfish
harvesting, irrigation, agricultural uses, public water supply, and beachfront.

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Table 2-1. Buzzards Bay Watershed Basin Land Use as of 1999.
Land Use Category
Pasture
Urban Open
Open Land
Cropland
Woody Perennial
Forest
Wetland/Salt Wetland
Water Based Recreation
Water
General Undeveloped Land
Spectator Recreation
Participation Recreation
> 1/2 acre lots Residential
1/4 - 1/2 acre lots Residential
< 1/4 acre lots Residential
Multi-family Residential
Mining
Commercial
Industrial
Transportation
Waste Disposal
General Developed Land
% of Total Watershed Area
1.9
0.8
3.2
3.5
3.1
59.2
3.8
0.3
0.3
76.1
<0.1
1.3
7.3
6.0
2.8
0.2
0.4
1.8
1.2
1.4
1.5
23.9

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        Figure 2-1  Buzzards Bay Watershed Land Use as of 1999.
                                                         	City/Town Boundary
                                                         	Major Road
                                                              Pasture; Urban Open; Open Land; Cropland
                                                           | Woody Perennial; Forest
                                                         ^Bl Wetland; Salt Wetland
                                                         |^B Water Based Recreation, Water
                                                              Spectators. Participation Recreation
                                                           I Low, Medium and High Density Residential
                                                              Mining; Commercial; Industrial; Transportation; Waste Disposal
         2.5
                                  10
                                                   15
                                                                   20
                                                                                    25
                                                                                                     30
                                                                                                    • Miles
Sou-ce; Office of C-eaqraphic and Envitonmential Information
iMg-ffGI SX C.ommon^vealth of Massachueetts E OEA
Shspefi les Land U ~s by To\».nA:itv dov/nloaded from
rttp: //vwvwmass.gov/m gjs/ftpltis.htm
     Buzzards Bay
Watershed Land Use
       as of 1999
                                              i No. 10598-001
                                                                                     ENSR
                                               AECOM
                                                                                                   Figure 2-1
                                                    10

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        Figure 2-2.  Buzzards Bay Marine Beach Locations and Pathogen Impaired
                                             Segments.
SOLTce: Q ffi ce of Geographi c and E nvironm ertal I nform ation
(MassGIS), CotnmonM\ealth of Massachusetts E OEA
Shapefiles DEP 2002 IrtegratecJ List of Waters C305[b)/303(d))
dovnloaded from
Mtttp: /Mvvwm asagovAn gisAfltis2002 .htm
Marine Beaches dovyiloaded frcm
         .govATisis^'m iarinebeaches.htm
                                     10
                                                     15
                                                                      20
                                                                                      25
                                                                                                       30
                                                                                                       iMik
 Legend
 Marine Beach Type
^^™  Public
^^^^  Semi - Public
Highway
Major Road
Pathogen Impaired Segment
Pathogen Impaired Estuary
Basin Outline
  Buzzards Bay Watershed
Marine Beach Locations and
Pathogen Impaired Segments
                                                 Project No. 10598-001
                                                           ENSR
                                            AECOM
                                                                                                Figure 2-2
                                                   11

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Figure 2-3. General Location of Massachusetts' No Discharge Areas (USEPA 2004a).
                                                No
                                             in
                                   12

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3.0   Water Quality Standards
The Surface  Water Quality Standards  (WQS)  for the Commonwealth of Massachusetts establish
chemical, physical, and biological standards for the restoration and maintenance of the most sensitive
uses (MassDEP 2000a).   The WQS  limit the discharge of pollutants  to surface waters for the
protection of existing uses and attainment of designated uses in downstream and adjacent segments.

Fecal coliform,  enterococci, and E.  coli bacteria are found  in the intestinal tract of warm-blooded
animals, soil,  water, and certain  food and wood  processing wastes. "Although  they are generally not
harmful themselves, they indicate the possible presence of pathogenic (disease-causing) bacteria,
viruses, and protozoans that also live in human and animal digestive systems" (USEPA 2004b).  These
bacteria are often used as indicator bacteria since it is expensive and sometimes difficult to test for the
presence of individual pathogenic organisms.

In  2007 Massachusetts revised its  freshwater WQS by replacing fecal coliform with  E.  coli and
enterococci as the regulated indicator bacteria in freshwater systems, as recommended by the EPA in
the "Ambient Water Quality Criteria for Bacteria - 1986" document (USEPA 1986). The new WQS can
be accessed at: http://www.mass.gov/dep/service/regulations/314cmr04.pdf. The state had previously
done so for public beaches through regulations of the Massachusetts Department of Public Health as
discussed below.  Up until January of 2007 Massachusetts  used fecal coliform  as  the  indicator
organism for all  waters except  for marine bathing beaches, where the Federal BEACH Act requires the
use  of enterococci.   Massachusetts  adopted  E. coli  and enterococci for  all  fresh  waters and
enterococci for all marine waters, including non-bathing marine beaches.  Fecal coliform will remain the
indicator organism for shellfishing areas, however.

Pathogens  can significantly impact humans through ingestion  of, and contact with recreational waters,
ingestion  of  drinking  water,  and consumption  of filter-feeding  shellfish.  In addition  to  contact
recreation, excessive pathogen numbers impact potable water supplies.  The amount of treatment (i.e.,
disinfection) required to produce  potable water increases with increased pathogen contamination.
Such treatment  may cause the generation of disinfection by-products that are also harmful to humans.
Further detail  on pathogen impacts can be accessed at the following EPA websites:

    D  Water Quality Criteria: Microbial (Pathogen)
       http://www.epa.gov/ost/humanhealth/microbial/microbial.html
    D  Human  Health Advisories:
           o   Fish and Wildlife Consumption Advisories
               http://www.epa.gov/ebtpages/humaadvisofishandwildlifeconsumption.html
           o   Swimming Advisories
               http://www.epa.gov/ebtpages/humaadvisoswimmingadvisories.html

The Buzzards Bay watershed contains  waterbodies classified  as  Class A, Class B, Class SA, and
Class SB.

Shellfish growing areas are classified by the Massachusetts Division of Marine  Fisheries (DMF).  The
classification  system is provided below (MassGIS 2005).  Figure 1-1  provides designated shellfish
                                             13

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growing areas status as of July 1, 2000. The August, 2003 "Atlas of Stormwater Discharges in the
Buzzards Bay Watershed" reports that the growing area status remains virtually unchanged (MACZM,
2003). MACZM uses the following definitions to describe managed shellfish areas in Massachusetts.

       Approved - "Open for harvest of shellfish for direct human consumption subject to local rules
       and state regulations." (MassGIS 2005) "The area is shown to be free of bacterial contaminants
       under a variety of climatological and hydrographical situations  (i.e. assumed adverse pollution
       conditions)." (MassDEP 2002a).

       Conditionally Approved - "During the time area is approved it is open for harvest of shellfish
       for direct human consumption subject to local rules and  state regulations."  (MassGIS 2005)
       "This classification category may be assigned for growing  areas subject to intermittent and
       predictable microbiological contamination that may be present due to operation of a  sewage
       treatment plant,  rainfall, and/or season." (MassDEP 2002a)

       Conditionally Restricted - "During the time area is restricted it is only open for the harvest of
       shellfish with  depuration subject to local rules and  state  regulations." (MassGIS  2005)    "A
       classification  used  to  identify  a  growing  area  that meets  the criteria for the restricted
       classification except under certain conditions described in  a  management plan." (MassDEP
       2002a)

       Restricted - "Open for harvest of shellfish with  depuration subject to local  rules and state
       regulations or for the relay of shellfish." (MassGIS 2005) "A classification used to identify where
       harvesting shall be  by  special  license and the shellstock,  following harvest, is subject to  a
       suitable and effective treatment process through relaying or  depuration.  Restricted  growing
       areas are mildly or moderately contaminated only with bacteria." (MassDEP 2002a)

       Management Closure  -  "Closed for the harvest of shellfish. Not enough testing has been
       done in the area to determine whether it is fit for shellfish harvest or not." (MassDEP 2002a)

       Prohibited - "Closed for harvest of shellfish." (MassGIS 2005)  "A classification used to identify
       a growing area where the harvest of shellstock is not permitted. Growing  area waters are so
       badly contaminated  that no reasonable amount  of treatment will make the shellfish  safe for
       human consumption. Growing areas  must  also  be  classified  as Prohibited  if there is no or
       insufficient information available to make a classification decision." (MassDEP 2002a)

In  general, shellfish harvesting use is  supported (i.e.,  non-impaired) when  shellfish harvested  from
approved open shellfish areas are suitable for consumption without depuration and shellfish harvested
from restricted  shellfish areas are suitable  for consumption with depuration.   For an expanded
discussion  on the relationship between  the  DMF shellfish  growing areas  classification  and  the
MassDEP designated use support status, please  see the "Buzzards Bay Watershed 2000 Water
Quality Assessment Report' (MassDEP WQA; MassDEP 2003b).

In  addition to the WQS, the Commonwealth of Massachusetts Department of Public  Health (MADPH)
has established minimum  standards for bathing beaches  (105 CMR  445.000) under the State Sanitary
Code, Chapter VII (www.mass.gov/dph/dcs/bb4_01.pdf).  These standards have been adopted by the
                                             14

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MassDEP as state surface WQS for fresh water and apply to this revised TMDL.  The MADPH bathing
beach standards are generally the same as those which were recommended in the "Ambient Water
Quality Criteria for Bacteria - 1986" document published by the  EPA (USEPA 1986).  In the above
referenced document, the EPA recommended the use of enterococci as the indicator bacterium for
marine recreational waters and enterococci or E. coli for fresh waters.  As such, the following MADPH
standards have been established for bathing beaches in Massachusetts:

       Marine Waters - (1) No single enterococci sample shall exceed 104 colonies per 100 ml and
       the geometric mean of the most recent five enterococci  levels within the same bathing season
       shall not exceed 35 colonies per 100 ml.

       Freshwaters - (1) No single  E. coli sample shall exceed 235 colonies per 100 ml and the
       geometric mean of the  most recent five E.  coli samples within the same bathing season  shall
       not exceed 126 colonies per  100 ml; or (2) No single enterococci sample shall exceed 61
       colonies per  100 ml and the geometric mean of the most recent five  enterococci samples
       within the same bathing season shall not exceed 33 colonies per 100 ml.

The Federal BEACH Act of 2000 established a Federal standard for marine beaches. These standards
are essentially the  same as the MADPH marine beach standard (i.e., single sample not to exceed 104
cfu/100ml_ and  geometric mean of a statistically sufficient number  of samples  not to exceed 35
cfu/100ml_). The Federal BEACH Act and MADPH standards can be accessed on  the worldwide web
at   http://www.epa.gov/waterscience/beaches/act.html   and   www.mass.gov/dph/dcs/bb4_01 .pdf.
respectively.

Figure 2-2 provides the location of marine bathing beaches, where the MADPH Marine Waters and the
Federal BEACH Act standards would apply.  A map of freshwater beaches is not available at this  time.
However, a list of beaches (fresh and marine)  by community with indicator bacteria data can be found
in the annual reports  on the testing of public and semi-public beaches provided by the MADPH.  These
reports are available for download from the MADPH website  located at http://www.mass.gov/dph/beha/
tox/re ports/beach/beaches.htm.
                                           15

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4.0    Problem Assessment

Pathogen  impairment has been  documented at  numerous  locations  throughout the Buzzards  Bay
watershed, as shown in Figure 1-1. The amount of indicator bacteria and potential pathogens entering
waterbodies is dependent on several factors including watershed characteristics and meteorological
conditions.   Indicator  bacteria levels  generally increase with increasing  development  activities,
including increased impervious cover, illicit sewer connections, and failed septic systems.

Indicator bacteria levels also  tend to  increase with wet weather conditions as storm sewer systems
overflow and/or storm water runoff carries fecal matter that has accumulated to the receiving water via
overland flow and storm water conduits.  In some cases,  dry weather bacteria concentrations can be
higher when there is a  constant source that becomes diluted during periods of precipitation, such as
with illicit  connections.   The magnitude  of  these relationships is variable,  however,  and can be
substantially different temporally and spatially throughout the United States  or within each watershed.

Tables 4-1 and 4-2  provide typical ranges of fecal coliform concentrations in  storm  water associated
with various land use types.  Pristine areas are observed to have low indicator bacteria levels  and
residential  areas are observed to have  elevated indicator bacteria  levels.   Development activity
generally leads to decreased water quality (e.g., pathogen impairment)  in a watershed. Development-
related watershed modification includes increased impervious surface area  which can (USEPA 1997):
           []  Increase flow volume,
           []  Increase peak flow,
           []  Increase peak flow duration,
           []  Increase stream temperature,
           0  Decrease base flow, and
           0  Change sediment loading rates.

Many of the  impacts associated with  increased impervious surface area also  result in  changes in
pathogen  loading (e.g., increased sediment  loading  can  result in increased pathogen  loading). In
addition to increased impervious surface impacts, increased human and  pet  densities in developed
areas increase  potential fecal  contamination.   Furthermore,  storm  water  drainage  systems  and
associated storm water culverts and outfall pipes often result in the channelization  of streams which
leads to less attenuation of pathogen pollution.
                                             16

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Table 4-1. Wachusett Reservoir Storm Water Sampling (as reported in MassDEP 2002b) original
data provided in MDC Wachusett Storm Water Study (June 1997).
Land Use Category
Agriculture, Storm 1
Agriculture, Storm 2
"Pristine" (not developed, forest), Storm 1
"Pristine" (not developed, forest), Storm 2
High Density Residential (not sewered, on septic systems), Storm 1
High Density Residential (not sewered, on septic systems), Storm 2
Fecal Coliform Bacteria1
Organisms / 100 ml_
110 -21,200
200 -56,400
0-51
8-766
30-29,600
430-122,000
1 Grab samples collected for four storms between September 15, 1999 and June 7, 2000

Table 4-2.  Lower Charles River Basin Storm Water Event Mean Bacteria Concentrations (data
summarized from USGS 2002)1.
Land Use Category
Single Family Residential
Multifamily Residential
Commercial
Fecal Coliform
(CFU/100mL)
2,800-94,000
2,200-31,000
680-28,000
Enterococcus Bacteria
(CFUMOOmL)
5,500-87,000
3,200-49,000
2,100-35,000
Number of
Events
8
8
8
Pathogen impaired estuary segments represent 100% of the total estuary area assessed (25 square
miles).  Pathogen impaired river segments represent 21.3%  of the total  river miles assessed (10.2
miles of 47.9 total river miles).  In total, 52 segments, each in need of a TMDL, contain indicator
bacteria concentrations in excess of the Massachusetts WQS for Class A, SA, B, or SB waterbodies
(314 CMR 4.05)1,  the MADPH standard for bathing beaches2, and/or the BEACH Act3.  The basis for
impairment listings  is  provided in the 2006  Integrated  List of Waters  (MassDEP  2006a). Data
presented in the Water Quality Assessment Report (WQA) and other data collected by  the MassDEP
were used to generate the Integrated List. For more information regarding the basis for listing particular
segments for pathogen impairment, please see the Assessment Methodology section of the MassDEP
WQA for this watershed.

A list of pathogen  impaired segments requiring TMDLs is provided in Table 4-3.  Segments are listed
and  discussed in  hydrologic order (upstream to downstream) in  the following sections.  Additional
11 An Event Mean Concentration (EMC) is the concentration of a flow proportioned sample throughout a storm event.
These samples are commonly collected  using an automated sampler which can proportion sample aliquots based on
flow.

2 See Table ES-2, or Table 7-1, or web address
link:http://www. mass, aov/dep/service/reaulations/314cmr04.pdf
                                            17

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details regarding each  impaired segment including water withdrawals, discharges, use assessments
and recommendations to meet use criteria are provided in the MassDEP WQA.

An overview of the  Buzzards Bay watershed pathogen impairment is provided in this section  to
illustrate the nature and extent of the impairment. Since pathogen impairment has been previously
established and  documented on  the  Integrated  List,  it is not  necessary  to  provide detailed
documentation  of pathogen impairment herein. Available data from the  MassDEP WQA  and other
sources such as the Massachusetts  Office of Coastal Zone Management (MACZM) were reviewed and
are summarized by segment below for illustrative purposes.  The intent is to provide the reader with
background information and data for each segment currently listed as impaired on the state Integrated
List of Waters.
Table 4-3.   Buzzards Bay Pathogen
MassDEP 2003b and MassGIS 2005).
Impaired Segments  Requiring TMDLs  (adapted from
Segment
ID
MA95-40
MA95-45
MA95-59
MA95-41
MA95-37
MA95-54
MA95-34
MA95-44
MA95-31
MA95-32
MA95-33
MA95-42
MA95-63
MA95-38
Segment Name
East Branch Westport
River
Snell Creek
Snell Creek
East Branch Westport
River
West Branch Westport
River
Westport River
Slocums River
Snell Creek
Acushnet River
Acushnet River
Acushnet River
New Bedford Harbor
Outer New Bedford
Harbor
Clark Cove
Segment
Type
River
River
Estuary
Estuary
Estuary
Estuary
Estuary
River
River
River
Estuary
Estuary
Estuary
Estuary
Segment
Size1
2.85 mi
0.67 mi
0.01
sq. mi.
2.65
sq. mi.
1.28
sq. mi.
0.74
sq. mi.
0.67
sq. mi.
1.5 mi.
2.7 mi.
1.0 mi.
0.32
sq. mi.
1.17
sq. mi.
5.82
sq. mi.
1.15
sq. mi.
Segment Description
Outlet Lake Noquochoke, Westport to Old County Rd.
bridge, Westport
Drift Rd. to Marcus' Bridge in Westport
'Marcus Bridge', Westport to confluence with East
Branch Westport River, Westport
Old County Road bridge, Westport to the mouth at
Westport Harbor, Westport (excluding Horseneck
Channel)
Outlet Grays Mill Pond, Adamsville, Rhode Island to
mouth at Westport Harbor, Westport
From the confluence of the East and West Branches to
Rhode Island Sound; Bounded by a line drawn from the
southwestern point of Horseneck Point to the
easternmost point near Westport Light
Confluence with Paskamanset R., Dartmouth to mouth
at Buzzards Bay
Headwaters west of Main Street, Westport, to Drift
Road Westport
Outlet New Bedford Reservoir to Hamlin Rd. culvert,
Acushnet
Hamlin Rd. culvert to culvert at Main St., Acushnet
Main St. culvert to Coggeshall St. bridge, New Bedford/
Fairhaven
Coggeshall St. bridge to hurricane Barrier, New
Bedford/Fairhaven
Hurricane Barrier to a line drawn from Wilbur Point,
Fairhaven to Clarks Point, New Bedford
Semi-enclosed waterbody landward of a line drawn
between Clarks Point, New Bedford and Ricketsons
Point, Dartmouth
                                           18

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Segment
ID
MA95-13
MA95-39
MA95-35
MA95-60
MA95-65
MA95-56
MA95-08
MA95-09
MA95-10
MA95-64
MA95-07
MA95-53
MA95-58
MA95-05
MA95-29
MA95-50
MA95-49
Segment Name
Buttonwood Brook
Apponagansett Bay
Mattapoisett Harbor
Mattapoisett River
Nasketucket Bay
Hammett Cove
Sippican Harbor
Aucoot Cove
Hiller Cove
Little Bay
Sippican River
Beaverdam Creek
Bread and Cheese
Brook
Weweantic River
Agawam River
Wankinco River
Broad Marsh River
Segment
Type
River
Estuary
Estuary
Estuary
Estuary
Estuary
Estuary
Estuary
Estuary
Estuary
Estuary
Estuary
River
Estuary
Estuary
Estuary
Estuary
Segment
Size1
3.8 mi.
0.95
sq. mi.
1.1
sq. mi.
0.05
sq. mi.
3.7
sq. mi.
0.07
sq. mi.
2.0
sq. mi.
0.4
sq. mi. 7
0.04
sq. mi.
0.36
sq. mi.
0.09
sq. mi.
0.04
sq. mi.
4.9 mi.
0.62
sq. mi.
0.16
sq. mi.
0.05
sq. mi.
0.16
sq. mi.
Segment Description
Headwaters at Oakdale St., New Bedford to mouth at
Apponagansett Bay, Dartmouth
From the mouth of Buttonwood Brook to a line drawn
from Ricketsons Point, New Bedford to Samoset St.
near North Ave., Dartmouth
From the mouth of the Mattapoisett R., Mattapoisett, to
a line drawn from Ned Point to a point of land between
Bayview Avenue and Grandview Ave., Mattapoisett
From the River Road bridge, Mattapoisett to the mouth
at Mattapoisett harbor, Mattapoisett
From the confluence with Little bay, Fairhaven to
Buzzards bay along Causeway Road, Fairhaven and
along a line from the southern tip of Brant Island,
Mattapoisett to the eastern tip of West Island, Fairhaven
Hammett Cove, Marion to the confluence with Sippican
Harbor along a line from the southwestern most point of
Little Neck to the end of the seawall on the opposite
point
From the confluence with Hammett Cove to the mouth
at Buzzards Bay (excluding Blakenship Cove and
Planning Island Cove), Marion
From the confluence with Aucoot Creek, Marion to the
mouth at Buzzards Bay at a line drawn between
Converse Point and Joes Point, Mattapoisett
Area landward of a line drawn between Joes Point,
Mattapoisett and the second boat dock northeast of
Hiller Cove Lane, Mattapoisett
From the confluence with the Nasketucket River,
Fairhaven south to the confluence with Nasketucket
Bay at a line from the southernmost tip of Mirey Neck,
Fairhaven to a point near Shore Drive.
County Rd. to confluence with Weweantic R.,
Marion/Wareham
Outlet from cranberry bogs of Rte. 6, Wareham to
confluence with Weweantic River, Wareham
Headwaters, north of old Bedford Road, Westportto
confluence with East Branch Westport River, Westport
Outlet Horseshoe Pond, Wareham to mouth at
Buzzards Bay, Marion/Wareham
From the Wareham WWTP to confluence with
Wankinco River at the Rte. 6 bridge, Wareham
Elm St. bridge, Wareham to confluence with the
Agawam R., at a line between a point south of
Mayflower Ridge Drive and a point north of the railroad
tracks near Sandwich Rd., Wareham
From its headwaters in a salt marsh south of Marion Rd.
and Bourne Terrace, Wareham to the confluence with
the Wareham R.
19

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Segment
ID
MA95-51
MA95-52
MA95-03
MA95-02
MA95-01
MA95-62
MA95-14
**
MA95-48
MA95-61
MA95-47
MA95-15
MA95-16
MA95-17
MA95-18
MA95-21
MA95-46
MA95-20
MA95-22
Segment Name
Crooked River
Cedar Island Creek
Wareham River
Onset Bay
Buttermilk Bay
Buzzards Bay
Cape Cod Canal-
Estuary
Eel Pond-Estuary
Eel Pond-Estuary
Back River-Estuary
Phinneys Harbor-
Estuary
Pocasset River- Estuary
Pocasset Harbor-
Estuary
Red Brook Harbor-
Estuary
Herring Brook- Estuary
Harbor Head- Estuary
Wild Harbor- Estuary
West Falmouth Harbor-
Estuary
Segment
Type
Estuary
Estuary
Estuary
Estuary
Estuary
Estuary
Estuary
Estuary
Estuary
Estuary
Estuary
Estuary
Estuary
Estuary
Estuary
Estuary
Estuary
Estuary
Segment
Size1
0.04
sq. mi.
0.01
sq. mi.
1.18
sq. mi.
0.79
sq. mi.
0.77
sq. mi.
8.0
sq. mi.
1.13
sq. mi.
0.03
sq. mi.
0.04
sq. mi.
0.08
sq. mi.
0.73
sq. mi.
0.05
sq. mi.
0.33
sq. mi.
0.91
sq. mi.
0.01
sq. mi.
0.02
sq. mi.
0.15
sq. mi.
0.29
sq. mi.
Segment Description
From the outlet of a cranberry bog, east of Indian Neck
Rd., Wareham to confluence with the Wareham R.,
Wareham
From the headwaters near intersection of Parker Dr.
and Camardo Dr., Wareham to the mouth at Marks
Cove, Wareham
Rte. 6 bridge to mouth at Buzzards Bay (at an
imaginary line from Cromset Point to curved point east,
southeast of Long Beach point), Wareham. Includes
Mark's Cove, Wareham
Wareham
Bourne/Wareham
Open water area encompassed within a line drawn from
Wilbur Point, Fairhaven to Clarks Point, New Bedford to
Ricketson Point, Dartmouth to vicinity of Samoset St.,
Dartmouth down to Round Hill Point, Dartmouth, back
to Wilbur Point, Fairhaven
Connection between Buzzards Bay and Cape Cod Bay
in Bourne and Sandwich.
Salt water pond that discharges to Back River, Bourne.
Coastal pond at the head of Mattapoisett Harbor,
Mattapoisett
Outlet of small unnamed pond, downstream from Mill
Pond, Bourne to confluence with Phinneys Harbor,
Bourne (excluding Eel Pond).
From the confluence with Back R. to its mouth at
Buzzards Bay between Mashpee and Toby's Island,
Bourne.
From the outlet of Mill Pond, Bourne to the mouth at
Buzzards Bay, Bourne.
From the confluence with Red Brook Harbor near the
northern portion of Bassett's Island and Patuisett to the
mouth at Buzzards Bay between Bassett's Island and
Wings Neck, Bourne.
From the confluence with Pocasset Harbor between the
north Island and Patuisett to its mouth at Buzzards Bay
between Bassetts island and Scraggy Neck, Bourne
(including Hen Cove).
From its headwaters, northeast of Dale Dr. and west of
Rte. 28A, to its mouth at Buzzards Bay, Falmouth.
The semi-enclosed body of water south of the
confluence with West Falmouth Harbor at Chappaquoit
Rd., Falmouth.
Embayment extends from Point Road, Nyes Neck to
Crow Point at the end of Bay Shore Road in North
Falmouth
From the confluence with Harbor Head at Chappaquoit
Rd., Falmouth to the mouth at Buzzards Bay at a line
connecting the ends of the seawalls from Little Island
and Chappaquoit Point, Falmouth (including Snug
20

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Segment
ID

MA95-23
MA95-24
MA95-25
Segment Name

Great Sippewisset
Creek- Estuary
Little Sippewisset
Marsh- Estuary
Quissett Harbor-
Estuary
Segment
Type

Estuary
Estuary
Estuary
Segment
Size1

0.03
sq. mi.
0.02
sq. mi.
0.17
sq. mi.
Segment Description
Harbor).
From the outlet of Beach Pond in Great Sippewissett
marsh to the mouth at Buzzards Bay, Falmouth,
including the unnamed tributary from the outlet of Fresh
Pond, and Quahog Pond, Falmouth.
From the headwaters north of Sippewisset Rd.,
Falmouth to the mouth at Buzzards Bay near
Saconesset Hills, Falmouth.
The semi-enclosed body of water landward of a line
drawn between The Knob and Gansett Point, Falmouth.
1 Units = Miles for river segments and square miles for estuaries
*lt should be noted that in Table 4-3 above, the Mass DEP moved the last fourteen segments  (starting
with  MA 95-14  Cape Cod Canal and ending with MA 95-25 Quinsett Harbor), from the Cape Cod
Watershed to the Buzzards Bay Watershed  because these segments actually discharge to Buzzards
Bay even though they are on the Cape Cod.

This  TMDL is based on the current WQS  using fecal coliform for shellfish areas, and E. coli  for fresh
and  enterococcus for either salt  or fresh water bathing  respectively, as the  indicator organisms.
Enterococci data are provided at the bottom of each table when data are available. The MassDEP has
incorporated  E.  coli and enterococci as indicator organisms for all waters other than shellfishing  and
potable water intake areas. Not all data presented herein were  used to determine impairment listing,
due to a variety of reasons (including data quality assurance and quality control). The MassDEP used
only a subset of the available data to generate the Integrated Lists

Data from the Massachusetts Division of Marine Fisheries  (DMF) were used,  in part, as the basis for
pathogen  impairment for  many of the estuarine areas (Figure  1-1).  Numerous samples have been
collected throughout the  Buzzards Bay watershed  by the DMF.   DMF has a  well-established  and
effective shellfish monitoring program that provides quality assured data for each  shellfish  growing
area.  In addition, each  growing area must have a complete sanitary survey every 12 years, a triennial
evaluation  every  three  years and an annual  review  in order to maintain a shellfishing harvesting
classification with the exception of those areas already classified as Prohibited. The National Shellfish
Sanitation  Program establishes minimum requirements for sanitary surveys, triennial evaluations,
annual reviews and annual fecal coliform water quality monitoring and includes identification of specific
sources and assessment  of effectiveness  of controls and attainment of standards. "Each year water
samples are collected by  the DMF at 2,320 stations in 294 growing areas in Massachusetts's coastal
waters at a minimum frequency of five times while open to harvesting" (DMF 2002). Due to the volume
of data collected by the DMF, only a small sub-set of these data are provided herein.  For the most
recent indicator bacteria sampling data, please contact your local city or town shellfish constable or
DMF's Shellfish Project.

Available bacteria data  are summarized  in the following section. The primary  sources of data include,
but are not limited to,  DMF, CZM, MassDEP,  and the Westport River Watershed Alliance (WRWA).
Additional discussion can  be found at:
                                             21

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   D   MassDEP WQA 2003 - Buzzards Bay Watershed 2000 Water Quality Assessment Report
       available for download at http://www.mass.gov/dep/brp/wm/wqassess.htm.
   D   MACZM 2003 - Atlas of Stormwater Discharges in the Buzzards Bay Watershed available for
       download at http://www.buzzardsbay.org/stormatlas.htm

The summary tables for each segment contain data sources and calendar years for which data were
collected.  The  "Station"  column  displays the  sampling location  identifier  issued  by  sampling
organization and a short narrative description  if available. The  next three columns provide statistics
relating to sampling conducted. These columns provide the number of samples collected as well as the
number of those samples that were collected during the primary contact season.  The  next column
provides the range of fecal coliform values for the samples collected  at that station.  The "geometric
mean" column provides the geometric mean  of all the samples collected for  a particular station if
sufficient data exists.  The number and percentage of samples exceeding a threshold value is also
reported in  this  column. The threshold values  provided in this TMDL  are those established by the
MassDEP in the WQA and are:  100  cfu/100ml_ (Class A WQS-  average  shall  not exceed 20
cfu/100ml_,  and  10%  of the samples  shall  not  exceed 100  cfu/100ml_);  (Class  SA Shellfishing
Approved- average shall not exceed  14cfu/ 100mL, and 10%  of the samples shall not exceed 28
cfu/100  ml); (Class SB Shellfishing Approved (but not necessarily open)- average shall not exceed
88cfu/100 ml, and 10% of samples shall not exceed 260 cfu/100ml_); (Class B  WQS:  geometric
average (E  coli) shall not exceed 126cfu/100ml_, and a single sample shall not exceed 235 cfu/100ml_
(it should be noted that in January 2007, MA WQS for bacteria were revised to E coli). The percentage
value  indicates the percent of the samples exceeding the noted threshold.  For example "7 samples >
126 (44%)" indicates that 7 samples contained  fecal coliform densities greater than  126 cfu/100ml_,
equating to 44% of the samples analyzed.  It should be noted  that some of these percentages are
calculated based on the number of samples analyzed during the primary contact season, while others
may be calculated based on total number of samples.  Note that while many of the data included here
are for fecal coliform, which remain the  indicator of sanitary quality  for shellfish areas, E.  coli and
enterococcus in fresh  water and enterococcus in salt water are  now  the standards for swimming.
Nevertheless, fecal coliform remain  a qualitative indicator of water quality.

The MADPH publishes annual reports on the testing of public and semi-public beaches for both marine
and fresh waters.  These documents provide water quality data for each bathing beach by community
and note if there were exceedances of water quality criteria. There is also a list of communities that did
not    report    testing    results.       These    reports    can     be    downloaded    from
http://www.mass.gov/dph/beha/tox/reports/beach/beaches.htm. Marine and freshwater beach status is
highly variable and is therefore not provided in  each segment description.  Please see the MADPH
annual beach report for specific details regarding swimming beaches.

Individual maps  showing catch basins  and storm drain  discharges  are available in  the  "Atlas of
Stormwater  Discharges in  the Buzzards Bay Watershed" (MACZM  2003),  and are provided  in
appropriate  parts of this section of the report. The Buzzards Bay Project National  Estuary  Program,
through the  Mass CZM office in East  Wareham, has granted permission to include maps and other
relevant information in this final TMDL  report. These maps provide locations and prioritization of catch
basins, storm drains and road cuts inventoried by the MACZM. This entire report is also available for
download: http://www.buzzardsbav.ora/stormatlas.htm.
                                            22

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The  effort  to  prioritize storm  water discharges  (storm  drains  or  road  cuts) within  the "Atlas of
Stormwater Discharges in the Buzzards  Bay Watershed" includes maps which  are  included  in
Appendix A in this report. Each discharge is assigned a "high", "medium", or "low" priority ranking for
actual remediation based  upon combined scores from a number of criteria, such as: (1)  DMF estimate
of quality  of  shellfish production  potential  from  the  particular  area;  (2) Actual  present  DMF
management usage of the shellfish area adjacent to the discharge, e.g., closure of area = "0" points;
(3) production potential from adjoining/.adjacent  shellfish areas; (4)  relative bacteria water quality
levels of the particular area; (5) potential remediation project cost; (6) whether or not there is sewering
in the adjoining land area; (7)  number of discharges in the adjoining sub  basin area;  (8) number of
discharges in  the adjoining sub basin area  (9)  particular discharge  problem  as a  percent of all
discharges with problems  in the area; (10) proximity to a public bathing area; etc., (see pages 19- 27 in
the Atlas, http://www.mass.gov/dep/brp/wm/wqassess.htm for more details).

The following section of this report is intended to briefly summarize the impaired waterbody segments
and available data in the  Buzzards  Bay watershed.   For more information on any of these segments,
see the  "Buzzards Bay Watershed 2000 Water Quality Assessment Report" on the  MassDEP website:
http://www.mass.gov/dep/brp/wm/wqassess.htm.

Between 1997 and 2001,  DMF collected over 37,000  fecal coliform samples  from tributaries of
Buzzards Bay.  A summarization of the geometric means for shellfish growing areas over the same
period is given in Figures 4-1 and  4-2 below. Status of  these growing areas as  of July 1, 2000 is
provided in Figure 1-1.
                                             23

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Figure  4-1. DMF Fecal Coliform Five Year Geometric Mean (1997-2001; MACZM 2003).
 5 Year Fecal Coliform Geometric Mean
1997-2001 for Individual Sampling Stations

 Fecal coltforni per 100 ml:
   S 0-4.5
     4.5-7
     7-12
   8 12-18
   S 18-85
                     Lakei and ponds
                     River5 ^d streams
                  /V* Blizzards Bay watershed
    Note: Sample? were aim: amen? Jumg die :> yea: paiod ai


               536 Miles
     Mvj p?p?r?c lv d'.iizai'':.- 3t~ proi^c
   T- :S70 CraritarvHisJrmv. E '.V.Teijui VJi 02558
                      Dartmouth  \   New
                              l! Bedford
4.1 Segments With Data Available And Are Currently on the State List of Impaired Waters for
Pathogens.

East Branch Westport River Segment MA95-40
This 2.85 mile long  segment is a Class B warm water fishery in Westport. The segment begins at the
outlet of Lake Noquochoke and extends to Old County  Road bridge. The East Branch Westport River
watershed contains 169.4 acres of cranberry bog open space. Mid City Scrap Iron & Salvage has a
general storm water permit for this segment.  The Town of Westport has submitted a Notice of Intent
(NOI) requesting permit coverage under the NPDES program for their municipal separate storm sewer
system (MS4). According to the "Atlas of Stormwater  Discharges in the Buzzards Bay Watershed",
within the two combined  MA segments, East Branch Westport River, MA 95-40, and 95-41, there are
584 catch basins, of which 103 are treated, and there are a total of 332 pipe or road cut discharges, of
which 126 are ranked medium or high  priority for remediation, 17 of which have been remediated. A
map showing stormwater discharge priorities (Priority Map #1) for this particular segment is provided in
Section 6 herein.  A separate map, outlining stormwater drainage systems with outfalls (Westport Map
                                              24

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#2) of this segment and surrounding areas is shown also in Appendix A. This is also available for
download at http://www.buzzardsbay.org/stormatlas.htm.

A summary of fecal coliform data collected by the Westport River Watershed Alliance (WRWA), and
Environmental Sciences Services, Inc. (ESS), in 2001 and 2002 (MassDEP 2003b) is provided in Table
4-4.  The Alliance  conducted  their monitoring program  under  an approved  QAPP (Costa  2008).
Samples were collected during both wet and dry weather. The majority of the high fecal coliform counts
were collected during wet weather conditions.

Table 4-4. MA95-40 East Branch Westport River WRWA Fecal Coliform Data Summary.
Station
A-1: Westport River
at Rte 177 (WRWA)
3: Head of Westport
River at Old Colony
Rd
(WRWA)
Storm drain at
Gifford Road
between Route 177
and Old Colony Rd.
(ESS)
Total Number of Samples
(Number of Samples during
Primary Contact Season)
18(16)
18(16)
2
Fecal Coliform
Bacteria Range
(cfu/100ml_)
2-2,470
25 - 84,000
580,000-
2,100,000
Geometric Mean
(cfu/100ml_)
83
3 samples > 400 (19%)
1 sample > 2,000 (5%)
375
7 samples > 400 (44%)
4 samples > 2,000 (22%)
Insufficient data
Enterococci counts, collected by WRWA, ranged from 2-201,000 cfu/100mL (35 samples); 74% > 61 cfu/100mL
Snell Creek Segment (MA95-45)
This segment 0.67 mile long Class B creek extends from Drift Road to Marcus' Bridge in Westport.
The first Concentrated Animal Feeding Operations (CAFO) permit was issued to a farm bordering the
waterbody on Drift Road, but this farm no longer operates. The town of Westport has submitted a NOI
requesting permit coverage  under the NPDES program for their  MS4. Within the Town of Westport,
The "Atlas of Stormwater Discharges in the Buzzards Bay Watershed" has identified a total of 173 pipe
or road cut outfall discharges.  Out of this total,  126 are ranked either high or medium priority for
remediation, and 18 have already  been  remediated. A map showing stormwater discharge priorities
(Priority Map #1) for this particular segment is provided in Section 6 herein.  A separate map, outlining
stormwater drainage systems with outfalls (Westport Map #3) of this segment and surrounding areas is
shown     also    in    Appendix    A.    This    is    also    available   for    download    at
http://www.buzzardsbay.org/stormatlas.htm.

A  summary of fecal  coliform data  collected  by  the WRWA between March and October of 2001
(MassDEP 2003b) is provided in Table 4-5. The WRWA program operated  under an approved QAPP
(Costa  2008). Samples were collected during both wet and dry weather. The majority of the high fecal
coliform counts were collected during wet weather conditions.
                                            25

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Table 4-5. MA95-45 Snell Creek WRWA Fecal Coliform Data Summary.
Station
S-7: Snell Creek at
Marcus' Bridge
Total Number of Samples
(Number of Samples during Primary
Contact Season)
17(16)
Fecal Coliform
Bacteria Range
(cfu/100mL)
17-6,000*
Geometric Mean
(cfu/100mL)
307*
7 samples > 400 (44%)
4 samples > 2,000 (24%)
 * value reported as zero was not used in the number of samples analyzed, reported range or calculation.
Enterococci counts ranged from 12-94,000 cfu/100mL
Snell Creek Segment MA 95-59
This Class A shellfishing, impaired  segment covers 0.01 square miles beginning at the 'Marcus
Bridge', Westport, and running to the confluence with East Branch Westport River, Westport. As a
result of elevated fecal coliform bacteria  counts documented by WRWA at Marcus' Bridge and the
known problems at the Pimental Farm (see segment MA95-45) both recreational uses (primary contact
and shellfishing) are assessed as impaired.

DMF data (taken in both dry and wet weather periods) were taken over the years 1985- 2001 for the
Snell Creek Segment MA 95-59 are summarized in Table 4-6 as well as in Figures 4-1 and 4-2 above.
These are also available for download at http://www.buzzardsbay.org/stormatlas.htm.

Table 4-6. MA95-59 Snell Creek DMF Fecal Coliform Data
Total Number of
Data Points 1985-2005
202
Fecal Coliform Bacteria
Range (cfu/100mL)
1-247
Geometric Mean, 1997- 2001
data base
(cfu/100ml_)
24
East Branch Westport River Segment (MA95-41)
This Class SB Shellfishing (restricted)  segment covers 2.65 square miles beginning at Old County
Road bridge.  In the East Branch Westport River subwatershed, cranberry bogs make up 169.4 acres
of open space.. F L Tripp & Sons Inc. has a general storm water permit to discharge in this watershed.
This river segment  is adjacent to a farm on  Drift Road,  which was  issued the CAFO  permit as
discussed under Snell Creek MA95-45. Town of Westport has  submitted a  NOI requesting permit
coverage under the NPDES program for their MS4. According to the "Atlas of Stormwater Discharges
in the Buzzards Bay Watershed", within  the two combined MA segments, East Branch Westport River,
MA 95-40, and 95-41, there are 584 catch basins, of which 103 are treated, and  there are a total of 332
pipe or road cut discharges, of which 126 are ranked medium or high priority for remediation, of which
17 have actually been remediated. A map showing stormwater discharge priorities (Priority Map #1) for
this particular segment is provided in Section 6 herein. Separate maps, outlining stormwater drainage
systems with outfalls (Westport Maps #2-4;6,7,9) of this segment and surrounding areas, is shown also
in Appendix A. This is also available for download at http://www.buzzardsbay.org/stormatlas.htm.

Shellfish harvesting is impaired because of elevated levels of fecal coliform in 0.64 square miles of this
segment.  Designated shellfish growing areas status as of July 1, 2000 is provided  in Figure 1-1.
WRWA, ESS, and DMF data (taken in both dry and wet weather periods) are summarized in Table 4-7.
Also, DMF data are summarized in Figures 4-1 and 4-2 above.
                                            26

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Table 4-7. MA95-41 East Branch Westport River; WRWA: ESS: DMF Fecal Coliform Data.
Station
14
(WRWA)
15(WRWA)
17(WRWA)
18(WRWA)
19(WRWA)
KB(WRWA)
K4(WRWA)
WR1 (ESS)
WR2(ESS)
WR5(ESS)
DMF
stations
Total Number of
Samples
(Number of Samples
during Primary Contact
Season)
23 (20)
20(18)
15(14)
15(13)
15(15)
11 (10)
20(18)
3
2
2
2127
Fecal Coliform
Bacteria
Range (cfu/100ml_)
2-2,900
1 - 9,200
6-25,000
6 - 30,600
10-29,900
56-31,800
14-2,500
1-700
610-1,600
580,000-2,100,000
1-492
Geometric Mean
(cfu/100mL)
31
3 samples > 400 (14%)
1 sample > 2,000 (4%)
31
4 samples > 400 (22%)
3 samples > 2,000 (15%)
90
4 samples > 400 (29%)
2 samples > 2,000 (13%)
322
4 samples > 2000 (27%)
292
4 samples > 2,000 (27%)
423
2 samples > 2,000 (18%)
87
2 samples > 400 (1 1 %)
1 sample > 2,000 (5%)
Insufficient data
Insufficient data
Insufficient data
8.3
Enterococci counts (data collected by WRWA) ranged from 0-49,400 cfu/100mL (83 samples)

West Branch Westport River Segment MA95-37
This 1.28 square mile segment begins at the outlet of Gray's Mill Pond (also known as Adamsville
Pond) in Adamsville, Rhode Island to the mouth at Westport Harbor in Westport. This segment is a
Class SA, shellfishing (open) waterbody.  The Gray's Mill Pond, which is created by a dam and is used
by Gray's Grist Mill forms the headwaters of this segment.  There are no permitted NPDES dischargers
in this segment. Town of Westport has submitted a NOI requesting permit coverage under the NPDES
program for their MS4.  According  to the  "Atlas  of Stormwater Discharges  in the  Buzzards  Bay
Watershed", within this segment sub watershed there are 158 catch  basins, of which  12 are treated,
and there are a total of 43 pipe or road cut discharges, of which 13 are ranked medium or high priority
for remediation. One of these has been  remediated. A map showing stormwater discharge priorities
(Priority Map #1) for this particular segment  is provided in Section 6 herein. A separate map, outlining
stormwater drainage systems with outfalls (Westport Map #5) of this segment and surrounding areas is
shown also in Appendix A.

Shellfish harvesting is impaired  in 0.78 square miles of this segment. The suspected source of fecal
coliform is the MS4.  Designated shellfish growing areas status as of July 1, 2000 is provided in Figure
1-1. DMF and WRWA data (taken in both dry and wet weather periods) are summarized in Table 4-8,
DMF data are also summarized in  Figures 4-1 and 4-2 above.
                                            27

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Table 4-8.  MA95-37 West Branch Westport River ; DMF/WRWA Fecal Coliform Data
Total Number of
Data Points 1985- 2001
2197 (DMF)
19at1 station (WRWA)
Fecal Coliform Bacteria
Range (cfu/100mL)
1-2400
0-2,500
Geometric Mean, 1997- 2001
data base
(cfu/100mL)
5.2
8.6
* zero value reported in the range was not used in the calculation
Enterococci counts ranged from 0-3,200 cfu/100mL

Westport River MA95-54
This 0.74 square mile segment is a Class SA waterbody.  The segment extends from the confluences
of the East and West Branches of the Westport River to Rhode Island Sound. The Town of Westport
has submitted a NOI requesting permit coverage  under the NPDES program for their MS4. According
to the "Atlas of Stormwater Discharges in the Buzzards Bay Watershed", within the town of Westport
(which includes part of this segment) there are 29 low priority,  109 medium priority, and 17 high priority
discharges (see  Priority  Map #1  in Section  6  herein). A  total of 17 of  these discharges have been
remediated. Separate maps,  outlining stormwater drainage  systems with  outfalls  (Westport  Maps
#8,9) of this segment and surrounding areas are  shown also  in Appendix A.  This is also available for
download at http://www.buzzardsbay.org/stormatlas.htm.

Shellfish harvesting is supported in 0.5 square miles of this segment and  impaired in 0.78 square miles
due to elevated fecal coliform concentrations.  Designated shellfish growing areas status as of July 1,
2000 is  provided in Figure 1-1.  DMF 5 year (1997-2001) fecal coliform geometric mean data (taken in
both dry and wet weather periods) for stations in  this segment indicate relatively low  levels for the SA
Classification at most stations (0- 4.4cfu/100ml_) Summaries  of fecal coliform data are  in figures 4-1
and 4-2  above and are available for download at http://www.buzzardsbay.org/stormatlas.htm.

A summary of  fecal coliform data collected by WRWA between  March and October 2001 (MassDEP
2003b) is provided in Table 4-9.

Table 4-9.  MA95-54 Westport River; WRWA Fecal Coliform Data Summary.
Station
11 A: Off of
Westport Town
Wharf
7: Harbor entrance
at Charlton Wharf
Total Number of Samples
(Number of Samples
during Primary Contact
Season)
19(17)
9* (9)
Fecal Coliform
Bacteria Range
(cfu/100ml_)
<1 -1040
1 -157
Geometric Mean
(cfu/100ml_)
5.0
1 sample > 400 (6%)
5.9
* value reported as zero was not used in the reported range or calculation
Enterococci counts for 11A ranged from 0-410 cfu/100mL (17 samples); counts at station 7 ranged from 0-240 (17
samples)
Slocums River Segment MA95-34
This 0.67 square mile segment is a Class SA, Shellfishing (open) waterbody.  The segment begins at
the confluence with Paskamanset River at Rock O'Dundee Road in Dartmouth and flows to its mouth
at Buzzards Bay in Dartmouth.  The Slocums River subwatershed contains 74.6 acres of cranberry bog
                                             28

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open  space. The discharges from general permittees into  the  Paskamansett River, an upstream
segment, ultimately end up in this segment.  Discharge permits on the Paskamansett River include
nine general storm water permits and one permit to discharge emergency overflow from lagoons at the
Chase Road Well D Water Treatment Plant. The Town of Dartmouth was awarded $2.33 million in
FY'07 SRF Funds for_construction of new sewers. The Town of Dartmouth has also submitted a NOI
requesting permit coverage under the NPDES program for  their MS4.  . According  to the "Atlas of
Stormwater Discharges in the Buzzards Bay Watershed", within this segment sub watershed there are
107 catch  basins, of which none are treated, and there are a  total of 136 pipe or road cut discharges,
of which 16 are  ranked medium or high priority for remediation, of which  none  have actually been
remediated.  A map showing stormwater  discharge priorities (Priority  Map  #1) for this  particular
segment is provided in Section 6 herein. A separate map, outlining stormwater drainage systems with
outfalls (Dartmouth Map #6) of this segment and surrounding  areas is shown also  in Appendix A. This
information is also available for download at http://www.buzzardsbay.org/stormatlas.htm.

Impairment status for this segment was based on DMF growing area status. Shellfish harvesting is
supported  in 0.01 square miles and impaired in 0.66 square miles of this segment.   Designated
shellfish growing  areas status as of July 1, 2000 is provided in Figure 1-1. DMF data (taken in both dry
and wet weather periods) are summarized in Table 4-10, as well as in  Figures 4-1 and 4-2 above.

Table 4-10.  MA95-34 Slocums River; DMF Fecal Coliform Data
Total Number of
Data Points 1985- 2001
336
Fecal Coliform Bacteria
Range (cfu/100mL)
0- 4800
Geometric Mean, 1997- 2001
data base
(cfu/100mL)
12
Snell Creek Segment MA95-44
This 1.5 mile  long Class B warm water fishery flows from the headwaters area west of Main Street,
Westport, to Drift Road, Westport. WRWA collected fecal coliform and Enterococci bacteria samples at
Station S-1, Snell Creek at Drift Road between March and  October 2001. Samples were collected
during both wet and dry weather.  The majority of exceedances were recorded  during wet weather
conditions (Carvalho-Souza 2002).

Table 4-11. MA95-44 Snell Creek; WRWA Fecal Coliform Data Summary.
Station
S-1 (n=20, 17 during primary
contact season)
Fecal Coliform Bacteria Range
(cfu/100ml_)
6-3,100
Geometric Mean
92
6 samples > 400 (35%)
2 samples > 2,000 (10%)
  Enterococci counts ranged from 2 to 37,000 cfu/100ml_.
Acushnet River Segments MA95-32 & MA95-33
Segment MA95-32 is a 1.10 mile long Class B warm water fishery flows from the Hamlin Road culvert
to the culvert at Main Street, both in Acushnet. The Acushnet River subwatershed contains 429.6 acres
of cranberry bog  open space. The  only NPDES permitted discharger along  this segment is the
                                            29

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Acushnet Company-Titleist Golf Division.  The company discharges treated sanitary waste (via outfall
008) and  treated process waste, NCCW, and  boiler blow-down (via  outfall 010).  The outfall's
secondary limit for fecal coliform bacteria is 200/1 OOmL.

Segment MA 95-33  is a  0.31 square  mile segment and  is classified  as Class SB,  Shellfishing
(Restricted), CSO river segment. The segment runs from the outlet Main Street culvert in Acushnet to
the Coggeshall Street bridge in New Bedford/Fairhaven.  This segment receives discharges from ten
CSOs in the City of New Bedford. This segment also receives  discharge from nine storm drains.
Aerovox Inc. has a  permit to discharge storm water into the Acushnet River/New Bedford Harbor.
Additionally, Riverside  Auto  Service, Titleist and  Foot Joy  Ball Planting, and  Acushnet Rubber
Company have general  storm water permits. . The Town of Acushnet has submitted a NOI requesting
permit coverage under the  NPDES program for their MS4. The Town of Acushnet was awarded $16.8
million in FY'07 SRF Funds for Phase II of a sewer collection system construction effort. According to
the "Atlas  of Stormwater  Discharges in the Buzzards  Bay  Watershed", within  this  segment  sub
watershed (including MA 95-31, 95-32, 95-33) there are 736 catch basins, of which none  are treated,
and there are a  total of 66 pipe  or  road cut  discharges which are within the "potential  stormwater
contribution zone" of the embayment. A map showing stormwater discharge priorities (Priority Map #3)
for this particular segment is provided in Section 6 A herein.  This is also available for download at
http://www.buzzardsbay.org/stormatlas.htm.

Impairment status for this segment was based on DMF growing area status.  This segment is impaired
for shellfish harvesting.  The  causes of impairment are elevated  fecal coliform  concentrations  and
PCBs.  Designated shellfish growing areas status as  of July 1, 2000 is provided  in Figure 1-1. DMF
data (taken  in both  dry and  wet  weather periods) were taken over the years 1985- 2001  for  both
Acushnet River Segments MA 95-32, and MA 95-33, and are summarized  in Table 4-12, as well as in
Figures 4-1 and 4-2

Table 4-12.  MA95-32, MA95-33 Acushnet River; DMF Fecal Coliform Data
Total Number of
Data Points 1985-2001
195
Fecal Coliform Bacteria
Range (cfu/100mL)
0-494
Geometric Mean, 1997- 2001
data base
(cfu/100ml_)
62
During the winter of 2002 Umass Dartmouth School of Marine Science (SMAST) was given a grant of
$30,000 to quantify nitrogen loading  to the New Bedford Inner Harbor. Although the project was
intended  to address  nitrogen additional bacterial data  was collected by SMAST to determine the
potential for the river to be  a source of bacterial (fecal coliform, E. coli, Enterococci) contamination to
the estuary.  A stream gauge  was maintained and nitrogen and bacterial samples were collected
weekly for 12  months, with  additional samples associated with rain events. Unfortunately, the bacterial
data was not  available to MassDEP for inclusion in this TMDL but will be evaluated once available to
the Department to determine its associated impact on this TMDL.

New Bedford Inner Harbor Segment  MA95-42
This 1.25 square mile  segment is a  Class SB Shellfishing  (restricted),  CSO area.   The segment
extends from  Coggeshall Street Bridge to Hurricane  Barrier in New Bedford/Fairhaven.   In  the 1960s
the New Bedford-Fairhaven-Acushnet Hurricane Protection Project made three major alterations to the
                                            30

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Harbor:  a barrier across  New  Bedford and  Fairhaven  Harbor  including an  extension dike on the
mainland, Clarks Cove Dike, and Fairhaven Dike.

Industrial waste water NPDES permittees include Revere  Copper Products, Inc. (three cooling water
outfalls going to the wastewater treatment plant), Glen Petroleum Company, and Trio Agarvio Inc.
NPDES storm water dischargers include Revere Copper Products, Inc. (two outfalls), DN Kelley & Son
Inc. and Global Companies LLC. The City of New Bedford (12 CSOs and 6 storm water outfalls) and
the Town of Fairhaven have submitted NOIs for NPDES MS4 coverage. The City of New Bedford
recently updated  (2006) and is actively implementing a major long- term CSO control plan (see "Draft
CSO Baseline Conditions Report', Sept. 2006). The City was awarded $ 22 million in FY '07 SRF
funds for implementing these long- term controls and is on the 2009 state intended use plan for $19.3
million of SRF funds to reduce CSO by removing major grit blockages within the system.

According to the "Atlas of Stormwater Discharges in the Buzzards Bay Watershed", within this segment
sub watershed, there  are a total of 96 road cut and pipe  discharges, of which 75 are medium or high
priority for remediation,  of which  none have been remediated yet.  A  map  showing stormwater
discharge priorities (Priority Map  #3) for this particular segment is  provided  in Section  6  herein.
Separate maps,  outlining stormwater drainage systems with  outfalls (Fairhaven Map  #1,3) of this
segment and surrounding areas are shown in Appendix A. Sanitary waste NPDES dischargers include
the Town of Fairhaven and the City of Bedford (12 CSO outfalls) into the Acushnet River.

Impairment status for this segment was based on DMFgrowing area  status.  Shellfish  harvesting is
impaired in this segment due to fecal coliform bacteria and PCBs. Designated shellfish growing areas
status as of July 1, 2000 is provided in Figure  1-1. DMF data  (taken in both dry and wet weather
periods)  were  taken  over the  years 1985-  2001 for both New Bedford  Inner and  Outer Harbor
Segments MA 95-42, and MA 95-63, and are summarized in Table 4-13, as well as in Figures 4-1  and
4-2 above. Also,  the City of New Bedford, Shellfish Sanitation  Program conducted sampling between
August 1997 and August 2007 (Labelle, 2008). These data are also summarized in Table 4-13.

Table 4-13. MA95-42 New Bedford  Inner Harbor ;  DMF and City  of New Bedford (NBSSP) Fecal
Coliform Data
Total Number of
Data Points 1985- 2007
1084 (DMF)
271 (8 stations up to 41 X)
(NBSSB)
Fecal Coliform Bacteria
Range (cfu/100mL)
0-247
0->311
Geometric Mean, 1997- 2001
data base
(cfu/100mL)
9.0
>28*
4->311
146 readings >28
73 readings >100.
Station #90 (@Fairhaven
WWTP outfall had 18 out of
41 readings >311
most samples were reported at an upper limit rather than actually being determined. As such an exact
geometric mean could not be determined.

This segment was also covered by the SMAST nitrogen and bacteria loading study indentified in the
segment above.
                                            31

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Outer New Bedford Harbor Segment MA95-63
This 5.82  square  mile segment is a Class SA, Shellfishing (open) segment.  The  outer harbor is
defined by a straight line connecting Wilbur Point to Clarks Point and extends inwards to the Hurricane
Barrier.   Seven CSOs in  the  City of New Bedford,  as  well as  the  New Bedford WWTP (goes
approximately 1.5  miles off- shore), discharge into the outer harbor. As  noted above the City of New
Bedford is actively implementing a major long- term CSO control plan and has received $ 22 million in
FY  '07 SRF funds for implementing these long- term controls. The City is also permitted to discharge
storm water into Clark's Cove and Outer New Bedford Harbor. Cornell-Dubilier Electronics Corporation
discharges storm water to Fort  Phoenix Reach near the Acushnet River Estuary in the lower harbor.
Allegheny Rodney also has a storm water permit to discharge  in this segment.  Fairhaven and New
Bedford have submitted NOI's requesting permit coverage under the NPDES program for their MS4.
According to the "Atlas of Stormwater Discharges in the Buzzards Bay Watershed", within this segment
sub watershed, there are a total of 32 road cut and pipe discharges, of which all 32 are medium or high
priority for remediation. A  map showing stormwater discharge  priorities (Priority Map #3)  for this
particular segment is provided  in  Section 6 herein. Separate  maps, outlining  stormwater drainage
systems with outfalls (Fairhaven Map #3,4) of this  segment and surrounding  areas are shown   in
Appendix A. This is also available for download at http://www.buzzardsbay.org/stormatlas.htm.

Impairment status for this segment was  based on DMF growing  area status. Shellfish harvesting in
this segment is impaired due to fecal coliform bacteria. Designated shellfish growing areas status as of
July 1, 2000 is provided in Figure  1-1. DMF data  (taken in both  dry and wet weather periods) were
taken over the years 1985- 2001 for both New Bedford Inner and Outer Harbor  Segments MA 95-42,
and MA 95-63, and are summarized in Table 4-14, as well  as in Figures 4-1 and 4-2 above. Also, the
City of New Bedford,  Shellfish  Sanitation  Program conducted sampling between  August 1997 and
August 2008 (Labelle, 2008). These data  are also summarized in Table 4-14.

Table 4-14.  MA95-63  Outer New Bedford Harbor ; DMF  and  City of New Bedford  (NBSSP) Fecal
Coliform Data
Total Number of
Data Points
1084 (DMF)
West Shore— 584(16
stations up to 75 X) (NBSSP)
East Shore — 367 (9 stations
up to 43 X) (NBSSP)
Fecal Coliform Bacteria
Range (cfu/100ml_)
0-247
<2->311
<2->311
Geometric Mean
(cfu/100ml_)
9.0
Stations 65, 66: >28
All other stations <11
80 readings >28
20 readings >100
Stations #65, 66 near Hurricane Barrier
have numerous readings >28 (at least
50%oftime)
Undetermined
18 readings >28.
•   most samples were reported at an upper limit rather than actually being determined. As such an
    exact geometric mean could not be determined.

Clarks Cove Segment MA95-38
This segment is a 1.90 square mile marine segment and is classified under the Massachusetts Surface
Water Quality Standards as Class SA Shellfishing (open). The cove extends from Clarks Point in New
Bedford southeast to Ricketsons Point in Dartmouth. New Bedford discharges storm water into Clark's
                                            32

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Cove.  New Bedford also discharges via  nine CSOs.  Dartmouth and New Bedford submitted  NOIs
requesting permit coverage under the NPDES  program for their MS4. According  to the "Atlas of
Stormwater Discharges in the Buzzards Bay Watershed", within this segment sub watershed there are
173 catch basins, of which 47 are treated, and there are a total of 27 pipe or road cut discharges which
are rated as  medium  or high in priority for remediation, of which  2 have been  remediated. Maps
showing stormwater discharge priorities (Priority Map #2,3) for this particular segment are provided in
Section 6 herein. A separate map, outlining stormwater drainage systems with outfalls (Dartmouth Map
#5) of this segment and  surrounding areas, is shown in Appendix A.  Theses are also available for
download at http://www.buzzardsbay.org/stormatlas.htm.

Impairment status for this segment was based on DMF growing area status. Shellfish harvesting in this
segment is  impaired by fecal coliform. Designated shellfish growing areas status as of July 1, 2000 is
provided in Figure  1-1. DMF data (taken  in both dry and wet weather periods) were taken over the
years 1985- 2001 for the Clarks Cove Segment MA 95-38 are summarized in Table 4-15, as well  as in
Figures 4-1 and 4-2 above. Also, the  City of New Bedford, Shellfish Sanitation Program conducted
sampling between August 1997 and August 2008 (Labelle, 2008). These data are also summarized in
Table 4-16.

Table 4-15. MA95-38 Clarks Cove ; DMF and City of New Bedford  (NBSSP) Fecal Coliform Data
Total Number of
Data Points 1985-2007
1932 (DMF)
398 (9 stations sampled up
to 63 X) Inner Clarks Cove
(NBSSP)
294 (7 stations sampled up
to 56 X) Outer Clarks Cove
(NBSSP)
304 (6 stations sampled up
to 75 X) Outside of Outer
Clarks Cove (NBSSP)
Fecal Coliform Bacteria
Range (cfu/100mL)
1-3,200 (DMF)
<2- 560- TNTC
<2- 240
<2- 240
Geometric Mean, 1997- 2007
data base
(cfu/100ml_)
6.9 (DMF)
28 readings>28MPN
Insufficient data*
11 readings >28
Insufficient data*
7 readings >28 (6 of these @
station #37, near WWTP
outfall)
Insufficient data*
*      most samples were reported at an upper limit rather than actually being determined. As such
an exact geometric mean could not be determined.

Apponagansett Bay Segment MA95-39
This is a 0.95 square mile Class SA Shellfishing (open) waterbody. Apponagansett Bay begins at the
mouth of Buttonwood  Brook and stretches to Ricketsons  Point in New Bedford and Samoset Street in
Dartmouth. The Apponagansett Bay subwatershed contains 4. 5 acres of cranberry bog open space.
Davis and Tripp  Inc.  is  permitted to discharge within this segment. The  Town  of Dartmouth was
awarded $2.33 million in FY'07 SRF Funds for construction of new sewers. Dartmouth submitted an
NOI  requesting permit coverage under the NPDES program for their MS4. According to the "Atlas of
Stormwater Discharges in the Buzzards Bay Watershed", within the Town_of Dartmouth, there are a
total of 423 road cut  and pipe discharges, of which all  121  are ranked medium  or high priority for
remediation, of which  13 have been  remediated. A  map showing stormwater discharge  priorities
(Priority Map #2)  for this  particular segment is  provided in Section 6 herein. Separate maps, outlining
                                            33

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stormwater drainage systems with outfalls (Dartmouth Maps #4,5,7) of this segment and surrounding
areas  are  shown  also  in  Appendix   A.   These   are   also   available   for  download  at
http://www.buzzardsbay.org/stormatlas.htm.

Impairment status for  this segment was  based  on  DMF growing area  status.   Periodic  high
concentrations of fecal coliform have caused 0.68 square miles of the Bay to be impaired for shellfish
harvesting. Designated shellfish growing areas status as of July 1, 2000 is provided in  Figure 1-1.
DMF data (taken in both dry and wet weather periods) were taken  over the years 1985- 2001  for the
Apponagansett Bay Segment MA 95-39 are summarized in Table 4-16, as well as in Figures 4-1 and
4-2 above. These are also available for download at http://www.buzzardsbay.org/stormatlas.htm.
Table 4-16.  MA95-39 Apponagansett Bay DMF Fecal Coliform Data
Total Number of
Data Points 1985-2001
1178
Fecal Coliform Bacteria
Range (cfu/100mL)
1-460
Geometric Mean, 1997- 2001
data base
(cfu/100ml_)
4.75
Mattapoisett Harbor Segment MA95-35 & MA95-60
Segment MA95-35 is  a 1.10  square mile Class  SA segment which is  open to  shellfishing.  The
segment begins at the  mouth of the Mattapoisett River and extends to Ned Point and to a point of land
between Bayview and  Grandview Avenues in Mattapoisett. Coen Brook is a tributary to Mattapoisett
Harbor.  The Old Rochester Regional School District has a permit to discharge treated sewage effluent
into Coen Brook. In 2002, the school district tied into the Mattapoisett sewer system, which, after going
through  the Fairhaven VWVTF, discharges treated water into the New Bedford Inner Harbor.

Segment MA95-60  is a 0.05 square mile, Class SA Shellfishing estuary that extends from the River
Road bridge, Mattapoisett to the mouth at Mattapoisett  Harbor, Mattapoisett. The  DMF Shellfishing
Status Report of July 2000 indicates that shellfishing  area  BB26.1  is conditionally approved, and
BB26.2  is restricted. Therefore the entire 0.05 square mile segment is assessed as impaired.

The  Town of Mattapoisett received a  FY'07 SRF Grant Award of $160,000 for development of a
comprehensive  wastewater management  plan. Mattapoisett  submitted  an NOI  requesting permit
coverage under the NPDES program for their MS4. According to the "Atlas of Stormwater Discharges
in the Buzzards Bay Watershed", the Mattapoisett River (upstream of this segment) has a total of 814
catch basins, of which 19 are treated, and there are a total of 241 pipe or road cut discharges which
are rated as medium  or high  in priority for remediation, of which 2  have been remediated. A map
showing stormwater discharge priorities (Priority Map #3) for this  particular segment is provided in
Section  6  herein. Separate maps, outlining stormwater drainage systems with outfalls  (Mattapoisett
Maps #3,4) of this segment and surrounding areas are shown  also in Appendix A. These maps are
also  available for download at http://www.buzzardsbay.org/stormatlas.htm.

Impairment status for these segments was based on DMF growing area status. Shellfish  harvesting in
this segment is supported for  1.0 square miles and  is impaired for 0.1 square miles due to  periodic
excessive fecal coliform concentrations.  Designated shellfish  growing areas status as of July 1, 2000
                                            34

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is provided in Figure 1-1. DMF data (taken in both dry and wet weather periods) were taken over the
years 1985- 2001 for the Mattapoisett Harbor Segment MA 95-35, and Mattapoisett River Segment MA
95-60 are summarized in the following Table  4-17, as well as in Figures 4-1 and 4-2 above. These are
also available for download at http://www.buzzardsbay.org/stormatlas.htm.
Table 4-17.  MA95-35 Mattapoisett River and MA95-60 Mattapoisett Harbor;  DMF Fecal Coliform
Data
Total Number of
Data Points 1985-2001
1614
Fecal Coliform Bacteria
Range (cfu/100mL)
1-3,200
Geometric Mean, 1997- 2001
data base
(cfu/100ml_)
13
Nasketucket Bay Segment MA95-65
This is a 3.7 square mile, Class SA Shellfishing estuary that extends from the confluence with
Little Bay, Fairhaven to Buzzards bay along Causeway Road, Fairhaven and along a line from the
southern tip of Brant Island, Mattapoisett to the eastern tip of West Island, Fairhaven.  Based on
the DMF Shellfish Status Report of 2000, Shellfish Harvesting Use was assessed as support for
3.2 square miles, and impaired for 0.5 square miles.

DMF data (taken in  both dry and wet weather periods) were taken over the years 1985- 2001  for
Nasketucket Bay (Segment MA 95-65 are summarized in Table 4-18 as well as in Figures 4-1 and 4-2
above. These are also available for download at http://www.buzzardsbay.org/stormatlas.htm.
Table 4-18. MA95-65 Nasketucket Bay ;DMF Fecal Coliform Data
Total Number of
Data Points 1985- 2001
1178
Fecal Coliform Bacteria
Range (cfu/100mL)
1-460
Geometric Mean, 1997- 2001
data base
(cfu/100mL)
4.8
Hammett Cove Segment MA95-56
This is a 0.07 square mile Class SA waterbody.  Hammett Cove is located in Marion and runs south to
the confluence  with Sippican Harbor.  A line connecting the southwest most point of Little Neck to the
end of the seawall on the  opposite point delineates the  southern boundary of this segment.  The
Hammett Cove subwatershed contains 34.7 acres of cranberry bog open space. Marion submitted an
NOI requesting permit coverage under the NPDES program for their MS4. According to the "Atlas of
Stormwater Discharges in the Buzzards Bay Watershed", the Town of Marion has a total of 280 catch
basins tied into treatment systems, and the town has a total  of 125 pipe or road cut discharges which
are rated as medium or high in priority for remediation, of which 13 have been remediated.  A map
showing stormwater discharge priorities (Priority Map #4) for this particular segment is provided in
Section 6 herein.  A separate map, outlining stormwater drainage systems with outfalls (Marion Map
#2) of this segment and surrounding areas is shown also in Appendix A.  This is also available for
download at http://www.buzzardsbay.org/stormatlas.htm.
                                            35

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Impairment status for this segment was based on  DMF growing area status.  Shellfish harvesting is
impaired in 0.02 square miles of this segment due to periodic elevated fecal coliform concentrations.
Designated shellfish growing areas status  as of July 1, 2000 is provided in Figure 1-1. Hammett Cove
MA 95-56  is part of the larger Sippican Harbor Segment MA 95-08 (Table 4-22) immediately below.
DMF data for both segments is summarized in  Figure 4-19 below, and are provided in Figures 4-1  and
4-2 above, and are also available for download at http://www.buzzardsbay.org/stormatlas.htm.
Sippican Harbor Segment MA95-08
This is a 2.0 square mile Class SA Shellfishing (open) waterbody.  Sippican Harbor extends from the
confluence with Hammetts Cove  to the mouth of Buzzards Bay  (excluding  Blankenship Cove and
Planning Island Cove). The Sippican Harbor subwatershed contains 37.8 acres of cranberry bog open
space. Barden's Boat Yard Inc and  Edey & Duff Ltd. have general  storm water permits.  The Town of
Marion submitted an NOI  requesting permit  coverage  under the NPDES program for their  MS4.
According to the "Atlas of Stormwater Discharges in the Buzzards Bay Watershed", the Town of Marion
has a total of 280 catch basins tied into treatment systems, and the town has a total of 125 pipe or road
cut discharges which are rated as medium or  high in priority for remediation,  of which  13 have been
remediated.  A map showing stormwater discharge priorities (Priority Map  #4) for  this  particular
segment is provided in Section 6 herein. Separate maps, outlining  stormwater drainage systems with
outfalls (Marion  Maps #2,4,5) of this segment  and surrounding areas are shown also in Appendix A,
and  is available for download at http://www.buzzardsbay.org/stormatlas.htm.  Island Wharf  has a
vessel sewage pump out shoreside facility and  porta-potty dump.

Impairment status for this segment was based on DMF  growing area status.  Shellfish harvesting is
impaired in  0.30 square miles  of this segment due to  periodic  fecal coliform concentrations.
Designated shellfish growing areas status as of July 1, 2000 is provided in Figure 1-1.  DMF data (taken
in  both dry and wet weather periods) were taken  over the years 1985- 2001 for the  Sippican Harbor
Segment MA 95-08, and the connecting Hammett Cove Area MA 95-56 are summarized in Table 4-19,
as  well  as  in   Figures  4-1  and  4-2  above.  These   are  also  available  for  download  at
http://www.buzzardsbay.org/stormatlas.htm.
Table 4-19. MA95-08 Sippican Harbor; MA 95-56 Hammett Cove DMF Fecal Coliform Data
Total Number of
Data Points 1985- 2001
1,275
Fecal Coliform Bacteria
Range (cfu/100mL)
1-350
Geometric Mean, 1997- 2001
data base
(cfu/100mL)
4.1
Aucoot Cove Segment MA95-09
This is a 0.50 square mile segment which is classified as SA, Shellfishing (open) segment.  Aucoot
Cove extends from the confluence with Aucoot Creek to the mouth of Buzzards Bay.  The area  is
bounded  to  the  south  by a line drawn  from Converse  Point to Joes  Point.   The Aucoot Cove
subwatershed contains 52.7 acres of cranberry bog open space. Marion submitted an NOI requesting
                                            36

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permit  coverage  under the  NPDES program  for their MS4. According to the  "Atlas  of Stormwater
Discharges in the Buzzards  Bay Watershed", the Town of Marion has a total of 280 catch basins tied
into treatment systems, and the town has a total of 125 pipe or road cut discharges which are rated as
medium or high  in  priority  for remediation, of which 13  have  been remediated.  A map showing
stormwater discharge priorities (Priority Map #4) for this particular segment is provided  in Section 6
herein. A separate  map, outlining stormwater drainage systems with outfalls (Marion  Map#4) of this
segment and  surrounding areas is shown also in Appendix A.  This is also available for download at
http://www.buzzardsbay.org/stormatlas.htm.  The Town  of Marion  Waste  Water Treatment Plant
discharges treated waste water into an unnamed brook tributary to Aucoot Cove.

Impairment status for this segment was based on DMF growing area status .Shellfish harvesting is
impaired in  0.04 square miles of this segment. Designated shellfish growing areas status as of July 1,
2000 is provided  in  Figure 1-1. DMF data (taken  in  both dry and wet weather periods) were taken over
the years 1985- 2001 for the Aucoot Cove Segment  MA 95-09  are summarized in Table 4-20 as well
as in Figures 4-1  and 4-2 above. These are also available for download at http://www.buzzardsbay.org/
stormatlas.htm.
Table 4-20. MA95-09 Aucoot Cove ; DMF Fecal Coliform Data
Total Number of
Data Points 1985-2001
502
Fecal Coliform Bacteria
Range (cfu/100ml_)
1-128
Geometric Mean, 1997- 2001
data base
(cfu/100ml_)
3.1
Miller Cove Segment MA95-10
Miller Cove is a 0.04 square mile Class SA segment. It is located landward of a line drawn between
Jones Point and the second  boat dock northeast of Miller Cove Lane in  Mattapoisett.  Mattapoisett
submitted an NOI requesting  permit coverage under the NPDES program  for their MS4. According to
the "Atlas of Stormwater Discharges in the Buzzards Bay Watershed", the  Town of Mattapoisett has a
total of 310 catch basins tied  into treatment systems, and the town has a total of 195 pipe or road cut
discharges  which are  rated as  medium  or high in  priority for remediation, of which 2  have been
remediated.  A map showing stormwater discharge  priorities  (Priority Map #4) for this particular
segment  is  provided   in  Section  6   herein.  This  is   also  available  for  download   at
http://www.buzzardsbay.org/stormatlas.htm.

Impairment status for this segment was based on DMF growing area status.  Shellfish harvesting is
impaired in 0.01 square miles of Miller Cove due to periodic excessive fecal coliform concentrations.
Designated shellfish growing  areas  status as of July 1, 2000  is provided in Figure 1-1.  Designated
shellfish growing areas status as of July 1, 2000 is provided in Figure 1-1. DMF data (taken in both dry
and wet weather periods) were  taken over the  years  1985- 2001 for the Hillier Cove Segment  MA
95-10 are summarized in Table 4-21  as well as in Figures 4-1 and 4-2 above. These are also available
for download at http://www.buzzardsbay.org/stormatlas.htm.

Table 4-21.  MA95-10 Miller Cove; DMF Fecal Coliform Data
       Total Number of
    Data Points 1985-2001
Fecal Coliform Bacteria
  Range (cfu/100mL)
Geometric Mean, 1997- 2001
        data base
                                            37

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373

1-240
(cfu/100ml_)
5.9
Little Bay Segment MA95-64
Little Bay is a 0.36 square mile, Class SA segment. It runs from the confluence with the Nasketucket
River, Fairhaven south to the confluence with Nasketucket Bay at a line from the southernmost tip
of Mirey  Neck,  Fairhaven to a point near Shore Drive. The DMF Shellfish Status Report in July,
2000, indicates that growing areas BB22.0 and BB22.3 are  conditionally approved and BB22.1 is
prohibited. Therefore, the entire segment is classified as prohibited.

DMF data (taken in both dry and wet weather periods) were taken over the years 1985- 2001 for the
Little Bay Segment MA 95-64 are summarized in Table 4-22 as well as in Figures 4-1 and 4-2 above.
These are also available for download at http://www.buzzardsbay.org/stormatlas.htm.

Table 4-22.  MA95-64 Little Bay; DMF Fecal Coliform Data
Total Number of
Data Points 1985-2001
1009
Fecal Coliform Bacteria
Range (cfu/100ml_)
1-492
Geometric Mean, 1997- 2001
data base
(cfu/100ml_)
5.9
Sippican River Segment MA95-07
This 0.08 square mile segment is designated as a Class SA, Shellfishing (open) river segment.  This
segment flows from County Road to its confluence  with Weweantic River in Marion/Wareham.  The
Sippican River subwatershed  contains 2313.1  acres  of cranberry bog open space.  The Town of
Marion submitted an NOI  requesting permit coverage  under the NPDES  program for their MS4.
According to  the "Atlas of Stormwater Discharges  in the Buzzards Bay Watershed", the Sippican
Harbor Area (including this segment) has a total of 426 catch basins, of which 48 are treated, and has
a total of 55 pipe or road cut discharges which are rated as medium or high in priority for remediation,
of which 6 have been remediated. A map showing stormwater discharge priorities (Priority Map #4) for
this  particular segment is  provided in Appendix  A  herein.  Separate maps, outlining stormwater
drainage systems with outfalls (Marion Maps #2,3) of this segment and surrounding areas are shown
in Appendix A, and  is also available for download at http://www.buzzardsbay.org/stormatlas.htm.

Impairment status for this segment was based on DMF growing area status. This entire river segment
is impaired for shellfishing  due to  periodic high fecal coliform concentrations.   Designated shellfish
growing areas status as  of July 1, 2000 is provided in Figure 1-1.  DMF data (taken in both dry and wet
weather periods) were taken over the years 1985- 2001 for the Sippican River Segment MA 95-07 are
summarized in Table 4-23,  as well as in Figures 4-1 and 4-2 above. These are  also available for
download at http://www.buzzardsbay.org/stormatlas.htm.

Table 4-23. MA95-07 Sippican River; DMF Fecal Coliform Data
Total Number of
Data Points 1985- 2001
1275
Fecal Coliform Bacteria
Range (cfu/100ml_)
1-350
Geometric Mean, 1997- 2001
data base
(cfu/100ml_)
4.1
                                            38

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Beaverdam Creek Segment MA95-53
Beaverdam Creek is a 0.04 square mile Class SA segment.  It begins at the outlet from the cranberry
bogs southeast of Route 6 and flows to its confluence with the Weweantic River.  The  Beaverdam
Creek subwatershed contains 40.8 acres of cranberry bog open space. Wareham submitted an NOI
requesting permit coverage under the  NPDES  program for their MS4. According to the  "Atlas of
Stormwater Discharges in the Buzzards Bay Watershed", the Town of Wareham has a total of 710 pipe
or road cut discharges of which 547 which  are rated as medium or high in priority for remediation, of
which 32 have been remediated. A map showing stormwater discharge priorities (Priority Map #4) for
this particular segment is provided in Section 6 herein. A separate map, outlining stormwater drainage
systems with outfalls (Marion  Map #3)  of this  segment and  surrounding areas is shown also in
Appendix A. This is  also  available for download at http://www.buzzardsbay.org/stormatlas.htm.

Impairment status for this  segment was based  on DMF growing area status.  Periodic high fecal
coliform values have caused shellfish  harvesting impairment in this  segment.   Designated shellfish
growing areas status as  of July 1, 2000 is provided in Figure 1-1. DMF data (taken in both dry and wet
weather periods) were taken over the years' 1985- 2001 for Beaverdam Creek (DMF shellfishing area
BB-35-1), and are summarized in Table 4-24 as well as in Figures 4-1 and 4-2 above. These are also
available for download at http://www.buzzardsbay.org/stormatlas.htm.

Table 4-24. MA95-53 Beaverdam Creek; DMF Fecal Coliform Data
Total Number of
Data Points 1985- 2001
92
Fecal Coliform Bacteria
Range (cfu/100mL)
1-460
Geometric Mean, 1997- 2001
data base
(cfu/100ml_)
3.8
Bread and Cheese Brook Segment MA95-58
This is a 4.9 mile long Class B river segment,  running from the headwaters, north of Old Bedford
Road,  Westport to confluence with East  Branch Westport  River, Westport. WRWA  collected
bacteria samples from Bread and Cheese Brook at Rte 177 between March and October 2001  (Table
4-25 below). Two elevated counts were representative of wet weather conditions. ESS also collected
fecal coliform bacteria samples from the three stations along Bread and Cheese Brook as part of a
Nonpoint Source bacteriological assessment project (01-02/MWI). ESS noted that large impervious
areas along Route 6 and Gifford Road  convey storm water runoff directly into  Bread and Cheese
Brook.  Livestock pastures were also noted within 200 feet of the brook.

Bread and  Cheese  Brook was previously listed  for pathogen  impairments.  Data collected  by the
Westport River Watershed  Alliance  and ESS are  provided in Table 4-25 and identify periodic
exceedances of the State Water Quality Standards.

Table 4-25. MA95-58 Bread and Cheese Brook;  WRWA Fecal Coliform Data Summary.
Station(s)
Total Number of Samples
(Number of Samples during Primary
Contact Season)
Fecal Coliform
Bacteria Range
(cfu/100ml_)
Geometric Mean
(cfu/100ml_)
                                            39

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Route 177,
Westport (WRWA)
WR-13, Bedford
Rd; WR-12, Route
6; WR-10, Route
177 (ESS)
17
12
0-1,190*
< 100
55.9
2 samples > 400 (13%),
rep. of wet weather
conditions.
< 100
 * Enterococci counts at Rte 177 ranged from 0 to 4940 cfu/100ml (n=16).

Weweantic River Segment MA95-05
This segment is designated as Class SA - Open to shellfishing. It is a 0.62 square mile segment that
begins at the outlet to Horseshoe Pond in Wareham and continues to the mouth at Buzzards Bay in
Marion/Wareham. Point Independence Yacht Club has a  vessel sewage pump out sewage facility
within this segment. The Weweantic River subwatershed contains 8969.4 acres of cranberry bog  open
space. The Towns of Wareham, Marion, and  Rochester have all submitted NOIs requesting permit
coverage under the NPDES program for their MS4. According to the "Atlas of Stormwater Discharges
in  the Buzzards Bay  Watershed", this segment  has  a total of  627 catch  basins  with potential
stormwater contribution, of which 122 are treated, and has a total of 84 pipe or road cut discharges
which are rated as medium or high in priority for remediation, of which 2 have been remediated. A map
showing stormwater discharge priorities (Priority Map #4)  for this  particular segment  is provided in
Section 6 herein. Separate  maps, outlining stormwater drainage systems  with outfalls  (Marion Maps
#2,3; Wareham  Maps 1,5) of this segment and surrounding  areas are shown also in Appendix A. This
is also available for download at http://www.buzzardsbay.org/stormatlas.htm.

Impairment status for this segment was based on DMF growing area status.  Periodic high levels of
fecal coliform have  caused shellfish harvesting impairment in 0.45  square  miles of this segment.
MassDEP suspects  municipal  separate storm sewer systems and failing septic systems  to be the
source of bacteria.  Designated shellfish growing areas status as of July 1, 2000 is provided in Figure
1-1. DMF data  (taken  in both dry and wet weather periods) were taken for the  Weweantic River
Segment MA95-05 (DMF shellfishing area BB-35) over the years 1985- 2001,  and are summarized in
Table 4-26 as well  as  in Figures 4-1  and 4-2 above.  These are also  available for download at
http://www.buzzardsbay.org/stormatlas.htm.

Table 4-26.  MA95-05 Weweantic River; DMF  Fecal Coliform Data
Total Number of
Data Points 1985- 2001
1065
Fecal Coliform Bacteria
Range (cfu/100mL)
1-460
Geometric Mean, 1997- 2001
data base
(cfu/100mL)
4.4
Agawam River Segment MA95-29 & Wankinco River Segment MA95-50

Segment MA95-29 (Agawam River) is 0.16 miles long and is classified as a Class SB waterway which
is restricted for  shellfishing.   The segment runs from the  Wareham WWTP to the confluence with
Wankinco River  at the Route 6 bridge in Wareham. The Agawam River subwatershed contains 2792.0
acres of cranberry bog open  space. The Town of Wareham  has  a permit to discharge treated sanitary
wastewater into  the Agawam River.  The  Town of Wareham  submitted an NOI  requesting  permit
coverage under  the NPDES program for their MS4. According to the "Atlas of Stormwater Discharges
                                           40

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in  the  Buzzards Bay Watershed",  this segment has a  total  of  437 catch basins with  potential
stormwater contribution, of which 24 are treated, and has a total of 96 pipe or road cut discharges
which are rated as medium or high in priority for remediation, of which none have been remediated. A
map showing stormwater discharge priorities (Priority Map #4) for this particular segment is provided in
Section 6 herein. Separate maps, outlining stormwater drainage systems with outfalls (Wareham Maps
2,3)  of this  segment and surrounding areas  are shown in Appendix A. This is also available for
download at http://www.buzzardsbay.org/stormatlas.htm.

Segment MA95-50 is 0.05 square mile Class SA waterbody extends from the Elm Street  bridge in
Wareham to the confluence with the Agawam River.  The subwatershed of the upstream segment
MA95-30 contains 1770.6 acres  of cranberry bog open space. According to the "Atlas of Stormwater
Discharges in  the  Buzzards Bay Watershed", this  segment has  a  total  of 547 pipe or  road cut
discharges  which are rated as medium or high  in priority for remediation, of  which  32 have been
remediated.  A map showing stormwater  discharge priorities  (Priority Map #4) for this  particular
segment is  provided in Section 6 herein. A separate map, outlining stormwater drainage systems with
outfalls (Wareham Map #2) of this segment and surrounding areas is shown also  in Appendix A.

Impairment status for these  segments was previously based on DMF growing area status.  Shellfish
harvesting along these segments is impaired due to periodic elevated fecal coliform levels.  Designated
shellfish growing areas status as of July 1, 2000 is provided in Figure 1-1. DMF data (taken in both dry
and wet weather periods) were taken over the years 1985- 2001 for the Agawam River Segment MA
95-29, and the  smaller connecting Wankinco River Segment MA 95-50, are summarized in Table 4-27,
as  well  as  in   Figures  4-1   and  4-2  above.  These  are  also   available  for  download  at
http://www.buzzardsbay.org/stormatlas.htm.

Table 4-27.  MA95-29 & MA95-50 Agawam and Wankinco Rivers; DMF Fecal Coliform Data
Total Number of
Data Points 1985- 2001
223
Fecal Coliform Bacteria
Range (cfu/100mL)
1-2,228
Geometric Mean, 1997- 2001
data base
(cfu/100mL)
10.8
Broad Marsh River Segment MA95-49
This 0.16 square mile Class SA waterbody flows from its headwaters in a salt marsh south of Marion
Road to the confluence with the Wareham River. There is a public  beach as well as several private
beaches along the  river. Wareham submitted an NOI requesting permit coverage under the NPDES
program for their MS4.  Fifteen storm drain pipes discharge directly  into the river. The Broad Marsh
Stormwater  Remediation Project  reduced fecal  coliform concentrations  in  runoff by  >99.99%,
according  to  post-project monitoring (MassDEP  2003b).  According  to the  "Atlas of Stormwater
Discharges in the Buzzards Bay Watershed", the Town of Wareham has a total of 710 pipe or road cut
discharges  of which 547 which are rated as medium or high  in priority for remediation,  of which 32
have  been  remediated.  A map  showing stormwater discharge  priorities (Priority Map #4) for this
particular segment  is provided in Section  6 herein.  A separate map,  outlining stormwater drainage
systems with outfalls (Wareham Map #6) of this segment and surrounding areas is shown  in Appendix
A. This is also available for download at http://www.buzzardsbay.org/stormatlas.htm.
                                            41

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Impairment status for this segment was previously based  on  DMF growing area  status.  Shellfish
harvesting along this segment was deemed to be impaired due to periodic high fecal coliform values.
This segment  should  be reassessed to determine if the Broad  Marsh Remediation Project  has
eliminated the impairment. Designated shellfish growing areas status as of July 1, 2000 is provided in
Figure  1-1. DMF data (taken  in both dry and wet weather periods)  were  taken over the years 1985-
2001 for the Broad Marsh River Segment MA 95-49 are summarized in Table  4-28, as well as in
Figures   4-1    and    4-2    above.   These    are    also    available    for    download   at
http://www.buzzardsbay.org/stormatlas.htm.

Table 4-28. MA95-49 Broad  Marsh River;DMF Fecal Coliform Data
Total Number of
Data Points 1985-2001
259
Fecal Coliform Bacteria
Range (cfu/100mL)
1-130
Geometric Mean, 1997- 2001
data base
(cfu/100ml_)
5.5
Crooked River Segment MA95-51
The Crooked River is a 0.04 square mile Class SA waterbody extending from the outlet of a cranberry
bog,  east of Indian  Neck Road,  to the confluence with  Wareham River.   The  Town  of Wareham
submitted an NOI  requesting permit coverage under the NPDES program for their MS4. According to
the "Atlas of Stormwater Discharges in the Buzzards Bay Watershed", the Town of Wareham has a
total of 710 pipe or road cut discharges of which 547 which are rated as medium or  high in priority for
remediation, of which  32 have been  remediated. A  map showing stormwater  discharge priorities
(Priority Map #4) for this particular segment is provided in Section 6 herein.  Separate  maps, outlining
stormwater drainage systems  with outfalls (Wareham Map #6,7) of this segment and surrounding
areas   are  shown   also  in   Appendix   A.   This   also   available   for   download   at
http://www.buzzardsbay.org/stormatlas.htm.

Impairment status for this  segment was  previously based on DMF growing area  status.  Shellfish
harvesting  along  this  segment  is  impaired due to  periodic  high fecal  coliform  concentrations.
Designated shellfish  growing areas status as of July 1, 2000 is provided in Figure 1-1. DMF data (taken
in  both dry and wet weather periods)  were taken over the years 1985- 2001 for the Crooked River
Segment MA 95-51 are summarized in  Table 4-29, as well as in Figures 4-1 and 4-2  above. These are
also available for download at http://www.buzzardsbay.org/stormatlas.htm.
Table 4-29. MA95-51 Crooked River; DMF Fecal Coliform Data
Total Number of
Data Points 1985- 2001
30
Fecal Coliform Bacteria
Range (cfu/100mL)
1-240
Geometric Mean, 1997- 2001
data base
(cfu/100mL)
15.3
Wareham River Segment MA95-03
                                            42

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This segment  includes 1.18 square miles  and extends from the  Route 6 bridge  to the mouth  at
Buzzards Bay.  The segment is classified in the state Water Quality Standards as an SA water.  Warr's
Marine has  a  vessel  pump-out facility and porta-potty dump located within this segment.  The
Wareham  River subwatershed  contains 2842.5 acres of cranberry bog open space. As  previously
noted the  Town of Wareham has submitted an NOI  requesting permit coverage under the  NPDES
program for their MS4.  According  to  the  "Atlas  of  Stormwater  Discharges  in  the Buzzards Bay
Watershed",  this segment has a total of 714 catch basins with potential stormwater contribution, and a
total of 229 pipe or road cut discharges which are rated as medium or high in priority for remediation, of
which 18 have been remediated. A map showing stormwater discharge priorities (Priority Map #4) for
this particular segment is provided in Section 6 herein. A separate map, outlining stormwater drainage
systems with outfalls (Wareham Map #6) of this segment and surrounding areas is shown in Appendix
A, and is available for download at http://www.buzzardsbay.org/stormatlas.htm.

Impairment status for  this segment was previously based on DMF  growing area status.  Shellfish
harvesting was determined to be impaired in 0.25  square miles of this segment due to periodic high
fecal coliform levels. Designated shellfish growing areas status as of July 1, 2000 is provided in Figure
1-1.  http://www.buzzardsbay.org/stormatlas.htm. DMF  data  (taken  in both dry and  wet weather
periods) were  taken over the years 1985- 2001  for the Wareham River  Segment MA  95-03 are
summarized  in Table 4-30, as  well as in  Figures  4-1 and 4-2  above. These are also available for
download at  http://www.buzzardsbay.org/stormatlas.htm.

Table 4-30.  MA95-03 Wareham River; DMF Fecal Coliform Data
Total Number of
Data Points 1985- 2001
1320
Fecal Coliform Bacteria
Range (cfu/100mL)
1-4800
Geometric Mean, 1997- 2001
data base
(cfu/100ml_)
8.5
Onset Bay Segment MA95-02
This 0.78 square mile Class SA segment is located in the Town of Wareham. Three vessel sewage
pump out facilities are located on this segment. The Onset Bay subwatershed contains 162.8 acres of
cranberry bog  open space.  The Town  of Wareham submitted an NOI  requesting permit  coverage
under the  NPDES  program  for their MS4. According to the "Atlas of Stormwater Discharges in the
Buzzards Bay Watershed", this segment has a total of 471 catch basins with potential stormwater
contribution, of which 76 are treated, and has a total of 94 pipe or road cut discharges which  are rated
as medium or high in priority  for remediation, of which  9 have been  remediated. Maps showing
stormwater discharge priorities (Priority Map #4,5) for this particular segment are provided in  Section 6
herein. Separate maps, outlining stormwater drainage systems with outfalls (Wareham maps 7, 8) are
shown    in     Appendix     A.     This    is    also    available     for     download     at
http://www.buzzardsbay.org/stormatlas.htm.

Impairment status for this segment was previously based on DMF  growing area status.  Shellfish
harvesting is  impaired in 0.15 square  miles  of this segment due  to periodic  high fecal coliform
concentrations.  Designated shellfish growing areas status as of July 1, 2000 is provided in Figure 1-1.
DMF data  (taken in both  dry and wet weather periods) were taken over the years 1985- 2001 for the
                                            43

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Onset Bay Segment MA 95-02 are summarized in Table 4-31, as well as in Figures 4-1 and 4-2 above.
These are also available for download at http://www.buzzardsbay.org/stormatlas.htm.

Table 4-31. MA95-02 Onset Bay; DMF Fecal Coliform Data
Total Number of
Data Points 1985-2001
3245
Fecal Coliform Bacteria
Range (cfu/100mL)
1-4800
Geometric Mean, 1997- 2001
data base
(cfu/100ml_)
3.3
Buttermilk Bay Segment MA95-01
Segment MA95-01 is a 0.67 square mile Class SA segment is located in Bourne/Wareham.  There is
one vessel sewage pump-out boat in this segment. The Buttermilk Bay subwatershed contains 515.0
acres of cranberry bog open space. Both Towns of Bourne and Wareham submitted NOIs requesting
permit coverage under the NPDES program for their  MS4. According  to the "Atlas of Stormwater
Discharges in the Buzzards Bay Watershed", this segment has a total of 58 discharges with potential
stormwater contribution, and has a  total of 46 pipe or road cut discharges which are rated as medium
or high in priority for remediation,  of which 14  have been remediated. A map showing stormwater
discharge priorities (Priority Map #5) for this particular segment are provided in Section 6 herein.
Separate maps, outlining stormwater drainage systems with outfalls (Bourne maps 1,2) are shown in
Appendix A. This is also available for download at http://www.buzzardsbay.org/stormatlas.htm.

Impairment status for this segment was previously based  on DMF growing area  status.   Shellfish
harvesting was  determined to be impaired  in 0.16 square miles of this segment due to excessive
periodic exceedances of the state fecal coliform criteria .  Designated shellfish growing areas status as
of July 1, 2000 is provided in Figure 1-1. DMF 5 year (1997-2001) fecal coliform geometric mean data
(taken in both dry and wet weather  periods) for stations  in this segment indicate  very high levels
(>18cfu/1 OOmL) in the northwest portion of the Bay on the border of Wareham and Bourne, and low to
moderate levels (0-7cfu/1 OOmL) throughout the other portions of the Bay. DMF data (taken in both dry
and wet weather periods) were taken over the years  1985- 2001 for the  Buttermilk Bay Segment MA
95-01 are summarized in  Table 4-32, as well  as in Figures 4-1 and 4-2 above.  These are also available
for download at http://www.buzzardsbay.org/stormatlas.htm.
Table 4-32. MA95-01 Buttermilk Bay; DMF Fecal Coliform Data
Total Number of
Data Points 1985- 2001
1892
Fecal Coliform Bacteria
Range (cfu/100mL)
1-2,400
Geometric Mean, 1997- 2001
data base
(cfu/100ml_)
8.5
                                            44

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Buzzards Bay Segment MA 95-62
Segment 95-62 encompasses 8.0 square miles of open water estuary within a line drawn from Wilbur
Point,  Fairhaven to Clarks Point,  New Bedford to Ricketson  Point, Dartmouth  to  vicinity  of
Samoset St., Dartmouth down to Round  Hill Point, Dartmouth, back to Wilbur Point, Fairhaven.

The  18,000-acre New Bedford  Harbor is an  urban  tidal  estuary  with sediments that  are  highly
contaminated with polychlorinated biphenyls (PCBs) and heavy metals.

The DMF Shellfish Status Report of July 2000 indicates that shellfish growing area BB11.0 and BB14.0
are approved, BB11.3 and  BB14.3  are conditionally approved, and BB11.2, BB11.30, BB14.2, and
BB14.30 are prohibited (DFWELE 2000). DMF data (taken in both dry and wet weather periods) were
taken over the years 1985-  2001 for the Buzzards  Bay Segment MA 95-62 are summarized in Table
4-33,  as well  as in Figures  4-1  and  4-2  above.  These  are  also  available  for download  at
http://www.buzzardsbay.org/stormatlas.htm.  Also,  the  City of New  Bedford,  Shellfish  Sanitation
Program conducted sampling between August 1997 and August 2007 (Labelle, 2008). These data are
also summarized in Table 4-33.
Also located in the segment are three public beaches - Noquitt Beach, Anthony Beach, and Town
Beach. According to the Dartmouth Board of Health, there have been no closures (Dartmouth 2003
and MDPH 2002b).

Table 4-33. MA95-62 Buzzards Bay DMF and City of New Bedford (NBSSP) Fecal Coliform Data
Total Number of
Data Points 1985-2001
845 (DMF)
142 (NBSSP) (4 stations
sampled up to 38 X)
Fecal Coliform Bacteria
Range (cfu/100mL)
1-128
<2 to 18, with 95+% of
readings <2.
Geometric Mean, 1997- 2001
data base
(cfu/100ml_)
2.3
<2
The following fourteen segments (starting with MA 95-14 Cape Cod Canal and ending with MA
95-25 Quinsett Harbor) were previously included in the Cape Cod Pathogen TMDL. They were
moved to this document because although they are on the Cape Cod side of Buzzards Bay they
discharge to Buzzards Bay

Cape Cod Canal Segment MA95-14
The Cape Cod Canal is designated as a class SB waterbody  and is designated for shellfishing with
depuration. The segment encompasses 1.13 mi2 and connects Buzzards Bay and Cape Cod Bay. Two
vessel  sewage pump-out boats are located in Bourne and Sandwich.   Mirant Canal, LLC  has five
NPDES discharge outfalls, which discharge condenser cooling water, intake screen and flume flushing
water, floor and equipment drains, waste system blowdown and demineralizer and condensate polisher
waste waters. Massachusetts Maritime Academy has  a NPDES permit to discharge treated sanitary
waste,  untreated boiler water blowdown and treated swimming pool  discharge via two  outfalls. The
Towns of Bourne and Sandwich applied for NPDES permits for their MS4s.
                                           45

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The DMF Designated Shellfish Growing Areas Status identified 0.49 mi2for approved shellfishing; and
0.33 mi2 where shellfishing is presently prohibited (Figure 1-1).

DMF data (taken in both dry and wet weather periods) were taken over the years 1985- 2001 for the
Cape Cod Canal Segment MA 95-14 are summarized in Table 4-34, as well as in Figures 4-1 and 4-2
above. These are also available for download at http://www.buzzardsbay.org/stormatlas.htm.

Table 4-34. MA95-14 Cape Cod Canal ; DMF Fecal Coliform Data
Total Number of
Data Points 1985- 2001
395
Fecal Coliform Bacteria
Range (cfu/100mL)
1-9,800
Geometric Mean, 1997- 2001
data base
(cfu/100ml_)
3.2
One of the recent DMF sanitary surveys ( data included in Table 4-37 above) conducted on January
31,  2006, (following a rain event), had elevated readings: 1) at Sagamore Bridge, 9,800 cfu/100ml_;
Bourne Rotary Bridge culvert, 560 cfu/100ml_; Boat Basin ramp, 280 cfu/100ml_.

The MA Department of Public Health (DPH) sampled for enterococcus levels at Gilder Road Beach, 12
times just adjacent to this segment during 2006. Results ranged between <2 and 82 cfu /100mL with
no closures.

Eel Pond Segment MA95-48 & Back River Segment MA95-47

The Eel Pond segment encompasses 0.03 mi2 and is classified as a Class SA waterbody under the
state Water Quality Standards. The segment is designated  for shellfishing and is a salt water pond that
discharges into the  Back River. There are no known dischargers in this segment other than  MS4s.
The Town of Bourne has applied for a NPDES permit for their MS4.

The Division of Marine Fisheries (DMF) has Conditionally Approved this area for  shellfishing (Figure
1-1).
The Back River Segment is a 0.08 mi2 segment and is designated as a Class SA waterbody and is
designated for shellfishing. This segment flows from the outlet of a small unnamed pond (downstream
of Mill Pond) to its  confluence with  Phinneys Harbor.  The Lobster Trap Company has a permit to
discharge treated wastewater.

The DMF has conditionally approved the use of shellfishing in much of this segment and prohibited use
in a small portion  (see BBWQA, DMF website for growing areas BB47.1, BB47.2, BB47.20 and BB47.3
for                 more                specific                 information                at
http://www.mass.gov/dfwele/dmf/programsandprojects/dsga.htm#shelsani).

DMF data (taken  in both dry and wet weather periods) were taken over the years  1985- 2001  for the
combined segments Eel Pond  MA 95-48 (in Bourne) and Back River MA 95-47 and are summarized in
Table 4-35,  as well as  in Figures 4-1  and 4-2 above.  These are also  available for download at
http://www.buzzardsbay.org/stormatlas.htm.
                                           46

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These two segments were previously determined to  be  impaired based on DMF data and periodic
exceedances of the state Water Quality Standards.

Table 4-35. MA95-48 Eel Pond & MA95-47 Back River ; DMF Fecal Coliform Data
Total Number of
Data Points 1985-2001
523
Fecal Coliform Bacteria
Range (cfu/100mL)
1-2,400
Geometric Mean, 1997- 2001
data base
(cfu/100ml_)
6.7
Eel Pond Segment MA95-61
Segment MA95-61 is a 0.04 square mile coastal salt water pond at the head of Mattapoisett Harbor,
Mattapoisett.

The  DMF Shellfish Status Report of July 2000 indicates  that shellfish growing areas BB27.0  is
prohibited. DMF data (taken in both dry and wet weather periods) were taken over the years 1985-
2001 for the Eel Pond Segment MA 95-61 (in Mattapoisett) are summarized in Table 4-36, as well as in
Figures    4-1    and   4-2   above.    These    are   also   available   for   download    at
http://www.buzzardsbay.org/stormatlas.htm.

Based on the DMF shellfish growing area status this entire 0.04 mi2 segment was previously assessed
as being impaired due to periodically high coliform concentrations.
Table 4-36. MA95-61 Eel Pond (Mattapoisett) DMF Fecal Coliform Data
Total Number of
Data Points 1985- 2001
134
Fecal Coliform Bacteria
Range (cfu/100mL)
1-492
Geometric Mean, 1997- 2001
data base
(cfu/100ml_)
67
Phinneys Harbor Segment MA95-15
Phinney's Harbor is a 0.73 mi2 Class SA waterbody.  Its designated uses include shellfish harvesting .
The segment  extends from the confluence with the Back River to  its mouth at Buzzards Bay. A long
dike to Hog and Mashnee Islands partially encloses the harbor.  There are no known dischargers  in
this segment other than MS4s. The Town of Bourne has applied for a NPDES permit for their MS4.

DMF has approved 0.58 mi2 for shellfish harvesting and conditionally approved 0.15 mi2 (Figure 1-1).

DMF data (taken in both dry and wet weather periods) were taken over the years 1985- 2001 for the
Phinney's Harbor Segment MA 95-15 are summarized in Table 4-37, as well as in Figures 4-1 and 4-2
above. These are also available for download at http://www.buzzardsbay.org/stormatlas.htm.

Table 4-37. MA95-15 Phinney's Harbor; DMF Fecal Coliform Data
      Total Number of
Fecal Coliform Bacteria |  Geometric Mean, 1997- 2001
                                           47

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Data Points 1985-2001
848
Range (cfu/100mL)
1-4,800
data base
(cfu/100ml_)
4.3
The MA Department of Public Health (DPH) also sampled for enterococcus levels at Monument Beach,
12 times, and at Monument Marina 11  times within this segment during 2006. Results ranged between
<2 and 26 cfu /100mL with no closures.

Pocasset River Segment MA95-16
This segment encompasses 0.05 mi2  It is designated as a Class SA waterbody and designated for,
shellfishing. This segment is also designated as an Outstanding Resource Water. The Town of Bourne
has applied for a NPDES permit for their MS4.

The Division of marine Fisheries has listed this area as "Prohibited" for shellfishing which has resulted
in it being designated as an impaired water by MassDEP. (Figure 1 -1).

DMF data (taken in both dry and wet weather periods) were taken over the years 1985- 2001 for the
Pocasset River Segment MA 95-16 are summarized in  the following Table 4-38, as well as in Figures
4-1     and     4-2     above.     These     are     also    available    for     download    at
http://www.buzzardsbay.org/stormatlas.htm.

Table 4-38.  MA95-16 Pocasset River; DMF Fecal Coliform Data
Total Number of
Data Points 1985- 2001
173
Fecal Coliform Bacteria
Range (cfu/100mL)
1-4,800
Geometric Mean, 1997- 2001
data base
(cfu/100ml_)
11.0
The  MA Department of Public  Health (DPH) also  sampled for enterococcus  levels  at  Tahanto
Associates, Inc., Beach, 13 times within this segment during 2006. Results ranged between <2 and
272 cfu /100mL with 2 failures.

Pocasset Harbor Segment MA95-17
Pocasset Harbor is 0.33 mi2 and is a Class SA waterbody designated for shellfishing. The  segment
commences  at the confluence with  Red Brook Harbor to the mouth at Buzzards Bay.  DMF has
designated 0.20 mi2 of the Harbor as "Approved" for  shellfishing  with another 0.13 mi2 "Conditionally
Approved" (Figure 1-1).

DMF data (taken in both dry and wet weather periods) were taken over the years  1985- 2001 for the
Pocasset Harbor Segment MA 95-17 are summarized  in Table 4-39, as well as in Figures 4-1 and 4-2
above. These are also available for download at http://www.buzzardsbay.org/stormatlas.htm.

This segment was  previously listed by MassDEP as being impaired for pathogens  based on the DMF
designation including periodic exceedances of Water Quality Standards.
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The MA Department of Public Health (DPH) also sampled for enterococcus levels at Barlow's Landing
Beach, Pocasset Beach  Imp. Association Beach, and at Wings Neck Trust South  Beach 12 times
within this segment during 2006. Results ranged between <2 and 84 cfu /100mL with no closures.

Table 4-39. MA95-17 Pocasset Harbor; DMF Fecal Coliform Data
Total Number of
Data Points 1985-2005
631
Fecal Coliform Bacteria
Range (cfu/100mL)
1-3,200
Geometric Mean, 1997- 2001
data base
(cfu/100ml_)
4.0
Red Brook Harbor Segment MA95-18
Red Brook Harbor is a 0.91 mi2 Class SA segment which commences at the confluence with Pocasset
Harbor to its mouth at Buzzards Bay. The  DMF has designated 0.80 mi2 of the Harbor as "Approved"
for  shellfishing with  another 0.11 mi2  "Conditionally  Approved"  (Figure 1-1). Based on the DMF
designation and the periodic exceedances of MA Water Quality Standards the MassDEP has listed this
segment as impaired on the state list of impaired waters.

DMF data (taken in both dry and wet weather periods) were taken over the years 1985- 2001  for the
Red Brook Harbor (including Hen Cove) Segment  MA 95-18 are summarized in the following Table
4-40,  as well as  in  Figures 4-1 and 4-2  above.  These  are  also  available  for  download at
http://www.buzzardsbay.org/stormatlas.htm.

Table 4-40. MA95-18 Red Brook Harbor; DMF Fecal Coliform Data
Total Number of
Data Points 1985- 2005
788
Fecal Coliform Bacteria
Range (cfu/100mL)
1-3,200
Geometric Mean, 1997- 2001
data base
(cfu/100mL)
4.0
It should be noted  that several sanitary surveys conducted since 2001 show indications of elevated
fecal coliform levels > 50 cfu/100ml_ in the Hen Cove area.

Herring Brook Segment MA95-21
This segment encompasses 0.01 mi2 and is designated as a Class SA waterbody according to MA
Water  Quality  Standards. As  such it a primary designated use is for  shellfishing. The  segment
commences at its headwaters located northeast of Dale Drive and west of Route 28A to its  mouth at
Buzzards Bay.   The Town of Falmouth has applied for a NPDES permit for its MS4. This entire
segment has  been designated  as  "Prohibited"  for shellfishing by the Division of Marine  Fisheries.
Based  on this designation the MassDEP has listed it as impaired on the state list of impaired waters.
(Figure 1-1).

DMF data (taken in both  dry and wet weather periods) were taken over the years 1985- 2001  for the
Herring Brook Segment MA 95-21 are summarized in the  following Table  4-41, as well  as in Figures
4-1     and     4-2     above.     These    are     also    available    for    download    at
http://www.buzzardsbay.org/stormatlas.htm.
                                           49

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Table 4-41. MA95-21 Herring Brook ;DMF Fecal Coliform Data
Total Number of
Data Points 1985-2005
84
Fecal Coliform Bacteria
Range (cfu/100mL)
1-350
Geometric Mean, 1997- 2001
data base
(cfu/100ml_)
5.7
It should noted that the  DMF has done extensive sampling in the (non- connecting) Wild Harbor and
Wild River area, an adjacent reach/ harbor approximately 1 mile to the north of Herring Brook. A major
public beach, Old Silver Beach, lies between the two reaches. At least several of the stations (#4 to #7)
are behind Old Silver Beach  and the  Seacrest  Hotel  property, in an apparent drainage pattern,
suggesting a possible linkage with the Herring Brook sub- watershed. Fecal  coliform readings in the
Wild Harbor/ River reaches, in October- November 1988, ranged between 7.8-1,600, with 3 readings >
200 cfu/100ml_.  Between August 2003 and April 2006, there were 10 stations sampled  16 times, and
the ranges were between <2- >50 cfu/100ml_, with  17 readings >50 cfu/100ml_. These samplings
included stations #4- #7, mentioned above.

The  MA Department of Public Health (DPH) also sampled for enterococcus levels in 2006  at four
locations on Old Silver  Beach: two stations (residents beach) approximately 100- 200 yards to the
north of where Herring  Brook enters  Buzzards Bay,  and two  stations (public beach)  right  at where
Herring brook enters Buzzards  Bay.  All four stations were  sampled 13 times during  2006. Results
ranged between <2 and 124 cfu /100mL, with one closure.
Harbor Head Segment MA95-46
Harbor Head is a Class SA waterbody and as such is designated for shellfish use in the MA Water
Quality Standards. This 0.02  mi2 waterbody is located south of the confluence with West Falmouth
Harbor at Chappaquoit Road.  There are no known discharges in this segment other than MS4s.  The
Town of Falmouth has applied for a NPDES permit for its MS4.

The  DMF has designated this  area as  "restricted" for shellfishing.  (Figure 1-1). Based  on this
designation and the periodic exceedances of MA Water Quality Standards the MassDEP has listed this
segment as impaired on the state list of impaired waters.

DMF data (taken in both dry and wet weather periods) were taken over the years 1985- 2001 for the
Harbor Head Segment MA 95-46 are summarized in the following Table 4-42, as well as in Figures 4-1
and 4-2 above. These are also available for download at http://www.buzzardsbay.org/stormatlas.htm.

Table 4-42.  MA95-46 Harbor Head ; DMF Fecal Coliform Data
Total Number of
Data Points 1985-2005
93
Fecal Coliform Bacteria
Range (cfu/100mL)
1-128
Geometric Mean, 1997- 2001
data base
(cfu/100ml_)
8
Wild Harbor Segment MA95-20
Wild Harbor is  designated  as  a Class SA waterbody by MassDEP and  as such must  support
shellfishing.  This 0.15 mi2 embayment extends from Point Road, Nyes Neck to Crow Point at the end
                                            50

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of Bay Shore Road in North Falmouth. There are no known discharges in this segment other than
MS4s.  As previously mentioned the Town of Falmouth has applied for a NPDES permit for its MS4.

The  DMF has  designated this  area  as  "restricted"  for shellfishing. (Figure 1-1). Based on this
designation and the periodic exceedances of MA Water Quality Standards the MassDEP has listed this
segment as impaired on the state list of impaired waters.

DMF data (taken in both dry and wet weather periods) were taken over the years 1985-  2001  for the
Wild Harbor Segment  MA 95-20 are summarized in  Table 4.43,  as well as in Figures  4-1 and 4-2
above. These are also available for download at http://www.buzzardsbay.org/stormatlas.htm.

Table 4-43.  MA95-20 Wild Harbor ; DMF Fecal Coliform Data
Total Number of
Data Points 1985- 2005
566
Fecal Coliform Bacteria
Range (cfu/100mL)
1-3,200
Geometric Mean, 1997- 2001
data base
(cfu/100ml_)
7.3
Of particular note is that  DMF has done extensive sampling in the (non-connecting) Wild Harbor and
Wild River area, an adjacent reach/ harbor approximately 1 mile to the north of Herring Brook. A major
public beach, Old Silver Beach, lies between the two reaches. At least several of the stations (#4 to #7)
are behind Old Silver Beach  and the Seacrest Hotel  property, in an apparent drainage pattern,
suggesting a possible linkage with the Herring Brook sub- watershed. Fecal coliform readings in the
Wild Harbor/ River reaches, in October- November 1988, ranged between 7.8-1,600, with 3 readings >
200 cfu/100ml_. Between August 2003 and April 2006, there were 10 stations sampled 16 times, and
the ranges were between <2- >50 cfu/100ml_, with  17 readings >50 cfu/100ml_. These samplings
included stations #4- #7, mentioned above.

West Falmouth Harbor Segment MA95-22
The  West Falmouth  Harbor segment encompasses 0.29 mi2 and extends from the confluence with
Harbor Head to the mouth  at Buzzards  Bay. This segment has been designated as a  Class SA
waterbody capable of supporting  shellfishing.  The segment is in the Town of Falmouth which has
applied for a NPDES permit for its MS4.

The  DMF has designated 0.09 mi2 of the Harbor as "Approved" for shellfishing with another 0.20 mi2
"Conditionally Approved"  (Figure 1-1).

DMF data (taken in both dry and wet weather periods) were taken over the years 1985- 2001  for the
West Falmouth Harbor Segment MA 95-22 are summarized in Table 4-44, as well as in Figures 4-1
and 4-2 above. These are also available for download at http://www.buzzardsbay.org/stormatlas.htm.
Table 4-44. MA95-22 West Falmouth Harbor; DMF Fecal Coliform Data
                                            51

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Total Number of
Data Points 1985-2005
525
Fecal Coliform Bacteria
Range (cfu/100ml_)
1-130
Geometric Mean, 1997- 2001
data base
(cfu/100ml_)
9.6
The MA Department of Public Health (DPH) also sampled 13 times for enterococcus levels in 2006 at
three other locations within this segment during 2006: 1) Little Island Beach Club Beach; 2) and 3)
Chapaquoit Association,  Front Beach, and Back Beach). Results  ranged  between <2 and 10 cfu /
100mL, with no closures.

Great Sippewisset Creek Segment MA95-23
The Great  Sippewisset Creek is  designated as a Class SA waterbody.  It encompasses 0.03  mi2
extending from the outlet of Beach Pond to the mouth at Buzzards Bay. The DMF has designated this
entire segment as "Prohibited" for shellfishing. As such MassDEP  has included it on the state list of
impaired waters. (Figure 1-1).

DMF data  (taken in both  dry and wet weather periods) were taken  over the years 1985- 2001 for the
Great Sippewissett Creek Segment MA 95-23 are summarized in Table 4-45, as well as in Figures 4-1
and 4-2 above. These are also available for download at http://www.buzzardsbay.org/stormatlas.htm.

Table 4-45. MA95-23 Great Sippewissett Creek; DMF Fecal Coliform Data
Total Number of
Data Points 1985- 2005
104
Fecal Coliform Bacteria
Range (cfu/100ml_)
1-128
Geometric Mean, 1997- 2001
data base
(cfu/100mL)
2.8
In addition, the MA Department of Public Health collected fecal coliform samples at Saconesset Hills
Association Beach  within this  segment during 2006. A total of 14 samples were collected.   Fecal
coliform values ranged from <2 to >400 cfu/100ml_, with 2 failures.

 Little Sippewisset Marsh Segment MA95-24
Little Sippewisset Marshjs a 0.02 mi2, Class SA,  waterbody. It extends from its headwaters north of
Sippewisset Road to the mouth at Buzzards Bay. It is located within the Town of Falmouth. The Town
has applied for an NPDES permit for its MS4.

The DMF has designated this  entire segment as "Prohibited" for shellfishing. As such MassDEP has
included it on the state list of impaired waters. (Figure 1-1).

DMF data (taken in both dry and wet weather periods) were taken over the years 1985- 2001  for the
Wild Harbor Segment MA 95-24 are summarized in the following Table 4-46, as well as in Figures 4-1
and 4-2 above. These are also  available for download at http://www.buzzardsbay.org/stormatlas.htm.
Table 4-46. MA95-24 Little Sippewisset Marsh ;DMF Fecal Coliform Data
                                            52

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Total Number of
Data Points 1985-2005
88
Fecal Coliform Bacteria
Range (cfu/100ml_)
1-128
Geometric Mean, 1997- 2001
data base
(cfu/100ml_)
5.4
In addition, the MA Department of Public Health collected fecal coliform samples at Wood Neck River
Beach within this  segment during 2006. Fecal coliform values ranged from <2 to >400 (3 readings
exceeded  135 cfu/100ml_), with three failures.

Quissett Harbor Segment MA95-25
Quissett Harbor is designated as a  Class  SA waterbody in the  MA Water Quality Standards.  Its
designated uses includes shellfishing. The segment is 0.17 mi2 and includes landward of a  line drawn
between The Knob and Gansett Point in Falmouth . The Town of Falmouth has applied for a NPDES
permit for its MS4.

The DMF  has designated 0.1  mi2 of the Harbor as "Approved" for shellfishing with another 0.05 mi2
"Conditionally Approved"  (Figure 1-1). The MassDEP has listed this segment as "impaired" on the list
of impaired waters based primarily on the DMF designation and periodic exceedances of state Water
Quality Standards.
Available DMF data (taken in both dry and wet weather periods) were taken over the years 1985- 2005
for the Quissett  Harbor Segment MA 95-25 are summarized in Table 4-47, as well as in Figures 4-1
and 4-2 above. These are also available for download at http://www.buzzardsbay.org/stormatlas.htm.

Table 4-47. MA95-25 Quisett Harbor;DMF Fecal Coliform Data
Total Number of
Data Points 1985- 2005
482
Fecal Coliform Bacteria
Range (cfu/100ml_)
1-128
Geometric Mean, 1997- 2001
data base
(cfu/100mL)
3
4.2 Summation of the Data from the 48 Segments Above

Clearly, the areas of greatest concern from the data above are: (A) East Branch of the Westport River
MA95-41; (B) Acushnet River MA 95-33 to the New Bedford  Inner and Outer Harbor (including Clark's
Cove) Area. The East Branch, Westport River area shows quite a few elevated data sets for fecal
coliform in the tens of thousands, up to a maximum at one site of over 2,100,000 cfu/100ml_. Some of
the land uses suspected in these high bacteria counts include: animal feeding operations, dairy farms,
grazing in riparian areas, MS4 sources, on-site septic systems, and highway/ road runoff.

The Lower Acushnet River to New Bedford Harbor and Clark's Cove show historically elevated fecal
coliform counts, particularly during/ following  wet weather events. This appears   due to CSO
discharges  (a total of 28 remaining in the  whole area). DMF  data (1985-  2001) indicate  that the
Acushnet River (segment MA 95-33) has a geometric mean of 62.3 cfu/ 100mL, the  Inner- Outer
Harbor areas have a geometric mean of 9.0 cfu/100ml_, and in Clark's Cove  it is 6.9 cfu/100ml_. The
                                            53

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City of New Bedford is implementing corrective actions through its long-term CSO control plan which is
likely to already result in decreasing levels to these segments. Clearly, continued implementation of the
CSO discharges will greatly reduce bacteria loadings in this whole area.

4.2 Segments on the  State List of Impaired Waters for Pathogens Where No Recent Data are
Available

Acushnet River Segment MA95-31
This segment on the Achusnet River extends 2.7miles from the outlet of the New Bedford Reservoir to
the Hamlin Road culvert in Acushnet. It is designated in the MA Water Quality Standards as a Class B,
warm water fishery. The subwatershed contains 423.7 acres of cranberry bog open space. The Town
of Acushnet submitted a NOI requesting permit coverage under the NPDES program for their MS4.
According to the "Atlas of Stormwater Discharges in the Buzzards Bay Watershed", within this segment
sub watershed (including  MA 95-31, 95-32, 95-33) there are 736  catch basins, of which none are
treated,  and there are  a total  of 66  pipe  or road  cut discharges which are  within the "potential
stormwater contribution zone" of the  embayment. A map showing stormwater discharge  priorities
(Priority  Map #3) for this particular segment is provided in Section 6 herein. This is also available for
download at http://www.buzzardsbay.org/stormatlas.htm.

Buttonwood Brook Segment MA95-13
Buttonwood Brook begins at its headwaters at Oakdale Street in New Bedford and flows 3.8 miles to its
mouth at Apponagansett Bay in Dartmouth. This segment is also  designated as a Class B, warm water
fishery segment in the  MA Water Quality Standards.  Buttonwood Brook has  been engineered for
storm water management and  is considered  a "controlled stream."  Buttonwood  Brook  is a major
source of fecal coliform to Apponagansett Bay. The Town of Dartmouth and City of New Bedford have
both submitted NOIs requesting permit coverage under the NPDES  program  for their MS4. According
to the "Atlas of Stormwater Discharges in the Buzzards Bay Watershed", within the Town of Dartmouth,
there  are a total of 423 road cut and pipe discharges, of which 121 are ranked medium or high priority
for remediation, of which 13 have been remediated. A map showing  stormwater discharge priorities
(Priority  Map #2) for this particular segment  is provided in Section 6 herein. Separate maps, outlining
stormwater drainage systems with outfalls (Dartmouth Map #3,4,5)  of this segment and surrounding
areas  are  shown  also  in   Appendix  A.  These  are   also  available   for  download  at
http://www.buzzardsbay.org/stormatlas.htm.

Cedar Island Creek Segment MA95-52
This segment encompasses 0.01 square miles extending from the headwaters near the intersection of
Parker Drive  and  Camardo Drive to  the mouth  at Marks Cove.  It  is designated as a Class SA
waterbody capable for supporting shellfish. The  Town  of Wareham submitted an NOI  requesting
permit coverage under  the NPDES program for their MS4. According  to the "Atlas of Stormwater
Discharges in the Buzzards Bay Watershed", the Town of Wareham  has a total of 710 pipe or road cut
discharges of which 547 which are  rated  as medium or high in  priority for remediation, of which 32
have  been remediated. A map  showing  stormwater discharge priorities (Priority Map #4) for this
particular segment is  provided in Section 6 herein. A separate map, outlining  stormwater drainage
systems with outfalls  (Wareham Map  #6) of this  segment  and  surrounding areas is  shown also in
Appendix A, and are available for download at http://www.buzzardsbay.org/stormatlas.htm.
                                            54

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Impairment status for  this segment was based on  former  DMF growing  area status. Shellfish
harvesting  along  this segment is impaired  due  to  periodic  high fecal  coliform concentrations  .
Designated shellfish growing areas status as of July 1, 2000 is provided in Figure 1-1.
                                             55

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5.0     Potential Bacteria Sources

The Buzzards Bay watershed has 52 segments, located throughout the watershed, that are
listed as pathogen impaired requiring a TMDL. These segments represent 100% of the
estuary area and 21.3% of the river miles that have been assessed.  Sources of indicator bacteria in
the Buzzards Bay watershed are many and varied. A number of organizations and local governments
have conducted work over the last decade in an effort to identify and address local sources of bacteria.
Even with these efforts much more needs to be done.

Largely through the efforts organizations such as the Westport River Watershed Association  (WRWA),
the Division of Marine  Fisheries  (DMF), the MA Office of Coastal Zone Management (MACZM), and
MassDEP field staff, numerous point and non-point sources of pathogens have been identified.  Table
5-1 summarizes a  number of impaired segments and some  of the  suspected and known sources
identified in the state Watershed Assessment Report (WAR) or by other organizations (e.g., MACZM,
WRWA, etc.).

Suspected dry weather sources include:
    []  animal feeding operations,
    []  animal grazing in riparian zones,
    0  leaking sewer pipes,
    0  storm water drainage systems (illicit connections of sanitary sewers to storm drains),
    0  failing septic systems,
    0  recreational activities,
    0  wildlife, including birds, and
    0  illicit boat discharges.

Suspected and known wet weather sources include:
    []  wildlife and domesticated animals (including pets),
    []  storm water runoff including municipal separate storm sewer systems (MS4),
    []  combined sewer overflows (CSOs), and
    []  sanitary sewer overflows (SSOs).

It is difficult to  provide accurate quantitative estimates of indicator  bacteria contributions from the
various  sources in  the Buzzards  Bay watershed  because many of the sources  are diffuse and
intermittent, and extremely difficult to monitor or accurately model. Many of the sources (failing septic
systems, leaking sewer pipes, sanitary sewer overflows, and illicit sanitary  sewer  connections) are
prohibited, because they could result in a potential health  risk and, therefore, must be eliminated.
Estimating the magnitude of overall indicator  bacteria loading (the sum of all contributing sources) can
perhaps be achieved for wet and dry conditions using ambient data available that define baseline
conditions  (see  segment summary data information, Section 6 priority maps  herein, Appendix A and
other  information  in the "Atlas  of Stormwater Discharges in the Buzzards Bay  Watershed", and
MassDEP 2003b).
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Table 5-1.  Potential Sources of Bacteria in Pathogen Impaired Segments in the Buzzards Bay
Watershed.
Segment
MA95-40
MA95-45
MA95-59
MA95-41
MA95-37
MA95-54
MA95-34
MA95-44
MA95-31
MA95-32
MA95-33
MA95-42
MA95-63
MA95-38
MA95-13
MA95-39
MA95-35
MA95-39
MA95-65
MA95-56
MA95-08
MA95-09
MA95-10
MA95-64
MA95-07
MA95-53
MA95-58
MA95-05
MA95-29
MA95-50
MA95-49
MA95-51
MA95-52
Segment Name
East Branch Westport
River
Snell Creek
Snell Creek
East Branch Westport
River
West Branch Westport
River
Westport River
Slocums River
Snell Creek
Acushnet River
Acushnet River
Acushnet River
New Bedford Inner Harbor
Outer New Bedford Harbor
Clarks Cove
Buttonwood Brook
Apponagansett Bay
Mattapoisett Harbor
Mattapoisett River
Nasketucket Bay
Hammett Cove
Sippican Harbor
Aucoot Cove
HillerCove
Little Bay
Sippican River
Beaverdam Creek
Bread and Cheese Brook
Weweantic River
Agawam River
Wankinco River
Broad Marsh River
Crooked River
Cedar Island Creek
Potential Sources
MS4, highway/road runoff, animal feeding operations
MS4, on-site septic systems, highway/road runoff
MS4, on-site septic systems, highway/road runoff
Animal feeding operation, dairy outside milk parlor
area, grazing in riparian zone, MS4, on-site septic
systems, highway/road runoff
MS4
MS4
On-site treatment systems (septic systems), urbanized
high density area, MS4
MS4, on-site septic systems, highway/road runoff
Unknown
Unknown
CSO, urbanized high density area
CSO, urbanized high density area, waterfowl
MS4
CSO, urbanized high density area, MS4
Unknown
On-site treatment systems, urbanized high density
area, MS4
MS4
MS4
MS4
MS4
MS4
MS4
MS4
Unknown
MS4
MS4
MS4, Livestock
MS4, on-site treatment systems (septic systems)
MS4, municipal point source discharge
MS4
MS4
MS4
MS4
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Segment
MA95-03
MA95-02
MA95-01
MA95-62
MA95-14
MA95-48
MA95-51
MA95-47
MA95-15
MA95-16
MA95-17
MA95-18
MA95-21
MA95-46
MA95-20
MA95-22
MA95-23
MA95-24
MA95-25
Segment Name
Wareham River
Onset Bay
Buttermilk Bay
Buzzards Bay
Cape Cod Canal
Eel Pond
Eel Pond
Back River
Phinneys Harbor
Pocasset River
Pocasset Harbor
Red Brook Harbor
Herring Brook
Harbor Head
Wild Harbor Estuary
West Falmouth Harbor
Great Sippewisset Creek
Little Sippewisset Marsh
Quissett Harbor
Potential Sources
MS4
MS4
MS4
MS4
MS4, Boats
MS4, on-site treatment systems (septic systems)
MS4, on-site treatment systems (septic systems)
MS4, on-site treatment systems (septic systems)
On-site treatment systems (septic systems),
highway/road runoff
On-site treatment systems (septic systems), road
runoff, MS4
On-site treatment systems (septic systems),
highway/road MS4
On-site treatment systems (septic systems),
highway/road MS4
On-site treatment systems (septic systems)
On-site treatment systems (septic systems),
highway/road runoff, MS4
On-site treatment systems (septic systems),
highway/road runoff, MS4
On-site treatment systems (septic systems),
highway/road runoff, MS4
On-site treatment systems (septic systems),
highway/road runoff
On-site treatment systems (septic systems),
highway/road runoff
On-site treatment systems (septic systems), road
runoff
Specific sources for the remaining impaired segments are unknown
MS4 = Municipal Separate Storm Water Sewer System - community storm water drainage system
Most sources were identified in the MassDEP WQA, although some sources have been identified by other organizations
such as WRWA and MACZM.

A brief overview of potential sources of bacteria and ways to mitigate them are provided below.

Agriculture -Animal Feeding Operations and Grazing
Land used primarily for agriculture is likely to be impacted by a number of activities that can contribute
to  indicator bacteria impairments of surface waters.  Activities with the potential to contribute to high
indicator bacteria concentrations include:
    D   Field application of manure,
    D   Runoff from grazing  areas,
    D   Direct deposition from livestock in  streams,
    D   Animal feeding operations,
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   D   Leaking manure storage facilities, and
   D   Runoff from barnyards.

Elevated indicator bacteria concentrations are generally associated with sediment loading. Reducing
sediment loading often results in a reduction of indicator bacteria loading as well.  Brief summaries of
some of these techniques are provided  in  the "Mitigation Measures to Address Pathogen Pollution in
Surface Water: A TMDL Implementation  Guidance Manual for Massachusetts".

Sanitary Waste
Leaking sewer  pipes, illicit sewer connections,  sanitary  sewer overflows (SSOs),  combined sewer
overflows (CSOs) and failing septic systems represent a direct threat to public health since they result
in  discharge of partially  treated or untreated human  wastes  to  the  surrounding environment.
Quantifying these sources is extremely speculative without direct monitoring of the source because the
magnitude is directly proportional to the volume  of the source and its proximity to the surface water.
Typical values of fecal coliform in untreated domestic wastewater range from 104 to 10s MPN/100mL
(Metcalf and Eddy 1991).

Illicit sewer connections into storm drains result in direct discharges of sewage via the  storm drainage
system outfalls. The existence of illicit sewer connections to storm drains is well documented in many
urban drainage systems, particularly older systems that may have once been combined.  The EPA,
Massachusetts  Water Resources Authority (MWRA), the Boston  Water and  Sewer Commission
(BWSC),  City  of  Worcester,  City  of  New   Bedford  and  many  communities throughout  the
Commonwealth have been active in the identification and mitigation  of these  sources.  It is probable
that  numerous  other illicit  sewer connections exist  in storm drainage  systems  serving the older
developed portions of the Buzzards Bay watershed.

Monitoring of storm drain outfalls during  dry weather is needed to document the presence or absence
of sewage  in the drainage systems.  Approximately  30 percent of  the Buzzards  Bay watershed is
classified as Urban  Areas by the United States  Census  Bureau and is therefore  subject to  the
Stormwater  Phase  II Final  Rule  that  requires the  development and implementation  of an  illicit
discharge detection and elimination plan. See Section 8.0 of this TMDL for information regarding illicit
discharge detection guidance.

Septic systems designed,  installed, operated and  maintained in  accordance  with 310 CMR 15.000:
Title  5, are not significant  sources of fecal coliform bacteria.   Studies demonstrate that wastewater
located four feet below properly functioning septic systems contain  on average less  than one fecal
coliform bacteria organism  per 100 mL (Ayres Associates 1993).   Failed or non-conforming septic
systems, however, can be a major  contributor of fecal coliform to the  Buzzards Bay watershed,
especially since most of Buzzards Bay's population relies on septic systems versus municipal sewer
systems. Wastes from failing septic systems enter  surface waters either as direct overland flow or via
groundwater. Wet weather events typically increase  the rate of transport of pollutant loadings from
failing septic systems to surface waters  because of the wash-off effect from runoff and the increased
rate of groundwater recharge.
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Recreational use of waterbodies is a source of pathogen contamination.  Swimmers themselves may
contribute to bacterial impairment at swimming areas.  When swimmers enter the water, residual fecal
matter may be washed from the body and contaminate the water with pathogens. In addition, small
children in diapers may contribute to contamination  of the recreational waters.  These sources are
likely  to be particularly important when the number  of swimmers is high and  the flushing action of
waves or tides is low.

Another potential source of pathogens is the discharge of sewage from vessels with onboard toilets.
These vessels are  required to have a marine sanitation device (MSD) to either store or treat sewage.
When MSDs are operated or maintained incorrectly they have the potential to discharge untreated or
inadequately treated sewage.  For example, some MSDs are simply tanks designed to hold sewage
until it can be pumped out at a shore-based pump-out facility or discharged into the water more than 3
miles  from shore.  Uneducated boaters may discharge untreated sewage from these devices into near-
shore waters.   In  addition, when MSDs designed  to treat  sewage are  improperly maintained or
operated they  may malfunction and  discharge inadequately treated sewage.   Finally,  even properly
operating  MSDs may discharge sewage in concentrations  higher than allowed in ambient water for
fishing or shellfishing.  Vessels are most likely to contribute to bacterial impairment in situations where
large  numbers of vessels congregate in enclosed environments with low tidal flushing.  Many marinas
and popular anchorages are located in such environments.

Wildlife and Pet Waste
Animals that are not pets  can be a  potential source of pathogens.  Geese,  gulls, and  ducks  are
speculated to be a major pathogen source, particularly at lakes and storm water ponds where large
resident populations have become established (Center for Watershed Protection  1999).

Household pets such as  cats and  dogs can be a substantial source of bacteria - as much as
23,000,000 colonies/gram, according to the Center for Watershed Protection (1999). A rule of thumb
estimate for the number of dogs is ~1 dog per 10 people producing an estimated 0.5 pound of feces
per dog per day. Using the MassDEP's population estimate in 2000, this translates to an estimated
37,369 dogs in the watershed  producing  18,685 pounds of feces per day.  Uncollected pet waste is
then flushed from the parks, beaches and yards where pets are walked and transported into nearby
waterways during wet-weather.

Storm Water
Storm water runoff is another significant contributor to pathogen pollution. As discussed above, during
rain events fecal matter from domestic animals and wildlife are readily transported to surface waters
via the storm water drainage systems and/or overland flow. The natural filtering capacity provided by
vegetative cover and soils is dramatically  reduced as urbanization occurs  because of the increase in
impervious areas (i.e., streets, parking lots, etc.) and stream channelization  in the watershed.

Extensive storm water data have been collected and compiled both locally and nationally (e.g., Tables
4-1, 4-2, 5-2 and 5-3) in an attempt to characterize the quality of storm water. Bacteria  are easily the
most variable of storm water pollutants, with concentrations often varying by factors of 10 to  100 during
a single storm.  Considering  this variability, storm water bacteria concentrations are  difficult to
accurately predict.   Caution must be exercised when using values from single wet  weather grab
samples to estimate the magnitude of bacteria loading because it is often unknown whether the sample
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is representative of the "true" mean.  To gain an understanding of the magnitude of bacterial loading
from  storm water and avoid  overestimating or  underestimating  bacteria  loading,  event mean
concentrations (EMC) are  often used. An  EMC is  the concentration of a flow proportioned sample
throughout a storm event. These samples are commonly collected using an automated sampler which
can proportion sample aliquots based on flow.  Typical storm water event mean densities for various
indicator bacteria in Massachusetts watersheds and nationwide are provided  in Tables 5-2  and 5-3.
These EMCs illustrate that storm water indicator bacteria concentrations from certain land uses (i.e.,
residential) are typically at levels sufficient to cause water quality problems.

To obtain a better idea of segments most impacted by storm water and upland areas contributing to
storm water,  MACZM conducted  a  survey of  the watershed to document storm  water discharges
(Appendix A).  MACZM also noted road cuts in their survey.  Impoundments often  form  upstream of
road cuts, which reduce the flow  of water.  Water  accumulates in these impounded areas  and can
contain elevated fecal coliform levels due to stagnation of the water.  Larger impounded areas attract
waterfowl thereby increasing the potential for increased bacteria numbers.

Discharge  areas  were prioritized for remediation  in the "Atlas of  Stormwater Discharges in the
Buzzards Bay Watershed" (MACZM 2003), provided in various maps  in Appendix A  of this report.
Prioritization of storm water discharge sites is based  on several factors including water quality, shellfish
resource area classifications, and  cost estimates.  A complete list and explanation of these criteria is
available   in   this    "Atlas",   pages   19-27,    and    is    available    for   download    at
httD://www.buzzardsbav.ora/stormatlas.htm.
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Table 5-2.  Lower Charles River Basin Storm Water Event Mean Bacteria Concentrations (data
summarized from USGS 2002) and Necessary Reductions to Meet Class B WQS.
Land Use Category
Single Family Residential
Multifamily Residential
Commercial
Fecal Coliform
EMC(CFU/100mL)
2,800-94,000
2,200-31,000
680-28,000
Number
of
Events
8
8
8
Class B WQS1
10% of the
samples shall
not exceed 400
organisms/ 100
mL
Reduction to Meet
WQS (%)
2,400 - 93,600
(85.7-99.6)
1,800-30,600
(81.8-98.8)
280-27,600
(41.2-98.6)
 1 Class B Standard: Shall not exceed a geometric mean of 200 organisms in any set of representative samples,
nor shall 10% of the samples exceed 400 organisms.  Used 400 to illustrate required reductions since a geometric
mean of the samples were not provided.
Table 5-3. Storm Water Event Mean Fecal Coliform Concentrations (as reported in MassDEP
2002b; original data provided in Metcalf & Eddy, 1992) and Necessary Reductions to Meet Class
BWQS.
Land Use Category
Single Family Residential
Multifamily Residential
Commercial
Industrial
Fecal Coliform1
Organisms / 100 mL
37,000
17,000
16,000
14,000
Class B WQS2
10% of the
samples shall not
exceed 400
organisms/ 100
mL
Reduction to Meet WQS
(%)
36,600 (98.9)
16,600 (97.6)
15,600(97.5)
13,600(97.1)
1 Derived from NURP study event mean concentrations and nationwide pollutant buildup data (USEPA 1983).
2 Class B Standard: Shall not exceed a geometric mean of 200 organisms in any set of representative samples, nor shall
10% of the samples exceed 400 organisms.  Used 400 to illustrate required reductions since a geometric mean of the
samples were not provided.
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6.0  Prioritization and Known Sources
This section  is intended to provide guidance for setting implementation priorities to  identify and
eliminate bacteria sources within the Buzzards Bay River Watershed and to briefly describe on-going
efforts within  the watershed. Guidance  is provided by prioritizing both impaired segments as well  as
specific sources where known.

The Buzzards Bay National Estuaries Program has conducted a significant amount of investigation of
potential  bacteria sources to the Buzzards Bay System. The program produced a document, "Atlas of
Stormwater Discharges in the Buzzards Bay Watershed",  which represents a premier effort to begin
the work of identifying   hotspot bacterial sources of pollution. This intensive  effort investigated and
documented over 2,600 drainage pipe and road cut discharges which have the potential to contribute
bacteria  pollution to nearby surface waters.  That effort  also  prioritized  each discharge  into high,
medium,  or low for remediation,  based on a ten  category ranking of scores to help set priorities for
remediation. (See Figures 6-1 to 6-6 below. Additionally, 12,700 catch basins were also inventoried.
(See Appendix A). In addition, over 37,000 fecal coliform data points were collected by DMF in estuary
areas between 1997-2001. The impetus of all these efforts is aimed at identifying potential outfall data
locations/priorities as a beginning to improvement of water quality in SA and SB waters. The ultimate
goal is to remove these sources and reopen many closed shellfish areas.

For the prioritization,  drainage  network characterizations were based  on the total drainage basin
characterized within the contributing area represented by the appropriate Designated Shellfish Growing
Areas (DSGAs). The DMF determined DSGAs were used as the management unit for evaluating and
scoring many of the parameters in  this study. To  evaluate stormwater remediation sites, the following
ten categories were considered, with  up to  a  maximum  number of  points determined  for each
category  :

    (1) DMF  DSGA Recommended Ranking- High Shellfish Value Resource- 30 points; Medium
       Shellfish Value Resource-15 points; Low Shellfish Value Resource- 0 pts.
    (2) Existing  DSGA Classification  of  Receiving  Waters-  Conditionally  Approved-  15  points;
       Approved-  7 points;  Conditionally Restricted, or Management Closure 5 points; Prohibited- 0
       points.
    (3) Existing Fecal Coliform Concentrations of Receiving Waters relative to Restoration Potential-
       Waters close to  a change to a  higher classification with appreciable restoration potential- 20
       points; waters with moderate restoration potential-10 points; waters with negligible restoration
       potential- down to 0 points.
    (4) Projected Costs of Each  Discharge- $ 9,000 or under- 10 points; $ 15,000-  50,000- 6  points;
       $50,000- 75,000- 4 points; 75,001-100,000- 2 points; >$100,000- 0 points.
    (5) Sewering (if area is sewered, it figures it will be easier for remediation)- 5 points.
    (6) Number of Discharges and Catch basins in the DSGA Drainage Area- the principal here is that
       the fewer discharge pipes and catch basins in a drainage area,  the easier  it will be to achieve
       water quality goals- up to 30 points.
    (7) Percent of the problem- even a  drainage area with large  number of catch basins,  if a single
       discharge pipe is  connected to  a  large drainage system  with many catch basins, it would
       represent a "large percent of the  problem"- up to 30 points.
                                             63

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    (8)  Proximity (200 feet) to Public or Private Swimming Beaches-10 points.
    (9) The Discharge is Within a 303(d) Listed Pathogen Impaired Area-10 points.
    (10) The Discharge is from a Phase II MS4 Area-10 points.

The ten  category  maximum  scores add  up to a total of 170  possible  points.  The total 2,600+
discharges were then  placed into four priority classifications and were then located on 6 priority maps
(Figures 6-1 to 6-6 below) :  red dot- highest priority; yellow dot- medium priority;  green  dot- lowest
priority; blue dot- site already remediated.

Finally, in  an effort to  provide further guidance for setting bacterial implementation priorities within the
Buzzards  Bay  Watershed, a  summary table is provided. Table 6-1 below provides a prioritized list of
pathogen-impaired  segments that will  require  additional bacterial  source  tracking  work and
implementation of structural and non-structural  Best Management Practices (BMPs). It is  based on a
combination of the  results of the  Buzzards  Bay Program effort adjusted  by MassDEP based upon
available data  and the designated uses of the ambient water body in question.  Since limited source
information and data are available in each impaired segment a simple scheme was used  to prioritize
segments based on fecal coliform concentrations. High priority was assigned to those segments where
either dry  or wet weather concentrations (end of pipe or ambient) were equal to or greater than 10,000
cfu /100 ml. Medium  priority was assigned to segments where concentrations ranged from 1,000 to
9,999 col/100ml. Low priority was  assigned  to segments where concentrations  were observed less
than 1,000 col/100 ml.  MassDEP believes the  higher concentrations are indicative  of the potential
presence or raw sewage and therefore they pose a greater risk to the public. It should be noted that in
all cases, waters exceeding  the water quality standards identified in Table ES-  2  are  considered
impaired.

Also, prioritization is adjusted upward based  on proximity of waters, within the segment,  to sensitive
areas such as Outstanding Resource Waters (ORWs), or designated uses that require higher water
quality standards than  Class  B, such  as public water supply intakes, public swimming areas,  or
shellfish areas. Best professional judgment was used in determining this upward adjustment. Generally
speaking,  waters that were determined  to be  lower priority based on the numeric range  identified
above were elevated up one  level of priority if that segment were  adjacent to or immediately upstream
of a sensitive  use.  An asterisk * in the priority column of the specific segment would indicate this
situation.
                                             64

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Table 6-1. Bacteria Impaired Segment Priorities
Segment
ID
MA95-40
MA95-45
MA95-41
MA95-37
MA95-54
MA95-34
MA95-44
MA95-59
MA95-31
MA95-32
MA95-33
MA95-42
Segment
Name
East Branch
Westport River
Snell Creek
East Branch
Westport River
West Branch
Westport River
Westport River
Slocums River
Snell Creek
Snell Creek
Acushnet River
Acushnet River
Acushnet River
New Bedford
Length
(mi.) or
size
(sq.mi.)
2.85 mi.
0.67 mi.
2.65 sq.mi.
1.28 sq.mi.
0.74 sq. mi.
0.67 sq.mi.
1.5 mi.
0.01 sq.mi.
2.7 mi
1.10 mi.
0.31 sq.mi.
1.25sq.mi.
Segment Description
Outlet Lake Noquochoke, Westport to
Old County Rd. bridge, Westport.
(Class B)
Drift Rd. to Marcus' Bridge in Westport.
(Class B)
Old County Road bridge, Westport to
the mouth at Westport Harbor,
Westport (excluding Horseneck
Channel). (Class SB, Shellfishing
restricted, 0.64/2.65sq. mi.)
Outlet Grays Mill Pond, Adamsville,
Rhode Island to mouth at Westport
Harbor, Westport. (Class SA,
Shellfishing open, but impaired
0.78/2.65sq.mi.)
From the confluence of the East and
West Branches to Rhode Island
Sound; Bounded by a line drawn from
the southwestern point of Horseneck
Point to the easternmost point near
Westport Light. (Class SA,
Shellfishing, open 0.5 sq.mi. .closed
0.78 sq.mi.)
Confluence with Paskamanset R.,
Dartmouth to mouth at Buzzards Bay.
(Class SA, Shellfishing open 0.01
sq.mi. .closed 0.66sq.mi)
Headwaters west of Main Street,
Westport, to Drift Road Westport
'Marcus Bridge', Westport to
confluence with East Branch Westport
River, Westport
Outlet New Bedford Reservoir to
Hamlin Rd. culvert, Acushnet. (Class
B)
Hamlin Rd. culvert to culvert at Main
St., Acushnet. (Class B)
Main St. culvert to Coggeshall St.
bridge, New Bedford/Fairhaven. (Class
SB, Shellfishing Restricted, entirely)
Coggeshall St. bridge to hurricane
Priority
Medium
Medium
High*
Shellfishing
High*
Shellfishing
Medium*
Shellfishing
Medium*
Shellfishing
Swimming
Medium
Medium*
Shellfishing
No Data
Medium
High*
Shellfishing
CSOs
High*
                     65

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Segment
ID

MA95-63
MA95-38
MA95-13
MA95-39
MA95-35
MA95-60
MA95-65
MA95-56
Segment
Name
Harbor
Outer New
Bedford Harbor
Clark Cove
Buttonwood
Brook
Apponagansett
Bay
Mattapoisett
Harbor
Mattapoisett
River
Nasketucket Bay
Hammett Cove
Length
(mi.) or
size
(sq.mi.)

5.82sq.mi.
1.90sq.mi.
3.8 mi.
0.95sq.mi.
1.10sq.mi.
0.05
3.7
0.07sq.mi.
Segment Description
Barrier, New Bedford/Fairhaven .
(Class SB, Shellfishing Restricted,
entirely)
Hurricane Barrier to a line drawn from
Wilbur Point, Fairhaven to Clarks
Point, New Bedford . (Class SA,
Shellfishing Open, but entirely
restricted)
Semi-enclosed waterbody landward of
a line drawn between Clarks Point,
New Bedford and Ricketsons Point,
Dartmouth (Class SA, Shellfishing
Open, but entirely restricted)
Headwaters at Oakdale St., New
Bedford to mouth at Apponagansett
Bay, Dartmouth. (Class B)
From the mouth of Buttonwood Brook
to a line drawn from Ricketsons Point,
New Bedford to Samoset St. near
North Ave., Dartmouth. (Class SA,
Shellfishing Open but restricted
0.68sq.mi.)
From the mouth of the Mattapoisett R.,
Mattapoisett, to a line drawn from Ned
Point to a point of land between
Bayview Avenue and Grandview Ave.,
Mattapoisett. (Class SA, Shellfishing
Open, but restricted 0.1/1.1sq.mi.)
From the River Road bridge,
Mattapoisett to the mouth at
Mattapoisett harbor, Mattapoisett
From the confluence with Little bay,
Fairhaven to Buzzards bay along
Causeway Road, Fairhaven and along
a line from the southern tip of Brant
Island, Mattapoisett to the eastern tip
of West Island, Fairhaven
Hammett Cove, Marion to the
confluence with Sippican Harbor along
a line from the southwestern most
point of Little Neck to the end of the
seawall on the opposite point. (Class
SA, Shellfishing impaired
0.02/0.07sq.mi.)
Priority
Shellfishing
High*
Shellfishing
Swimming
High*
Shellfishing
Swimming
Low
(no data)
Medium*
Shellfishing
Swimming
Medium*
Shellfishing
Swimming
Medium*
Shellfishing
Medium*
Shellfishing
Medium*
Shellfishing
Swimming
66

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Segment
ID
MA95-08
MA95-09
MA95-10
MA95-64
MA95-07
MA95-53
MA95-58
MA95-05
MA95-29
Segment
Name
Sippican Harbor
Aucoot Cove
Miller Cove
Little Bay
Sippican River
Beaverdam
Creek
Bread and
Cheese Brook
Weweantic River
Agawam River
Length
(mi.) or
size
(sq.mi.)
2.0sq.
mi.
O.SOsq.mi.
0.04sq.mi.
0.36 sq.mi.
O.OSsq.mi.
0.04sq.mi.
4.9 mi.
0.62sq.mi.
0.16 mi.
Segment Description
From the confluence with Hammett
Cove to the mouth at Buzzards Bay
(excluding Blakenship Cove and
Planning Island Cove), Marion (Class
SA, Shellfishing open, but impaired
0.30 sq mi.)
From the confluence with Aucoot
Creek, Marion to the mouth at
Buzzards Bay at a line drawn between
Converse Point and Joes Point,
Mattapoisett. (Class SA, Shellfishing
Open)
Area landward of a line drawn between
Joes Point, Mattapoisett and the
second boat dock northeast of Miller
Cove Lane, Mattapoisett. (Class SA,
Shellfishing impaired 0.01 sq.mi.)
From the confluence with the
Nasketucket River, Fairhaven south to
the confluence with Nasketucket Bay
at a line from the southernmost tip of
Mirey Neck, Fairhaven to a point near
Shore Drive.
County Rd. to confluence with
Weweantic R., Marion/Wareham.
(Class SA, Shellfishing Open, all
impaired)
Outlet from cranberry bogs of Rte. 6,
Wareham to confluence with
Weweantic River, Wareham. (Class
SA, Shellfishing restricted). (Class SA,
Shellfishing all impaired)
Headwaters, north of Old Bedford
Road, Westport to confluence with
East Branch Westport River, Westport
Outlet Horseshoe Pond, Wareham to
mouth at Buzzards Bay,
Marion/Wareham. (Class SA,
Shellfishing Open, partially
impaired, 0.45sq. mi.)
From the Wareham WWTP to
confluence with Wankinco River at the
Rte. 6 bridge, Wareham. . (Class SB,
Restricted)
Priority
Medium*
Shellfishing
Swimming
Medium*
Shellfishing
Medium*
Shellfishing
Swimming
Medium*
Shellfishing
Medium*
Shellfishing
Medium*
Shellfishing
Medium
Medium*
Shellfishing
Medium*
Shellfishing
67

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Segment
ID






MA95-50




MA95-49




MA95-51




MA95-52






MA95-03


MA95-02


MA95-01






MA95-62

MA95-14


Segment
Name






Wankinco River



Broad Marsh
River




Crooked River



Cedar Island
Creek






Wareham River


Onset Bay


Buttermilk Bay






Buzzards Bay

Cape Cod Canal
Length
(mi.) or
size
(sq.mi.)






O.OSsq.mi.




0.16sq.mi.




0.04sq.mi.




O.OIsq.mi.






1.18sq.mi.


0.78sq.mi.


0.77






8.0

1.13



Segment Description
Elm St. bridge, Wareham to
confluence with the Agawam R., at a
line between a point south of
Mayflower Ridge Drive and a point
north of the railroad tracks near
Sandwich Rd., Wareham. (Class SA,
Shellfish ing Restricted)
From its headwaters in a salt marsh
south of Marion Rd. and Bourne
Terrace, Wareham to the confluence
with the Wareham R. (Class SA,
Shellfish ing Restricted)
From the outlet of a cranberry bog,
east of Indian Neck Rd., Wareham to
confluence with the Wareham R.,
Wareham. (Class SA, Shellfishing
Restricted)
From the headwaters near intersection
of Parker Dr. and Camardo Dr.,
Wareham to the mouth at Marks Cove,
Wareham. (Class SA, Shellfishing
Restricted)
Rte. 6 bridge to mouth at Buzzards
Bay (at an imaginary line from Cromset
Point to curved point east, southeast of
Long Beach point), Wareham.
Includes Mark's Cove, Wareham.
(Class SA, Shellfishing open, but
partially restricted, 0.68/1. 18sq. mi.)
Wareham. Class SA, Shellfishing
open, but partially restricted,
0.15/0.78sq.mi.)
Bourne/Wareham. Class SA,
Shellfishing open, but partially
restricted, 0.16/0.77sq.mi)
Open water area encompassed within
a line drawn from Wilbur Point,
Fairhaven to Clarks Point, New
Bedford to Ricketson Point, Dartmouth
to vicinity of Samoset St., Dartmouth
down to Round Hill Point, Dartmouth,
back to Wilbur Point, Fairhaven
Connection between Buzzards Bay
and Cape Cod Bay in Bourne and

Priority


Medium*
Shellfishing





Medium*
Shellfishing
Swimming


Medium*
Shellfishing



Medium*
(No Data)
Shellfishing


Medium*
Shellfishing





Medium*
Shellfishing

Medium*
Shellfishing

Medium*
Shellfishing





Medium*
Shellfishing
68

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Segment
ID

MA95-48
MA95-61
MA95-47
MA95-15
MA95-16
MA95-17
MA95-18
MA95-21
MA95-46
MA95-20
MA95-22
Segment
Name

Eel Pond
Eel Pond
Back River
Phinneys Harbor
Pocasset River
Pocasset Harbor
Red Brook
Harbor
Herring Brook
Harbor Head
Wild Harbor
West Fa I mouth
Harbor
Length
(mi.) or
size
(sq.mi.)

0.03
0.04
0.08
0.73
0.05
0.33
0.91
0.01
0.02
0.15
0.29
Segment Description
Sandwich.
Salt water pond that discharges to
Back River, Bourne.
Coastal Pond at the head of
Mattapoisett Harbor, Mattapoisett
Outlet of small unnamed pond,
downstream from Mill Pond, Bourne to
confluence with Phinneys Harbor,
Bourne (excluding Eel Pond).
From the confluence with Back R. to its
mouth at Buzzards Bay between
Mashpee and Toby's Island, Bourne.
From the outlet of Mill Pond, Bourne to
the mouth at Buzzards Bay, Bourne.
From the confluence with Red Brook
Harbor near the northern portion of
Bassett's Island and Patuisett to the
mouth at Buzzards Bay between
Bassett's Island and Wings Neck,
Bourne.
From the confluence with Pocasset
Harbor between the northern portion of
Bassett's Island and Patuisett to its
mouth at Buzzards Bay between
Bassett's island and Scraggy Neck,
Bourne (including Hen Cove).
From its headwaters, northeast of Dale
Dr. and west of Rte. 28A, to its mouth
at Buzzards Bay, Falmouth.
The semi-enclosed body of water
south of the confluence with West
Falmouth Harbor at Chappaquoit Rd.,
Falmouth.
Embayment extends from Point Road,
Nyes Neck to Crow Point at the end of
Bay Shore Road in North Falmouth
From the confluence with Harbor Head
at Chappaquoit Rd., Falmouth to the
mouth at Buzzards Bay at a line
connecting the ends of the seawalls
Priority

Medium*
Shellfishing
Medium*
Shellfishing
Medium*
Shellfishing
Medium*
Shellfishing
Swimming
Medium*
Shellfishing
Swimming
Medium*
Shellfishing
Swimming
Medium*
Shellfishing
Swimming
Medium Shellfishing
Medium,
Shellfishing
Medium*,
Shellfishing
Medium*
Shellfishing
Swimming
69

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Segment
ID







MA95-23


MA95-24

MA95-25


Segment
Name





Great
Sippewisset
Creek

Little Sippewisset
Marsh

Quissett Harbor
Length
(mi.) or
size
(sq.mi.)







0.03


0.02

0.17



Segment Description
from Little Island and Chappaquoit
Point, Falmouth (including Snug
Harbor).
From the outlet of Beach Pond in
Great Sippewissett marsh to the mouth
at Buzzards Bay, Falmouth, including
the unnamed tributary from the outlet
of Fresh Pond, and Quahog Pond,
Falmouth.
From the headwaters north of
Sippewisset Rd., Falmouth to the
mouth at Buzzards Bay near
Saconesset Hills, Falmouth.
The semi-enclosed body of water
landward of a line drawn between The
Knob and Gansett Point, Falmouth.

Priority





Medium*
Shellfishing
Swimming



Medium*
Shellfishing
Swimming

Medium*
Shellfishing

As  previously noted MassDEP  believes that segments ranked as  high  priority in Table 6-1 are
indicative of the potential presence of raw sewage and therefore they pose a greater risk to the public.
Elevated dry weather bacteria concentrations could be the result of illicit sewer connections or failing
septic systems.  As a result, the first priority should be given to bacteria source tracking activities in
those segments where sampling  activities  show  elevated  levels  of bacteria during  dry weather.
Identification and remediation of dry weather bacteria sources is usually  more straightforward and
successful than tracking and eliminating wet weather sources.  If illicit bacteria sources are found and
eliminated it should result in a dramatic reduction of bacteria concentration in the segment in both dry
and  wet-weather.   Segments that remain  impaired during wet weather should be evaluated for
stormwater  BMP  implementation opportunities starting with  less costly  non-structural practices first
(such as street sweeping, and/or managerial approaches using local regulatory controls with ongoing
evaluation of the success of those programs. If it is determined that  less costly approaches  are not
sufficient to  address the issue then appropriate structural BMPs should be identified and implemented
where necessary. Structural stormwater BMP implementation  may require additional study  to identify
cost efficient and effective technology.
                                              70

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                  Figure 6-1:
                  Westport River Area
                           5$fh^
Stormwater Discharge Prioritization

•  High O Medium  O Low • Remediated   I 'a.f~

 0.5     0     0.5     1 Miles    4  ^^j^f
                                   m
                                 ds Cvrnll , •'
•**-*»':
.,.
   /
                                            &^
-------
Figure 6-2
Apponagansett Bay/Clark Cove Area
Stormwater Discharge Prioritization


•  High  O Medium O Low • Remediated
                              N
                        fliles    A


                                                                                  ;
                     -;.$;'
                             -}:'-:    W
                               ""^$4!
                                                                 - •%
             HEj$Wv''^,£v. |gj
               •-,/•   ^ ' •••••-.• ..•'••-V
                  tlftW  -'-'
yi«
                                                         • •
                                                            •
                                                           i=y» - -! -

                                       J
                                 72

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         Figure 6-3: New Bedford
         Harbor/Little Harbor/Mattapoisett
         Harbor Areas
Stormwater Discharge Prioritization

•  High  O Medium O  Low  •  Remediated

 0.5     0      0.5      1  Miles    \   ^&^9
                      5        ^A   u/,'aT !\fa->
                                          ^-=M  -  i&—-r
  ...  ..             "^s
             _.i_-^
,_: wSErSStft       i    -. \
                                               73

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Figure 6-4: Aucoot Cove,
Sippican Harbor,
Weweantic River,
Wareham/Agawam River
                    W
                               Stormwater Discharge Prioritization

                               ^ High O Medium O Low ^ Remediated
                                                     N
                                0.5    0    0.5    1 Miles   A
                       m

    rf^
       W A E E H A K -""J 6-»M^T
*^
•!§£iK;*l
           "f'tf£-'-
                rf5
fo «^^ °^
i P . x_ jsy   o
             ^' |/§  5*0
             ow^B|.L?'-;  j-^
             •^^y®®-\  ;^^;2
               *"! 7  > f   .'!*'"%;'
                                     :oj
                                           ,w : A;  R •
                              «»
                                 M ".'A  E : 1  0  N
                                                m

-------
                   FIGURE 6-4
   FIGURE 6-3
-»
,
• . •-» £

Figure 6-5: Onset Bay,
Buttermilk Bay, Cape Cod
Canal, Phinney's Harbor,
Pocasset Harbor Areas
•
Stormwater Discharge Prioriiization |HL 1
* High O MvdMpn * low * Ronw^vd
C 5 0 05 1 We* L ^5^=*
'\'[

                                ...; *

                                *  '
fe
                         .
                  •*

                   *
                  • *
               **

            rT • ' *
             Si -
   *

                                 t
                                * *  *
                                    *  *»
           .
/.
                            * .

                               v  /
                                  *
                          •  •  J^ •
                          **      ••


                                    75

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 Figure 6-6: West

 Falmouth Harbor,

 Quisett Harbor Areas


                                  %
                               *   V
                                    *
                                    *

                      Stormwater Discharge Priorittzation





                                   OS     I UBn   i  ^^
                                   —             i\  "•"•
* -


flE
                                            ,  -f\  ^u-s  •''
                                               w
                       V     .
                r  *  u
t      Ttf -
    •  ^-\
   •:       ;
 .
    .
i              : •-
          •    •



                                        76

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The  challenge now is  to devote the resources necessary  to do  bacteria source monitoring  of the
medium and high priority inland discharge pipes and road cut discharges to find hotspots, and then to
remediate the pollution  sources. In regards to stormwater, this watershed has several advantages that
many others don't have: a plethora of organizations, both public and private, devoted to the sole goal
of water quality  improvement- Buzzards  Bay Action Committee, the Coalition of Buzzards Bay,
Buzzards  Bay  Project National  Estuaries  Program,  MassDEP,  MACZM,  DMF, EPA, and the
municipalities themselves.  Help is needed from all these entities to  utilize the Stormwater Atlas results
in conducting monitoring activities with particularly the medium and high ranked outfalls identified in the
Atlas report for  remediation.  Monitoring work  is needed to confirm  or deny  the suspicion of high
bacteria counts at particular outfalls, and to do source tracking in the drainage sub-  basins  of the
confirmed high count outfalls to find the pollutant sources and remediate the sources.

Critical here would be  activities conducted by the communities under the EPA Phase  II Stormwater
Program. Detection and elimination of illicit connections into stormwater conveyances,  elimination of
sanitary sewer overflows, and detection and  elimination of other overland type bacterial sources
(including failing septic systems and pet waste) would be tantamount in  each  community. Frequent
referral to the information in the Stormwater Atlas is advised.

Section  8 of this report (  Implementation Plan) provides a  summary of existing  activities within the
Buzzards Bay watershed and  a narrative overview of MassDEP nonpoint source (319) project activity
in recent years  that relate to the  implementation  of bacteria  BMP's and other work to remediate
sources.  Section 8.3, Stormwater Runoff, provides an additional overview  of each town's Stormwater
Phase II plans. In general this information is intended to summarize progress to date, as well as future
plans for finding and remediating bacteria sources of pollution. Communities should carefully refer to
appropriate information parts of the Stormwater Atlas,  particularly  to the  catch  basin  and  priority
discharge outfall maps within their community area included within Appendix A.
                                             77

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7.0   Pathogen TMDL Development

Section 303 (d) of the Federal Clean Water Act (CWA) requires states to place water bodies that do
not meet the water quality standards on a list of impaired waterbodies. The most recent impairment list,
2006, identifies 52  segments within the Buzzards  Bay watershed for  use impairment caused by
excessive indicator bacteria concentrations.

The CWA requires each  state to establish Total  Maximum Daily Loads (TMDLs) for listed waters and
the pollutant contributing to the impairment(s).  TMDLs  determine  the amount of a  pollutant that a
waterbody can safely assimilate without violating the water quality standards. Both  point and non-point
pollution sources are accounted for in a TMDL analysis. EPA regulations  require that point sources of
pollution (those discharges from discrete pipes or conveyances) subject to NPDES permits receive a
waste load  allocation (WLA) specifying the amount of pollutant each point source can release to the
waterbody.  Non-point sources of pollution (and point sources  not subject to NPDES permits) receive
load allocations (LA) specifying the amount of a pollutant that can be released to the waterbody.  In the
case of stormwater,  it is often difficult to identify and distinguish between  point source discharges that
are subject  to  NPDES regulation and those that are  not.  Therefore,  EPA has  stated that it  is
permissible to include all  point source stormwater discharges  in the  WLA portion of the TMDL.
MassDEP has taken this approach.  In accordance with the CWA, a TMDL must account for seasonal
variations  and  a margin of safety, which  accounts  for any lack  of  knowledge  concerning the
relationship between effluent limitations and water quality.  Thus:

                            TMDL = WLAs + LAs + Margin of Safety

Where:
       WLA = Waste Load Allocation which is the portion of the receiving  water's loading capacity that
              is allocated to each existing and future point source of pollution.
       LA =   Load Allocation which is the portion of the receiving water's loading  capacity that is
              allocated to each existing and future  non-point source of  pollution (and point sources
              not subject to  NPDES permits.

This TMDL was developed using an alternative standards-based approach, which is based on indicator
bacteria concentrations, but considers the terms of the above equation. This approach is more in line
with the way  bacterial pollution  is regulated  (i.e.,  according to concentration standards)  but the
standard loading approach is provided as well.
7.1 - General Approach: Development of TMDL Targets

For this TMDL, the MassDEP developed  two types of daily TMDL targets. First, MassDEP set daily
concentration TMDL (WLA/LA) targets for  each one of the discharge sources by category (i.e.,NPDES
discharges, storm water, CSO, etc). MassDEP recommends that the concentration targets be used as
the primary guide for implementation.  Second, maximum daily loads were developed as a function of
watershed size and runoff volume.  For streams,  since no USGS  gages are located in this area  the
                                            78

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maximum loads were calculated as a function of the long-term  average runoff observed at USGS
gages in  New England (which accounts for infiltration and evapotranspiration), the watershed size and
water quality  standard  criteria  for  e-coli  and enterococcus  applicable  to  each  segment. For
embayment's,  maximum  daily  loads were calculated as a function  of the observed  long-term
precipitation on Cape Cod,  the estimated  average runoff associated within  200 feet from each
embayment or entire contributing watershed area  for each segment and the  most stringent water
quality criteria based on segment classification. Each methodology is described in greater detail in the
following  sections  however both  assure  loading capacities are equal to or less than the Water Quality
Standards.

MassDEP believes that expressing a loading capacity for bacteria  in  terms of concentrations set equal
to the Commonwealth's adopted criteria, as provided  in Table 7-1, provides the clearest and most
understandable expression of water quality goals to the public and to groups that conduct water quality
monitoring.  MassDEP believes that expressing the loading capacity for bacteria in terms of loadings
(e.g., numbers of organisms per day) although provided, is more difficult  for the public to interpret and
understand because the "allowable" loading number varies with flow and runoff over the course of the
day and season and is very large (i.e. billions or trillions of organisms per day) and therefore is not as
easily understood  in the context of the State Water Quality Standards or public health criteria.

To ensure attainment with water quality standards throughout the waterbody, MassDEP  emphasizes
the simplest and  most readily understood way of meeting the TMDL is to try to  meet  the  bacteria
standard  at the point of discharge. However, for compliance purposes in-stream measurements must
be used.

 It is important to note that MassDEP realizes given the vast potential number of bacteria  sources and
the difficulty of identifying and removing them from some sources such as stormwater require an
iterative process and will take some time to accomplish. While  the stated goal in the TMDL is to meet
the water quality  standard at the point of discharge  it also  attempts  to be clear that MassDEP's
expectation is that for stormwater an iterative approach is needed that includes prioritization of outfalls
and the application of BMPs should be  used to achieve water quality standards. MassDEP believes
this is approach is consistent with current EPA  guidance and regulations as stated in a November 22,
2002  EPA memo from Robert  Wayland (see  attachment C)   Further discussion on this issue  is
provided  in Section 8.

7.1.1  Potential Sources of Bacterial Contamination

Some  insight  on  potential  sources of bacteria  is  gained  using  dry  or wet  weather  bacteria
concentrations as a benchmark  for reductions. Where a  segment is identified as having  high dry
weather  concentrations,  sources such  as permitted discharges, failing septic tanks, illicit  sanitary
sewers connected to storm drains, and/or leaking  sewers may be the  primary contributors.  Where
elevated  levels are observed  during wet  weather, potential sources  may include flooded septic
systems,   surcharging sewers  (combined  sewer  overflows  or  sanitary  sewer  overflows,  and/or
stormwater runoff.  In urban areas, sources of elevated bacteria concentrations can include runoff in
areas with  high populations of  domestic animals or pets.  In agricultural areas,  sources  may include
runoff from farms, poorly managed manure  piles or areas where wild animals or birds  congregate.
                                             79

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Other potential sources may include sanitary sewers connected to storm drains that result in flow that
is retarded until the storm drain is flushed during wet weather.  Sections 4, 5 and 6 of this  document
discuss in more detail the types of sources identified as well as their prioritization for implementation.

7.2 Waste  Load Allocations  (WLAs) and  Load Allocations (LAs)  As  Daily  Concentration
(Colonies/1 OOmL).

As previously noted there are many different potential sources of indicator bacteria in the Buzzards
Bay Watershed.  Most of the bacteria sources are believed to be storm water related.   Table  7-1
presents  the TMDL indicator bacteria WLAs  and LAs  for the various source categories as daily
concentration targets  for the Buzzards  Bay Watershed.  Point sources within the  Buzzards Bay
Watershed  include  several  wastewater treatment plants  (WWTPs)  and other NPDES-permitted
wastewater discharges. NPDES wastewater discharge WLAs are set at the water quality standards.
All piped discharges are, by definition, point sources regardless of whether they are currently subject to
the requirements of NPDES permits.  Therefore a WLA set equal to the WQS criteria will be assigned
to  the  portion of the  stormwater that discharges to surface waters via storm  drains.  For any illicit
sources including illicit discharges to stormwater systems and sewer system overflows  (SSO's)  the
goal  is complete elimination  (100% reduction).  The specific  goal for controlling combined sewer
overflows (CSO's) is meeting water quality standards through implementation of approved  Long-term
Control Plans.  It is recommended that these concentration targets be used to  guide implementation.
The goal to attain WQS at the point  of discharge is environmentally protective, and offers a practical
means to identify and evaluate the effectiveness of control measures.  In addition,  this  approach
establishes clear objectives that can be  easily understood by  the public and  others responsible for
monitoring activities. Success of the control efforts and subsequent conformance with the TMDL will be
determined by documenting that a sufficient number of bacteria samples from the receiving water meet
the appropriate indicator criteria (WQS) for the water body.

Table 7-1: Waste Load Allocations (WLAs) and Load Allocations (LAs) as Daily Concentrations
(Colonies/1 OOmL)
Surface Water
Classification
A, B, SA, SB
Pathogen Source
Illicit discharges to storm drains
Leaking sanitary sewer lines
Failing septic systems
Waste Load Allocation
Indicator Bacteria
(CFU/100mL)1
0
0
N/A
Load Allocation
Indicator Bacteria
(CFU/100mL)1
Not Applicable
Not Applicable
0
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Surface Water
Classification
      Pathogen Source
    Waste Load Allocation
       Indicator Bacteria
         (CFU/100ml_)1
 Load Allocation
Indicator Bacteria
  (CFU/100mL)1
                 Any  regulated  discharge   7S-
                 including  storm  water  runoff
                 subject to Phase I or II NPDES
                 permits
 (Water supply
   Intakes in
 unfiltered public
 water supplies)
                               Either;
                                 c)   fecal coliform <=20 fecal
                                     coliform organisms per 100 ml2
                                               or
                                 d)   total coliform <= 100 organisms
                                     per 100 ml3; where both are
                                     measured,  only fecal must be
                                     met
                                             Not Applicable
                  Nonpoint  source  storm  water
                  runoff
                                         Not Applicable
                                     Either;
                                     b)  fecal coliform <=20 fecal
                                        coliform organisms per 100 ml2,
                                                    or
                                     b) total coliform  <= 100 organisms
                                      per  100  ml3;  where  both are
                                      measured, only fecal must be met
                                                Either;
(Includes filtered
 water supply)

       &
       B
                 Any    regulated    discharge-
                 including  storm  water  runoff
                 subject to Phase  I or II NPDES
                 permits,   NPDES  wastewater
                 treatment plant  discharges  7|9,
                 and combined sewer overflows6.
                                 b)
                                 b)
     E. coli  <=geometric mean5126
     colonies per 100 ml; single
     sample <=235 colonies per 100
     ml;
                or
       Enterococci  geometric mean5
     <= 33 colonies per 100 ml and
     single sample  <= 61 colonies
     per 100 ml	
                                                                               Not Applicable
                                                                  Either
                                                                                       c)
                  Nonpoint  source  storm  water
                  runoff
                                                           Not Applicable
                                                                          E. coli <=geometric mean5
                                                                          126 colonies per 100 ml;
                                                                          single sample <=235 colonies
                                                                          per 100 ml;
                                                                                    or
                                                                      d)   Enterococci geometric
                                                                          mean5<= 33 colonies per 100
                                                                          ml and single sample  <= 61
                                                                          colonies per 100 ml
      SA
 (Designated for
  shellfishing)
Any   regulated   discharge
including   storm  water  runoff
subject to Phase I or II NPDES
permits,   NPDES   wastewater
treatment   plant  discharges7'9,
and combined sewer overflows6.
 Fecal Coliform <= geometric mean,
MPN, of 14 organisms per 100 ml nor
 shall 10% of the samples be >=28
       organisms per 100  ml
                                                                                              Not Applicable
                  Nonpoint  Source Storm  water
                  Runoff4
                                         Not Applicable
                                    Fecal Coliform <= geometric mean,
                                   MPN, of 14 organisms per 100 ml nor
                                     shall 10% of the samples be >=28
                                          organisms per 100 ml
                                                     81

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Surface Water
Classification
     Pathogen Source
   Waste Load Allocation
     Indicator Bacteria
       (CFU/100ml_)1
                                                                                       Load Allocation
                                                                                      Indicator Bacteria
                                                                                        (CFU/100mL)1
   SA&SB
(Beaches8 and
non-designated
shellfish areas)
                 Any   regulated   discharge
                 including  storm  water  runoff
                 subject to Phase I or II NPDES
                 permits,   NPDES   wastewater
                 treatment  plant  discharges7'9,
                 and combined sewer overflows6.
                              Enterococci - geometric mean5 <= 35
                                 colonies per 100 ml and single
                               sample  <= 104 colonies per 100 ml
                                          Not Applicable
                 Nonpoint  Source  Storm water
                 Runoff4
                                       Not Applicable
                                 Enterococci -geometric mean5 <= 35
                                colonies per 100 ml and single sample
                                     <= 104 colonies per 100 ml
     SB
(Designated for
  shellfishing
 w/depu ration)
Any   regulated   discharge
including  storm  water  runoff
subject to Phase  I or II NPDES
permits,  NPDES  wastewater
treatment  plant  discharges7-9,
and combined sewer overflows6.
 Fecal Coliform <= median or
 geometric mean, MPN, of 88
organisms per 100 ml nor shall
 10% of the samples be >=260
    organisms per 100 ml
                                                                                          Not Applicable
                 Nonpoint  Source  Storm water
                 Runoff4
                                       Not Applicable
                                   Fecal Coliform <= median or
                                   geometric mean, MPN, of 88
                                  organisms per 100 ml nor shall
                                  10% of the samples be >=260
                                      organisms per 100 ml
   1 Waste Load Allocation (WLA) and Load Allocation (LA) refer to fecal coliform densities unless specified in the table.
   2 In all samples taken during any 6-month period
   3 In 90% of the samples taken in any six-month period;
   "The expectation for WLAs and LAs for storm water discharges is that they will be achieved through the implementation
   of BMPs and other controls .
   5 Geometric mean of the 5 most recent samples is used at bathing beaches. For all other waters and during the non-
   bathing season the geometric mean  of all samples  taken within  the most recent six months, typically based on a
   minimum of five samples.
   6 Or other applicable water quality standards for CSO's
   7 Or shall be consistent with the Waste Water Treatment Plant (WWTP) National Pollutant Discharge Elimination System
   (NPDES) permit.
   8 Massachusetts Department of Public Health regulations (105 CMR Section 445)
   9 Seasonal disinfection may be allowed by the Department on a case-by-case basis.

      Note:  this table represents waste load and load allocations based on water quality standards
      current as of the publication date of these TMDLs. If the pathogen criteria change in the future,
      MassDEP intends to revise the TMDL by addendum to  reflect the revised criteria.
           7.3 -TMDL Expressed as Daily Load (Colonies/Day)
          7.3.1   Rivers
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Background discussion: Flow in rivers and streams is highly variable. Nearly all are familiar with seeing
the same river as a raging, flooding torrent and at another time as a tame and calm stream. In many
areas, seasonal patterns are evident. A common pattern is high flow  in the spring when winter snow
melts and spring  rains swell rivers.  Summer time generally is a period of low  flows except for the
extreme events of heavy rainfall storms that can scale up to the high flows expected during hurricanes.
Across the  United States, the US Geological Survey and others maintain a network of stream gages
that measure these flows on a continuous basis thus providing quantitative values to the qualitative
scenarios described above. These flow  measurements are reported  in terms of a volume  of water
passing the gage in a given time  period. Often the reported values are in cubic feet per second.  A
cubic foot of water is 7.48 gallons, and flows can range from less that a cubic foot per second to many
thousands of cubic feet per second depending on the time of year and the size of the river or stream.
The size of the river or stream and the amount of water that it usually carries is determined by the area
of land  it drains (known  as a watershed),  the type of land in the  watershed, and  the  amount  of
precipitation that falls on the watershed. A common way the  USGS reports flow is in cubic feet per
second (cfs) averaged over a day since flow can vary even over the course of a day.

In addition  to quantity,  there is of course a quality aspect to water.  Most  chemical constituents are
measured  in terms of weight per volume, generally using the  metric system with milligrams  (mg) per
liter (L) as the units. A milligram is  one thousandth of a gram, 28 of which weighs one ounce. A liter is
slightly more than a quart, so there are 3.76 L in a gallon. The total amount of material is called mass
and is the quantity in a given volume of water. For instance, if a liter of water had 16 milligrams of salt
and one evaporated all of the water, the 16 milligrams of salt would remain. A volume of two liters with
the same 16 mg/L of salt would yield 32 milligrams of salt upon evaporation of the water. So, the total
amount of material in a volume of water is the combination of the amount (volume) of water and the
concentration of the substance being assessed. These two characteristics, in compatible units, are
multiplied to determine the quantity of the material present. In the case of a river or stream, the total
amount of material passing a gaging station in a day is the total volume multiplied by the concentration
of the chemical being assessed. This quantity often is referred to as "load", and if the time frame  is a
day, the quantity is called the "daily load." If another time frame is used, such as a year, the term used
is "yearly" or "annual" load.

Application  to Bacteria: Bacteria also can be discussed in terms of concentrations  and loads. However,
the common way of expressing concentrations of bacteria is in terms of numbers rather than weight
(although one could use weight). Bacteria standards for water are written in terms of concentrations,
and while the method of determining the concentrations can be by  direct count or estimated through
the outcome of some reaction, it is  the  number of organisms that are determined to  be in a given
volume of water. Once again, the load is determined by the concentration multiplied by the volume  of
water.  As  can be seen,  changes in concentration and/or changes in flow result in changes in the
loads. Also, maximum loads can increase and if flow increases in proportion, the concentration will
remain the same. For instance, if the total number of bacteria entering a section of stream doubles, but
the flow also  doubles, the concentration remains the  same. This means that as flow increases,
allowable load can increase so that concentration remains constant (or lower if dilution occurs) while
continuing to meet the water quality criterion. In its  simplest application, this is the concept of the flow
duration curve approach. At each given flow, the maximum load that can enter and still  meet the water
                                             83

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quality concentration criterion is set. If the number of bacteria in a water body segment is higher than
the allowable load as set by the water quality standard and flow, then a reduction is needed.

As a practical matter, determining the flow at each sampling point is resource intensive, expensive and
generally is not done. This issue is magnified in the Buzzards Bay Watershed where long-term records
of USGS gages are not available. Given this, however, some estimates can be made of the volume of
runoff based on long-term records of USGS gages  in New England.  This is the approach used in the
development of this TMDLS.

The  pollutant loading that a waterbody can safely assimilate is  expressed  as either  mass-per-time,
toxicity or some other appropriate measure (40 CFR § 130.2). Typically, TMDLs are expressed as total
maximum daily loads.  However, as previously mentioned expressing pathogen  TMDLs in terms of
daily loads is difficult to interpret given the very high numbers of indicator bacteria and the magnitude
of the allowable load is dependent on flow conditions and, therefore, will vary as flow rates change. For
example, a very high  load of  indicator bacteria is allowable if the  volume of water  that transports
indicator bacteria is also  high.  Conversely, a relatively low load of indicator  bacteria may exceed the
water quality standard  if flow  rates are low.  Given the intermittent nature of storm water  related
discharges, MassDEP believes it is appropriate to express storm water-dominated indicator bacteria
TMDLs proportional to flow for  flows greater than 7Q10  (the  lowest flow that is expected to occur for
seven consecutive days over a ten day period). This approach is appropriate for storm water TMDLs
because of the intermittent nature of  storm water discharges. However, the  WLAs  for continuous
discharges are not set based on  the receiving water's proportional flow, but rather, are based on the
criteria multiplied by the permitted effluent flow (applying the appropriate conversion factor). Because
the water quality standard is also expressed in terms of the concentration of organisms per 100 mL,
the acceptable in-stream  daily load or TMDL is the product of the river flow at any given time and the
water quality standard criterion.

       7.3.2   Embayment's

For embayment's,  the allowable  loading was estimated using  two different  methodologies. First, for
most of those embayment's located on the eastern side  of Buzzards Bay (Cape Cod side) where, for
the most part,  precipitation readily percolates into the groundwater rather than  runoff,  an assumption
was  made that only the runoff within a  200-foot buffer area of the perimeter  of the embayment would
likely runoff directly to the waterbody in question. Further, in this 200-foot buffer there are both pervious
and impervious areas. To estimate this load, in the impervious areas it was assumed that all 45 inches
(3.75 feet) of annual rainfall resulted in runoff directly to the embayment.
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A review of existing USGS studies was conducted to estimate the amount of runoff anticipated from the
pervious areas on Cape Cod.  Walter  and Whealan (2005; Fig 6)1  report precipitation results at
Hatchville (in Falmouth, MA  from  1941-1995. That data indicate  that an average of 45 in/yr typically
falls on Cape Cod varying from a low of about 25 inches (1965) to a high of 73 in. (1972). Walter and
Whealan also report and  average ground water  recharge  rate  (amount  of precipitation that  goes
directly into the ground) of 27 in/yr for Cape Cod. Desimone2 estimates that approximately 24 inches of
precipitation on Cape Cod is lost to evapotranspiration. Adding these two values together indicates that
on  an average over  the years virtually all precipitation to the pervious areas on Cape Cod either
recharges directly to the aquifer or evapotranspirates and thus none is expected to runoff from these
areas. As a result it was assumed that no runoff occurs from the pervious areas and therefore no load
allocation was provided. A buffer area of 200 feet was chosen as a reasonable  estimate of the area
which is likely to contribute stormwater discharges directly to each embayment.  Within this area it is
assumed that all 45 inches per year of precipitation runs directly off any impervious area within this
buffer zone and zero inches  per year runs  off from non-impervious areas.  Hence, the allowable total
number of bacteria for a day  is the  water quality standard times the  estimated daily runoff associated
with impervious areas  within the  200 foot buffer  zone  once conversions for the various  units are
applied. .

In  a few cases, where the  specific contributing  watershed had already been  developed for other
reasons, the entire contributing watershed area was used to calculate the total load.
It was therefore conservatively assumed that all impervious runoff  entered the estuary through a formal
conveyance system and thus was included in the wasteload allocation portion of the TMDL.

In the embayment's on the western part of Buzzards Bay a different method was chosen because 1)
most embayment's are fed by a surface water feature such as a  river or stream,  2) even though the
soil characteristics in many areas near Buzzards Bay Watershed are  similar to those on Cape Cod the
soils become less pervious in other areas of the watershed  further from the shore,  and 3) there are
several urban areas like New Bedford that operate large sewer and stormwater systems and have vast
amounts of impervious cover. As a result, the allowable loading was calculated using the concentration
allowed by the Massachusetts Water Quality  Standards  and the  estimated volume of runoff entering
from each contributing watershed.  Since there are  no long-term USGS gage stations in the Buzzards
Bay area it was conservatively assumed that all precipitation to impervious areas runs directly off into a
local waterway (average runoff value of  45  inches  per year  or 3.75 feet).  In pervious areas  a
conservative estimate of 23.8 inches per year (1.98 feet) was used which represents the 50 percentile
of  runoff values observed at USGS gages in New England  (Hydrologic Unit 1)  based on long-term
records(1901-2002)                                   http://water.usgs.gov/waterwatch/index.php?
map tvpe1=real&map tvpe2=&map  tvpe3=&map tvpe4=&web tvpe=real
1 Walter, D.A., and Whealan, AT., 2005, Simulated Water Sources and Effects of Pumping on Surface and
Ground Water, Sagamore and Monomoy Flow Lenses, Cape Cod, Massachusetts: U.S. Geological Survey
Scientific Investigations Report 2004-5181, 85p.

2  Desimone, Leslie,  2003,  Simulation  of Advective Flow under Steady-State and Transient  Recharge
Conditions,  Camp  Edwards,Massachusetts Military Reservation, Cape Cod, USGS Massachusetts Water-
Resources Investigations Report 03-4053,U.S., Northborough, Massachusetts,
                                             85

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%2Cmap&state=ma&xinfo=&map_type=roplt&group_idx=4®ion_cd=ma&group_idx_changed=1&se
I_nm=map_type4&sel_va=roplt.

Since the USGS records actual streamflow over the course of time the estimates already account for
recharge and evapotranspiration and thus reflect a true runoff value.

These runoff values were  multiplied  by the  contributing watershed acreage and the most stringent
water guality standard for each segment to calculate the allowable total number of bacteria per year.
The daily TMDL was then calculated by dividing the allowable annual load by the number of days, on
average, that it rains. Since it rains once every three to four days the annual load was divided by  105
days per year with rainfall to calculate the daily load.  Precipitation data were  based on information
interpreted   from   the   National    Oceanic  and    Atmospheric  Administration   (NOAA)   at
http://cdo.ncdc.noaa.gov/ancsum/ACS and www.ncdc.noaa.gov/oa/climate/online/ccd/prego1.txt.

The 105 days per year of rainfall represents an average of  the total number of days of precipitation
>0.01".  It  is assumed that  precipitation less than 0.01  inches  either adsorbs into the ground or
evaporates and therefore does not runoff. Finally, the total  daily load allocation was then split  into
wasteload and  load  allocations  based on  the ratio  of  impervious to pervious  land within each
watershed.

7.3.3         Water Quality Criteria

The water quality criteria used to develop the TMDL was based on the most stringent designated  use
identified in  the Massachusetts Water Quality Standards. The criteria applied  to each segment  are
identified in Tables 7.3a and 7.3b. The criteria are summarized as follows:

For Class A surface waters:

          a. At intakes in unfiltered public water supplies fecal coliform shall not exceed 20
             organisms per 100 ml in all samples taken in any six-month period; or total coliform
             shall not exceed 100 organisms per 100  ml in 90% of the samples taken in any six-
             month period.

          b. At bathing beaches the geometric mean  of the 5 most recent e-coli samples taken
             during the same bathing season shall not exceed 126 colonies per 100 ml and no
             single sample taken during the same bathing season shall exceed 235  colonies per
             100 ml, or where enterococcus is used the geometric mean of the 5 most recent e-coli
             samples taken during the same bathing season shall not exceed 33 colonies per 100
             ml and no single sample taken during the same bathing season shall exceed 61
             colonies per 100 ml.

          c. For all other class A waters and during the non-bathing season the geometric mean  of
             all e-coli samples taken within  the most recent 6 months shall not exceed 126 colonies
             per 100 ml typically based on a minimum of 5 samples and no single  sample shall
             exceed 235 colonies per 100 ml, or where enterococcus is used the geometric mean of
             all samples  taken within the most recent six months shall not exceed 33 colonies per
             100 ml and no single sample taken during the  same bathing season shall exceed 61
             colonies per 100 ml.
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For Class B surface waters:
              Criteria b and c above apply for bathing beaches and for other waters and during non-
              bathing season.
For Coastal Waters designated as Class SA:
              a.  For waters designated for shellfishing: fecal coliform shall not exceed a geometric
                 mean Most Probable Number (MPN) of 14 organisms per 100 ml nor shall more
                 than  10 % of the samples exceed an MPN of 28 per 100 ml.

              b.  At bathing beaches no single enterococci sample taken during the bathing season
                 shall not exceed 104 colonies per 100 ml, and the geometric mean of the five most
                 recent samples taken within the same bathing season shall exceed 35 colonies per
                 100ml.

              c.  In  non-bathing beach waters and bathing  beach waters during the non-bathing
                 season, no single sample shall exceed 104 colonies per 100 ml, and the geometric
                 mean of all samples taken within the most recent six  months typically based on 5
                 samples shall exceed 35 colonies per 100 ml.

For Coastal Waters designated as Class SB:

              a.  Waters designated for shellfishing with depuration: fecal coliform shall not exceed a
                 median or geometric mean Most Probable Number (MPN) of 88 organisms per 100
                 ml nor shall more than 10 % of the samples exceed an MPN of 260 per 100 ml.

              b.  at  bathing beaches and in non-bathing beach waters  and bathing beach waters
                 during the non-bathing season the same criteria as Class SA apply.


MassDEP is basing the  TMDL on the recently (1/07)  revised Massachusetts Water Quality Standards
for the indicator organisms (£. coli and enterococci).  The full version of the revised standards can be
found at:  http://mass.gov/dep/water/laws/reaulati.htm#waual
       7.3.4 Calculating the TMDL as Daily Loads (Colonies/Day)


MassDEP believes it is appropriate to express indicator bacteria TMDLs proportional to flow. Because
the water quality standard is also expressed in terms of the concentration of organisms per 100 ml,
the acceptable in-stream daily load or TMDL is the product of that flow and the water quality standard
criterion,  which is the same approach used for any pollutant with a numerical criterion. In the case of
embayments, runoff is the flow that is being used to determine the maximum daily load.

The  TMDL  is  calculated  based  on flow  or  volume  and  the concentration  of the  applicable
Massachusetts water quality standard criterion  for bacteria in the river.  Once the flow or volume is
estimated, the total maximum daily load  of bacteria in numbers per day is derived by multiplying the
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estimated flow or runoff volume by the water quality standard criterion for the indicator bacteria.  The
actual allowable load of bacteria, in numbers of bacteria per day, varies with flow at or above 7Q10 in
each segment as presented in Figures  7-1 a and 7-1 b.  This approach sets a target for reducing the
loads so that water quality  criteria for indicator bacteria are met at all flows  equal to or greater than
7Q10.

Example calculations for determining the TMDL are provided as follows:

For Rivers, the  TMDL associated each 1.0 cubic foot per second of flow  to meet a water quality
standard of 126 colonies per 100 ml (Class B) is derived as follows:

TMDL= (0.02832 rrf/sec) x (86,400 sec/day) x (1000 liters/m3) x (1000 ml/liter) x (126 col/100ml) = 3.08
x109 col/day.

For Embayment's

For embayment's  the size of the watershed contributing to the flow must be accounted for.
Therefore the TMDL associated with each acre of contributing watershed  to meet a water quality
standard for 14 colonies per 100 ml of fecal coliform (Class SAfor shellfishing) is derived as follows:

On Eastern Side  of Buzzards Bay (Cape Cod Side):

TMDL = (1 acre) x (43,560  ft2/acre) x (3.75 ft (% impervious area in 200 ft buffer)/105 days ) x (7.48
gallons/ft3) x (3.78 liters/gallon) x (14 colonies/100 ml) x (1000 ml/I) = 6.19 X 106 col/day

The TMDL attributed to each acre of contributing watershed area to meet a water quality standard of
88 colonies/100 ml of fecal coliform (Class SB for shellfishing) is derived as follows:

TMDL = (1 acre) x (43,560  ft2/acre) x (3.75 ft (% impervious area in 200 ft buffer)/105 days )) x (7.48
gallons/ft3) x (3.78 liters/gallon) x (88 colonies/100 ml) x (1000 ml/I) = 3.87 X 107 col/day

The TMDL attributed to each acre of contributing watershed area to meet a water quality standard of
104 colonies/100 ml of enterococcus (Class SA and SB for swimming) is derived as follows:

TMDL = (1 acre) x (43,560  ft2/acre) x (3.75 ft (% impervious area in 200 ft buffer)/105 days )) x (7.48
gallons/ft3) x (3.78 liters/gallon) x (104 colonies/100 ml) x (1000 ml/l) = 4.57 X 107 col/day

On the Western Side of Buzzards Bay:

The TMDL associated with each acre of contributing watershed to meet a water quality standard for 14
colonies per 100 ml of fecal  coliform (Class SAfor shellfishing) is derived as follows:

TMDL = (1 acre) x (43,560 ft2/acre) x ((1.98 ft (% pervious area) + 3.75 ft (% impervious area)/105 days
)) x (7.48 gallons/ft3) x (3.78  liters/gallon) x (14 colonies/100  ml) x (1000 ml/l)
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The TMDL attributed to each acre of contributing watershed area to meet a water quality standard of
88 colonies/100 ml of fecal coliform (Class SBforshellfishing) is derived as follows:

TMDL = (1 acre) x (43,560 ft2/acre) x ((1.98 ft (% pervious area) + 3.75 ft (% impervious area)/105 days
)) x (7.48 gallons/ft3) x (3.78 liters/gallon) x (88 colonies/100 ml) x (1000 ml/l)

The TMDL attributed to each acre of contributing watershed area to meet a water quality standard of
104 colonies/100 ml of enterococcus (Class  SA and SB for swimming) is derived as follows:

TMDL = (1 acre) x (43,560 ft2/acre) x  ((1.98 ft (% pervious area) + 3.75 ft (% impervious area) /105
days )) x (7.48 gallons/ft3) x (3.78 liters/gallon) x (104 colonies/100 ml) x (1000 ml/l)
The following plot (Figure 7.1 a) depicts the number or amount of E. coli bacteria per day that can be in
any Class B river segment at any given location in the Buzzards Bay Watershed depending on flow:

                                          Figure 7-1a: TMDL: E. coli Rivers
•1 nnp+i.^
1 nnr+1^ -
1 nnp+19
1 nnr+1 1 -
1 nnp+1 n -
»
»
•\ nnp+nci
TMDLl 1 nrtC4-n«
Col E-Coli/day
•i nnp+nfi -



•1 nnp+no
1 nnp+m -
1 nnp+nn
1
^--x
_^-*-"^
^^^
^^*^^
^*^~
r-"""

—X— bacti/day

cfs*0. 02832 m3/sec*86,400sec/day*126 col bacti/1 OOmL*1 ,000,000 ml/m3
= maximum allovrable daily load of E. coli




10 100 1000 10000 100000
Flow(CFS)
                                             89

-------
        Figure 7.1b depicts the number or amount of Enterococcus bacteria per day that can be in
       any Class B river segment at any given location in the Buzzards Bay Watershed depending on
       flow:

                               Figure 7-1b:TMDL: Entercoccus Rivers
          §
          o
          o
          o
          0)
         HI
          re
         I
          o
         O
1 nnp+1? -
1 nnp+19
1 OOE+11 -
1 nnp+m -
1 nnp+nQN

1 nnF+ny
1 nnp+nfi
1 nnp+n^
1 OOE+04 -
1 nnp+n? -
1 nnp+n9
1 OOE+01 -
1 nnF+nn -

XX ^^^^^
^^^^^
^^^^^^^
f^^^^^^
\
cfs*0.028.32 m3/sec*86,400s/d*33 bacti/100mL*1, 000,000 ml/m3= maximum







                                 10
                                              100          1000
                                                 Flow (CFS)
                                                                       10000
                                                                                    100000
   7.3.5 - Wasteload Allocations (WLAs) and Load Allocations (LAs)

There are several WWTPs and other NPDES-permitted wastewater discharges within the watershed.
NPDES wastewater discharge WLAs are set at the WQS.  In addition there are numerous storm water
discharges from storm drainage systems  throughout the watershed.   All piped discharges are, by
definition, point sources regardless of whether they are currently subject to the requirements of NPDES
permits. Therefore, a WLA set equal to the WQS will be assigned to the portion of the storm water that
discharges to surface waters via storm drains.
                                           90

-------
WLAs and LAs are identified for all known source categories including both dry and wet weather
sources for Class SA, Class SB, B segments within the Buzzards  Bay watershed.  Establishing WLAs
and  LAs that only  address dry weather indicator bacteria sources would  not ensure attainment of
standards because of the  significant contribution of wet weather indicator  bacteria sources to  WQS
exceedances.  Illicit sewer connections and deteriorating sewers leaking to storm drainage systems
represent the primary dry weather point sources of indicator bacteria, while  failing septic systems and
possibly  leaking  sewer lines  represent the non-point  sources.  Wet  weather point sources include
discharges from storm water drainage systems (including MS4s) and sanitary sewer overflows (SSOs).
Wet weather non-point sources primarily include diffuse storm water runoff.

7.3.6 Stormwater Contribution

Part  of the stormwater  contribution originates from  point sources and is included in the  waste load
allocation, and part comes  from non-point sources and is included in the load allocation of the TMDL.
The  fraction of the runoff load attributed to  the waste load allocation is estimated from the fraction of
the watershed that has  impervious cover because storm water from  impervious cover is more likely to
be diverted, collected and conveyed to the receiving water by storm water collection systems than non-
impervious areas. The  fraction of the TMDL associated with the wasteload allocation was estimated,
using MassGIS and the algorithm within it to estimate the extent of impervious surface. The wasteload
allocation was  then defined  by   multiplying  the  TMDL for each   segment  by  the  percent  of
imperviousness in each watershed. Likewise the load allocation was estimated using  the  percent
pervious cover  in each watershed. MassDEP believes this approach  is  conservative  because  it
assumes that all runoff from impervious areas actually makes it to the waterbody segment  in question,
which may or may not always be the case.

For  example, consider waterbody  segment 95-31  of the Achusnet  River from  the Outlet  of New
Bedford Reservoir to the Hamlin Rd. culvert, Acushnet.  This segment is designated as a Class B water
in the Massachusetts Water Quality Standards and thus must meet the Water Quality Standard of 126
colonies/100 ml. The TMDL for 1 cubic feet per second  of flow was calculated to be 3.08 x 109 colonies
per day. According to the MassGIS  data layer, the watershed above this point is 5.8% impervious and
94.2% pervious. Thus, the  wasteload allocation was  calculated to  be (3.08 x 109) x .058 = 1.79 x 108
colonies  per day. Likewise the load allocation was calculated  to be (3.08 x 109) x .942 = 2.9 x 109
colonies per day.

Using this  procedure the  wasteload allocations and  load allocations for  each  river segment were
calculated for varying  flow regimes and are provided in Table 7-2a below while the wasteload
allocations and load allocations for each marine segment based on contributing acreage are provided
in Table 7-2b.
                                             91

-------
92

-------
Table 7- 2a: WLA and LA for River Segments - TMDL By Segment (Colonies/Day)

River
Segments
/Size
MA95-31
3.1 miles
MA95-32
1.1 miles
MA95-58
4.9 miles
MA95-13
3.8 miles
MA95-40
2.9 miles
MA-95-44
1.5 miles
MA-95-45
0.36 miles
Description
Achusnet River
Class B (126
col/1 00ml)
Achusnet River
Class B (126
col/1 00ml)
Bread and
Cheese Brook
Class B (126
col/1 00ml)
Buttonwood
Brook
Class B (126
col/1 00ml)
East Branch
Westport River
Class B (126
col/1 00ml)
Snell Creek
Class B (126
col/1 00ml)
Snell Creek
Class B (126
col/1 00ml)
River Segments
TMDL based on Flow (Colonies of E. co///day) (from Figure 7-1 a)
Stormwater
Contribution
WLA
(5.8%
impervious)
LA
( 94.2% pervious)
WLA
(8.0%
impervious)
LA
(92.0% pervious)
WLA
(8.5%
impervious)
LA
(91.5% pervious)
WLA
(18.9%
impervious)
LA
(81.1% pervious)
WLA
(6.1%
impervious)
LA
(93.9% pervious)
WLA
(4.0%
impervious)
LA
(96.0% pervious)
WLA
(5.7%
impervious)
LA
(94.3% pervious)
1cfs
1.79E
+08
2.9E
+09
2.46E
+08
2.83E
+09
2.62E
+08
2.82E
+09
5.8E
+08
2.5E
+09
1.88E
+08
2.89E
+09
1.23E
+08
2.96E
+09
1.76E
+08
2.9E
+09
10cfs
1.79E
+09
2.9E
+10
2.46E
+09
2.83E
+10
2.62E
+09
2.82E
+10
5.8E
+09
2.5E
+10
1.88E
+09
2.89E
+10
1.23E
+09
2.96E
+10
1.76E
+09
2.9E
+10
"lOOcfs
1.79E
+10
2.9E
+11
2.46E
+10
2.83E
+11
2.62E
+10
2.82E
+11
5.8E
+10
2.5E
+11
1.88E
+10
2.89E
+11
1.23E
+10
2.96E
+11
1.76E
+10
2.9E
+11
"lOOOcfs
1.79E
+11
2.9E
+12
2.46E
+11
2.83E
+12
2.62E
+11
2.82E
+12
5.8E
+11
2.5E
+12
1.88E
+11
2.89E
+12
1.23E
+11
2.96E
+12
1.76E
+11
2.9E
+12
"lOOOOcfs
1.79E
+12
2.9E
+13
2.46E
+12
2.83E
+13
2.62E
+12
2.82E
+13
5.8E
+12
2.5E
+13
1.88E
+12
2.89E
+13
1.23E
+12
2.96E
+13
1.76E
+12
2.9E
+13
93

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Table 7- 2b: WLA and LA for Estuarine Waters - TMDL By Segment (Colonies/Day)
Segm
ent/Si
ze
MA95-33
0.31 sq mi.
MA95-29
0.17 sq. mi.
MA95-39
1.1 sq. mi.
MA95-09
0.5 sq. mi.
MA95-47
O.OSsq. mi.
MA95-53
0.04 sq. mi.
MA95-49
0.16 sq. mi.
MA95-01
0.67 sq. mi.
Description
Achusnet River
Class SB - based on
88/1 00 ml)
Agawam River
Class SB - based on
88/1 00 ml)
Apponagansett Bay
Class SA
Aucoot Cove
Class SA
Back River
Class SA
Beaverdam Creek
Class SA
Broad Marsh River
Class SA
Buttermilk Bay
Class SA
Watershed
Size (Acres)
13895.1
13,423.4
5,379.9
2,650.2
5.41
481.4
798.0
10,082.6
Stormwater Contribution
WLA
(1 1 .7% impervious)
WLA
(4.8% impervious)
WLA
(12.9% impervious)
WLA
(5.1% impervious)
WLA
(9.2% impervious)
WLA
(1 1 .5% impervious)
WLA
(14.9% impervious)
WLA
(8.2% impervious)
LA
(88.3% pervious)
LA
(95.2% pervious)
LA
(87.1% pervious)
LA
(94.9% pervious)
LA
(90.8% pervious)
LA
(88.5% pervious)
LA
(85.1% pervious)
LA
(91.8% pervious)
TMDL
Col/Day
3.14E
+11
2.86E
+11
1.95E
+10
9.01E
+09
1.90E
+07
1.73E
+09
2.94E
+09
3.52E
+10
TMDL
WLA
Col/day
6.29E
+10
2.49E
+10
4.27E
+09
8.32E
+08
3.06E
+06
3.41E
+08
7.32E
+08
5.1E
+09
TMDL
LA
Col/day
2.51E
+11
2.61E
+11
1.52E
+10
8.18E
+09
1.6E
+07
1.39E
+09
2.21E
+09
3.01E
+10
94

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Table 7- 2b: WLA and LA for Estuarine Waters - TMDL By Segment (Colonies/Day)
Segm
ent/Si
ze
MA95-62
8.0 sq. mi.
MA95-14
1.13 sq. mi.
MA95-52
0.01 sq. mi.
MA95-38
1.9 sq. mi.
MA95-51
0.04 sq mi.
MA-95-41
2.6 sq. mi.
MA95-48
(96075)
O.OSsq. mi.
MA95-61
(95049)
0.04 sq. mi.
Description
Buzzards Bay (open
water- see description)
Class SA
Cape Cod Canal
Class SB - based on
88/1 00 ml)
Cedar Island Creek
Class SA
Clarks Cove
Class SA
Crooked River
Class SA
East Branch Westport
River Class SB -
based on 88/100 ml)
Eel Pond
Class SA
Eel Pond
(Mattapoisett)
Class SA
Watershed
Size (Acres)
27,111.6
394.61
251.4
2,087.6
312.1
37,370.3
4.51
616.8
Stormwater Contribution
WLA
(16.5%
Impervious)
WLA
(13.9% impervious)
WLA
(7.6% impervious)
WLA
(30.8% impervious)
WLA
(10.7% impervious)
WLA
(5.9% impervious)
WLA
(7.7% impervious)
WLA
(5.7% impervious)
LA
(83.5% pervious)
LA
(86.1% pervious)
LA
(92.4% pervious)
LA
(69.2% pervious)
LA
(89.3% pervious)
LA
(94.1% pervious)
LA
(92.3% pervious)
LA
(94.3% pervious)
TMDL
Col/Day
1.01E
+11
9.07E
+09
8.73E
+08
8.66E
+09
1.11E
+09
8.04E
+11
1.57E
+07
2.11E
+09
TMDL
WLA
Col/day
2.75E
+10
2.12E
+09
1.18E
+08
3.96E
+09
2.06E
+08
8.54E
+10
2.13E
+06
2.16E
+08
TMDL
LA
Col/day
7.34E
+10
6.95E
+09
7.55E
+08
4.7E
+09
9.04E
+08
7.19E
+11
1.36E
+07
1.89E
+09
95

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Table 7- 2b: WLA and LA for Estuarine Waters - TMDL By Segment (Colonies/Day)
Segm
ent/Si
ze
MA95-23
O.OSsq. mi.
MA95-56
0.07 sq. mi.
MA95-46
0.02 sq. mi.
MA95-21
0.01 sq. mi.
MA95-10
0.04 sq. mi.
MA95-42
1.3 sq. mi.
MA95-64
0.36sq.mi.
MA95-24
0.02 sq. mi.
Description
Great Sippewissett
Creek
Class SA
Hammett Cove
Class SA
Harbor Head
Class SA
Herring Brook
Class SA
HillerCove
Class SA
Inner New Bedford
Harbor
Class SB - based on
88/1 00 ml)
Little Bay
Class SA
Little Sippewisset
Marsh
Class SA
Watershed
Size (Acres)
55.61
865.2
2.21
27.81
262.5
6,590.8
2,561
30.61
Stormwater Contribution
WLA
(2.4% impervious)
WLA
(10.7% impervious)
WLA
(1 1 .5% impervious)
WLA
(7.6% impervious)
WLA
(6.1% impervious)
WLA
(33.7% impervious)
WLA
(13.6% impervious)
WLA
(3.2% impervious)
LA
(97.6% pervious)
LA
(89.3% pervious)
LA
(88.5% pervious)
LA
(92.4% pervious)
LA
(93.9% pervious)
LA
(66.3% pervious)
LA
(86.4% pervious)
LA
(96.8% pervious)
TMDL
Col/Day
1.85E
+08
3.08E
+09
7.92E
+06
9.68E
+07
9.0E
+08
1.75E
+11
9.34E
+09
1.02E
+08
TMDL
WLA
Col/day
8.22E
+06
5.7E
+08
1.56E
+06
1.3E
+07
9.86E
+07
8.6E
+10
2.14E
+09
6.03E
+06
TMDL
LA
Col/day
1.77E
+08
2.51E
+09
6.35E
+06
8.38E
+07
8.01E
+08
8.9E
+10
7.2E
+09
9.6E
+07
96

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Table 7- 2b: WLA and LA for Estuarine Waters - TMDL By Segment (Colonies/Day)
Segm
ent/Si
ze
MA95-60
0.05 sq. mi.
MA95-35
1.1 sq. mi.
MA95-65
3.7 sq. mi.
MA95-02
0.78 sq. mi.
MA95-63
5.8 sq. mi.
MA95-15
0.73 sq. mi.
MA95-17
0.33sq. mi.
MA95-16
0.05 sq. mi.
Description
Mattapoisett River
Class SA
Mattapoisett Harbor
Class SA
Nasketucket Bay
Class SA
Onset Bay
Class SA
Outer New Bedford
Harbor
Class SA
Phinneys Harbor
Class SA
Pocasset Harbor
Class SA
Pocassett River
Class SA
Watershed
Size (Acres)
15,790.9
18,168.2
4,369.2
3,144.9
18,806.2
5.41
91.41
69.61
Stormwater Contribution
WLA
(4.1% impervious)
WLA
(5.2% impervious)
WLA
(10.4% impervious)
WLA
(13.5% impervious)
WLA
(16.3% impervious)
WLA
(10.2% impervious)
WLA
(8.0% impervious)
WLA
(10.0% impervious)
LA
(95.9% pervious)
LA
(94.8% pervious)
LA
(89.6% pervious)
LA
(86.5% pervious)
LA
(83.7% pervious)
LA
(89.8% pervious)
LA
(92.0% pervious)
LA
(90.0% pervious)
TMDL
Col/Day
5.32E
+10
6.18E
+10
1.55E
+10
1.15E
+10
7.36E
+12
1.92E
+07
3.18E
+08
2.5E
+08
TMDL
WLA
Col/day
3.99E
+09
5.82E
+09
2.8E
+09
2.61E
+09
1.89E
+10
3.4E
+06
4.5E
+07
4.29E
+07
TMDL
LA
Col/day
4.92E
+10
5.6E
+10
1.27E
+10
8.9E
+09
7.34E
+12
1.6E
+07
2.73E
+08
2.07E
+08
97

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Table 7- 2b: WLA and LA for Estuarine Waters - TMDL By Segment (Colonies/Day)
Segm
ent/Si
ze
MA95-25
0.17 sq. mi.
MA95-18
0.92 sq. mi.
MA95-08
2.5 sq. mi.
MA95-07
O.OSsq. mi.
MA95-34
0.67 sq. mi.
MA-95-59
0.01 sq. mi.
MA95-50
0.05 sq. mi.
MA95-03
1.2 sq. mi.
Description
Quissett Harbor
Class SA
Red Brook Harbor
Class SA
Sippican Harbor
Class SA
Sippican River
Class SA
Slocums River
Class SA
Snell Creek
Class SA
Wankinco River
Class SA
Wareham River
Class SA
Watershed
Size (Acres)
329.82
170.51
2,293.1
20,232.6
23,766.9
1073.5
13,214.9
28,686.4
Stormwater Contribution
WLA
(9.1% impervious)
WLA
(12.5% impervious)
WLA
(1 1 .8% impervious)
WLA
(5.0% impervious)
WLA
(9.8% impervious)
WLA
(5.7% impervious)
WLA
(4.2% impervious)
WLA
(5.1% impervious)
LA
(90.9% pervious)
LA
(87.5% pervious)
LA
(88.2% pervious)
LA
(95.0% pervious)
LA
(91.2% pervious)
LA
(94.3% pervious)
LA
(95.8% pervious)
LA
(94.9% pervious)
TMDL
Col/Day
1.16E
+09
6.2E
+08
8.24E
+09
6.87E
+10
8.48E
+10
3.7E
+09
4.46E
+10
9.75E
+10
TMDL
WLA
Col/day
1.85E
+08
1.31E
+08
1.7E
+09
6.23E
+09
1.43E
+10
3.77E
+08
3.42E
+09
9.0E
+09
TMDL
LA
Col/day
9.75E
+08
4.9E
+08
6.57E
+09
6.25E
+10
7.04E
+10
3.3E
+09
4.12E
+10
8.8E
+10
98

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Table 7- 2b: WLA and LA for Estuarine Waters - TMDL By Segment (Colonies/Day)
Segm
ent/Si
ze
MA95-37
1.3 sq. Mi.
MA95-22

0.29 sq. mi.
MA95-54
0.74 sq. mi.
MA95-05

0.62 sq. mi.
MA95-20

0.15 sq. mi.
Description
West Branch Westport
River
Class SA
West Falmouth Harbor
Class SA

Westport River
Class SA

Weweantic River
Class SA


Wild Harbor
Class SA
Watershed
Size (Acres)

5,842.1


6.21

45,894


58,286.4


631.3
Stormwater Contribution
WLA
(3.7% impervious)

WLA
(13.9% impervious)
WLA
(5.6% impervious)

WLA
(5.8 impervious)

WLA
(12.7% impervious)
LA
(96.3% pervious)

LA
(86.1% pervious)
LA
(94.4% pervious)

LA
(94.2% pervious)

LA
(87.3% pervious)
TMDL
Col/Day
1.96E
+10

2.27E
+07
1.57E
+11

1.99E
+11

2.29E
+09
TMDL
WLA
Col/day
1.33E
+09

5.31E
+06
1.58E
+10

2.1E
+10

4.94E
+08
TMDL
LA
Col/day
1.83E
+10

1.74E
+07
1.41E
+11

1.78E
+11

1.8E
+09
1 Estimated Average annual runoff in 200ft buffer area
2 Previously established watershed area.
                                                                                                                             99

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7.3.7 Summary

This TMDL provides the allowable daily loads (TMDLs) needed to attain the goals of the TMDL. Since
accurate estimates of existing sources are generally unavailable, it is difficult to estimate the pollutant
reductions for specific sources. The TMDL for discharges from illicit sewer connections, sewer system
overflows (SSO's), and discharges from failing septic systems  are not allowed and therefore set to
zero.  Regulated  discharges including  wastewater treatment facilities and other  NPDES-permitted
wastewater discharges within the watershed are set at the WQS. The WLAs and LAs for stormwater
are proportioned based on the amount  of pervious  and  impervious  area  from the contributing
watershed as defined in Tables 7-2a and  7-2b for each segment with the  goal of meeting the most
stringent water quality standard for each segment. Compliance with the  TMDL, however, should be
measured  by an  appropriate number of samples over a specific timeframe taken from the receiving
water in each segment pursuant to the WQS. Achievement of WQS for stormwater is expected to be
accomplished through  an  iterative  process of finding  and eliminating sources  and through the
implementation of best management practices (BMPs).
7.4 - Application of the TMDL To Unimpaired or Currently Unassessed Segments

This TMDL applies to the  pathogen  impaired segments of the Buzzards  Bay  watershed that are
currently listed on the  CWA  § 303(d) list of impaired waters. MassDEP recommends however, that the
information contained in this TMDL guide management activities for all other waters throughout the
watershed to help  maintain and  protect existing water quality.  For these non-impaired waters,
Massachusetts is proposing "pollution prevention TMDLs"  consistent with CWA § 303(d)(3).

The analyses conducted  for the pathogen-impaired segments  in this TMDL would apply to the non-
impaired segments, since the sources and their characteristics are equivalent.  The waste load and/or
load allocation for each source and designated use would  be the same as specified herein. Therefore,
the pollution prevention TMDLs would have identical waste load and  load allocations based on the
sources present and the designated use of the water body segment (see Table ES-1 and Table 7-1).

This Buzzards Bay watershed TMDL may, in appropriate circumstances, also apply to segments that
are listed  for pathogen impairment in  subsequent Massachusetts  CWA § 303(d) Integrated List of
Waters. For such segments, this TMDL may apply if, after listing the waters for pathogen impairment
and taking into account all relevant comments submitted on the CWA §  303(d) list, the Commonwealth
determines with  EPA approval of the CWA § 303(d) list that this TMDL should apply to future pathogen
impaired segments.
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7.5 - Margin of Safety

This section addresses the incorporation of a Margin of Safety (MOS) in the TMDL analysis. The MOS
accounts for any uncertainty or lack  of  knowledge concerning the relationship  between pollutant
loading and water quality. The MOS can either be implicit (i.e., incorporated into the TMDL analysis
through conservative  assumptions)  or explicit (i.e., expressed  in the  TMDL as  a  portion  of the
loadings). This TMDL uses  an implicit MOS,  through inclusion of several conservative assumptions.
First, the TMDL does not account for mixing in the receiving waters and assumes that zero dilution is
available. Realistically, influent water will  mix with the receiving  water and become diluted lowering
instream bacteria concentrations, provided that the receiving water concentration does not exceed the
TMDL  concentration.  Second, the  goal of attaining standards at the  point of discharge  does not
account for losses due to die-off and settling  of indicator bacteria that are known  to occur. Third, the
TMDL  assumes that  all the  runoff from impervious areas throughout the contributing watershed
actually makes  it to  the impaired  segment,  which is  generally not the case  especially  in  large
watersheds where impervious  surfaces  are not continually connected.

7.6 - Seasonal Variability

In addition to a Margin of Safety, TMDLs must also account for seasonal variability. Pathogen sources
to Buzzards Bay waters arise from a mixture of continuous and wet-weather driven sources, and there
may be no  single critical condition that is protective for all other conditions. This TMDL has set WLAs
and LAs for all known and suspected source categories equal to the Massachusetts WQS independent
of seasonal and climatic  conditions.  This will  ensure the attainment of water quality standards
regardless of seasonal and climatic conditions. Controls that are necessary will be in place throughout
the year, protecting water quality at all times. However, for discharges that do not affect shellfish beds,
intakes for  water supplies  and when primary contact recreation  is not taking place (i.e., during the
winter months) seasonal disinfection is permitted for NPDES  point source discharges if prior approval
is granted by MassDEP.
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8.0   Implementation Plan
Setting and  achieving TMDLs should be an iterative process with realistic goals over a reasonable
timeframe and adjusted as warranted based on ongoing monitoring. It is the Department's expectation
that existing regulatory programs should be used to the maximum extent feasible to address identified
sources. The concentrations set out in the TMDL represent reductions that will require substantial time
and financial commitment to be attained.  A comprehensive control strategy is needed to address the
numerous and diverse sources of pathogens in the Buzzards Bay watershed.

Elevated dry weather bacteria concentrations could be the result of illicit  sewer connections, leaking
sewer pipes, sanitary sewer overflows, or failing septic systems. These sources are illegal and must be
eliminated, so first priority overall should be given to bacteria source tracking  activities to investigate
potential  illicit  bacteria sources  in  segments impaired by bacteria during  dry  weather. Tracking and
remediation  of dry weather  bacteria  sources is usually more  straightforward and successful than
tracking and eliminating wet weather sources.   If illicit bacteria sources are found  and eliminated it
should result in a dramatic reduction of bacteria concentration in the segment in both dry  and wet
weather.  A  comprehensive  program  is needed to ensure  illicit sources are  identified  and that
appropriate actions will be taken to eliminate them. Guidance can be found in the following references:
A  Center for Watershed Protection Manual  entitled:  Illicit Discharge Detection and Elimination:  A
Guidance Manual for Program Development and Technical Assessments which can be downloaded
at::  http://www.cwp.org/Resource_Library/Controlling_Runoff_and_Discharges/idde.htm
Practical  guidance for municipalities is provided  in a New England Interstate Water Pollution Control
Commission publication  entitled Illicit Discharge Detection and  Elimination  Manual, A Handbook  for
Municipalities available at: http://www.neiwpcc.org/iddemanual.asp.

Storm water runoff represents another major source of pathogens in the Buzzards Bay watershed, and
the current level of control is inadequate for standards to be attained in many segments. Improving
storm water runoff quality is essential for restoring water quality and recreational uses.  It may not be
cost effective or even possible  to track  and identify all wet weather sources of bacteria, therefore
segments impaired during wet  weather should be evaluated for stormwater BMP implementation
opportunities starting with intensive application of less costly non-structural practices (such as street
sweeping, and/or  managerial strategies using local  regulatory  controls).  Periodic  monitoring  to
evaluate the success of these practices should be performed and, depending on the degree of success
of the non-structural stormwater BMPs, structural controls may need to be identified and implemented
to  meet water quality standards. Structural stormwater BMP implementation  may require additional
study to  identify cost efficient  and effective technology. This adaptive  management approach to
controlling stormwater  contamination  is the most  practical and  cost effective  strategy to reduce
pathogen loadings as well as loadings  of other storm water pollutants (e.g., nutrients and sediments)
contributing to use impairment in the Buzzards Bay Watershed.

For all the above noted  reasons, a basin-wide implementation strategy is recommended.  The strategy
includes a mandatory program for implementing storm water BMPs and eliminating illicit sources. The
"Mitigation Measures to  Address Pathogen  Pollution  in  Surface  Water: A  TMDL Implementation
Guidance Manual for Massachusetts" was developed to support implementation of pathogen TMDLs.
TMDL implementation-related tasks are  shown  in Table 8-1. Additionally the "Atlas  of Stormwater
Discharges in the Buzzards Bay Watershed" should be utilized to find and confirm suspect stormwater
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conveyance discharge outfall sites that are 'hotspots'. The MassDEP working with EPA and other team
partners  shall make  every  reasonable  effort  to  assure implementation of this  TMDL.   These
stakeholders  can provide valuable assistance  in  defining hot  spots  and sources  of pathogen
contamination as well as the implementation of mitigation or preventative measures.

Table 8-1. Tasks
Task
Writing TMDL
TMDL public meeting
Response to public comment
Organization, contacts with volunteer groups
Development of comprehensive storm water
management programs including identification and
implementation of BMPs
Illicit discharge detection and elimination
Leaking sewer pipes and sanitary sewer overflows
CSO management
Inspection and upgrade of on-site sewage disposal
systems as needed
Organize and implement; work with stakeholders and
local officials to identify remedial measures and
potential funding sources
Organize and implement education and outreach
program
Write grant and loan funding proposals
Inclusion of TMDL recommendations in Executive Office
of Environmental Affairs (EOEA) Watershed Action
Plan
Surface Water Monitoring
Bacteria Source Tracking
Provide periodic status reports on implementation of
remedial activities
Organization
MassDEP
MassDEP
MassDEP
MassDEP/CBB/BBP
Buzzards Bay Communities, MassHighway
Buzzards Bay Communities with CBB
Buzzards Bay Communities
City of New Bedford
Homeowners and Buzzards Bay Communities
(Boards of Health)
MassDEP, BBP and Buzzards Bay Communities
MassDEP, CBB and Buzzards Bay Communities
CBB, Buzzards Bay Communities and Planning
Agencies with guidance from MassDEP
EOEEA
MassDEP, CBB, BBP, CZM, DMF
MassDEP, Buzzards Bay Communities,
MassHighway
Buzzards Bay Communities
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8.1     Summary of Activities within the Buzzards Bay Watershed

There are two not-for-profit active stewards of the Buzzards Bay, the Coalition for Buzzards Bay (CBB)
and the Buzzards Bay Action Committee (BBAC). The CBB is a citizens group primarily focused on
education and outreach and the BBAC, consisting of  municipal officials, focusing on regulation and
legislation issues. These organizations, with assistance from the EPA and MACZM,  have developed
the  Buzzards Bay  Project National  Estuary Program where their mission  is "To protect and restore
water quality and  living resources in  Buzzards Bay  and  its surrounding watershed through the
implementation  of the Buzzards Bay Comprehensive Conservation and Management Plan" (CCMP;
available for download at http://www.buzzardsbay.org/ccmptoc.htmy      The CCMP  includes the
following action  plans:
   0   Managing Nitrogen-Sensitive Embayment's
   0   Protecting and Enhancing Shellfish Resources
   0   Controlling Stormwater Runoff
   0   Managing Sanitary Wastes from Boats
   0   Managing On-Site Systems
   0   Preventing Oil Pollution
   0   Protecting Wetlands  and Coastal Habitat
   0   Planning for a Shifting Shoreline
   0   Managing Sewage Treatment Facilities
   0   Reducing Toxic Pollution
   0   Managing Dredging and Dredged Material Disposal

The first effort  in controlling storm  water runoff featured a storm water mapping task.  This  effort
resulted  in  the  publication  of the   "Atlas  of Stormwater  Discharges  in  the  Buzzards  Bay
Watershed"( relevant maps are  provided in Appendix A).  Storm water mapping is continuing in areas
not  included in  the  original effort.   Data collected  during  the mapping process is  used to set
remediation  implementation priorities  within  the  watershed.    The  BBAC  works  closely  with
municipalities in an effort to  improve conditions within the Bay.  A list of on-going and past projects is
provided on the following web-site http://www.buzzardsbay.org/.

In addition,  the  DEP  and EPA  have sponsored various program (MWI, 319, 104(b)(3) grant projects
related to controlling bacteria throughout the basin over the past decade. A brief summary of some of
these projects follows and can  be used as  a guide for developing  implementation approaches in the
future.

Watershed Initiative Grants program: MWI Project 01-02, Westport River NPS Assessment Project"- a
$49,500  project assessing land-   use,  mapping  NPS sources  of  pollution  (including  bacteria),
conducting a Stormwater pollution assessment at Head of Westport area, and recommending BMP's
for NPS pollution remediation;

319  Nonpoint  Source Grant  program: (1)  Project 97-07- "Protecting Nitrogen  Sensitive Coastal
Embayment's Through Land Conservation"- a $72,500  project to develop tools for controlling nitrogen
(and would relate to control of bacteria as well) inputs from increased development, by using BMP's on
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fertilizer use, manure management, septic system maintenance, vegetative  buffers in the Slocum's
River and Onset  Bay sub- watersheds;  (2) Project 99-01, " Alternative Septic System Test Center
Project Monitoring"-  a  $188,000 project to monitor  pollutant  removal  by 21 different waste water
treatment systems at the alternative septic system test center, Mass. Military Reservation, which will
speed approval  of effective technologies having advanced  contamination  removal  (nitrogen  and
bacteria), and result in wide dissemination  and use  by the  public;  (3)  Project 00-02,  continue  "
Alternative  Septic System Test Center Project Monitoring"- $190,500,  to  continue the work of 319
project 99-01 outlined above; (4)  Project 00-03, "Development of a Rapid Field Test for Quality of
Stone Aggregate in Onsite Septic  Systems"- a $28,500 project to improve  soil absorption  portions of
leaching systems of on-site septic systems;  (5) Project  00-05, "Atlas  of Stormwater  Discharges in
Buzzards Bay Watershed"- a $41,000 project, often quoted and referred to throughout this report; (6)
Project 00-09, "Onset Bay, Wareham MA, Nonpoint Source Pollution Remediation Project"- a $218,000
project to upgrade seasonally closed shellfish areas in Onset Bay (northern portion particularly) by
installing 4 subsurface infiltration  "first flush" BMP's (with deep sumps,  hoods,  pipes to infiltration
chambers)  and  conducting pre and post construction monitoring; (7) Project 01-07, "Wareham NPS
Remediation  Program:  East River, Broad Cove, Muddy Cove"- a $455,000  project, to continue the
work  of Project 00-09 above,  to  install stormwater BMP's  (deep sump catch basins, infiltration
chambers,  stormtreat systems,  etc) at  7  outlets  in (upstream) Onset Village,  with  pre  and post
construction monitoring; (8)  Project 02-06, "Head of Westport Stormwater Project"- a $444,000 project
to improve water quality in the East Branch of the Westport River by reducing NPS pollution at Head of
River by construction of a sediment forebay for pretreatment of stormwater runoff before discharge into
2 detention basins, before discharge into a constructed wetlands, with an attendant O & M program.

104(b)(3) Water Quality Grant program: (1) Project 01/104, "Acushnet River TMDL Data Collection"- a
$30,000 project to quantify Acushnet River Discharge  nitrogen and bacteria loading from the upper
watershed river discharge to New Bedford Inner Harbor Area, to provide data for water quality models
to help  EPA and DEP to develop appropriate TMDL  management approaches for restoring water
quality in the Acushnet River Estuary System.

The  Massachusetts  Office of Coastal Zone  Management's (CZM)  Buzzards Bay National Estuary
Program (NEP) announced in mid- July, 2007,  over  $98,000 in grants to  assist  the 5 South Coast-
Cape Cod  communities in  their efforts to protect and restore Buzzards  Bay. The grants will help
municipalities test, map and treat stormwater discharges; protect and restore wetlands and habitat; and
safeguard open space. The communities with their projects include:

Rochester  - $25,000 for the Church  Family Property Land  Preservation   Project,  which will
permanently protect  a 20.8-acre parcel of land  on Marion Road (Route  105), a designated Scenic
Highway. The town will partner with the non-profit Rochester Land Trust to acquire the property at the
bargain price of $100,000. The land trust will hold title to the property, which will be open to the public.
Located within the Sippican River watershed, the area includes dense  mature pine  and oak forests,
wetlands, and significant wildlife  habitat, and is close to other permanently protected properties.

Bourne - $16,000 for the Head of the  Bay Stormwater Pollution Identification project, a collaborative
effort between the towns of Bourne, Wareham, and Marion to conduct detailed water quality sampling
of 20 high  priority  stormwater  discharges. With a  goal  of reopening closed shellfish beds, data
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collected from this project will be used to prioritize these discharges, in order to target funds for future
remediation. The three towns have partnered with The Coalition for Buzzards Bay, which will serve as
the principal contractor, providing all project management, field sampling, analysis lab coordination,
data compilation, and final presentation.

The  town of Bourne will also receive  $15,305  for the  second phase of a Culvert  Replacement
Feasibility study for Conservation Pond  along the shores  of Hen Cove. This project is evaluating the
feasibility of installing a larger culvert under Circuit Avenue at Conservation Pond. Phase one of the
project was  funded by the NEP through a $17,000  mini-grant in January. The tidal pond currently
connects to  Hen Cove via an  18-inch wide, 50-foot long corrugated steel culvert. The culvert's small
size, elevation, and regular blockage severely restrict tidal flow to the pond.

New Bedford - The City of New Bedford Department of Public Works Waste Water Division has been
addressing CSOs since 1989  (City of New Bedford 2005).  There are currently  27 CSO outfalls (as
opposed to formerly 41 in  1989) discharging into Clarks Cove, New Bedford Harbor and Buzzards Bay
(Shepherd 2008). As a result of their efforts, two  shellfish  beds, which have  been closed for 30 years,
have been reopened (City of New Bedford 2005).  Work toward mitigating CSO impacts is ongoing and
part of the City of New Bedford's long term CSO  control plan  (New Bedford  CSO Facilities Plan). The
City was awarded $ 22 million in FY  '07 SRF funds for implementing these long- term controls and is
on the 2009 state intended use plan for $19.3 million of SRF funds to reduce CSO by  removing major
grit blockages within the system.

The City also received a $20,000 grant from CZM to continue mapping stormwater drainage networks
as part of an update of the city's GIS data of stormwater and  sewer systems. The NEP awarded New
Bedford $10,000 in January to initiate this project, which involves field work and computer mapping
performed by UMass/Dartmouth engineering interns.

Marion  - Received $22,000 for the  Washburn Park Wetland Restoration and Creation project. The
municipality  seeks  to remove fill from a  wetland  and  create additional wetlands on a  property that is
being purchased by the town for permanent conservation.  The grant will also help fund two appraisals
required by the state Division of Conservation Services' Self-Help Grant Program. The town intends to
apply for Self-Help funds to assist in the acquisition and protection of the property. The non-profit
Sippican Lands Trust has partnered with the town  and will  hold title to the  property until  the town
completes the transfer.

Mattapoisett - has received  in-kind  support from the NEP to  map stormwater drainage systems in
some new subdivisions not mapped in previous stormwater system mapping efforts. Due to its limited
nature, the NEP agreed to undertake  the proposed work at no  cost to the town.
MassDEP can  also  assist towns and  local groups  in identifying  bacterial sources. In 2004  the
MassDEP/DWM purchased an IDEXX system for in-house bacteria analyses and developed a protocol
for  conducting  bacteria source tracking surveys.  A pilot bacteria source tracking study in  the
Blackstone and Sudbury River watersheds was  conducted by the DWM to test the protocol and
develop "low-tech" methodologies to differentiate between human and non-human sources of bacteria.
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A  report on this study can  be accessed  at  http://www.mass.gov/dep/water/priorities/bact2004.pdf.
Bacteria source tracking surveys are now being conducted as part the  duties of the regional DWM
monitoring coordinators in the MassDEP southeast region.  These surveys focus mostly on detecting
dry weather bacteria inputs.  When illicit sources are found, the MassDEP Southeast regional Office
(SERO) notifies the community and/or responsible party and works with them to implement repairs.

In  summary although work is underway much more needs to be done to obtain the goal of achieving
designated uses  in the Buzzards Bay Watershed. Data supporting this TMDL indicate that indicator
bacteria enter the Buzzards Bay from a number of contributing sources, under a variety of conditions.
Activities that are currently ongoing and/or planned to ensure that the  TMDL can  be  implemented
include  and are  summarized in the following subsections.  The "Mitigation Measures to Address
Pathogen Pollution in Surface Water: A  TMDL Implementation Guidance Manual for Massachusetts"
provides additional details on  the implementation of pathogen control measures summarized below as
well as additional measures not provided herein, such as by-law, ordinances and public outreach and
education.

        8.2     Agricultural Runoff-Animal Feeding Operations and Grazing
Animal feeding operations  and barnyards can produce significant volumes of manure with high fecal
loads. To reduce the impacts of animal feeding operations, EPA recommends addressing the following
eight issues (USEPA 2003).
    1.  Divert clean  water  - divert clean water (run-off from uplands, water from  roofs)  from  contact
       with feedlots and holding pens, animal manure, or manure storage systems.
    2.  Prevent seepage.
    3.  Provide adequate storage.
    4.  Apply manure in accordance with a nutrient management plan that meets the  performance
       expectations of the  nutrient management measure.
    5.  Address lands  receiving  wastes. Areas receiving manure should be managed in accordance
       with the  erosion and sediment  control, irrigation,  and grazing  management measures  as
       applicable.
    6.  Recordkeeping.  Operators should keep records that indicate  the quantity of manure produced
       and its utilization or disposal method, including land application.
    7.  Mortality management. Dead animals  should be  managed in a way that does not adversely
       affect ground or surface waters.
    8.  Consider the full range of environmental constraints and requirements. When siting a new or
       expanding facility, consideration should  be given  to the proximity of the facility to (a)  surface
       waters; (b) areas of high leaching potential; (c) areas of shallow groundwater;  and (d) sink
       holes or other sensitive areas.

Grazing best management practices can reduce erosion,  the concentrations of bacteria in runoff from
grazing  areas, and the direct deposition of fecal matter into water bodies.  The  following  grazing
management practices may be implemented at agricultural sites as part of the overall implementation
strategy to reduce pathogen discharges to receiving waters.
    D   Exclude livestock from surface water bodies, and sensitive shoreline and riparian zones,
    D   Provide bridges  or culverts for stream crossings,
    D   Provide alternative drinking water locations,
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   0  Locate salt, feeding areas, and additional shade away from sensitive areas, and
   []  Use improved grazing management to reduce erosion and overgrazing.

Additional details  and a list of useful resources  regarding animal feeding operations and grazing
management is provided in the "Mitigation Measures to Address Pathogen Pollution in Surface Water:
A TMDL Implementation Guidance Manual for Massachusetts".

8.3  Illicit Sewer Connections, Failing Infrastructure and CSOs
Elimination of illicit  sewer  connections,  repairing failing  infrastructure, and controlling  impacts
associated with CSOs are  of extreme importance. As previously  noted, The City of New Bedford
Department of Public Works Waste Water Division has been  addressing CSOs since 1989 (City of
New Bedford 2005). In 1990, the New Bedford CSO Facilities Plan was completed, with a projected
total  cost of $191 million for full implementation. Work on the plan has ensued since that time.  There
are currently 27 CSO outfalls (as  opposed to formerly 41  in 1989) discharging into Clarks Cove, New
Bedford Harbor and Buzzards Bay (Shepherd 2008). As a result of their efforts, two shellfish beds,
which have been closed for 30 years, have been reopened (City of  New Bedford 2005).  Work toward
mitigating CSO impacts is ongoing and part of the City of New Bedford's long term CSO control plan
(New Bedford CSO Facilities Plan).

EPA's Phase II rule specifies an MS4 community must develop, implement, and enforce a storm water
management program that is designed to reduce the discharge of  pollutants to the maximum  extent
practicable, protect water quality, and satisfy the applicable water  quality requirements of the  Clean
Water Act. Illicit discharge detection  and  elimination (IDDE) is  one of the six minimum  control
measures that must be included in the storm water management program. The other control measures
are:
• Public education and outreach on storm water impacts
• Public involvement and participation
• Construction site storm water runoff control
• Post-construction storm water management in new development and redevelopment
• Pollution prevention and good housekeeping for municipal operations

As part of their applications for Phase II permit coverage, MS4 communities must identify the best
management practices they will use to  comply with each of these six minimum control measures and
the measurable goals they have set for each measure.

In general, a comprehensive IDDE Program must contain the following four elements:

       1) Develop (if not already completed) a storm sewer system map showing the location of all
       outfalls, and the names and location of all waters  of the United States that receive discharges
       from those outfalls.

       2) Develop and promulgate municipal regulations that  require the  municipality to  comply with
       Phase II  regulations including  prohibition  of  illicit discharges and appropriate enforcement
       mechanisms.
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       3)  Develop and implement a  plan to detect and  address illicit discharges,  including  illegal
       dumping,  to  the  system.    EPA  recommends  that  the  plan  include  the following four
       components:  locating priority areas;  tracing the source of an illicit discharge; removing the
       source of an illicit discharge; and program evaluation and assessment.

       4)  Inform public employees, businesses, and the general  public of hazards associated with
       illegal discharges and improper disposal of waste. IDDE outreach can be integrated into the
       broader stormwater outreach program for the community.  Fulfilling the outreach requirement
       for IDDE helps the MS4 community to comply with this mandatory element of the stormwater
       program.

Communities that are not covered under the  Phase II rule (i.e., not designated as MS4 communities)
are encouraged to implement a program for detecting and  eliminating sewage  discharges to  storm
sewer systems including illicit sewer connections. Implementation of the Phase II rule (USEPA 2000),
whether voluntarily or mandated will help communities achieve bacteria TMDLs.

Guidance for implementing an illicit discharge detection and elimination program is available from
several documents. EPA New England developed a specific plan for the Lower Charles River to
identify and eliminate  illicit discharges (both dry and wet weather) to their separate storm sewer
systems (USEPA 2004b). Although originally prepared for the Charles River watershed it may be
applicable to other watersheds throughout the Commonwealth, however it represents just one of the
approved methodologies available.  More generic guidance is provided in a document prepared for
EPA by the Center for Watershed Protection and the University of Alabama entitled Illicit Discharge
Detection and Elimination: A Guidance Manual for Program Development and Technical Assessments
which can be downloaded from:
http://www.cwp.org/Resource_Library/Controlling_Runoff_and_Discharges/idde.htm

In  addition,  practical  guidance for  municipalities is provided in a  New  England Interstate  Water
Pollution Control Commission publication entitled Illicit Discharge Detection and Elimination Manual, A
Handbook for Municipalities  available at: http://www.neiwpcc.org/iddemanual.asp.  Implementation of
the protocol  outlined  in these guidance  documents  satisfies the  Illicit  Discharge  Detection and
Elimination requirement of the NPDES program.

A list of the municipalities in Massachusetts regulated by the Phase II Rule, as well as the Notices
of      Intent       for       each       municipality      can      be      viewed       at
http://www.epa.gov/region01/npdes/stormwater/ma.html.

8.4  Storm Water Runoff
It is MassDEP's  expectation that bacteria source identification and elimination will be conducted
through existing  regulatory programs such as EPA Phase I and Phase II  stormwater programs and
new regulatory programs that are currently being considered summarized in this section.

As previously noted MassDEP realizes given the vast potential number of bacteria sources and the
difficulty of identifying and removing them from some sources such as stormwater require an iterative
process and will take some time to accomplish. While the stated goal in the TMDL is to meet the water
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quality standard at the point of discharge it also attempts to be clear that MassDEP's expectation is
that for stormwater an iterative approach is needed that includes  prioritization of outfalls  and the
application  of BMPs  should  be  used to  achieve water quality standards. MassDEP believes this is
approach is consistent with  current EPA guidance and regulations as stated in a November 22, 2002
EPA memo from Robert Wayland (see Attachment C)

In general, storm water runoff can be categorized in two forms; 1) point source discharges and 2) non-
point  source  discharges  (includes sheet flow or direct runoff).   Many point source  storm  water
discharges  are regulated under  the  NPDES  Phase  I  and  Phase II  permitting programs  when
discharged  to a Waters of the United States.  Municipalities that operate regulated municipal separate
storm sewer systems (MS4s) must develop and implement a storm water management plan (SWMP),
which must employ and set measurable goals for the following six minimum control measures:
       1.   public education  and outreach particularly on the proper disposal of pet waste,
       2.   public participation/involvement,
       3.   illicit discharge detection and elimination,
       4.   construction site  runoff control,
       5.   post construction runoff control, and
       6.   pollution prevention/good housekeeping.

Portions of towns in this watershed are classified as Urban Areas by the United States Census Bureau
and are subject to the Stormwater  Phase II Final Rule.   This  rule requires the  development and
implementation of an  illicit discharge detection and elimination plan.

The BBAC created a  web page to help municipalities with obtaining their Phase II permits.  Partly due
to their efforts, 95% of the municipalities submitted their permit applications within the required time
limit (all municipalities have submitted their permit application at this point)

The  NPDES permit does  not,  however, establish  numeric effluent  limitations  for  storm  water
discharges.  Maximum extent practicable (MEP) is the statutory standard that establishes the level of
pollutant reductions that  regulated municipalities must achieve.   The MEP standard is a narrative
effluent limitation that is satisfied through implementation of SWMPs and achievement of measurable
goals.

Non-point source discharges are generally characterized as sheet flow runoff and are not categorically
regulated under the NPDES program and can  be difficult to manage.   However, some of the same
principles for mitigating point source impacts  may be applicable. Individual municipalities not regulated
under the Phase I  or II should implement the exact same six minimum control measures  minimizing
storm water contamination.
In  addition to the Phase I and II  programs  described above  the Massachusetts  Department of
Environmental Protection's  proposed  new    "Stormwater   Management  Regulations,"  that would
establish a  statewide general  permit program aimed at controlling the discharge of stormwater runoff
from certain privately-owned sites containing large impervious surfaces.
The proposed regulations would  require private owners of land containing five or more acres of
impervious surfaces to apply for and obtain coverage under a general permit; implement nonstructural
best management practices  (BMPs) for managing stormwater; install low impact development (LID)
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techniques and structural stormwater BMPs at sites undergoing development or redevelopment; and
submit annual compliance certifications to the Department. Any new construction will have to comply
with state stormwater standards and permits and with the antidegradation requirements of the state
water quality standards.

A review of the various communities' SWMP's progress to date includes the following:

Westport- Has produced  educational materials  for distribution in  the community to citizens. The
Highway Department and the Board of Health have embarked on a program to identify and  map all
significant discharges and  flows. The town will  embark  on changing by-laws  on  controlling illicit
discharges, if necessary.

Dartmouth-  The public education program consists of mainly involving the  Middle School in a storm
drain  stenciling contest type project, with coordination through the Buzzards Bay  Coalition. The town
turned down funding to continue mapping storm drains and finding  illicit  connections.  Rather, the
solution of having high school students do this was proposed. Also, a  partnership with the Lloyd Center
for Environmental Studies  and U Mass is  being  considered to find illicit  detections,  mainly through
water quality testing and stream flow monitoring. Geese in Apponagansett Bay have been identified as
a bacteria source, and  discussions are underway on how to remove them.  Streets and catch basins
are cleaned annually. The town got a grant to  purchase a vacuum truck/ Vortechnic unit for servicing
storm drains.

New Bedford- Public education fact sheets have been prepared, and mailed out in several batches to
citizens in their utility bills. Regular tours to the New Bedford P.O.T.W. are conducted for interested
citizens. The high school vocational/ technical students have stenciled 1,000 catch basins. The City
has mapped all known  illicit connection locations,  and major discharge outfall points. It has had CSO
crews, pump station personnel, plus the shellfish warden investigating all significant dry weather flows
with sampling and dye testing. They have identified a total of 250 illicit connections, and have corrected
them. A city ordinance has been developed to disallow all illegal connections to the stormwater system.

Acushnet- An educational outreach flyer on stormwater controls has been developed and mailed out
to citizens in their tax bills.  Maps of the Town's stormwater infrastructure have been  developed and
posted in the Town hall meeting room. A Stormwater Planning Committee was formed and activated in
2004.  Its emphasis  was   determined  to  be  erosion/sediment  controls and  illicit   connection
detection/removal. An inventory  (on maps and GIS) was completed on every discharge pipe from a
stormwater conveyance, with the help of  the Buzzards Bay Protection,  and  Buzzards Bay Action
Committees. The Board of Health, through enforcement actions, discovered and fixed 14 illegal  tie-ins.

Rochester-  Educational flyers have  been created, and are available at  the  Highway Department
Offices. There  is an active  Stormwater Management Committee, which invites all  interested residents
to an  annual meeting. Large format stormwater drainage and principal outfall maps are available (and
are all on GPS)  at the highway  barn. A complaint  log is maintained at the Board of Health  offices.
Priority  stenciling of at least 10  storm drains per year occurs. Suspect  illicit  connections are also
located  on the stormwater drainage/ outfall maps. A number of illicit  connections have been detected
and fixed. The Town has developed adequate authority to properly regulate illicit discharges.
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Marion- The current DPW Director has reorganized the Stormwater Management Committee of the
Town, including the plan of holding quarterly action review meetings involving  key personnel/citizens
interested in stormwater related efforts. An annual meeting will be held to review all progress to date,
and lay the foundation for the next year's planned activities.  Significant funding was appropriated by
the Town in late 2004 to fund a stormwater management program.  Educational flyers were  prepared
on the subject, and mailed out to all addresses in June, 2005. The harbor master is responsible for an
extensive storm drain stenciling project throughout Town. Storm drain and conveyance mapping has
been conducted (maps are on display in town hall), and a number of illicit connections found and fixed.
During the winter of 2005-6, the  Board  of Health will be conducting training for all relevant town
personnel on stormwater management issues.

Mattapoisett- Comprehensive public education program began in 2003, particularly after the  large off-
shore oil spill from a tanker occurred. Informational water cycle and water quality posters were created
and distributed. Maps have been  created of all stormwater outfalls within the urbanized  areas, and
suspected illicit connections have been located on the maps. Failing septic systems are defined by the
Town as part of this problem. Records of pump outs and problems are now kept at the Board  of Health
office. Sewer lines are being installed in problem (septic system) areas of the Town.

Plymouth- The Town appears to  have an active SWP program. Public education includes  flyers for
distribution, programs on the local  cable channel, and storm water drain stenciling. The Town has an
active conservation officer in the SWPP, and has an active citizen stormwater committee, as well as an
active volunteer monitoring group for ponds/lakes. The Town engineer, Board of Health,  Planning
Board, Conservation Officer have developed an illicit detection and elimination program, and they have
developed draft and final by- laws, to be finalized by the Town by June '06. The Town  has annual
street sweeping/ catch  basin cleaning, and has an annual day of training for all DPW personnel on
SWPP concepts each year.

Wareham- The Town has made substantial investments of millions of dollars to  sewer much of the
Onset and Independence  Point areas. Additionally, progress has been made with fixing, or eliminating
failing septic systems throughout  Town. Also, remediation  of stormwater discharge  problems has
occurred, including eliminating illicit connections in several parts of Town.

Bourne: With public education, the town has established a stormwater task force advisory committee.
This  committee meets monthly to provide outreach, work on developing a  Phase II by-law, developing
a management plan, producing an annual stormwater newsletter that goes out to  all residences, and
producing programs for the local cable TV station. The Board of Health produces a video program in all
3rd grade  classes each year. The task force meets with the Superintendent of the DPW twice yearly on
stormwater control  progress. It also meets regularly with the Cape Cod  Planning Commission, as part
of an inter- group  of Cape Cod communities working  on stormwater ('Project Storm'), and on  low
impact development applications in town. It also works with the Coalition for Buzzards Bay.  The task
force has set up a hotline for residents to file complaints. The  town  was part of the  Buzzards Bay
Stormwater Outfall Mapping Project in the northern estuary  area, and is using that data to identify
potential  problems. The  local Board of Health regularly samples the  beaches. With  IDDE,  The
Buzzards Bay Outfall Mapping Project has been utilized in the Northern part of town, and AmeriCorps
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Inc. has funded storm drain mapping in areas not covered by this project. Two CPR grants have been
received to alleviate problems in Squeteague Harbor (Buzzards Bay) and  Conservation Pond/ Hen's
Cove areas. The DPW has begun a program to inventory dry weather flowing outfalls, and sample
them for problems. It has displayed stormwater control posters all over town. With housekeeping, the
DPW cleaned 479 catch basins in 2005, removing 900  tons of debris.  Street sweeping  has  been
performed annually on all roads.

Falmouth: The entire stormwater control effort has been hampered because of a personnel  shortages
and funding  difficulties in town. The public education and outreach efforts have not yet commenced.
Maps of the  stormwater  infrastructure drainage systems have progressed with GPS, and are on GIS.
The  '06 report says that illicit connection  detection has commenced, but no details of corrections are
evident. Housekeeping (street sweeping and catch basin cleaning) are undefined in the report.

It should be  emphasized that in the  process  of reviewing various communities SWMP's and SWMP
Annual Plans (summarized above), there  is no mention of The  "Atlas of Stormwater Discharges in the
Buzzards Bay Watershed". This document is referenced throughout this report because of its potential
significance  in controlling pathogen related sources of pollution. Many parts of the coastal- estuary
areas have  been mapped,  locating  stormwater  conveyances,  catch basins, and discharge outfalls
going directly into estuaries/ embayment's, or tributaries  that directly flow into these areas. Outfalls
have been ranked low, medium, high in priority for remediation. Communities, in concert with various
concerned organizations need to conduct a full- scale bacteria monitoring program to assess hotspot
problems,  and then find/ remediate the sources.  This would be an important part of carrying out the
required activities, by affected Towns, under the Phase II Stormwater Program, plus it would open the
door for the possibility of re-opening more of the currently closed or restricted shellfish areas.

In addition to the above, the Massachusetts Department of Environmental Protection's proposed new
"Stormwater Management Regulations," that would establish a statewide general permit program
aimed at controlling the discharge of stormwater runoff from certain privately-owned sites containing
large impervious surfaces.

The proposed regulations would require private owners of land containing five or more acres  of
impervious surfaces to apply for and obtain coverage under a general permit; implement nonstructural
best management practices (BMPs) for  managing stormwater; install low impact development (LID)
techniques and structural stormwater BMPs at sites undergoing development or redevelopment; and
submit annual compliance certifications  to the Department.
8.5 Failing Septic Systems
There is only a relatively small portion of the Buzzards Bay basin serviced by municipal sanitary sewer
systems, with a concentration in  eastern Dartmouth, all of New Bedford,  the extreme eastern and
southern Fairhaven, Mattapoisett Harbor, Wareham River and immediate surroundings, Marion Harbor
and a very small portion of Onset Bay. The rest of the area of the Buzzards  Bay basin (80%, or more)
relies on on-site waste water systems such as septic systems.  Septic system bacteria contributions to
the Buzzards  Bay watershed may be reduced in the future through  septic system  maintenance and/or
replacement.  Additionally, the implementation of Title 5, which requires inspection of private sewage
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disposal systems before property ownership may be transferred, building expansions, or changes in
use of properties, will aid  in the discovery of poorly operating or failing systems. Because systems
which fail must be repaired or upgraded, it is expected that the bacteria load from septic systems will
be significantly  reduced in the future.   Regulatory and educational materials for septic system
installation, maintenance and alternative technologies are provided by the MassDEP on the worldwide
web at http://www.mass.aov/dep/brp/wwm/t5pubs.htm.
8.6Wastewater Treatment Plants
WWTP discharges are regulated under the NPDES program when the effluent is released to surface
waters.  Each WWTP has an effluent limit included  in its NPDES or groundwater permit.  Some
NPDES       permits       are       listed       on       the       following       website:
www.epa.gov/region1/npdes/permits_listing_ma.html.   Groundwater  permits  are   available   at
http://www.mass.gov/dep/brp/gw/gwhome.htm.

8.7 Recreational Waters Use Management
Recreational waters receive  pathogen inputs from swimmers  and boats.   To reduce swimmers'
contribution to pathogen impairment, shower facilities can be made available,  and bathers should be
encouraged to shower prior  to swimming.  In addition, parents  should check and change young
children's diapers when they are dirty. Options for controlling  pathogen contamination from boats
include:
             D   petitioning the State for the designation of a No Discharge Area (NDA),
             D   supporting installation of pump-out facilities for boat sewage,
             D   educating  boat  owners on the  proper operation and  maintenance  of  marine
                 sanitation devices (MSDs), and
             D   encouraging  marina owners to provide clean  and safe onshore restrooms and
                 pump-out facilities.

The entire Buzzards  Bay has  already been established as a no discharge area (NDA).  This area was
designated by the Commonwealth of Massachusetts and approved by the EPA to provide protection by
Federal Law prohibiting the release of raw or treated sewage from vessels into  navigable waters of the
U.S.   The law  is  enforced by the  Massachusetts Environmental  Police.  The  MACZM and
Massachusetts Environmental Law Enforcement are actively  pursuing an  amendment to State
regulations allowing for the institution of fines up to $2000 for violations within a  NDA (USEPA 2004a).

8.8 Funding/Community Resources
A complete list of funding sources for implementation of non-point source pollution is provided  in
Section VII of the Massachusetts Nonpoint Source  Management  Plan Volume  I (MassDEP  2000b)
available  on  line at  http://www.mass.gov/dep/brp/wm/nonpoint.htm.   This  list  includes  specific
programs available for non-point source  management and resources  available for communities  to
manage local  growth and development. The State Revolving Fund (SRF) provides low interest loans
to communities for certain  capital costs associated with building or improving wastewater treatment
facilities.  In addition, many communities in Massachusetts sponsor  low cost loans through the SRF for
homeowners to repair or upgrade failing septic systems. State monies are also available through the
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Massachusetts Office of coastal  Management's Coastal Pollutant Remediation, Coastal  Nonpoint
Source Pollution Control and Coastal Monitoring grant programs.
8.9 Mitigation Measures to Address Pathogen  Pollution in Surface Water: A TMDL
   Implementation Guidance Manual for Massachusetts

For a  more  complete discussion on ways to  mitigate pathogen water pollution, see the "Mitigation
Measures to Address Pathogen Pollution in Surface Water: A TMDL Implementation Guidance Manual
for Massachusetts" accompanying this document.
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9.0    Monitoring Plan
The long term monitoring plan for the Buzzards Bay watershed includes several components:
       1.  continue with the current monitoring of the Buzzards Bay watershed (CBB, DMF and other
          stakeholders),
       2.  Communities and other entities that discharge stormwater should use The "Atlas of
          Stormwater Discharges in the Buzzards Bay Watershed", to identify medium and high
          priority stormwater discharge outfalls and use this information for formulating a bacteria
          sampling and prioritization plan to help guide remediation efforts.,
       3.  continue with MassDEP watershed five-year cycle monitoring,
       4.  monitor areas within the watershed where  data are lacking or absent to determine if the
          waterbody meets the use criteria,
       5.  monitor areas  where  BMPs and other  control  strategies have  been implemented, or
          discharges  have been removed, to  assess  the  effectiveness  of  the  modification or
          elimination,
       6.  assemble data collected by each monitoring entity to formulate a concise report where the
          basin is assessed as a whole and an  evaluation of BMPs can be made, and
       7.  add/remove/modify BMPs as needed based on monitoring results.

The monitoring plan is an ever changing approach that  requires flexibility to add, change or delete
sampling locations, sampling frequency,  methods and analysis. At the minimum, all monitoring should
be conducted with  a focus on:
          D  capturing water quality conditions under varied weather conditions,
          D  establishing sampling locations in an effort to pin-point sources,
          D  researching new and proven technologies for separating human from  animal bacteria
             sources, and
          D  assessing efficacy of BMPs.
10.0  Reasonable Assurances
Reasonable assurances that the TMDL will  be implemented include both application  and
enforcement of current regulations, availability of financial incentives including low or no-interest
loans to communities for wastewater treatment facilities through the State Revolving Fund (SRF),
and the various local, state and federal programs for pollution control. Storm water NPDES permit
coverage is designed to address discharges from municipal owned storm water drainage systems.
Enforcement of regulations controlling  non-point  discharges includes local enforcement of the
state Wetlands  Protection Act and Rivers Protection Act; Title 5 regulations for septic systems and
various local regulations including zoning regulations. Financial incentives include Federal monies
available under the  CWA  Section  319  NPS program  and the CWA Section 604  and  104b
programs, which  are provided as  part  of the Performance Partnership  Agreement  between
MassDEP and the EPA. Additional financial incentives  include state income tax credits for Title 5
upgrades, and  low interest  loans for  Title 5  septic  system  upgrades through  municipalities
participating in this portion of the state revolving fund program.
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A brief summary of many of DEP's tools and regulatory programs to address common bacterial
sources is presented below.

10.1 Overarching Tools:

Massachusetts Clean Water Act: The MA Clean Water Act (M.G.L. Chapter 21, sections 26-53)
provides MassDEP with specific and broad authority to develop regulations to address both point
and  non-point sources of  pollution.  There  are numerous regulatory and  financial  programs,
including those identified in the preceding paragraph, that  have been established  to directly and
indirectly address  pathogen  impairments throughout  the state.  Several of them  are briefly
described   below.  The  MA  Clean  Water   Act  can   be   found  at  the  following  URL.
http://www. mass. gov/legis/laws/mgl/gl-21 -toe. htm

Surface Water Quality Standards (314 CMR 4.0): The MA Water Quality Standards (WQS) assign
designated uses and establish water quality criteria to meet those uses.  Water body classifications
(Class A,  B, and C, for freshwater and SA, SB, and SC  for  marine waters) are  established to
protect  each  class of designated uses.  In addition, bacteria  criteria  are established for each
individual  classification.    The  MA Surface  Water  Quality Standards  can  be  found  at
http://www.mass.gov/dep/brp/wm/wqstds.htm

Ground Water Quality Standards  (314  CMR  6.0): These standards consist of groundwater
classifications, which  designate  and  assign  the uses for various   groundwaters of  the
Commonwealth that must be maintained and protected. Like the surface water quality standards
the groundwater standards provide specific ground water quality criteria necessary to sustain the
designated uses and/or maintain existing groundwater quality. The MA  Ground  Water Quality
Standards can be found at http://www.mass.gov/dep/brp/gw/gwregs.htm

River Protection Act: In 1996 MA passed the Rivers  Protection Act. The purposes of the Act were
to protect the private or public water supply; to protect the ground water; to provide flood control;
to  prevent storm damage;  to prevent pollution; to  protect land containing  shellfish;  to protect
wildlife habitat; and to protect the fisheries. The provisions of the Act are implemented through the
Wetlands  Protection  Regulations, which establish  up to  a 200-foot setback from rivers in  the
Commonwealth to control construction activity and protect  the items listed above.  Although this
Act does not directly reduce pathogen discharges it indirectly controls many sources of pathogens
close to water bodies.  More information on the  Rivers Protection Act can be  found on DEPs web
site at http://www.mass.gov/dep/brp/ww/files/riveract.htm.
10.2 Additional Tools to Address Combined Sewer Overflows (CSO's)

CSO Program/Policy: Massachusetts, in concert with EPA Region 1, have established a detailed
CSO abatement program  and policy. CSO discharges  are regulated  by  the Commonwealth in
several ways. Like any discharge of pollutants, CSOs must have an NPDES/MA  Surface Water
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Discharge Permit under federal and state regulations.  Municipalities and districts seeking funding for
wastewater treatment, including CSO abatement, must comply with the facilities planning process at
310 CMR 41.00.  Entities obtaining funding or exceeding specific thresholds must also comply with
the Massachusetts Environmental Policy Act (MEPA) regulations at 301 CMR 11.00. Each of these
regulations contain substantive and procedural requirements.  Because  both  MEPA and facilities
planning require the evaluation of alternatives, these processes are routinely coordinated.

All permits for a CSO discharge must comply with Massachusetts Surface Water Quality Standards
at 314 CMR 4.00.  The water quality standards establish goals for waters of the Commonwealth, and
provide the  basis for water quality-based  effluent limitations in  NPDES  permits.  Any discharge,
including CSO discharges, is allowed only if it meets the criteria and the antidegradation standard for
the receiving segment. EPA's 1994 CSO Control Policy revised some features of its 1989 version to
provide greater flexibility by  allowing a minimal number of overflows, which are compatible with  the
water  quality goals  of  the  Clean  Water Act.   DEP's 1995 regulatory  revisions correspondingly
decreased reliance  on partial use designation  as the sole  regulatory  vehicle  to support CSO
abatement plans1.

In all  cases,  NPDES/MA permits require the nine  minimum controls  necessary  to  meet  technology-
based limitations  as  specified  in the 1994  EPA Policy.  The  nine controls may  be summarized  as;
operate and  maintain properly; maximize storage, minimize  overflows, maximize flows to Publicly
Owned Treatment Works (POTW),  prohibit dry weather CSO's, control solids and floatables, institute
pollution  prevention  programs,  notify the public of impacts,  and  observe monitoring and reporting
requirements.   The  nine  minimum controls  may  be supplemented  with  additional  treatment
requirements, such as screening and disinfection, on a case-by-case basis. The  Department's  goal is
to eliminate  adverse CSO impacts  and attain  the highest water  quality achievable. Separation or
relocation of CSOs is required wherever it can be achieved based  on an economic and technical
evaluation.

As untreated CSOs cause violations  of  water quality standards, and thus  are in  violation  of
NPDES  permits,  all of the state's CSO  permittees are  under enforcement  orders  to  either
eliminate the CSO or plan, design,  and construct CSO abatement facilities. Each long-term control
plan must identify and achieve the highest feasible level of control.  The  process also requires  the
permittee to comply with any approved  TMDL.

Presently, there are 27 active CSO's in Buzzards Bay Watershed (down from 41 in  1989), all of
them  concentrated in the City of  New Bedford In the Lower Acushnet  River and the Inner New
Bedford  Harbor area. The City of New Bedford completed long-term CSO control plans in 1990,
and has  been actively working since that time to carry out those plans.
       DEP's 1990 CSO Policy was based on EPA's 1989 CSO Control Policy and established the goal of eliminating adverse impacts
from CSOs, using partial use designation where removal or relocation was not feasible. The three month design storm was identified as the
minimum technology-based effluent limitation, which would result in untreated overflows an average of four times a  year.  Abatement
measures to meet these minimum standards were necessary for a CSO discharge to be eligible for partial use designation. Presumably, all
CSOs exceeding this standard required downgrading to Class C or SC status.  No partial use designations or downgrades to Class C were
actually made, but the process was perceived as administratively cumbersome.


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10.3 Additional Tools to Address Failed Septic Systems:

Septic System Regulations (Title 5): The MassDEP has regulations in place that require minimum
standards for the design of individual septic systems. Those regulations ensure, in part, protection
for nearby surface and groundwaters from  bacterial contamination. The regulations also provide
minimum standards for replacing failed and  inadequate systems. The Department has established
a mandatory requirement that all septic systems must be inspected and upgraded to meet Title 5
requirements at the time of sale or transfer of the each property.

10.4 Additional Tools to Address Stormwater:

Stormwater is regulated through both federal and state programs. Those programs include, but are not
limited to,  the federal and state Phase I and  Phase II  NPDES Stormwater program, and, at the state
level, the Wetlands Protection Act MGL Chapter 130, Section 40, the state water quality standards,
and the various permitting programs  previously identified.

Federal Phase 1 & 2 Stormwater Regulations: Existing Stormwater discharges are regulated under the
federal and  state  Phase  1  and Phase   II  Stormwater program.  In MA there are  two Phase  1
communities, Boston and  Worcester.  Both  communities have  been issued individual  permits to
address storm water discharges.  In addition, 237 communities in MA are covered by  Phase II. Phase II
is intended to further reduce  adverse  impacts to water quality and aquatic habitat by  instituting use
controls on the unregulated sources of Stormwater discharges that have the greatest likelihood of
causing continued environmental degradation including  those from municipal  separate storm sewer
systems (MS4s) and discharges from construction activity.

The  Phase II Final Rule, published in the Federal Register on Decembers, 1999, requires permittees
to determine whether or not Stormwater discharges from any part of the MS4 contribute, either directly
or indirectly, to a  303(d)  listed waterbody.  Operators  of regulated  MS4s are required  to design
Stormwater management programs to 1) reduce the discharge of pollutants to the  "maximum extent
practicable" (MEP),  2) protect water quality, and 3) satisfy the appropriate water quality requirements of
the  Clean  Water Act. Implementation of the MEP standard typically  requires the  development and
implementation of BMPs and the  achievement of measureable goals to satisfy each of the six minimum
control measures. Those measures include 1) public outreach and education, 2) public participation, 3)
illicit discharge detection and elimination, 4) construction  site runoff control, 5) post-construction runoff
control, and 6) pollution prevention/good housekeeping. In addition, each permittee must determine if a
TMDL has been developed and approved for any water body into which an MS4 discharges. If a TMDL
has been approved then the permittee must comply with the TMDL including the application of BMPs
or other performance requirements. The  permittee's must report annually  on all  control  measures
currently being implemented or planned to be  implemented  to control pollutants of concern identified in
TMDLs. Finally, the Department has the authority to issue an individual permit to achieve water quality
objectives. Links to the MA Phase II permit and other Stormwater control guidance can  be found at
http://www.mass.gov/dep/brp/stormwtr/phiihelp.htm
A     full     list    of    Phase   II     communities    in    MA    can    be    found    at
http://www.mass.gov/dep/brp/stormwtr/stormlis.htm
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In addition to the Phase  I and  II  programs  described  above the Massachusetts Department of
Environmental Protection's  proposed new   "Stormwater Management  Regulations,"  that  would
establish a statewide general permit program aimed at controlling the discharge of stormwater runoff
from certain privately-owned sites containing large impervious surfaces.
The proposed regulations would require private owners of land containing five or more acres of
impervious surfaces to apply for and obtain coverage under a general permit; implement nonstructural
best management practices (BMPs) for managing stormwater; install low impact development (LID)
techniques and structural stormwater BMPs at sites undergoing development or redevelopment; and
submit annual compliance certifications to the Department. Any new construction will have to comply
with state stormwater standards and permits and with the antidegradation requirements of the state
water quality standards.
Where the Department has determined that stormwater runoff is causing or contributing to violations of
the Massachusetts Surface Water Quality Standards, the proposed regulations would allow MassDEP
to impose the same requirements on  certain  private owners of land with less than five acres of
impervious surfaces  and require the owners of such land to design and implement the LID techniques
and stormwater BMPs needed to address these violations.

The  DEP Wetlands  regulations  (310  CMR  10.0) direct issuing  authorities  to  enforce  the  DEP
Stormwater  Management Policy,  place conditions  on the  quantity and quality of point  source
discharges, and to control erosion  and sedimentation. The Stormwater Management Policy was issued
under the authority of the 310 CMR 10.0. The policy and its accompanying Stormwater Performance
Standards apply to new and redevelopment projects where there may be an alteration to a wetland
resource area or within 100 feet of a wetland resource (buffer zone). The policy requires the application
of structural and/or  non-structural BMPs to  control suspended  solids, which have  associated co-
benefits  for bacteria  removal. A stormwater  handbook was  developed to promote  consistent
interpretation of  the Stormwater Management  Policy and  Performance Standards:  Volume 1:
Stormwater Policy Handbook and Volume 2: Stormwater Technical Handbook can be found along with
the Stormwater Policy at http://www.mass.gov/dep/water/wastewater/stormwat.htm

In addition to the above, the Massachusetts Department of Environmental Protection's proposed new
"Stormwater Management Regulations," that would establish a statewide general permit program
aimed at controlling the discharge of stormwater runoff from certain privately-owned sites containing
large impervious surfaces.

The proposed regulations would require private owners of land containing five or more acres of
impervious surfaces to apply for and obtain coverage under a general permit; implement nonstructural
best management practices (BMPs) for managing stormwater; install low impact  development (LID)
techniques and structural stormwater BMPs at sites undergoing development or redevelopment; and
submit annual compliance certifications to the Department.
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10.5  Financial Tools

Nonpoint Source  Control Program: DEP  has established a non-point  source  program and  grant
program to address non-point source pollution sources statewide. The Department has developed a
Nonpoint Source  Management Plan that sets forth  an integrated strategy and identifies important
programs to prevent, control,  and reduce  pollution from nonpoint sources and  more importantly to
protect and restore the quality of waters in the Commonwealth. The Clean Water Act, Section 319,
specifies the contents of the management plan. The plan is an implementation strategy for BMPs with
attention given to funding sources and  schedules. Statewide implementation of the Management Plan
is being accomplished through a wide variety of federal,  state,  local, and non-profit programs and
partnerships.  It includes  partnering with  the Massachusetts Coastal Zone Management  on the
implementation of Section 6217 program. That program outlines both short and long term strategies to
address urban  areas  and stormwater,  marinas and recreational  boating,  agriculture,  forestry,
hydromodification, and wetland restoration  and assessment. The  CZM 6217 program also addresses
TMDLs and nitrogen sensitive embayment's and is crafted to reduce water quality impairments and
restore segments not meeting state standards.

In addition, the state is partnering with  the Natural Resource Conservation Service (NRCS) to provide
implementation  incentives  through  the national  Farm Bill. As a result of this  effort,  NRCS now
prioritizes its Environmental Quality Incentive Program (EQIP) funds based on DEP's list of impaired
waters. The program also provides high priority points to those projects  designed to address TMDL
recommendations.  Over  the  last  several years EQIP  funds  have  been  used   throughout the
Commonwealth to address water quality goals through the application of structural and non-structural
BMPs.

MA, in conjunction with EPA, also provides a grant program to implement nonpoint source BMPs that
address water quality goals. The section  319 funding  provided  by EPA  is used to apply  needed
implementation  measures and provide  high priority points for projects that are designed to address
303d  listed waters and to implement TMDLs.  MassDEP has funded numerous projects through 319
that were designed to address stormwater and bacteria related  impairments. On an average about
75% of all projects funded since 2002 were designed to address bacteria related impairments.

The 319 program also provides additional assistance in the form of guidance. The Department is in the
process of updating  the  Massachusetts'  Nonpoint  Source  Management  Manual that  will  provide
detailed guidance in the form of BMPs  by landuse to address various water quality impairments and
associated pollutants.

Finally, it should be noted that the approach  and process outlined for implementing this TMDL has
been  previously demonstrated with documented success.  A previous TMDL, which  utilized this
approach  was  developed  and  approved  by  EPA  for the  Neponset  River  Watershed.  The
recommendations outlined in  that TMDL were similar to the current proposal. Since  the  time of
approval,  MADEP worked closely with  a  local watershed group  (Neponset River Watershed
Association) to  develop a  319 project  to implement the recommendations of the TMDL. The total
project cost was approximately $472,000 of which $283,000 was provided through federal 319 funds
and the additional  40% provided by the watershed association and two local communities.
                                            121

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Other examples include the Little Harbor in Cohasset and the Shawsheen River. Similar TMDLs were
developed in  these areas. In Little Harbor, the TMDL was used as the primary tool  to obtain local
approval and  funding to design and install sewers around Little Harbor and other additional areas of
Town impacted by sewerage contamination. Presently, the Town is seeking additional state funding to
construct the  sewers. In the Shawsheen Watershed the TMDL was used to obtain a state grant to
identify  and prioritize specific  stormwater  discharges for remediation. In addition,  MassDEP  has
received a grant to a conduct additional sampling and refine field and laboratory techniques that will
allow us to differentiate  between human  and  non-human sources that will  be useful  statewide.
MassDEP and EPA Region 1 are also working on an  compliance & enforcement strategy to address
the worst sources.

Additional information related to the non-point source program, including the Management Plan  can be
found at http://www.mass.gov/dep/brp/wm/nonpoint.htm

State Revolving Fund: The State Revolving Fund (SRF) Program provides low interest loans to  eligible
applicants for the abatement of water pollution problems across the Commonwealth. Since July 2002
the MassDEP has issued millions of dollars in  loans for the planning and construction of CSO facilities
and  to  address stormwater pollution.  Loans  have also been distributed to municipal governments
statewide to upgrade and replace failed Title 5 systems. These programs all demonstrate the  State's
commitment to assist local  governments in implementing the TMDL  recommendations.   Additional
information       about      the      SRF       Program      can      be       found       at
http://www.mass.gov/dep/water/wastewater/wastewat.htm

Bacteria Source Tracking Program: Over the last several years MassDEP has hired new regional staff
and  provided  analytical capabilities in three regions (Northeast,  Southeast, and West) to work with
communities  to track,  identify, and  eliminate  bacteria  sources  that  contribute to water  quality
impairments.

In  summary,  MassDEP's approach  and existing  programs set out  a wide variety of  tools  both
MassDEP and communities can use to address pathogens, based on land use and the commonality of
pathogen sources (e.g., combined sewer overflows (CSOs), failing septic systems, storm water  and
illicit  connections, pet waste, etc.) Since there are only a few categories of sources of  pathogens, the
necessary remedial actions to address these sources are well established. DEP's authority combined
with  the programs  identified above  provide sufficient reasonable assurance that  implementation of
remedial actions will take place.
                                            122

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11.0  Public Participation


Two public meetings were held at 3 p.m. and 7pm. at the DEP-SERO, Lakeville on 8/10/2005 to
present the Bacteria TMDL and to collect public comments. The attendance list, public comments,
and the MassDEP responses are attached as Appendix B.
                                       123

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References

Ayres Associates 1993.  Onsite Sewage Disposal Systems Research in Florida.  The Capacity of
    Fine Sandy Soil  for Septic  Tank  Effluent  Treatment: A Field  Investigation at an  In-Situ
    Lysimeter Facility  in Florida.

BBPNEP 2002.  Chapter 6: Pollution Remediation Projects in New Bedford. Buzzards Bay  Project
    National     Estuary    Program     (BBPNEP).        Available    for    download    at
    http://www.buzzardsbay.org/nbprobs.htm.

Carvalho- Souza,  R. 2002. WRWA 2001 Data. Westport River Watershed  Alliance.  Email to Katie
    O'Brien, MassDEP, Division of Watershed Management, July 25, 2002

Center for Watershed Protection, 1999. Watershed Protection Techniques. Vol. 3,  No. 1.

City of New Bedford 2005.  City of New Bedford Department of Public Works Waste Water Division.
    Information    from    website,     downloaded    March    2005.         http://www.ci.new-
    bedford.ma.us/DPW/WASTEWAT/combins.htm

Costa, Joseph  E. Executive Director Buzzards Bay Project National Estuary Program,  Massachusetts
    Office of Coastal Management. East Wareham MA. Personal Communication.

DMF 2002.  Massachusetts Division of Marine Fisheries.  Programs and Projects. Shellfish Sanitation
    and    Management.      Information   from   website,    downloaded    March   2005.
    http://www.mass.gov/dfwele/dmf/programsandprojects/shelsani.htm.

Labelle 2008.  City of  New Bedford,  Department of Public Infrastructure,  Water and Wastewater
    Division. Monitoring Data from New Bedford Outer and Inner Harbor, Clarks  Cove, and Buzzards
    Bay. Ronald H. Labelle, Commissioner.

MACZM.  2003.  Atlas of Stormwater Discharges in  the Buzzards Bay  Watershed, August 2003.
    Massachusetts Office of Coastal Zone Management  (MACZM), Buzzards Bay Project National
    Estuaries   Program.     East  Wareham,   Massachusetts.   Available  for   download   at
    http://www.buzzardsbay.org/stormatlas.htm

MassDEP 2000a.  314 CMR 4.00: Massachusetts  Surface Water Quality Standards.  Massachusetts
    Department of Environmental Protection Bureau of Waste Prevention.  Available for download at
    http://www.mass.gov/dep/bwp/iww/files/314cmr4.htm

MassDEP 2000b.  Nonpoint Source Management Plan Volume I Strategic Summary.  Massachusetts
    Department of Environmental Protection Bureau of Waste Prevention.  Available for download at
    http://www.mass.gov/dep/brp/wm/nonpoint.htm
                                           124

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MassDEP  2002a.   Cape  Cod  Watershed Water Quality Assessment  Report.   Massachusetts
    Department  of Environmental  Protection,  Division  of  Water  Management.    Worcester,
    Massachusetts. Available for download at http://www.mass.gov/dep/brp/wm/wqassess.htm

MassDEP  2002b.   Final Total Maximum  Daily  Loads of Bacteria  for  Neponset River Basin.
    Massachusetts Department of Environmental Protection, Bureau of Resource Protection, Division
    of Watershed  Management.   Report  MA73-01-2002  CN  121.0.    Boston,  Massachusetts.
    Available for download at http://www.mass.gov/dep/brp/wm/tmdls.htm.

MassDEP  2003a.   Massachusetts  Year 2002  Integrated List of Waters.   Part 2 - Final  Listing of
    Individual Categories of Waters. Massachusetts Department of Environmental Protection, Bureau
    of Resource Protection,  Division of Watershed  Management.  Boston, Massachusetts.  Available
    for download at http://www.mass.gov/dep/brp/wm/tmdls.htm

MassDEP 2003b.  Buzzards  Bay Watershed 2000 Water Quality Assessment Report.  Massachusetts
    Department  of Environmental  Protection,  Division  of  Water  Management.    Worcester,
    Massachusetts.  Available for download at http://www.mass.gov/dep/brp/wm/wqassess.htm

MassDEP  2006a.   Massachusetts  Year 2006  Integrated List of Waters.   Part 2 - Final  Listing of
    Individual Categories of Waters. Massachusetts Department of Environmental Protection, Bureau
    of Resource Protection,  Division of Watershed  Management.  Boston, Massachusetts.  Available
    for download at http://www.mass.gov/dep/brp/wm/tmdls.htm

MassGIS 2005.  Office  of Geographic and Environmental Information (MassGIS), Commonwealth of
    Massachusetts Executive  Office  of  Environmental Affairs. MassDEP 2002 Integrated List of
    Waters (305(b)/303(d)) as of 2005; Land Use as of 1999; Town Boundaries as of 2002. Census
    TIGER Roads as of 2003.  Major Drainage Boundaries as of 2003. Designated Shellfish Growing
    Areas as of July 2000. Downloaded January 2005. http://www.mass.gov/mgis/laylist.htm

MDC-CDM. 1997.  Wachusett Stormwater Study.  Massachusetts District Commission  and Camp,
    Dresser, and McKee, Inc.

Metcalf and Eddy 1991. Wastewater Engineering: Treatment, Disposal, Reuse. Third Edition.

Metcalf and Eddy 1992. Casco Bay Storm Water Management Project.

Shepherd 2007.  Personal communication with Joseph Shepherd of the Department of Environmental
    Protection, Division of Wastewater Management,  Southeast Regional office, Lakeville MA. His
    information source: Vincinte Futado of the City of New Bedford.

USEPA  1983. Results of the Nationwide Urban Runoff Program. Volume I. Final Report. Water
    Planning Division. Washington,  D.C. 159 pp.

USEPA 1986. Ambient Water Quality Criteria for Bacteria - 1986. EPA 440/5-84-002.

USEPA. 1997. Urbanization of Streams: Studies of Hydrologic Impacts. EPA 841-R-97-009
                                           125

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USEPA 1999. Regional Guidance on Submittal Requirements for Lake and Reservoir Nutrient TMDLs.
    USEPA, New England Region. November 1999.

USEPA 2001. Protocol for Developing Pathogen TMDLs.  EPA841-R-00-002

USEPA 2003. National Management Measures to control Nonpoint Source Pollution from Agriculture.
    EPA 841-B-03-004. Available at: http://www.epa.gov/owow/nps/agmm/index.html

USEPA 2004a.  No Discharge Areas in Massachusetts.  Information from website, downloaded March
    2005.  http://www.epa.gov/region01/eco/nodiscrg/ma.html

USEPA 2004b.   Monitoring and Assessing Water Quality.  Information from website, downloaded
    December 2004. http://www.epa.gov/OWOW/monitoring/volunteer/stream/vms511 .html

USEPA  2004c.    Lower Charles  River Illicit Discharge Detection &  Elimination (IDDE) Protocol
    Guidance for Consideration - November 2004 United States Environmental  Protection Agency
    Region I New England

USGS 2002. Measured and Simulated Runoff to the Lower Charles River, Massachusetts, October
    199-September2000. 02-4129. United States Geological Survey. Northborough, Massachusetts.
                                          126

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                        Appendix A
Atlas of Stormwater Discharges in the Buzzards Bay Watershed (MACZM 2003).




Highlight Maps Specifically Related to Bacteria Impaired Segments in This TMDL.




   Also available for download at http://www.buzzardsbay.org/stormatlas.htm
                                127

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                                     PRIORITY MAP #1
West port: Map
                                                                     0   Untreated Catchbasin
                                                                         Treated Catchbasin
                                                                         Discharge Pipe
                                                                     Z   Raadcut
                                                                         Stcmi'Aater Treatment
                                                                         Flow Direction
                                                                         LjkjK aid Ponds
                                                                                Streams
                                                                                so  >:<»  1500 r«t
                                                     128

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Westport: Map  3
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         Treated Caldiba-sh
         Discharge Pi pe
     Z   Ftoadcut
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         Laksi and Ponds
                Streams
                                                      129

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West port:  Map  4
       -  -•

                                                                       Untreated Catchbain
                                                                       Treated Catchhasin
                                                                       Discharge Pipe
                                                                       Roadcut
                                                                       Stomiwater TneitnHnt
                                                                       Ffcw Direction
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                                                                       Rvers and Strains
                                                    130

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Westport: Map  6
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                                                      131

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West port:  Map  7
                                                                           S   Untreated Catchbain
                                                                           9   Treated Catchbasin
                                                                                Discharge Pipe
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                                                          132

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                                 133

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Westport: Map 9
                                134

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                                                 136

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140

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141

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                                                      146

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                                                                                                                00°°°
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                                                          154

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                                  Appendix  B
                            Public  Participation
RESPONSE TO COMMENTS  ON  THE  DRAFT PATHOGEN TMDL  FOR  THE  BUZZARDS  BAY
WATERSHED

        Public Meeting Announcement Published in the Monitor       7/23/2005

        Date of Public Meeting                                 8/10/2005

        Location of Public Meeting                             DEP-SERO, Lakeville

        Times of Public Meeting                                3 P.M. and 7 P.M.

BUZZARDS BAY WATERSHED DRAFT PATHOGEN TMDL PUBLIC MEETING ATTENDEES

Date 8/10/2005   Time 3 PM

Name                             Organization
1. Ben Bryant                     Coalition for Buzzards Bay
2. A. Antoniello                    DPW Scituate
3. Jason Burtner                   CZM
4. Mike Hill                       EPA
5. Bill Fitzgerald                    DPW Franklin/Citizen Taunton
6. Cathal O'Brien                   DPW Water Taunton
7. Lawrence Perry                 Lakeville Health Agent
8. Newton Newman                 Lloyd Center Dartmouth


Date 8/10/2005   Time 7 P.M

Name                             Organization
1. Sara Grady                     NSRWA/Mass Bays
2. Steve Silva                     EPA

This appendix provides detailed responses to comments received during the public comment process.
MassDEP received many comments/questions that were of a general nature (i.e.  related to terminology,
statewide programs, the TMDL development process and regulations, etc.) while others were watershed
specific. Responses to both  are presented in the following sections.

General Comments:

1. Question: On the slide titled "components of a TMDL" what does "WLA" and "LA" stand for.
                                         155

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Response: Waste load allocation (WLA) refers to pollutants discharged from pipes and channels that
require a discharge  permit (point sources). Load allocation refers to pollutants entering  waterbodies
through overland runoff (non point sources). A  major difference between the two categories is  the
greater  legal and regulatory control  generally  available to address point  sources  while voluntary
cooperation added by incentives in some cases is the main vehicle for addressing non-point sources.

2. Question: What is the Septic System Program?

Response:  Cities and Towns can  establish a small revolving fund to help finance  repairs and
necessary upgrades to septic  systems.  The  initial  funding  is from the  Commonwealth's State,
Revolving Fund  Program  (SRF).  These  programs generally  offer reduced  interest rate  loans to
homeowners to conduct such improvements. Many communities have taken advantage  of this effort
and on Cape Cod Barnstable County has proposed its own version of this aid.  A discussion of the
septic system  programs may be seen in the TMDL companion document "A  TMDL Implementation
Guidance Manual for Massachusetts"  under Section 3.2.

3. Question: What is the WQS for non-contact recreation  in terms of bacteria?

Response: EPA does not  have specific guidance for a bacteria criterion for secondary contact. The
agency recommended states use 5 times the swimming standard in the case of fecal coliform. Based
on EPA's recommendation Massachusetts  adopted a  class "C" standard of  1000 organisms  per  100
ml.  Class C waters  are designated  as  a habitat for fish,  other aquatic life  and  wildlife,  and for
secondary contact recreation such  as  fishing and boating. In 2007 the State of Massachusetts revised
its standards for certain waters from fecal coliform to e-coli or enterococcus

4. Question:  On the topic of  DMA testing for  bacterial source tracking  what is MassDEP doing or
planning to do?

Response: DMA testing is a promising  but  as yet not fully reliable tool in distinguishing between
human and other sources  of fecal bacteria. When perfected, this tool will be extremely valuable in
helping target sources of pathogens and remedial actions. At the same time, one needs to recognize
that even if the source of the bacteria is  identified as  non-human, any concentrations exceeding the
criteria still impair the use, such as swimming or shellfishing, associated with those criteria.  MassDEP
is already working with our Wall Experiment Station to help develop reliable techniques to  address  this
issue. Once  developed MassDEP  will include those techniques into our sampling programs however
we hope local monitoring programs will also benefit from them.

5. Question: What is the current thought on  e coli / entero bacteria survival and reproduction in the
environment, especially in wetlands ?

Response: There are reports that indicator bacteria can survive in sediment longer than they can in
water. This may be a result of being protected from  predators. Also, there is some indication that
reproduction may occur in wetlands, but until wildlife sources can be ruled out through, for example, a
reliable DMA testing, this possibility needs to be treated with caution. Also, die off of indicator  bacteria
tends to be more rapid in warm water than in cold.
                                            156

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6.Question: For the implementation phase of TMDLs who will do the regular progress reporting and
who will pay for it?

Response: In most  cases, MassDEP is  relying  on existing programs for TMDL implementation.
Reporting will also depend on the action being taken. Phase I and Phase II municipalities already do
regular reporting and provide annual status reports on their efforts. Any additional information can be
coupled with  existing reporting requirements  and  monitoring results to determine the  success and
failure  of  implementation  measures.   For non-Phase  II municipalities it  gets  more  difficult and
MassDEP  may have to work directly with each community or possibly add communities with known
impairments to the phase II list. The TMDL does not require volunteer groups, watershed organizations
or towns to submit periodic reports - it is not mandatory. The MassDEP is relying on self interest and a
sense of duty for communities to move ahead with the needed controls facilitated by some state aid.
The MassDEP feels that the cooperative approach is the most desirable and effective  but also believes
that we possess broad regulatory authority to require action if and when it is deemed appropriate.  .

7. Question: How does the Phase II program and TMDL program coordinate with each other?

Response:  The NPDES  Stormwater  Phase  II  General  Permit  Program became  effective  in
Massachusetts in March 2003. The permit requires the regulated entities to develop, implement and
enforce  a  stormwater  management  program (SWMP)  that effectively  reduces  or prevents the
discharge of pollutants  into receiving waters to the Maximum Extent Practicable (MEP). Stormwater
discharges  must also comply with meeting state water quality standards. The Phase II permit uses a
best management  practice framework  and  measurable goals to  meet  MEP  and water quality
standards. A requirement of the permit is that if a TMDL  has been approved for any water body into
which the  small municipal separate  storm sewer system  (MS4) discharges,  the permittee  must
determine whether the approved TMDL is for  a pollutant  likely to be found  in stormwater discharges
from the MS4. If the TMDL includes a pollutant waste load  allocation, best management practices
(BMPs) or other performance standards for stormwater discharges, the permittee must incorporate into
their SWMP the recommendations in the TMDL for limiting the pollutant contamination. The permittee
must assess whether the pollutant reduction required by the TMDL is being met by existing stormwater
management control  measures in their SWMP or if additional control measures are necessary. As
TMDLs  are developed  and approved, permittees' stormwater management  programs  and annual
reports must include a description of the BMPs that will be used to control the pollutant(s) of concern,
to the maximum extent practicable. Annual reports filed by the permittee should highlight the status or
progress of control  measures currently being  implemented or plans for implementation  in the future.
Records should be  kept concerning assessments or inspections of the appropriate control measures
and how the pollutant reductions will be met.

8. Question: Will communities be liable for meeting water quality standards for bacteria at the point of
discharge?

Response: No. While this is the goal stated in the TMDL,  compliance with the water quality standards
is judged by in-stream  measurements. For instance,  in an extreme  case, it could be possible for a
community  to  meet this criterion in their storm drains and yet still  be responsible  for reducing the
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impacts of  overland runoff if the in-stream concentrations of  bacteria  exceeded the water quality
standard. So no matter how the TMDL is expressed, compliance is measured by the concentrations in
the ambient water.

This  approach is also consistent with current EPA guidance and regulations.  As stated in the 2002
Wayland/Hanlon  memorandum,  "WQBELs  for  NPDES-regulated  storm water  discharges  that
implement WLAs in TMDLs may be expressed  in the  form of best management practices  (BMPs)
under  specified  circumstances.    See 33  U.S.C. 1342(p)(3)(B)(iii); 40  C.F.R. 122.44(k)(2)&(3)"
(Wayland/Hanlon memo, page 2; See Attachment A.  This memorandum goes on to state:
"...because  storm water discharges are  due to storm events that are highly variable in frequency and
duration and  are not easily characterized, only in  rare cases will it be feasible or appropriate  to
establish numeric limits for municipal and small construction storm water discharges. The variability in
the system and minimal data generally available make it difficult to determine with precision or certainty
actual  or projected loadings for individual dischargers or groups of dischargers.  Therefore, EPA
believes that in these situations,  permit limits typically can  be expressed as BMPs, and that  numeric
limits will be used only in rare instances" (Wayland,  Hanlon memorandum,  November 22, 2002, page
4).

The  TMDL attempts to be clear on the  expectation  that an adaptive management approach  utilizing
BMPs  will be used to achieve  WQS  as stated  in the Wayland/Hanlon memorandum:   "If it  is
determined  that a BMP approach (including an iterative BMP approach) is appropriate to meet the
storm water component of the TMDL, EPA recommends  that the TMDL reflect this." (Wayland, Hanlon
memorandum, page 5).  Consistent with this, the  Massachusetts' pathogen TMDLs state  that an
iterative approach using an illicit connection detection and elimination program and utilization of non-
structural BMPs be used initially to meet WQS followed by structural BMPs where necessary.  The
actual WLA and LA  for storm water will still be expressed as both a concentration-based/WQS limit and
daily load which will be used to guide BMP implementation. The attainment of WQS, however, will be
assessed through ambient monitoring.

In  storm water TMDLs, the issue of whether WQSs will be met is an ongoing issue and can never be
answered with 100% assurance.  MassDEP  believes  that the BMP-based,  iterative approach for
addressing  pathogens  is  appropriate  for  storm  water.    Indeed,  "the policy outlined  in  [the
Wayland/Hanlon] memorandum affirms the  appropriateness  of an iterative, adaptive management
BMP approach, whereby permits include  effluent limits (e.g., a combination of structural and non-
structural BMPs) that address storm  water  discharges,  implement mechanisms to evaluate the
performance of such controls, and make adjustments (i.e., more stringent controls or specific BMPs) as
necessary to protect water quality" (Wayland, Hanlon memorandum, page  5).

A  more detailed discussion  / explanation  of this  response  can be  found  in  Attachment C,  a
memorandum titled  "Establishing Total Maximum Daily Load (TMDL) Wasteload Allocations (WLAs) for
Storm  Water  Sources and NPDES  Permit Requirements Based on Those WLAs" by Robert  H.
Wayland and  James A. Hanlon of EPA (11/22/02) which is appended to this Response To Comments
Document.

9.  Question: What are the regulatory hooks for this TMDL in regards to non-point sources?
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Response: In  general, the  MassDEP is pursuing a cooperative  approach in addressing non-point
sources of contamination by bacteria. A total of 237 cities and towns in Massachusetts do have legal
requirements  to  implement best management  practices  under their general  NPDES  storm-water
permits. In addition, failing septic systems are required to be corrected once the local Board of Health
becomes aware  of them and  at the time of property transfer should  required inspections  reveal a
problem. Other activities, such as farming involving livestock, are the subject of cooperative control
efforts through such organizations as the Natural Resources Conservation Service (NRCS) which has
a long history of  providing  both technical advice and matching funds for instituting best management
practices on farms. While MassDEP has broad legal authority to address non-point source  pollution
and   enforcement tools available for use for cases of egregious neglect, it intends to  fully pursue
cooperative efforts which it feels offer the most promise for improving water quality.

In addition to the  above, the Massachusetts Department of Environmental Protection's proposed new
"Stormwater Management Regulations," that would establish a statewide general permit program
aimed at controlling the discharge of stormwater runoff from certain  privately-owned sites containing
large impervious  surfaces.

The proposed regulations would require private owners of land containing five or more acres of
impervious surfaces to apply for and  obtain coverage under a general permit; implement nonstructural
best management practices (BMPs) for managing stormwater; install low impact development (LID)
techniques and structural stormwater BMPs at sites undergoing development or redevelopment; and
submit annual compliance certifications to the Department.

10.  Question: Why is there little mention in the draft TMDL reports on  incorporation  of LID (Low
Impact Development)  principles as a way through implementation to control Bacteria pollution?

Response:  Part of   the  Statewide  TMDL  project was to  produce  an accompanying  TMDL
implementation guidance  document for all  the TMDL reports,  "  Mitigation Measures  to  Address
Pathogen Pollution in  Surface Waters: A  TMDL Implementation Guidance Document for MA". There is
an  entire section  in that  document  (Section  D.4)  that  discusses  LID principles  and  TMDL
implementation in detail.

11. Question: What about flow issues and TMDL requirements?

Response: TMDLs  must  be  developed  for each  "pollutant"  causing  water  quality  impairments.
Although "flow" can impact pollutant  concentrations and loadings, flow is not a "pollutant" as defined in
federal regulations and is therefore not subject to TMDL development.

12.  Question: Is there a way  that the TMDL can  be integrated with  grants, and can the grants be
targeted at TMDL implementation?

Response: The 319 Grant  program  is a  major funding program providing up to $2 million per year in
grants in MA. TMDL  implementation is a high priority in that program.  In fact, projects  designed to
address TMDL requirements are given higher priority points during project evaluation.
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The 319 grant program RFP Includes this language: "Category 4a Waters: TMDL and draft TMDL
implementation  projects  - The  319 program prioritizes  funding for projects that  will implement
Massachusetts' Total Maximum Daily Load (TMDL) analyses. Many rivers, streams and water bodies
in  the Commonwealth are impaired  and thus do not meet Massachusetts'  Surface  Water Quality
Standards. The goal of the TMDL Program is to determine the likely cause(s) of those impairments and
develop an analysis (the TMDL) that lists those cause(s)."

Several  comments were also  directed towards the complications associated with applying  for and
reporting that are required elements state grant programs. The MassDEP is sympathetic to the paper
work requirements of State and Federal grant  programs. The MassDEP periodically reviews the body
of requirements to assess what  streamlining may be  possible. At the same time,  the MassDEP
underscores that accountability for spending public funds continues to be an  important and required
component of any grant program.

13. Question: How will implementation of the  TMDL address the major problem of post- construction
run-off?

Response: It is  anticipated that  proper design and  implementation  of  stormwater systems during
construction  will  address both pre and  post-construction  runoff  issues  and thus  eliminate future
problems. Post-construction runoff is also one of the six  minimum control measures that Phase II
communities are required to include  in their stormwater management program  in order to meet the
conditions of their National Pollutant Discharge Elimination System (NPDES) permit. In  short, Phase II
communities are required to :
a.  Develop and implement strategies which include structural and/or nonstructural best management
practices (BMPs);
b.  Have an ordinance or other regulatory mechanism requiring the implementation of post-construction
runoff controls to the extent allowable  under State or local law;
c.  Ensure adequate long-term operation and maintenance controls;
d.  Determine the  appropriate  best management practices (BMPs) and  measurable goals  for their
minimum control measure.

The general  permit implementing the  phase 2  requirements also contains requirements for permittees
that discharge into receiving waters with an approved TMDL. In summary, municipalities covered under
phase II are required to  incorporate and  implement measures  and controls into their plans that are
consistent with  an  established  TMDL  and  any conditions necessary for consistency with the
assumptions and requirements of the TMDL.

14. Question: How does a pollution prevention TMDL work?

Response:  MassDEP  recommends that  the  information contained  in the pathogen  TMDLs guide
management activities for  all  other waters throughout the watershed to  help maintain and protect
existing  water quality. For non-impaired  waters, Massachusetts  is  proposing  "pollution prevention
TMDLs" which are  also known as "preventative TMDLs" consistent with CWA s. 303(d)(3). Pollution
prevention TMDLs encourage  the Commonwealth, communities and citizens to  maintain and protect
existing  water quality.  Moreover it is  easier and less costly in the long term to prevent impairments
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rather than retrofit controls and best management practices to clean up pollution problems. The goal of
this approach is take a more proactive role to water quality management.

The analyses conducted for the pathogen impaired segments in this TMDL would apply to the non-
impaired segments, since the sources and their characteristics are equivalent. The waste load and/or
load allocation for each source and designated  use  would be the same  as  specified in the TMDL
documents.  Therefore, the pollution prevention TMDLs would have  identical waste load and load
allocations based on the sources present and the designated use of the waterbody segment.

The TMDLs  may, in appropriate circumstances, also  apply to segments that  are listed for pathogen
impairment  in subsequent  Massachusetts CWA s.  303(d)  Integrated  List of Waters.  For  such
segments, this TMDL  may apply if, after listing the waters for pathogen impairment and taking into
account all relevant  comments  submitted on the CWA s. 303(d) list, the Commonwealth determines
with EPA approval of the CWA  s. 303(d) list that this TMDL should apply to future pathogen impaired
segments.

Pollution prevention best management practices form  the  backbone of stormwater management
strategies.  Operation   and  maintenance  should  be  an   integral  component of all  stormwater
management programs. This applies equally well with  the Phase II Program as well  as TMDLs. A
detailed discussion of this subject and the BMPs involved can  be found in the TMDL companion
document "Measures  to Address  Pathogen Pollution in Surface  Waters: A TMDL Implementation
Guidance  Document for Massachusetts" in Section 3.

15. Comment:  The TMDL methodology uses concentrations based on water quality standards to
establish TMDL loads,  not traditional "loads".

Response: Concentration-based limits  are consistent with EPA regulations. Clean Water Act Section
130.2(i) states that "TMDLs can be expressed in terms of either mass  per time, toxicity, or  other
appropriate measure". The TMDL in this case is set at the water quality  standard.  Pathogen water
quality standards  (which are expressed  as concentrations) are  based on human  health, which is
different from many of the other pollutants. It is important to  know immediately when monitoring is
conducted if the waterbody is  safe for human use,  without calculating a "load" by multiplying the
concentration by the flow - a  complex function involving  variable storm  flow,  dilution,  proximity to
source, etc.

The goal to attain water quality standards at the point of discharge is conservative and thus protective,
and offers a  practical means to identify and evaluate the effectiveness of control measures. In addition,
this approach establishes clear objectives that  can be easily understood by the public and individuals
responsible for monitoring activities.

MassDEP believes that it is difficult to provide accurate quantitative loading estimates  of indicator
bacteria contributions  from the various  sources because many of the  sources  are  diffuse  and
intermittent, and flow is highly variable. Thus, it is extremely difficult to monitor and accurately model.
bacteria are  less accurate than a concentration-based approach  and do not provide  a way to quickly
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verify if you are achieving  the TMDL.  Regardless, MassDEP has included  a daily load for each
segment in this TMDL in addition to the concentration-based approach.

16. Comment: There is concern with the "cookie-cutter" nature of the draft TMDL. Particularly the lack
of any determination about the causes and contributions to pathogen impairment for specific river and
stream segments.

Response: The  draft TMDL, although generic in nature, provides a  framework and foundation for
actions to  address bacteria pollution statewide. The MassDEP feels the pathogen TMDL approach is
justified because of the commonality of sources affecting the impaired segments and the commonality
of best management practices used to abate and control those sources.

Many existing programs  such as  the Federally mandated stormwater  program and combined sewer
overflow (CSO)  Long-term Control  Plans, once  implemented, will dramatically reduce or eliminate
many sources of bacteria and serve as an important first step in an adaptive management approach to
eliminate sources. At the same time however MassDEP agrees that it will be important for not only the
state, but more importantly local monitoring programs to develop and incorporate source identification
and tracking programs to achieve long-term water  quality goals.

It should also be noted that based on public input MassDEP has conducted additional research to try
to identify  sources  where  information  was  available.  This  includes the addition  of  information
developed by the Buzzards Bay Project National Estuary Program (BBP) as presented in the ""Atlas of
Stormwater  Discharges  in  the Buzzards Bay Watershed". Based  on  this  additional  information
MassDEP  added additional  tables and maps to  help identify and prioritize important segments and
sources. Also,  MassDEP  revised  Section 7 of this  TMDL to include segment-by-segment daily load
allocations necessary to meet water quality standards. All of the above  noted actions were intended to
provide  additional guidance  on potential sources and areas  of concern  and to  help target future
remediation activities.

17. Comment: While Table  7-1 of each TMDL  lists the Tasks  that  the agencies (MassDEP/EPA)
believe need to be achieved, it  isn't clear exactly  how these tasks line up with and address the eight
sources of impairment listed in Table 6-1. CZM recommends that the final TMDL be more specific and
couple the Implementation Plan tasks with the known or expected sources of contamination.  This
would make the document more useful to a community

Response:  All of the sources of impairments listed in Table 6-1 are addressed in either Table 7-1, the
text of Section 7, or both.  Because Table 6-1 and 7-1 serve slightly different purposes  it was not
intended that the tasks  needed to align with and exactly address the eight sources of impairment.

18. Comment: While the text  in sections 7.1-7.7  of  each TMDL describe  some actions that can
address the  sources in Table 6-1, the issue of failing infrastructure is only mentioned  in a sub-section
title and in the text, but not addressed in any detail.

Response: Failing infrastructure is a very broad term, and is addressed, in part in such discussions as
those on leaking  sewer pipes, sanitary sewer overflows, and failed septic systems.  It  is outside of the
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scope of the TMDL  documents to detail every possible type of infrastructure failure.  Nonetheless,
additional information is  provided in the TMDL companion document titled: "Measures to Address
Pathogen  Pollution   in  Surface Waters:  A TMDL  Implementation  Guidance  Document  for
Massachusetts."

19. Comment: There is a need for more specific information about what individual communities are
currently doing and how much  more effort is required (e.g., how many more miles of pipe need to be
inspected for illegal connections in a specific community).

Response: MassDEP and the EPA recognize that the municipalities have done, and are continuing to
do, a tremendous amount of work to control bacterial contamination of surface waters. The TMDL
provides some examples of that  overall effort.  The TMDL however is not designed nor intended to
include an exhaustive listing of all the work required by each municipality to finalize this  effort and
provide a status of that work.  However, some of the programs, such as Phase II Storm water, require
such status reports,  and those will be very valuable in assessing  priorities and future work. Phase II
reports for each community are available through each City or Town and can be viewed at MassDEP.

20. Comment: There are  no milestones to which  individual  communities should aim  (e.g., all
stormwater lines upstream of known contamination inspected for illegal connections in five years). As
another example, Section 7.0 of each TMDL states that "The strategy  includes a mandatory program
for implementing storm water BMPs and eliminating illicit sources"  but  it  is not clear over what
timeframe a community should be acting.

Response: The timeframe for implementing corrective measures depends highly on the extent and
source  of the problem within each community, as such, it would  be impossible to identify individual
timelines within the  TMDL. With that  said however many timelines are  established  through  the
implementation of existing programs.  For instance,  the Phase  II stormwater program required all
communities  to submit an application  and plan in 2003. That plan must  address the six  minimum
control  measures and establish regulatory mechanisms to implement those measures by 2008. Status
reports are developed annually to report their progress on achieving that goal. Actual implementation
however will likely take many years. A second example would be the control of combined sewer
overflows (CSO's). Most municipalities are already under enforcement orders by EPA and/or MassDEP
to  develop and implement initial measures  (commonly referred  to as the Nine Minimum Controls
(NMCs) and long-term control plans to address the issue. Since CSO discharges are defined as a point
source  under the Clean Water Act an NPDES permit must be jointly issued  by EPA and MassDEP for
those discharges. The permit sets forth the requirements for implementation and assessment of the
EPA mandated NMCs and the requirement for developing a long-term CSO control strategy. Either the
permit or an enforcement order will typically contain the schedules for completing that work.

MassDEP recognizes that the addition of timelines in the  TMDLs would  appear to strengthen the
documents, however, the complexity of each source coupled with the many types of sources which
vary by municipality simply does not lend itself to the TMDL framework and therefore must be achieved
through other programmatic measures.

21. Comment: Under "Control  Measures" does "Watershed Management" include NPDES permitting?
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Response: "Watershed Management"  is a general term used to assess and address water quality
impacts associated with both  point and nonpoint sources  throughout an entire watershed. NPDES
permitting is a primary tool used to address point source pollution such as permitted discharges from
municipal wastewater treatment and industrial discharges. Stormwater is considered a point source if it
comes from a pipe or other  discrete  conveyance  system.  Sheet flow of stormwater  however is
considered a nonpoint source.  Additional tools used to address nonpoint  sources include, but are not
limited to,  local education, and  the use of best management practices like those outlined in this report.
The Department  also operates varies grant and  loan programs  to address both  point and nonpoint
sources of pollution.  Application of these tools  is considered  part  of the  watershed management
approach.

22. Comment: Absent from each report under "Who should read this document ?" are the government
agencies that provide planning, technical  assistance, and  funding to groups to remediate bacterial
problems.

Response: The introduction was edited to include these groups  in a general sense. It is beyond the
scope of the TMDL to provide an exhaustive list of agencies that provide funding and support. Chapter
8.0 however provides a link to this  information,  which is  provided in the Massachusetts  Nonpoint
Source Strategy.

23. Comment: For coastal watersheds the section that describes funding sources should include grant
programs available through the Massachusetts Office of Coastal Zone Management.

Response: Please refer to comment #22 above

24. Comment: Table ES-1 and the similar tables throughout the report  do not list B  (CSO) or as  a
surface water classification - this classification and  its  associated loadings allocations  are missing.
Although the footnote to the table refers to Long term CSO Control Plans,  the relationship between the
TMDL, LTCP, and the B(CSO) water classification are unclear.

Response: The 1995  revisions to the MA Water Quality Standards created a  B (CSO) water quality
category by establishing regulatory significance for the notation "CSO" shown in the "Other Restriction"
column  at 314 CMR 4.06 for impacted segments. The  B (CSO) designation was given, after public
review and comment, to those  waters where total elimination of CSO's was not economically feasible
and could lead  to substantial  and widespread economic and social impact and the impacts  from
remaining CSO discharges were minor. Although a high level of control must be achieved, Class  B
standards may not be met during infrequent, large storm events.

The goal of the TMDL and the long-term control  plan is to  minimize  impacts to the maximum extent
feasible, attain the highest water quality achievable, and to protect critical uses.  Given  this, the TMDL
establishes in Table ES-1  (as well as  other tables)  the goal of meeting class B standards in CSO
impacted waters but recognizes that this criteria cannot be met at all times and therefore  defers to the
EPA and MassDEP approved long-term control CSO  plan to define the infrequent occasions when the
criteria may not be met.
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25. Comment: The implementation of new bacteria water quality criteria into NPDES permits should
be determined during the permit writing process rather than by the TMDL process - and that should be
made clear in the TMDL document.

Response: MassDEP  agrees  that implementation of new bacteria water quality criteria should be
incorporated into the permitting process as well as the state Water Quality Standards. This is already
the case. The criteria are also being included in the TMDL because it is a required element of the
TMDL process.  Readers / users of the bacteria TMDL reports should be aware that new water quality
standards were recently developed in 2007 and are included in this final TMDL.

26. Comment: Coastal resources are significantly  impacted from the storm water run-off from Mass
Highway  roads.   This goes beyond the control of municipalities to upgrade and is often beyond the
capability of local groups to monitor.   MHD (Massachusetts Highway  Department (Mass Highway))
continues to evade storm  water standards and it is  thus our  opinion that MHD deserves special
recognition, complete with implementation strategy  to upgrade the drainage systems  along its web of
asphalt.

Response: Mass Highway is  included in the Storm water Phase II Program, and  as such will be
responsible for completing the  six minimum controls mandated by that program, i.e.,  public education
and  outreach,  public  involvement  and  participation, illicit  discharge detection  and elimination,
construction  site storm water  runoff control,  post construction  storm water management,  and good
housekeeping in operations.

27. Comment: The current 303d list of impaired waters - is it the 2002 or the 2004 list  ?

Response:  Since the draft  of this report  was  produced,  the final 2006  list was approved and
MassDEP is awaiting final  EPA approval of the 2008  list. All of the pathogen TMDLs apply to the
current 2006 303d list and all future EPA approved 303d lists.

28. Comment: Does the NPDES nondelegated state status of Massachusetts affect the TMDLs in any
way?

Response: No.  The MassDEP and EPA work closely together and the nondelegated  status will not
affect the TMDLs. The EPA has not written any of the pathogen TMDLs but has helped fund them.

29. Comment: The TMDL report does not tell the watershed associations anything they didn't already
know.

Response: True. The MassDEP is taking a cooperative approach and by working together as a team
(federal, state, local, watershed groups) we can make progress in addressing bacterial problems -
especially storm water related bacterial problems. Establishment of the TMDL however provides higher
priority points in  MassDEP funding programs to issue grants and loans for qualified projects to address
priority areas.
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30. Comment: What will the MassDEP do now for communities that they  have not already been
doing ?

Response: Grants that can be used for implementation  (such as the 319 grants) will be targeted
toward TMDL implementation. Also, the more TMDLs a state completes and gets approved by EPA the
more funding it will receive from EPA and thus the more TMDL implementation it can initiate.

31. Comment: The State Revolving Fund (SRF) should support municipalities with TMDLs and Phase
II status a lot more.

Response: As with any grant/loan program, there are some very competitive projects looking for funds
from the SRF. A lot of these are the traditional sewage treatment  plants and sewering projects which
are very expensive. The SRF currently does allocate funds to storm water related projects as well and
additional priority points are awarded in the SRF program where a project addresses waters identified
on the state 303d list as well as where TMDLs have been established by either MassDEP or EPA..

32. Comment: Who will be doing the TMDL implementation ?

Response: Each pathogen TMDL report has a section on implementation  which includes a table that
lists the various tasks and  the responsible entity. Most of the implementation  tasks will fall on the
authority of the municipalities. Probably two of the larger tasks in urban areas  include implementing
storm water BMPs and eliminating illicit sources. The document "Mitigation Measures to Address
Pathogen Pollution in Surface Water: A TMDL Implementation Guidance Manual  for Massachusetts"
was developed to  support implementation of pathogen TMDLs. The MassDEP working with EPA and
other team partners shall make every reasonable effort to assure implementation  of the TMDLs.
Watershed Specific Comments / Responses

33. Comment:  Several  watershed groups believe  that active  and  effective implementation  and
enforcement is essential to carry out the objectives in the pathogen  TMDLs.  They define effective
implementation  as  the  MassDEP  partnering  with them  and  municipalities to identify  funding
opportunities to develop stormwater management plans, implement Title 5 upgrades, and  repair failing
sewer infrastructure. The groups define effective enforcement as active  MassDEP application of Title 5
regulations  and  implementation  of  Stormwater Phase  II  permitting requirements for  Phase  II
municipalities.

Response: The MassDEP has every intention of assisting watershed  groups and municipalities with
implementing the  high priority aspects  of the pathogen  TMDLs,  including identification of possible
funding sources.  With respect to Title  5 regulations and the Phase II program  requirements, the
MassDEP will continue to emphasize and assist entities with  activities that lead  to compliance with
those program requirements.

34.  Comment:   The  MassDEP  Division of  Watershed  Management  (DWM)  should  network
implementation planning efforts in the coastal watersheds with the Coastal Zone  Management's (CZM)
Coastal Remediation Grant Program and the EPA Coastal Nonpoint Source Grant Program. Also, the
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DWM should make the pathogen TMDL presentation to the Mass Bays Group, and network with them
in regards to coordinating implementation tasks.

Response: The MassDEP DWM has every intent  to coordinate efforts wherever possible including
those identified by the commenter.

35.  Comment: Why are specific segments or tributaries of watersheds addressed in the Draft TMDL
but  not all of the segments  ?

Response: In accordance with the EPA regulations governing TMDL requirements, only segments that
are  included on the state's 303(d) list of impaired waterbodies (category 5 of the state Integrated List of
Waters) need to  be included in any TMDL.  It  should  be  noted, however, that addressing  other
segments which presently are not listed is appropriate as well.

36.  Comment: When a TMDL is developed for waters impaired by both point and nonpoint sources,
and the WLA is based on an assumption that nonpoint source reductions will occur, EPA's 1991 TMDL
Guidance states that the TMDL  should provide reasonable  assurances that  nonpoint source control
measures can achieve expected load reductions in order for the TMDL to
be approvable.

Response: Section  9.0, Reasonable Assurances, provides these assurances. This section has been
drastically expanded in the Final version of the Draft Pathogen  TMDL  reports. The revised section 9.0
describes all of the  appropriate state  programs and their enabling statutes and relevant regulations
which actively address  nonpoint source pollution impacting  waters of the Commonwealth. Many of
these programs involve municipalities as a  first  line of defense mechanism such  as  the Wetlands
Protection Act (which includes the  Rivers Protection Act).This expanded  section also covers grant
programs available to municipalities to  control and abate nonpoint source pollution such as 319 grants,
604b grants, 104b(3) funds, 6217 coastal nonpoint source grants, low interest loans for septic system
upgrades, state revolving fund grants, and many others.

37.  Comment: The  Draft TMDLs indicate that for non-impaired waters the TMDL proposes "pollution
prevention BMPs". The term is not defined in any state regulation and the origin of the term is unclear.

Response: An  explanation of pollution  prevention  BMPs  can be  found in  the  pathogen TMDL
companion  document "Mitigation  Measures to Address Pathogen Pollution in Surface Waters: A TMDL
Implementation Guidance Manual for Massachusetts". Section  3.1 of that  manual describes pollution
prevention as one  of the six control measures for minimizing stormwater contamination  under the EPA
Phase I  or II  Stormwater Control Program.  Control Measure #6,  "Pollution Prevention  /  Good
Housekeeping" involves a  number of  activities such as maintenance  of structural and nonstructural
stormwater controls, controls  for reducing  pollutants from  roads,  municipal yards  and  lots,  street
sweeping and catch basin cleaning,  and control of pet waste. Also the term "pollution prevention" can
include a far wider range of pollution control activities to prevent bacterial  pollution at the source. For
instance, under Phase  I and  II,  minimum control measures #4  and #5,  construction  site  and post
construction site runoff controls, would encompass many pollution prevention  type BMP measures.
Proper septic system maintenance and numerous  agricultural land  use measures can  also be
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considered pollution prevention activities. Further information may be found in Sections 3.0, 4.0, and
5.0 in the Guidance Manual.

38. Comment: EPA regulations require that a TMDL include Load Allocations (LAs) which identify the
portion of the loading  capacity attributed to  existing and future nonpoint sources and  to  natural
background. Load allocations may range from reasonably accurate estimates to gross allotments (40
C.F.R. s.130.2(g)).  Where  possible,  load  allocations should  be described  separately  for  natural
background and nonpoint sources. The  Draft TMDL makes no such allocation. Also, EPA regulations
require that a TMDL include Waste Load Allocations (WLAs) which identify the portion of the loading
capacity allocated to individual existing and future  point sources. The  Draft TMDL makes no such
allocation . Because it makes no estimate of the TMDL, it  makes no WLA for point sources.

Response: This comment  (and  several  others which  addressed  the same  topic)  relates  to  the
establishment and allocation of an acceptable pollutant load so that water quality standards can  be met
and maintained. As touched upon  elsewhere in this document, TMDLs can be expressed in a variety of
ways so long as they are rational. Section 7 has been expanded to include load allocations  in addition
to the concentration based  approach, however. MassDEP has chosen to use concentration  as the
primary metric for bacteria TMDLs for several reasons. First,  there is a numeric standard that  can be
used. Second, and  more important, bacteria, unlike some other pollutants,  can increase with flow
rather than decrease. As such, the bacteria load applicable at low flow (7Q10) would be very stringent
if applied to higher flows. It is  also constantly changing due to tidal action.  In essence, this TMDL
recognizes that higher loads are likely at higher flows and therefore the emphasis is on meeting the in-
stream or embayment water quality rather than on meeting a load  established for low flows  as is done
for most other constituents.  Hence the TMDL is based on concentration rather than loads of bacteria
expressed either as pounds or as daily loads.  Again, in contrast to many other pollutants, higher flows
may  not mean more dilution in  the case of bacteria. This approach for bacteria still accepts that site
specific  information can  result in  site  specific  control  strategies that modify the general  TMDL
framework presented provided  that water quality standards for bacteria are  achieved. Nonetheless,
MassDEP has included load allocations in the final TMDL based  on  the annual average precipitation
anticipated in the Buzzards Bay/Cape Cod area and an estimate of the average daily runoff based on
long-term precipitation records (see revised Section  7).
Watershed Specific Comments / Responses

1.  Question: Why are there no lakes in the Buzzards Bay Watershed on the 303d list  in light of the
fact that there have been several beach closings due to bacteria ?

Response: The MassDEP relies on information from local Boards of Health and the Commonwealth's
Department of Public  Health for  information on beach closures. This information is becoming more
timely and readily available with the institution of a state wide reporting system required and facilitated
by the passage of the National Beaches Act. This will permit much more recent information to be used
in  the listing of impaired waters  in  the future. It should be noted that beaches subject to chronic
closures normally would be listed  as  impaired, but those reporting occasional closures in which bather
density is suspected as a possible cause may not be listed.
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2.   CZM Comment
p. 51, Table 7-1, CZM was surprised to see that this table does not recognize the important role of the
Buzzards Bay Project National Estuary Program (BBP).  The BBP is a technical assistance unit of CZM
whose mission is to  implement the Buzzards  Bay Comprehensive Conservation Management Plan.
We recommend the following changes to Table 7-1.  Next to the task "Organize and implement; work
with stakeholders and local officials to identify  remedial measures and  potential funding sources" the
BBP and not  the Coalition for Buzzards Bay (CBB) should be listed.  The CBB is a citizens group
primarily focused on  education and outreach.  Likewise, next to the task "Write grant and loan funding
proposals," the BBP should be listed and not CBB. Furthermore, the tasks "Organization, contacts with
volunteer groups" and  "Surface Water  Monitoring"  should include  the  BBP  as  a participating
organization.

Response: The draft TMDL incorrectly cited  the Coalition for Buzzards Bay rather than the Buzzards
Bay Project. The changes have been made  to Table 7-1  and text has  been  added to Section 7-1 to
correct this error.

3.  Comment- It is  noted that there are quite a few segments on the Western  end  of the Cape in
Falmouth and Bourne that are included in this report. Could you explain that?

Response- The MassDEP, beginning with the 2004 Integrated List of Impaired  Waters, determined
that 14 segments on  the Western end of the Cape in Falmouth  and Bourne most appropriately fit within
the Buzzards Bay Watershed, as drainage  from these segments discharges into Buzzards Bay. These
segments include: MA95-14, Cape  Cod Canal; MA95-48 Eel Pond; MA95-47 Back River; MA95-15
Phinneys Harbor; MA95-16 Pocasset River; MA95-18; Pocasset Harbor MA95-17; Red Brook Harbor;
MA95-21  Herring Brook;  MA95-46  Harbor Head; MA95-20 Wild Harbor; MA95-22 West Falmouth
Harbor; MA95-23 Great  Sippewisset  Creek; MA95-24 Little  Sippewisset Marsh; MA95-25  Quissett
Harbor. These segments  are now covered  in  the Buzzards Bay Bacteria TMDL Report rather than the
Cape Cod TMDL report
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     Appendix C
EPA: Wayland Guidance
         170

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         I    UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
         /                    WASH«TCN, D.C. 2WEC
                                mum
MEMORANDUM

SUBJECT:   Establishing Total Maximum Daily Laid (TMDL) Wasreload Allocations
            (WLAs) for Stom Water Sa-virces and NPDES Permit Requirements Based on
            those WLAs

FROM:      Robert K. Wayland, HI, Director
            Office of Wetlands. Oceans and Water-shad;

            James A. Hanlon, D'jecter
            Office of Wasiewater ManaEement   •''    Of
                                                V
TO:         Water Division Director;
                 ,-1  • n
                 ^2 1 - .y
      This i2SQOTaD±.iai djjifies eyeing EPA re:EuLatorf- reqiaren:*i:ts for. acd provides
Eui«iaace on, siiiblishing vr&iEload aDocatioti !,WLA») for stone, water discharge* in total
        . daily load; ffkc-Ls) apprm^d-Bi esUb jsh-ed by EPA. It al=o ajddresse; tbs
            of water qaalit^'-taied effl'aeat liiaits {WQBEL=} and conditons m NatonaJ
Polliiiaat Dischuge Eliomataa System iJN?DES) pencils based sa tte IXAi for swnn, water
    aTEes it TMDLs. The key points pra=«E"ed 31 tii= maraoraaiini are as follows:

            HPDES-ierjlated icccm water «di=chars es must be addiessed b,r the wasraload
            aUocatioL component of a TMDL £ffl.40C.F.R. | ]3C.2(b.).

            NPDES-TenUted nmm waar di=cltarges may not be addressed by the load
            aUocatiot (LA) component of a TMDL  See 43 C.F.R. 1 110.2 (g) & (h).

            Storm water discharge; from imircei mat are coc  currently subject toNPCES
                     oav be addressed by ibs load allocation compsasnt of a TMDL. See
            It aiay be reasonable IB express allocations ftxr NPDES-regulaied itoirn water
            discharges from multiple pa-id sources as a sitsle categor.cal wasteload allccarion
            when data -mid information aoe in;u:f dent to assign each xmrti or O'UifiJ
                    WLAs. ^ei^OC.FR. § 13C.2(i). Incases where wasteload allocations
                                                        |M-hi.in
                                    171

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      are developed for categories of discharges. these catesor.es should be defined as
      narrowly K available ifo[matsm aUows.

      The WLAs and LAs are to be expressed ia numeric form in its TMDL.  See 40
      C.FH. § 13Q.2;h; & fi). EPA ejects TMDL authorities to niaie separate
      allocations 10 NPDES- regulated swnc. water discharges £n lie form of WLAs)
      and unregulated storm water (in the form of LAs j  EPA recognizes that these
      allocation: night be farrly mdnQSLtar/ because of diia Laitaiiaai and variibilirsr
      in cte system.

      NPEES permit coQdidaLi must be consistau wnfa the asBumprions and
      recuireoiHKs of available WIAs,  See4'3C.?,R. | ]22.44(d;(])(i'Li}il).

      WQBELs for KPDES -regulated, storm waier discharges ftac m^le-mem WIAs in
      Tl*fIDLs any be expressed, in the form, of be;: management practices (SMPsJ.
      under specified circ-amstance-.  See 33 U.S.C. Sl34;(pX3XB)(iu).40C.F.R.
      § ] 22 ,4-(k)(2)&(3x  If BM?s dons adequately implemem the WTAs, then
      additional c octrois are EOC
      EPA expects thai most ft'QBELs forXPDES-regulated oi'jmcipai and small
      constnctLoa stonn water dJsctarpE. will be in 'the form ef BMP-, aad thai
          eiic kmits wLL be used onl  in iaie instances.
      Wines a noD-numeric water quality-based effluent limit is anpOi-sd. 'he parent's
      admiai:tradve lecord. mcludiog the feet sheet when on-a is required, needs to
      support that iba BMPs are expected IB bs sufficient to implement tie WLA IE the
      TMEL.  See4S C.FH. §| I24.S, 12i.9 * 124 IS.
      T'ae X?E'ES pem± m'Jit ?.l50 spe-:it\r :ie moaitoiai nece;=,?j}- to det
      :3mp2i?Ji-:9WL:heifIuent}ini::fliio2s"  S«43 C.7F." 5 J22 4-^(:l.  "ATiere effluent
      limit; ar* =pe-:ified a; EMPi, ±e penmt iliould aj=a =pecif>- the mcnitcnng
             T,1 :o aiseii if :he e\;cectied load reductions ^nnhuted to BMP
                    ?je a Juered r'e g  . BMP perfoncnice dacij.
      The pencil should also piwide a mechanism to cuke adjustments 10 the required
      BMP1; as necessary to ensure ihe:i adequate performance.

This memorandum is organized as follows:

;!).    ResHJatsry basis for mckdiLS NPDES-resulated storm water discharges m
      'XTAs in TMBLs,

(II).   Qptior.= fa,j addressing storm water in TMBLs; and
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       (III).   Deienniatag effluent limits in KPDE S permits for swnu water discharges
       consistem with the WLA

(I).    Regulator? Basil for Including NTDES-rcgnlated Storm Water Discharges m WLAs
in TMDLs

       As part of ±5 1?3" amendments to ±3 O.VA, Csrigres-s ?.dded Section 40Iip) :a the Act
:o cover discharges composed entirely of storm water. Section -C2{p:{2; of The Ac: requires
permit coverage for itscliarzes j.sso:i?.ted with industrial activity »ni discharges from Lirae and
medium muiiL:ipal separate itorja. sewer ST, items (M".-;,^e_ iysi?oi i?r,'bE a popMlanon OTST
25C.CCO or jy::emj sen-mz a populadon bemeea 10C.C-C3 aad I5-.COC. rc-pecuve!./.  7^e»5
isclmiH&s aia refarred w as Phass I MS4 diicijarge^.

       IE addition, die Adidniiaator wi= directed w study and iiiue rerjlationi that denpate
         stone, water discharges., othei thaa. it;A; Permits for disdizjges frsa: MS- >,
    e'/er. 'shall recmre csatrsh ts reduce the disckugc of pollutants to ±e mjciucux extent
pracncabl* .  . jad >iv± sthat provision; ?.s ue A±ainiiir?,Tor or the twte deterjiinss appropr-r-T*
fsrue canjo] of such pa^Lutants. ' See 33 U.S.C. 1 13-2;j;:"3>:E3i,±).

       Storm water discharges that ue regulated under Phase I or Phase II of tha NPDES itorm
water progtatn are point sources that must be included -JL the WLA pomon of a TMDL. See -0
C.F..R, § 110.2 (h.).  Storm water discharges tiiac lie noc currently subjeci to Phase I or Phase II of
the XPDES itonc. water program, are not required to obtain NPDES penaits. 31 U. S .C.
§I342(p)(l) & fp);'S). 'Therefore., for regulatory pupoiss, they are analogous to nonpoim
sources aad may be included in. the LA porton of a TMDL. See -^O C J.R. § 1 30.2(g).

(II).   Options for Addressing Storm Water in TMDLs

      Decisions about allocations of pollutant loads within a TMDL are driven by the quantity
and quality of existing aaa readily available  water quality date . Tfae am.O'Unt of storm, water data
available for a TMDL var.es from location to location. Nevertheless. EPA ejects TMDL.
authorities wil] make separate aggregate allocations to N PDES-replated storm water  discharges
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(ia ±a fora of WLAsJ. and unregulated storm water (a. the font, of LA-) . It may be reasonable
to quantify Ibe allocations through astmacas ecr extrapolations, teed either m, knowledge of Land
use pattern-; and associated literature values for pollutant loading; or on actual, albeit Leaded.
loading information. EPA reconciles that these allocations might be fairly rudimentary because
of data limitations.

      EPA ?Jio recoccze; ±it tie ivJlable data ?.cd bformauon usualLy ira net detailed
enough to datennjue waste Io?.d alloci3:L02i  foi }"?3E"j-tejjJa:e
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      Under certain circumstances. BMPi are an appropriate fora: of effluent limits to control
poUiitaEts m atom: water. See 43 CFR |» 1 22 ,44(10(2) 4" (3). If it is  determined thai a BMP
approach (including an iterative BMP approach) is appropriate to mast lie storm water
component of the TMDL,, EPA recommends that the TMDL reflect this.

       EPA expects that tie >3?DES permitting authority will review the information provided
by the TMDL. see -0 CF.Jt § 122.44(d)(l)(viiKB}. and determine whether the effluent tan is
appropriately expressed using a BMP approach (including sn iteratve BMP approach) m a
numeric 1 mill Where BMPs are used, EPA recommends that the permit provide a mechanism to
require visa of expanded or leiter-tailored BMPs when monitoring demonstrates they are
necessary to implement the WLA and protect water quality.

      Wlere the NPDES pendttinf authori^' allows for a choice of BMPs, a discusiiflQ of the
BM? ielecuoa and aisunipdoD: aeais IB ba xclndad unhe permit' = adn±L.:initLve record.
iadudmg the fact sheet when, one is required,  40 C.F.R. §§ 324.B. 12-, 9 & 12- IS.  For general
permit:., this may be iaclnded in the =icrm water poDtticiE pie%-eMon plan required b>r the
pencit.  Se§_40C.r,R. §  112.28, Permitting a-Jthor.tes may ie-p je the penaitiee to provide
supporting infbmunon. such as iom:' the permittee desigaad ns management plan to address the
WLA;";';.. See_-0 CF.H. § 122.2S.  The KPDES permit must require tie moaitor.c.| necessan.* to
assize compliance with penult louiiations, alrhoueh the permirimi aiuhociiy has the di=creteu
vindsr EPA'j regulations to decide the frequency of such monitorjiE.  See +3 CFR, § 122.44$).
EPA lacomaeQds that such pemuts riquire' collecting data ea the actjal psnoro32.ee of the
BMPs. These additional data may provide a basil for revised aaaagemeat measures. The
ita-nitorjiH data are lilely to have other use; as well. For example, the monitoring data might
indicate  if it is necessary 10 adjust the BK?s. Any momtorjiE. for sterm water required as part of
the permit should be consistent with the state's overall assessment and mrautor.ni  s
      Tbe policy outlined in this meniaraadinn. affirms the appropriateness of aniteradve.
adaptive nian,»Heicent BM? approach, wherety permits include effluent limit: fe.g.. s
combination of iiracturiJ aid non-structjra] BMPs) chat aiireii stora water discharge;.
implement mechanisms to n'abate the performance of such controls, and male adjustments fie..
more stringent control; or specific BMPs) a-i necessary to piotsct water qoJiU1  Ttii approach is
funher juppoited ty the recent report fron the National Research Council i^NP.C), Jir-csj.nf At
TA.1DL Approach is Wawr Qitaln^ J/aia? CIMUI iJNational Academy Press. 2001). Tie NRC
import recommends an approach chat includes "adaptive implementation," lie., "a cyclical process
in which TMDL plans are periodically  assessed for their achievement sf water quality standards"
,  . and adjustments made as necessary. A1C Repsri at ES-5 .

      Thi; memorandum discusses existing requirements of the Clean Water Act (CWA)  and
codified in die TMDL andNPBES implementing regulations.  Those CWA provisions and
regulations contain. legally bmding requirements. This document describes these requirements: it
does OH substitute for those provisions or regulations. The recommendations in this
            are not binding, indeed, there day be other approaches that would le appropriate
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 in pariioiSar situations. When EPA aiaies a TMDL oor permitting deciaoa, it wiH make each
decision on a case-by-case basis and will be guided by the applicable requirement: of the
and iapLeiasc.tc.B isplationE. lakinE into account cocnasac; ard iafoimacion presented n ifaat
urns by mwrescad ;psr»a=. regarding the appi-opnafeMis of applying ih.s=e recoomemdadoiiE to
ihe particuJar sif.ia.cion. EPA may clangs diii guidance ~JL tie fuiuie.

      If you have any qiiSiiinas please feel free w contact a= or Linda Boommaa. Director of
ihe Water Permits DivisioL or Charles Sulfin, Direcior of the Asse&ameni and Watershed
Piotecnon Di^iiioti.

cc;
Waier •Qualiiy Branch Ckiefe
Region: 1 - 1C

Psroit Branch Chiefs
Resion: 1 - 1C
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