United States
Environmental Protection
Agency
Total Maximum Daily Loads
THSDLs
TMDL at a Glance
Lynnhaven Bay, Broad Bay, and
Linkhorn Bay Watersheds TMBL
for Shellfish Areas Listed Bue to
Bacteria Contamination
(approved March 2004)
www.deq.virginia.gov/tmdl/apptrnclh/shellfish/lynnk.pclf
Coordinated Actions Lower Bacteria Levels and Reopen
Shellfish Areas in the Lynnhaven River Watershed
Oyster lovers and residents near Virginia Beach, Virginia remember a time that oysters
from the Lynnhaven Bay watershed were once a celebrated delicacy served to dignitaries.
Excessive bacteria levels in the Lynnhaven Bay watershed, however, forced the Virginia
Health Department to shut down almost all of the shellfish areas for decades—until
recently. Implementing the Lynnhaven Bay, Broad Bay, and Linkhorn Bay fecal coliform
TMDL for shellfish areas has helped to reduce bacteria levels. Management actions
targeting sources such as boating activities, on-site sewer systems, agricultural areas, and
pet waste have successfully reduced bacteria levels. As a result of these efforts,
Lynnhaven Bay watershed shellfish areas are reopening and Lynnhaven oysters are
returning as an edible, marketable natural resource on local restaurant menus.
Causes of impairment
Bacteria (Fecal coliform)
Sources of impairment
Discharges from municipal separate storm sewer
systems and sanitary sewer overflows, failing septic
systems, sanitary discharges from transiting vessels
Restoration options
Agricultural best management practices, sanitary
sewer system improvements, stormwater programs,
boating programs, pet waste programs and erosion
and sediment control
Stakeholder involvement
City of Virginia Beach, Hampton Roads Sanitation
District, Lynnhaven River Now, state and federal
agencies
Status of waterbody
Over 1,450 acres of shellfish areas meet bacteria
water quality standards to ensure safe shellfish
consumption
Benefits to stakeholders
Water quality, economic, recreation, funding,
education
How are TMDLs at work in the Lynnhaven Bay watershed?
In response to shellfish harvesting restrictions placed on the Lynnhaven, Broad,
and Linkhorn Bay watersheds, shown in Figure 1, the Virginia Department of
Environmental Quality (DEQ) listed these waters on the state's Clean Water
Act (CWA) section 303(d) list of impaired waters and initiated a fecal coliform
TMDL to address excessive bacteria levels. The goal of the TMDL is to set
bacteria reduction goals that will allow the Lynnhaven, Broad, and Linkhorn
Bay watersheds meet Virginia's bacteria water quality standards to support the
production of edible and marketable natural resource designated use.
The TMDL has provided
stakeholders with an
organized framework for
compiling and analyzing
data related to sources
of bacteria within the
watersheds. Identifying the
sources, understanding the
relative contributions from
each type of source, and
allocating the necessary
bacteria reductions has
helped stakeholders
plan and prioritize their
management efforts over
time.
Figure 1. Map of the Lynnhaven River Watershed.
What is a total maximum daily load (TMDL)?
It is a study or analysis that calculates the maximum amount of a pollutant that a waterbody can receive and still meet
water quality standards. The TMDL establishes a pollutant budget and then allocates portions of the overall budget to
the pollutant's sources. For more information on TMDLs, visit EPA's website at www.epa.gov/owow/tmdl.
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Who were the local stakeholders and key partners involved in the
TMDL process?
Developing and implementing the Lynnhaven, Broad, and Linkhorn Bay watersheds fecal
coliform TMDL for shellfish areas involved a wide range of stakeholders and partners
from the local, state, and federal levels. Local stakeholders include the City of Virginia
Beach, the Hampton Roads Sanitation District, the Hampton Roads Planning District
Commission. Nongovernmental organizations involved include Lynnhaven River
Now, Alliance for the Chesapeake Bay, and the Chesapeake Bay Foundation. Key state
partners include the Virginia DEQ, the Virginia Department of Health, the Virginia
Department of Conservation and Recreation, the Virginia Marine Resource Commission,
and the Virginia Dare Soil and Water Conservation District. Federal partners include
the U.S. Environmental Protection Agency (EPA) and the U.S. Navy, which has federal
facilities within the watersheds.
What are the elements of the TMDL process and how did local
stakeholders participate?
Local stakeholders participated in the three primary elements of the TMDL process:
CWA section 303(d) listing decisions, TMDL development, and TMDL implementation.
Each element of the TMDL process provided stakeholders with an opportunity to express
concerns and share information about the water quality problems in the Lynnhaven, Broad,
and Linkhorn Bay watersheds with Virginia DEQ and other key state and federal partners.
A description of each element of the TMDL process is provided below.
Section 303(d) listing decisions
Determining that a waterbody is not meeting its water quality standards is the first step
in the TMDL process. A waterbody is impaired when it does not meet water quality
standards for a particular pollutant and it goes on a list of impaired waters needing a
TMDL. When waterbodies go on the state's list of impaired waters, referred to as the
CWA section 303(d) list, stakeholders have the opportunity to provide input during the
listing process. The Virginia Department of Health, Division of Shellfish Sanitation (DSS),
collects monthly samples at over 2,000 stations in the shellfish growing areas of Virginia.
Every 6 months, DSS determines if the data show that the water quality standards for
protecting the shellfish use are met. If the water quality data exceed the protective
criteria, the growing areas are closed for the direct marketing of shellfish. These closed
shellfish waters are subsequently placed on Virginia's Section 303(d) list of impaired
waters and a TMDL. Shellfish growing areas in Lynnhaven, Broad, and Linhorn Bays were
closed for many decades. Virginia DEQ placed these bays on Virginia's first CWA section
303(d) list in 1998.
TMDL development
Through the TMDL development process, Virginia DEQ worked with stakeholders to
compile and analyze information on fecal coliform sources to determine their relative
contribution and assign wasteload and load allocations. Using data from a technique
called bacterial source tracking (BST), the TMDL analysis presented the relative
contributions from five categories of bacteria sources: bird (28.6 percent), human
(24.8 percent), wildlife (16.8 percent), livestock (16.8 percent) and pet (14.4 percent).
The TMDL analysis concluded that 100 percent reductions in bacteria contributions
from humans, pets, and livestock, as well as a 93.8 percent reduction from birds, were
necessary to achieve the bacteria water quality standards.
The Virginia DEQ held public meetings in 2003 from May through November to provide
local stakeholders with the opportunity to participate in the TMDL development process.
The formal public meeting on the TMDL report was held in December 2003. Comments
Lynnhaven River-2
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during public meetings ranged from questions about funding for implementation activities
to sources of bacteria to concerns about regulatory consequences of not achieving TMDL
allocations. In 2004, Virginia DEQ completed the TMDL report, submitted it for EPA
review, and received EPA approval.
TMDL implementation
To map out a strategy for achieving fecal coliform reduction goals, the Virginia DEQ
developed a TMDL implementation plan in conjunction with local, state, and federal
partners. In 2006, the Virginia DEQ completed the TMDL implementation plan and the
Virginia State Water Board approved it in accordance with the provisions of the Code of
Virginia. The initial implementation plan focused on activities related to human and pet
sources of fecal coliform. Activities identified in the implementation plan fell into
10 categories, including agricultural best management practices (BMPs), sanitary sewer
improvements, stormwater programs, boating programs, and pet waste programs.
The implementation plan is an iterative process toward achieving the fecal
coliform wasteload and load allocations over a 15 year timeframe. This type of
approach is often referred to as an adaptive management approach. Activities
identified in the implementation plan fall into three phases: Phase I represents
activities already initiated by stakeholders or planned in the near term; Phase II
activities are those planned for the next five years that require funding;
and Phase III contains activities that might require regulatory changes, but
stakeholders could implement these activities if Phases I and II activities are not
successful. After implementation of Phase I and ongoing activities, the Virginia DEQ and
its partners will assess progress towards achieving the bacteria water quality standards to
determine the degree of success and the need to implement additional activities.
Stakeholders participated in the development of the implementation plan through a
workgroup led by the Virginia DEQ. This group, comprised of city departments, as well
as state and federal agencies, met monthly to draft the implementation plan. Public
meetings focused on the implementation plan were also held to get broader public input.
The workgroup tasked with developing the implementation plan identified and integrated
other activities affecting fecal coliform loads outside the TMDL process, such as
watershed management planning and local environmental groups' educational activities.
What is the current status of the Lynnhaven River watershed as a
result of the TMDL process?
Ongoing and Phase I activities identified in the TMDL implementation plan played a
significant role in reducing fecal coliform levels and restoring the health of shellfish areas.
In late 2007, the Virginia Department of Health opened a total of 1, 462 acres of shellfish
areas in the three watersheds. According to the local watershed organization, Lynnhaven
River NOW, the area has not had such a large area open to shellfish harvesting since 1931.
How did local stakeholders benefit from the TMDL process?
The Phase I and ongoing management activities implemented to achieve bacteria water
quality standards generated a number of benefits for stakeholders. Benefits from TMDL
implementation include the following:
O Improved water quality. Management activities focused on limiting human sources
of bacteria, such as the No Discharge Zone that prohibits discharges of sanitary
waste from boats and the significant reduction of septic systems, as well as voluntary
compliance with pet waste ordinances, have contributed to reduced bacteria levels
and improved water quality. In the Lynnhaven, Broad, and Linkhorn Bay watersheds,
one indicator for improved bacteria levels is the amount of shellfish areas open for
harvesting. In 2006, thousands of partners and stakeholders released oysters onto a
'In 2007, we have resounding evidence that
the steps we are undertaking to restore water
quality in the Lynnhaven River are working."
—Lynnhaven River NOW
2007 State of the River Report
Lynnhaven River-3
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Figure 2. Bucket of oysters released to the
Lynnhaven Bay in 2006.
sanctuary reef to promote oyster repopulation, as shown in
Figure 2. The number of acres open for shellfish harvesting
rose 22 percent from 2006 to 2007. As of 2007, 29 percent
of the Lynnhaven River met bacteria water quality
standards set to ensure safe shellfish consumption.
O Increased economic opportunities related to
marketable shellfish production. With the opening
of more than 1,450 acres of shellfish areas comes the
opportunity to harvest and sell oysters and clams. There
is a growing demand for Lynnhaven oysters by local and
regional seafood restaurants, resulting in an increase in
sales for local shellfish businesses.
O Cleaner recreational activities. The No Discharge Zone
in the Lynnhaven River means that illicit discharges of
sanitary waste by recreational vessels are prohibited.
Through Virginia's Clean Marina program, four marinas
located in the Lynnhaven Bay watershed gained clean
marina certification. As a result, local residents and
tourists have cleaner water for recreational activities such
as boating and swimming.
Increased public awareness and participation. The City of Virginia Beach works
with Lynnhaven River NOW, a local watershed organization, to conduct public
outreach and education programs that will help to reduce bacteria levels. The
organization's membership total is nearly 10 percent of the Lynnhaven River watershed
population. Through the use of newspaper and television, Lynnhaven River NOW
helps to increase the awareness of issues affecting the watershed. Educational efforts
include promoting the City of Virginia Beach's "Don't Feed the Ducks and Geese"
program, "Scoop the Poop" program, and informing boaters about the No Discharge
Zone.
Increased access to funding. The TMDL implementation plan estimates over
$10 million is needed to cover the initial costs of implementing all management
activities and an annual operation and maintenance cost of over $6 million. Therefore,
access to funding to implement these activities is essential. The City of Virginia Beach
worked with other local communities, as well as state and federal agencies, to obtain
federal and state funding for TMDL implementation activities. The City has set
aside funds in their Capital Improvements budget to use it for future projects in the
Lynnhaven Bay watershed. In 2007, the City of Virginia Beach provided approximately
$2 million to continue retrofitting some of nearly 1,000 untreated stormwater outfalls
in the Lynnhaven Bay watershed.
SEPA
Lynnhaven River-4
December 2009 • EPA841-F-09-002G
For more information on the bacteria TMDL for the Lynnhaven, Broad, and Linkhorn Bay watersheds, contact
Jennifer Howell, Virginia Department of Environmental Quality, jshowell@deq.virginia.gov, (757) 518-2111
For more information on the Virginia TMDL Program, visit www.deq.virginia.gov/tmdl/homepage.html
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