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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