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              Section 319
              NONPOINT SOURCE PROGRAM SOCGESS  STORY
 Multifaceted Program Restores Shellfish Harvesting in Northern

 Hempstead Harbor
Watprhnrlv  Imnrnx/prl  Elevated fecal coliform (FC) bacteria levels from runoff and
                              other sources caused New York's northern Hempstead Harbor
 to exceed the FC water quality standard for shellfish harvesting. As a result, the New York
 State Department of Environmental Conservation (DEC) added the northern segment of
 Hempstead Harbor to the state's 1998 Clean Water Act (CWA) section 303(d) list of impaired
 waters because of pathogens.  A multifaceted effort by the DEC, Nassau County and  munici-
 palities adjacent to the harbor reduced FC pollutant sources and led to the  restoration of
 northern Hempstead Harbor. In June 2011,  after having been closed for  more than 40 years,
 the northern segment of Hempstead Harbor was reopened for shellfishing. DEC proposes
 to remove this segment of the  harbor from the state's  list of impaired waters in 2012.
 Problem
 Hempstead Harbor is an estuarine embayment off
 the Long Island Sound in Nassau County, New York
 (Figure 1). A shellfish harvest restriction was placed
 on the harbor in 1966 because of water quality
 concerns. Data collected in the mid-1990s showed
 elevated pathogen levels that prevented the harbor
 from meeting its shellfishing, primary contact
 recreation and fish consumption uses. As a result,
 DEC added the northern segment of the harbor
 (covering 2,520 acres) to the state's 1998 impaired
 waters list. Nonpoint sources of pollution including
 stormwater runoff, boater waste, waterfowl, and
 failing on-site disposal systems were suspected
 of being the primary problem, with wastewater
 discharges also contributing.

 In 2007 DEC developed an FC total maximum
 daily load (TMDL) for Hempstead Harbor. The
 TMDL called for a 95 percent load reduction from
 nonpoint sources of pollution. The goal was an FC
 geometric mean that did not exceed 14 colonies
 (col) per 100 milliliters (ml), with no more than
 10 percent of all samples exceeding 49 col/100 ml.
 Project Highlights
 The multi-jurisdictional setting around northern
 Hempstead Harbor created a challenge in coordi-
 nating stakeholders and developing partnerships
 to address the FC impairment in the harbor. The
                                           Figure 1. New York's Hempstead Harbor is an estuarine
                                           embayment off the Long Island Sound.

                                           Hempstead Harbor restoration effort is an excellent
                                           example of an integrated, collaborative effort to
                                           control both nonpoint and point sources of pollut-
                                           ants. The Hempstead Harbor Protection Committee
                                           (HHPC), a partnership between state and federal
                                           agencies, Nassau County, local municipalities and
                                           citizen groups, led the development of the Water
                                           Quality Improvement Plan in 1998, as well as the
                                           Harbor Management Plan in 2004.

                                           Since 1995 the HHPC has coordinated implementa-
                                           tion of efforts to address the nonpoint sources of
                                           pollution that were the primary contributors to water

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Figure 2. After being closed for 40 years, the Hempstead Harbor
shellfishery yielded a bountiful clam harvest on opening day.

          quality impairments, such as managing stormwater
          and boater waste. Significant efforts to control and
          manage runoff were initiated prior to the permitting
          of municipal separate storm sewer system (MS4)
          entities in the surrounding watershed. Stormwater
          management practices carried out prior to MS4 per-
          mitting included extensive education and outreach
          efforts, implementing municipal stormwater man-
          agement program plans, and controlling waterfowl.
          These nonpoint source control efforts, together
          with securing the designation of the Harbor as a
          Vessel Waste No Discharge Zone, installing sew-
          ers in previously unsewered areas where onsite
          disposal systems were an issue, and adding  point
          source controls, had a significant impact on improv-
          ing  the harbor's condition.
          Results
          Management efforts have improved water quality in
          the northern segment of Hempstead Harbor. Over
          the pastfive years, water sampling has shown that
          FC levels in northern Hempstead Harbor meet the
          stringent standards for a certified (open) shellfishing
          area. In addition, the results of testing of hard clam
          samples for the presence of various metals, chemi-
          cals (PCBs, dioxins, furans, pesticide residues), and
          radionuclides has supported lifting the shellfishing
          restriction in the area.
                                                             DEC reopened shellfish harvesting areas in
                                                             the northern segment of Hempstead Harbor in
                                                             June 2011 (Figure 2). Continuing monitoring activi-
                                                             ties in the northern segment of Hempstead Harbor
                                                             include sanitary surveys, water quality monitoring
                                                             and shellfish tissue testing. DEC will continue to
                                                             monitor the water quality of these reclassified areas
                                                             as part of its participation in the National Shellfish
                                                             Sanitation Program.

                                                             Because  water quality monitoring conducted by the
                                                             New York State Department of Health and DEC con-
                                                             cluded that the northern segment of Hempstead
                                                             Harbor fully supports shellfish harvesting for human
                                                             consumption, DEC will propose to remove this seg-
                                                             ment from the state's impaired waters list in 2012.
Partners and Funding
Hempstead Harbor has been a focus of federal and
interstate partnerships (such as the Long Island
Sound Study), as well as inter-municipal (particularly
the HHPC), interagency and community partner-
ships of environmental and business groups.

The HHPC supported planning studies, capital
improvement projects, educational outreach, water
quality monitoring, information and technology
sharing, development of model ordinances, coor-
dination of enforcement, and working with other
governmental agencies as well as environmental,
educational,  community and business groups.
The HHPC oversaw the preparation of a Water
Quality Improvement Plan (1998) and the Harbor
Management Plan (2004) for Hempstead Harbor.
The DEC Bureau of Marine Resources has also
worked cooperatively with Hempstead Harbor com-
munities to collect and examine additional water
samples.

The New York Water Quality Improvement Project
program was the principal source of funding for
projects, contributing approximately $8 million
in total funding. This funding supported  sanitary
sewer installation, stormwater runoff management,
and other projects to address nonpoint pollution
sources around the harbor. Other Nassau County
and municipal funds  were also directed to these
efforts.
I
               U.S. Environmental Protection Agency
               Office of Water
               Washington, DC


               EPA841-F-11-001NN
               September 2011
For additional information contact:
Don Tuxill
New York State Department of Environmental
  Conservation
518-402-8168 • detuxill@gw.dec.state.ny.us

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