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$: (E.O sr-«>-..'1:'4chautauqualakeassociation.org/PDFs/Final_Approval_Chautauqua.pdfNEW YORK. NY 10007-1866 ~{ PR01f. v . DEC 2 7 2012 . Mr. Mark Klotz, Director . Division of Water,$
~(EO sr-laquogt--s 14shy UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ~ ft ~ REGION 2~~ 290 BROADWAY

4laquo1- t NEW YORK NY 10007-1866 ~ PR01fv

DEC 2 7 2012

Mr Mark Klotz Director Division of Water 4th Floor New York State Department of Environmental Conservation 625 Broadway Albany New York 12233-3500

Dear Mr Klotz

On November 152012 the US Environmental Protection Agency Region 2 received for review and approval the New York State Department of Environmental Conservations document dated November 2012 Total Maximum Daily Load (TMDL) for Phosphorus in Chautauqua Lake

The EPA Region 2 approves these TMDLs pursuant to Section 303(d)(2) of the Clean Water Act (CWA) and the EPAs implementing regulations at 40CFR 1307(d)(2) The rationale for this approval is provided in the enclosure entitled Review of Total Maximum Daily Load (TMDLs) for Total Phosphorus for Chautauqua Lake New York

These TMDLs address the total phosphorus loadings and impairments in Chautauqua Lake and are established at a level sufficient to attain the NYSDECs water quality guidance value for total phosphorus for the two impaired assessment units in Chautauqua Lake The TMDLs includes aggressive reductions from four point sources runoff from developed and agricultural lands and septic systems

The EPA expects these approved TMDLs will be incorporated in the New York State Water Quality Management Plan

Sincerely

r~ Joan Leary Matthews Director Clean Water Division

Enclosure

Intemet Address (URL) httpwwwepagov RecycledlRecyclable bull Printed with Vegetable 011 Balled Inks on Recycled Piper (MInimum 50 Potconaumer content)

bec F Locicero DEPPCWRBTMDLST (wenclosure) M Krudner DEPPCWRBNPDESS (wenclosure) R OConnor DEPPCWRBTMDLST (wenclosure) J Rollwagen DEPP-WMB M Josilo DEPPCWRBNPDESS (wenclosure) S Jewhurst DEPP-WMB-NYWMS KKramer ORCWGL (wencIosure) TMDLST Reading File (wencIosure) CWRB Reading File (wencIosure)

Review of Total Maximum Daily Loads (TMDLs) for Total Phosphorus for Chautauqua Lake New York

This document contains EPAs review of the above-referenced TMDL This TMDL review document includes TMDL review guidelines that summarize and provide guidance regarding currently effective statutory and regulatory requirements relating to TMDLs These TMDL review guidelines are not themselves regulations Any differences between these guidelines and EP As TMDL regulations should be resolved in favor of the regulations themselves The italicized sections of this document describe EPAs statutory and regulatory requirements for approvable TMDLs The sections in regular type reflect EPAs analysis of New Yorks compliance with these requirements

Section 303d) of the Clean Water Act (CWA) and EPAs implementing regulations at 40 CFR Part 130 describe the statutory and regulatory requirements for approvable TMDLs Additional infonnation is generally necessary for EPA to detennine if a submitted TMDL fulfills the legal requirements for approval under Section 303(d) and EPA regulations and should be included in the submittal package Use of the verb Ilmust below denotes infonnation that is required to be submitted because it relates to elements of the TMDL required by the CWA and by regulation Use of the tenn should below denotes infonnation that is generally necessary for EPA to detennine if a submitted TMDL is approvable

1 Identification of Waterbody Pollutant of Concern Pollutant Sources and Priority Ranking

The TMDL submittal should identify the waterbodyas it appears on the StatesTribes 303(d) list The waterbody should be identifiedlgeoreferenced using the Nationll Hydrography Dataset (NHD) and the TMDL should clearly identify the pollutant for which the TMDL is being established In addition the TMDL should identify the priority ranking ofthe waterbody and specify the link between the pollutant ofconcern and the water quality standard (see section 2 below)

The TMDLsubmittal should include an identification ofthe point and nonpoint sources ofthe pollutant ofconcern including location ofthe source(s) and the quantity ofthe loading eg lbsper day The TMDL should provide the identification numbers ofthe NPDES permits within the waterbody Where it is possible to separate natural backgroundfrom nonpoint sources the TMDL should include a description ofthe natural background This information is necessary for EPAs review ofthe load and wasteload allocations which are required by regulation

The TMDL submittal should also contain a description ofany important assumptions made in developing the TMDL such as (1) the spatial extent ofthe watershed in which the impaired waterbody is located (2) the assumed distribution ofland use in the watershed (eg urbanforested agriculture) (3) population characteristics wildlife resources and other

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relevant information affecting the characterization ofthe pollutant ofconcern and its allocation fo sources (4) present andfuture growth trends if taken into consideration in preparing the TMDL (eg the TMDL could include the design capacity ofa wastewater treatment facility) an(5) an explanation and analytical basis for expressing the TMDL through surrogate measures (applicable Surrogate measures are parameters such as percent Jines and turbidity for ~ediment impairments chlorophyll a and phosphorus loadings for excess algae length of riparian buffer or number ofacres ofbest management practices

A Identification of Water bodies and Background Information

On November 152012 EPA received for review and approval the New York State Department of Environmental Conservation (NYSDEC) document Total Maximum Daily Load (TMDL) for Phosphorus in the Chautauqua Lake Chautauqua County New York (TMDL document)

Along with the TMDL document a copy of the notice seeking public comment and a companion document responding to public comments were submitted Collectively these documents are referred to as the TMDL submittals The waterbodies identified in the TMDLdocument are identified on the New York 2010 303( d) list as Chautauqua Lake south (0202-0020) and Chautauqua Lake north (0202-0072)

Chautauqua Lake is situated in Chautauqua County within the Towns of Chautauqua North Harmony Busti Ellicott Ellery Stockton Harmony Portland and Sherman the Villages of Panama Bemus Point Lakewood Mayville Celeron and the city of Jamestown Chautauqua Lake has a drainage area of 10216 acres excluding the surface area of the lake Table 1 in the Chautauqua Lake TMDL document shows the land uses in both acres and percent within the Chautauqua Lake drainage basin

The existing land use and land cover for Chautauqua Lake was determined from digital aerial photography and geographical information system (GIS) datasets Digital Land useland cover data were obtained from Bergmann Associates (NYSDEC personal communication 2010)

B Pollutant of Concern

The pollutant of concern for Chautauqua Lake is total phosphorus The results of various sampling efforts for Chautauqua Lake shows eutrophic conditions with total phosphorus concentrations exceeding the state guidance value of20 IlgL of total phosphorus for both assessment units (north and south)

C Pollutant Sources

There are 13 permitted wastewater treatment plants one Confined Animal Feeding Operation (CAFO) and one Fish Hatchery discharger in the north basin of Chautauqua Lake and during the modeling simulation period there were 9 permitted wastewater treatment plants in the South

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basin of Chautauqua Lake There are no MS4 dischargers in either basin

The nonpoint sources of total phosphorus for Chautauqua Lake (north and south) include agricultural runoff (surface runoff and subsurface) residential onsite septic systems urban and residential development runoff (surface runoff and subsurface) quarry internal loading (phosphorus stored in the sediment) and forest wetland stream bank and natural background runoff In addition to these nonpoint sources of total phosphorus Chautauqua Lake-south has a total phosphorus load from the Chautauqua Lake-north assessment unit

D Priority Ranking

The Chautauqua Lake north and south assessment units are ranked as high priority for TMDL development on the New York State 2010 Section 303(d) List ofImpaired Waters

EPA finds that these TMDLs meet the requirements for describing the waterbody the pollutant of concern pollutant sources and priority ranking

2 Description ofthe Applicable Water Quality Standards and Numeric Water Quality Target

The TMDL submittal must include a description ofthe applicable StateTribal water quality standard including the designated users) ofthe waterbody the applicable numeric or narrative water quality criterion and the antidegradation policy (40 CFR sect1307(c)(J)) EPA needs this information to review the loading capacity determination and load and waste load allocations which are required by regulation

The TMDL submittal must identify a numeric water quality target(s) - a quantitative value used to measure whether or not the applicable water quality standard is attained Generally the pollutant ofconcern and the numeric water quality target are respectively the chemical causing the impairment and the numeric criteria for that chemical (eg chromium) contained in the water quality standard The TMDL expresses the relationship between any necessary reduction ofthe pollutant ofconcern and the attainment ofthe numeric water quality target Occasionally the pollutant ofconcern is different from the pollutant that is the subject of the numeric water quality target (eg when the pollutant ofconcern is phosphorus and the numeric water quality target is expressed as Dissolved Oxygen (DO) criteria) In such cases the TMDL submittal should explain the linkage between the pollutant ofconcern and the chosen numeric water quality target

Both the Chautauqua Lake north and south basins are designated by the New York State Department ofEnvironmental Conservation (NYSDEC) as Class A waters The best usages ofClass A waters are a source of water supply for drinking culinary or food processing purposes primary and secondary contact recreation and fishing The waters shall be suitable for fish shellfish and wildlife propagation and survival (6 NYCRR Part 7016 (a)) This classification may be given to those waters

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that if subjected to approved treatment equal to coagulation sedimentation filtration and disinfection with additional treatment if necessary to reduce naturally present impurities meet or will meet New York State Department of Health drinking water standards and are or will be considered safe and satisfactory for drinking water purposes (6 NYCRR Part 7016 (braquo

Total phosphorus in waters designated Class A are addressed under New Yorks narrative surface water quality standards for nutrients found at Part 703 of New York State Code Rules and Regulations (1lYSCRR) The narrative criterion for total phosphorus and nitrogen found at Part 7032 is None in amounts that will result in growths ofalgae weeds and slimes that will impair the water for their best usages

As part of its Technical and Operational Guidance Series (TOGS 111 and accompanying fact sheet (NYS 1993) NYSDEC has suggested that for waters classified as ponded (ie reservoirs and ponds excluding Lake Erie Ontario and Champlain) the epilimnetic summer mean total phosphorus concentration (from June I to September 30) shall not exceed 20 flgL (or 002 mgL) This guidance value which is based on aesthetic effects for primary and secondary contact recreation represents NYSDECs interpretation of its narrative criterion for total phosphorus found at 6 NYCRR sect 7032 The guidance value of20lgL corresponds to a mesotrophic status This value represents a transition between a eutrophic to a mesotrophic lake Achieving the 20 lgL is expected to reduce in~lake impacts associated with eutrophication and improve the quality of the lake as a source of drinking water and will assure that the best use ofa Class A waterbody a source ofwater supply for drinking as specified in 6 NYCRR Part 70 16 (b) will be met

The TMDL target for Chautauqua Lake-south is 20 lgL total phosphorus In order to achieve the 20 lgL target in the Chautauqua Lake-south the target in Chautauqua Lake-north (which flows into Chautauqua Lake-south) is 17 lgL

EPA finds that these TMDLs meet the requirements for identifying the applicable water quality standard and numeric water quality targets

3 Loading Capacity - Linking Water Quality and Pollutant Sources

A TUDL must identify the loading capacity oja water body Jor the applicable pollutant EPA regulations define loading capacity as the greatest amount oja pollutant that a water can receive without violating water quality standards (40 CFR sectJ302(j))

The pollutant loadings may be expressed as either mass-per-time toxicity or other appropriate measure (40 CFR sectJ302(i)) Jfthe TUDL is expressed in terms other than a daily load eg an annual load the submittal should explain why it is appropriate to express the TUDL in the unit oJmeasurement chosen The TUDL submittal should describe the method used to establish the cause-and-effect relationship between the numeric target and the identified pollutant sources In many instances this method will be a water quality model

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The TMDL submittal should contain documentation supporting the TMDL analysis including the basis for any assumptions a discussion ofstrengths and weaknesses in the analytical process and results from any water quality modeling EPA needs this information to review the loading capacity determination and load and wasteoad allocations which are required by regulation

TMDLs must take into account critical conditions for steam flow loading and water qualify parameters as part ofthe analysis ofloading capacity (40 CFR sectJ 30 7(c)(1) ) TMDLs should define applicable critical conditions and describe their approach to estimating both point and non point source loadings under such critical conditions In particular the TMDL should discuss the approach used to compute and dlocate nonpoint source loadings eg meteorological conditions and land use distribution

A Loading Capacity

The loading capacity for Chautauqua Lake was determined by using the BATHTUB I model The BATHTUB model was used to calculate the maximum concentration of total phosphorus that results in compliance with the TMDL target The BATHTUB model simulates the fate and transport of nutrients and water quality conditions in response to nutrient loads to a lake BATHTUB performs steady-state water and nutrient balance calculations in a spatially segmented hydraulic network that accounts for advective and diffusive transport and nutrient sedimentation The BATHTUB model predicts eutrophication-related water quality conditions (total phosphorus total nitrogen chlorophyll a transparency and hypolimnetic oxygen depletion) using empirical relationships previously developed and tested for reservoir applications The BATHTUB model has been previously applied to north temperate lakes with characteristics similar to those of Chautauqua Lake Appendix B of the Chautauqua Lake TMDL document discusses the setup calibration and use of the BATHTUB model

The ArcView Generalized Watershed Loading Function model (AVGWLF)2 was used to calculate the current nonpoint source loads of total phosphorus to Chautauqua Lake Using simulated flow from A VGWLF the maximum concentrations calculated by BATHTUB for Chautauqua Lake was converted into loading rates

The AVGWLF was initially calibrated and validated for 22 watersheds throughout New York and New England for the period of 1997- 2004 The model was fine-tuned by including additional calibration sites in New York to supplement data from the original northeast model calibration and verification sites Two models were developed based on the Eastern Great LakesHudson Lowlands area and the Northeastern Highlands area and calibrated to better reflect local conditions and ecological and

1 Flux Profile and BATHTUB Simplified Procedure for Eutrophication Assessment and Prediction January 2004 The United States Army Corps of Engineers Engineer Research and Development Center httpelerdcusacearmymilelmodelsemiinfohtml

2 Haith DA and LL Shoemaker 1987 Generalized Watershed Loading Functions for Stream Flow Nutrients Water Resources Bulletin 23(3) pp471-478

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hydrological processes Information on these sites can be found in Appendix A in the TMDL document By calibrating the model within watersheds with available data the A VGWLF model estimates the dissolved and total nutrient loadings to a stream from complex watersheds even when tributary water quality data are not available using Geographic Information Systems (GIS) software interface

A VGWLF was used to calculate the long-term mean annual total phosphorus loading for the period of 1990- 2007 for Chautauqua Lake Using these nonpoint source loads as the input BATHTUB was used to simulate the water quality for both assessment units in Chautauqua Lake The observed versus simulated data was compared and the comparison demonstrated that the combined use of AVGWLF and BATHTUB provides a good fit to the observed data for both assessment units in Chautauqua Lake (Chautauqua Lake-North and Chautauqua Lake-South) This shows that the model was calibrated Figures 11 and 12 in the TMDL document compare the observed versus simulated data for the North and the South Chautauqua Lake assessment units

The BATHTUB model was used as a diagnostic tool to calculate the total phosphorus load reduction required to achieve the total phosphorus targets for Chautauqua Lake The total phosphorus loading capacity for both Chautauqua Lake assessment units was calculated by running BATHTUB iteratively and reducing the concentration of total phosphorus within the drainage basins until the model results demonstrated attainment of the water quality targets The maximum concentration that results in compliance with the TMDL target for total phosphorus is used as the basis for determining the loading capacity This concentration is then converted into a loading rate for each non point source using simulated flow from AVGWLF

The calculated loading capacity (TMDL) of228 lbsday for Chautauqua Lake-north and 308 Ibsday for Chautauqua Lake-south will result in meeting the water quality target of 20 ~gL total phosphorus for Chautauqua Lake-south and the water quality target of 17 ~gL total phosphorus for Chautauqua Lakeshynorth These TMDLs waste load allocations (WLA) load allocations (LA) and margin of safety (MOS) are identified in Table I and 2 in Appendix A of this document

B Cause-and-Effect Relationship between Numeric Target and Pollutant

In lakes total phosphorus is typically the limiting nutrient Excess inputs of total phosphorus result in eutrophication which is mainly associated with algal blooms and low dissolved oxygen levels in the hypolimnion along with taste odor and color problems By reducing the input of total phosphorus the impacts associated with eutrophication are reduced The TMDL target for total phosphorus is applied as an epilimnetic summer mean total phosphorus concentration that will result in water quality standards being met year round throughout the lakes The TMDL target for Chautauqua Lake south basin is 20 ~gL In order to achieve the 20 ~gL total phosphorus target in the south basin the target in the north basin (which flows into the south) must be set at 17 ~gL

C Critical Conditions

The critical condition for Chautauqua Lake is the summer growing season (June 1 through September 30) While A VGWLF takes into account loadings from all periods throughout the year including spring loads the BATHTUB model simulations were compared against observed data during the critical

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growing season Meeting the TMDL targets of 20 flgL and 17 giL total phosphorus during the critical summer growing period ensures that the standard is achieved throughout the year

EPA concludes that the loading capacity has been adequately identified and critical conditions have been considered

4 Load Allocations (LAs)

EPA regulations require that a TMDL include LAs which identify the portion ofthe loading capacity attributed to existing andfuture nonpoint sources and to natural background Load allocations may rangefrom reasonably accurate estimates to gross allotments (40 CFR sectJ302(g)) Where possible load allocations should be described separately for natural background and nonpoinl sources

The TMDL for Chautauqua Lake-north provides LAs for malfunctioning septic systems internal loading (phosphorus stored in the sediment) and the following land uses forest wetland stream bank and natural background (surface runoff and groundwater) developed land (surface runoff and groundwater) quarry and agricultural land (surface runoff and groundwater)

The TMDL for Chautauqua Lake-south provides LAs for malfunctioning septic systems internal loading (phosphorus stored in the sediment) loading from Chautauqua Lake-north and the following land uses forest wetland stream bank and natural background (surface runoff and groundwater) developed land (surface runoff and groundwater) quarry and agricultural land (surface runoff and groundwater)

Chautauqua Lake has been exposed to nutrient loading that is higher than its assimilative capacity Over time much of this excessive total phosphorus has been deposited into the bottom sediments Internal phosphorus loading from lake sediments can be an important component of the phosphorus budget for lakes especially shallow lakes Excess phosphorus in a lakes bottom sediments is available for release back into the water column when conditions are favorable for nutrient release The contributions of phosphorus from internal loading in Chautauqua Lake are expected to resolve over time as the external phosphorus loads are decreased

Tables 1 and 2 in Appendix A of this document list the current loading for each source and the load allocations needed to meet the TMDL for Chautauqua Lake south and north

EP A concludes that the TMDLs have identified load allocations for nonpoint sources of total phosphorus

5 Wasteload Allocations (WLAs)

EPA regulations require that a TMDL include WLAs which identify the portion ofthe loading capacity allocated to individual existing andfuture point source(s) (40 CFR sect1302(h) 40 CFR sectJ302(i)) In some cases WLAs may cover more than one discharger eg ifthe source is contained within a general permit

The individual WLAs may take the form ofuniform percentage reductions or individual mass 7

based limitations for dischargers where it can be shown that this solution meets WQSs and does not result in localized impairments These individual WLAs may be adjusted during the NPDES permitting process Ifthe WLAs are adjusted the individual effluent limits for each permit issued to a discharger on the impaired water must be consistent with the assumptions and requirements ofthe adjusted WLAs in the TMDL Ifthe WLAs are not adjusted effluent limits contained in the permit must be consistent with the individual WLAs specified in the TMDL Ifa draft permit provides for a higher load for a discharger than the corresponding individual WLA in the TMDL the StateTribe must demonstrate that the total WLA in the TMDL will be achieved through reductions in the remaining individual WLAs and that localized impairments will not result All permitees should be notified ofany deviations from the initial individual WLAs contained in the TMDL EPA does not require the establishment ofa new TMDL to reflect these revised allocations as long as the total WLA as expressed in the TMDL remains the same or decreases and there is no reallocation between the total WLA and the total LA

There are 13 traditional NPDES dischargers and no MS4 dischargers in the Chautauqua Lake-north drainage basin The 13 NPDES dischargers include Chautauqua Heights Sewer District North Chautauqua Lake Sewer District Sewage Treatment Plant Snow Ridge Motel Crosswinds Chedwel Club Condos Bayberry Landing Condo Assn Lake Chautauqua Lutheran Center Mallard Cove Subdivision Andriaccio Restaurant Wee Wood Park Chautauqua Heights Campgrounds Chautauqua State Fish Hatchery and the Chautauqua Utility District STP

The current regulated permitted dischargers in Chautauqua Lake-North account for 15304Ibsday of the total phosphorus loading per day (54874 lbsyr) There is one regulated concentrated animal feeding operation (CAFO) Country Ayre Farms LLC in the Chautauqua Lake-North watershed NPDES permits for CAFOs require that the facility be designed constructed and operated to have no discharge of pollutants to navigable waters unless caused by a catastrophic storm (24-hour duration exceeding the 25-year recurrence interval) CAFOs must comply with their no-discharge permitted requirements therefore loading from the Country Ayre Farms LLC CAFO is assumed to be zero (0) The total WLA reduction of 12161 lbsday or an 81 percent reduction is needed to achieve the Chautauqua Lake-north TMDL

At the time of the modeling analysis there were 9 traditional NPDES dischargers and no MS4 NPDES dischargers in the Chautauqua Lake-south drainage basin The 9 NPDES dischargers include South and Center Chautauqua Lake Wastewater Treatment Plant Maplehurst Country Club Lakeside Auto Court Sunshine Mobile 110me Park Ashville Fire Department Training Center Maple Grove High School Panama Central School Sewage Treatment Plant Wellman Road Trailer park and Hewes Educational Center

In 2011 the Hewes Educational Center was connected to the South and Center Chautauqua Lake WWTP The load from the Hewes Educational Center was included in the analysis because the facility was active and discharging during the simulation period The current regulated permitted dischargers account for 276 lbsday of the total phosphorus loading per day (1008 lbsyr) The total WLA reduction of 1744 lbsday or a 63 percent reduction is needed to achieve the Chautauqua Lake-south TMDL

NYSDEC has indicated it may allow tradingoffsets among the regulated point source discharges While EPA Region 2 supports tradingoffsets NYSDEC must not allow the sum of the WLAs to be exceeded

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If the sum of the WLAs is exceeded NYSDEC must revise the TMDL provide public notice of the revised TMDL and submit the revised TMDL to EPA for its review and approval See the implementation section for more comments on NYSDECs proposed offset approach

Based on the above EPA concludes that these TMDLs have established WLAs that will ensure that water quality standard is achieved

6 Margin of Safety (MOS)

The statute and regulations require that a TMDL include a margin ofsafety (MOS) to account jor any lack ofknowledge concerning the relationship between load and wasteload allocations and water quality (CWA sect303(d)(1)(C) 40 CFR sect130 7(c)(1)) EPA IS 1991 TMDL Guidance explains that the MOS may be implicit ie incorporated into the TMDL through conservative assumptions in the analysis or explicit ie expressed in the TMDL as loadings set aside for the MOS Ifthe MOS is implicit the conservative assumptions in the analysis that account for the MOS must be described Ifthe MOS is explicit the loading set aside for the MOS must be identified

The TMDLs for Chautauqua Lake North and South incorporates an explicit MOS of 10 of the loading capacities

The 10 MOS applied to Chautauqua Lake North and South are considered appropriate to address the uncertainty in the TMDLs based on the generally good agreement between the A VGWLF loading model and the observed loading and flow data and the good agreement between the BATHTUB water quality model and the observed water quality data for Chautauqua Lake

EPA concludes that the TMDLs incorporate an adequate margin of safety

7 Seasonal Variation

The statute and regulations require that a TMDL be established with consideration ofseasonal variations The TMDL must describe the method chosen for including seasonal variations (CWA sect303 (d)(1)(C) 40 CFR sect130 7(c)(1))

The BATHTUB model addresses seasonal variation by incorporating total phosphorus as a seasonal average for the summer growing season when conditions are optimal for the available total phosphorus to produce nuisance algal growth This is supported in EPA guidance (EPA 4404-90-006 p 7173) specifically Eutrophication models are geared to predicting average water quality conditions over a growing season or year

Seasonal variation is also represented in this TMDL by taking 14 years of daily precipitation data when calculating runoff through AVGWLF as well as by estimating septic system loading inputs based on residency (ie seasonal-summer growing season)

EPA concludes that the TMDLs have adequately considered seasonal variation to ensure that the water quality standard is achieved throughout the year

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8 Reasonable Assurances

When a TMDL is developedfor waters impaired by point sources only the issuance ofa National Pollutant Discharge Elimination System (NPDES) permit(s) provides the reasonable assurance that the wasteload allocations contained in the TMDL will be achieved This is because 40 CFR 12244(d)(l)(vii)(B) requires that effluent limits in permits be consistent with the assumptions and requirements ofany available wasteload allocation in an approved TMDL

When a TMDL is developedfor waters impaired by both point and nonpoint sources and the WLA is based on an assumption that nonpoint source load reductions will occur EPAs 1991 TMDL Guidance stales that the TMDL should provide reasonable assurances that nonpoint source control measures will achieve expected load reductions in orderfor the TMDL to be approvable This iniJrmation is necessaryfor EPA to determine that the TMDL including the load and wasteload allocations has been established at a level necessary to implement water quality standards

EPAs August 1997 TMDL Guidance also directs Regions to work with States to achieve TMDL load allocations in waters impaired only by nonpoint sources However EPA cannot disapprove a TMDL for nonpoint source-only impaired waters which do not have a demonstration ofreasonable assurance that LAs will be achieved because such a showing is not required by current regulations

Point source reductions will be achieved by implementation of respective wasteload allocations through NPDES permit requirements

The Chautauqua Lake-north and south TMDLs require reductions in total phosphorus among the following nonpoint source categories agriculture (surface and groundwater) developed land (surface and groundwater) septic systems and internal loading Along with these nonpoint source reductions Chautauqua Lake-south has a nonpoint total phosphorus load from Chautauqua Lake-north which also requires a reduction Measures to address reductions in loadings of total phosphorus from these sources are described in the Implementation Section below A 71 and 81 percent total LA reduction in total phosphorus distributed among the nonpoint sources mustbe achieved for Chautauqua Lake-south and north to meet their total phosphorus TMDL targets respectively

EPA concludes that these TMDLs provide reasonable assurance that nonpoint source load reductions will occur

9 Monitoring Plan to Track TMDL Effectiveness

EPAs 1991 document Guidance for Water Quality-Based Decisions The TMDL Process (EPA 4404-91-001) recommends a monitoring plan to track the effectiveness ofa TMDL particularly when a TMDL involves both point and nonpoint sources and the WLA is based on an assumption that nonpoint source load reductions will occur Such a TMDL should provide assurances that nonpoint source controls will achieve expected load reductions and such TMDL should include a monitoring plan that describes the additional data to be collected to determine iflhe load reductions providedfor in the TMDL are occurring and leading to attainment ofwater quality standards

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A monitoring program is included in the Chautauqua Lake TMDL document (see Section 72 of the Chautauqua Lake TMDL document) The purpose of the monitoring program is to track the effectiveness of the implementation plan controls and to develop baseline and trend information for Chautauqua Lake The monitoring sampling plan for Chautauqua Lake includes

bull samples taken at the deepest location in both north and south basins bull 8 sampling events during the summer growing season (June through September) bull grab samples at 15 meters and in the hypolimnion bull sample analysis for phosphorus (total phosphorus total soluble phosphorus and soluble reactive

phosphorus) bull sample analysis for nitrogen (nitrate ammonia and total nitrogen) bull sample analysis for chloride bull epilimnetic samples analyzed for chlorophyll a bull macrophyte survey and bull secchi disk depth measurement

10 Implementation

EPA policy encourages Regions to work in partnership with StatesTribes to achieve nonpoint source load allocations establishedfor 303(d)-listed waters impaired by nonpoint sources Regions may assist StatesTribes in developing implementation plans that include reasonable assurances that nonpoint source LAs established in TMDLs for waters impaired solely or primarily by nonpoint sources will in fact be achieved In addition EPA policy recognizes that other relevant watershed management processes may be used in the TMDL process EPA is not required to and does not approve TMDL implementation plans

The TMDL submittal identifies several actions designed to address reductions in total phosphorus from a variety of sources The TMDLs allocate the greatest reductions to the four largest traditional NPDES point sources in the Chautauqua Lake watershed These facilities represent the most technologically achievable place to attain load redu~tions NYSDEC provides the option of participating in a bubble permit to the three largest traditional NPDES regulated dischargers in the North basin (Chautauqua Heights Sewer District North Chautauqua Lake Sewer District and Chautauqua Utility District) A bubble permit sums the individual loads from each facility to calculate a combined total load A permittee is in compliance with the bubble permit as long as the combined total load does not exceed the total WLA for these facilities NYSDEC will also provide WLA offset credits to a facility that provides sewer service to areas with septics or for accepting wastewater from any private commercial and institutional dischargers in the watershed

While Region 2 is supportive of using offsets to meet water quality goals NYSDEC does not have an existing policy regarding offset trading If offsets are to be allowed by these NPDES regulated point source dischargers NYSDEC should consult with EPA on how the offsets would be implemented prior to including offsets in their permits Furthermore EPA has issued a policy on water quality trading and is currently in the process of developing regulations to address offsets

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In addition to the major SPDES dischargers there are numerous private commercial and institutional NPDES-permitted dischargers in both the north and south basins Based on the nature oftreatment provided by these small systems it is not financially feasible to require phosphorus reductions However minor reductions will in fact be achieved through the passage of the Household Detergent and Nutrient Runoff Law It is further recommended that that these facilities tie to into the municipal sewer system where available

There are four recommended phosphorus management strategies for the implementation of the Chautauqua Lake TMDLs which address septic systems agricultural and urban stormwater runoff and additional protection measures as needed

Strategies for phosphorus management for septic systems in the Chautauqua Lake North and South drainage basins include

bull investigation of municipal sewer system expansion for high priority areas such as existing lakefront development not currently served

bull the formation of a management district which could receive funding from New York State for the abatement of inadequate onsite wastewater systems

bull a surveying and testing program to document the location of septic systems and verifY failing systems that require replacement in accordance with the State Sanitary Code or Watershed Rules and Regulations and

bull education of homeowners on proper maintenance of septic systems through the States On site Wastewater Treatment Training Network (OTN)

Country Ayre Farms LLC is regulated via the federally-issued NPDES General Permits for CAFOs and is located in the Chautauqua Lake-North watershed Discharges from this CAFO are considered to be de minimus since the barnyard is required to contain runoff from a 25-year 24-hour rainfall event Consequently this CAFO is given a WLAfor zero (0)

The agricultural reductions required for Chautauqua Lake will be addressed through the Agricultural Environmental Management (A EM) program AEM uses a voluntary approach to meeting water quality objectives and serves as the umbrella for integrating and coordinating all local state and federal agricultural programs AEM provides a locally-led coordinated and confidential planning and assessment method that addresses watershed n~eds The AEM relies on a five-tiered process which includes (1) survey of current activities and future plans (2) documentation of current land stewardship and identification of areas of concern (3) development of a conservation plan (4) implementation of the plan using available financial educational and technical assistance and (5) conducting evaluations to ensure the protection of the environment and farm viability

Tier 1 could be used to identifY farmers that for economic or personal reasons may be changing or scaling back operations or contemplating selling land These farms would be candidates for conservation easements or conversion of cropland to hay as would farms identified in Tier 2 with highly-erodible soils andor needing stream management Tier 3 should include a Comprehensive Nutrient Management Plan with phosphorus indexing Additional practices could be fully implemented in Tier 4 to reduce phosphorus loads such as conservation tillage stream fencing rotational grazing and cover crops Also riparian buffers reduce loads from upland fields and stabilize stream banks in addition

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to reducing loads by taking land out of production

For Chautauqua Lake there are several measures in the watershed management plan that if implemented would greatly reduce the urban stormwater total phosphorus load These measures include

bull watershed municipalities working with the Chautauqua County Soil amp Water Conservation District the Chautauqua County Department of Planning and Economic Development and the Watershed Coordinator to develop and implement a stormwater sedimentation and erosion control ordinance

bull public education bull management practices for the handling storage and use of roadway deicing products bull management practices to address significant existing erosion sites bull construction site and post construction runoff control ordinance and inspection and enforcement

programs and bull pollution prevention practices for road and ditch maintenance

Other measures to further protect water quality and limit growth resulting in increased loads of total phosphorus that would otherwise offset load reduction efforts should be considered The basic protections afforded by local zoning ordinances could be enhanced to limit non-compatible development preserve natural vegetation along shorelines and promote smart growth Identification of wildlife habitats sensitive environmental areas and key open spaces within the watershed could lead to their preservation or protection by way of conservation easements or other voluntary controls

Internal loading is a result of phosphorus being stored in Chautauqua Lake after years of excessive phosphorus loading The contribution of phosphorus from internal loading in Chautauqua Lake is expected to resolve over time as the external phosphorus loads are decreased

Further information on implementation can be viewed in Section 7 in the Chautauqua Lake TMDL document

11 Public Participation

EPA policy is that there should be full and meaningful public participation in the TMDL development process The TMDL regulations require that each StateTribe must subject calculations to establish TMDLs to public review consistent with its own continuing planning process (40 CFR sect130 7(c)(I)(ii)) In guidance EPA has explained that final TMDLs submitted to EPA for review and approval should describe the StatesTribes public participation process including a summary of significant comments and the StatesTribes responses to those comments When EPA establishes a TMDL EPA regulations require EPA to publish a notice seeking public comment (40 CFR sectI30 7(d)(2))

Provision ofinadequate public participation may be a basis for disapproving a TMDL IfEPA determines that a StateTribe has not provided adequate public participation EPA may defer its approval action until adequate public participation has been provided for either by the StateTribe or by EPA

Two separate public notices were provided in the Environmental Notice Bulletin (ENB) July 28 2010 13

and July 272011 after revisions were made to the allocations and implementation plan In August 2011 the document was reissued and distributed to stakeholders for additional review and comment

Each ENS notice provided a 30-day public review period for soliciting writtcn comments from stakeholders prior to the finalization and submission of the TMDLs for EPA approval NYSDEC comments and response to those comments can be seen in Section 8 in the Chautauqua Lake TMDL document

EPA has concluded that the State provided adequate public participation and has responded to comments

12 Submittal Letter

A submittal letter should be included with the TMDL submittal and should specify whether the TMDL is being submitted for a technical review or final review and approval Eachfinal TMDL submitted to EPA should be accompanied by a submittal letter that explicitly states that the submittal is afinal TMDL submitted under Section 303(d) ofthe Clean Water Actfor EPA review and approval This clearly establishes the StatesTribes intent to submit and EPAs duty to review the TMDL under the statute The submittal letter whether for technical review or final review and approval should contain such identifYing information as the name and location ofthe waterbody and the pollutant(s) ofconcern

The Chautauqua Lake TMDLs were received (via e-mail) by EPA Region 2 on November 152012 and were accompanied by a letter dated November 15 2012 requesting EPAs review and approval of the TMDLs

13 Administrative Record

While not a necessary part ofthe submittal to EPA the StateTribe should also prepare an administrative record containing documents that support the establishment ofand calculationsallocations in the TMDL Components ofthe record should include all materials relied upon by the StatelTribe to develop and support the calculationsallocations in the TMDL including any data analyses or scientifictechnical references that were used records ofcorrespondence with stakeholders and EPA responses to public comments and other supporting materials This record is needed to facilitate public andor EPA review ofthe TMDL

NYSDEC has prepared an administrative record to support these TMDLs it is available at NYSDECs offices in Albany New York

14

Appendix A Table 1 Total Daily Phosphorus Load Allocations for Chautauqua Lake-North I

Source

I

Total Phosphorus Load lbsday

Total Phosphorus Reduction

Current TMDL Ibsday 00

Load Allocation (LA) Agriculture 30846 5645 25201 82 Developed Land 5158 2802 2356 46 Septic Systems 2671 0591 2080 78

0Quarry 0004 0004 0000 Forest Wetland Stream Bank and Natural Background

3561 3561 0000 0 ---_

Internal Loading 19218 5049 14170 74 Subtotal 61487 17660 43827 71

Wasteload Allocation (WLA) Chautauqua Heights Sewer District (NY0269450)

0333 0099 0235 70

North Chautauqua Lake Sewer District STP (NY0020826)

6320 0930 5395 85

Chautauqua Utility District STP (NY0029769)

7876 1350 6532 83

Snow Ridge Motel (NY0203080) 0009 0009 0000 0 Crosswinds (NY0203807) 0120 0120 0000 0 Chedwel Club Condos (NY0203696) 0075 0075 0000 0 Bayberry Landing Condo Assn (NY0060348)

0072 0072 0000 0

Lake Chautauqua Lutheran Center (NYO 1025 80)

0058 0058 0000 0

Mallard Cove Subdivision (NY0204935) 0016 0016 0000 0 Andriaccio Restaurant (NY0203882) 0006 0006 0000 0 Wee Wood Park (NYOI0287074) 0020 0020 0000 0 Chautauqua Heights Campgrounds (NYOI281663)

0058 0058 0000 0

Chautauqua State Fish Hatchery (NY0035441)

0061 0061 0000 0

Country Ayre Farms LLC (GP009001) 0 0 0 0 Subtotal 15034 2873 12161 81

Margin of Safety --shy 228 --shy --shyTOTAL

- - - -------------shy76521 22815 --shy ---

IThe values reported in Table I are the daily integrated values The annually equivalent values are provided in the TMDL document In calculating the daily values numbers were rounded and may not necessarily add up exactly to the sums shown in the table

15

lnc1udes total phosphorus transported through surface runoff and subsurface (groundwater)

Table 2 Total Daily Phosphorus Load Allocations for Chautauqua Lake-South

Source Total Phosphorus Total Phosphorus

Load lbsday Reduction Current TMDL lbsday 00

Agriculture 20787 3381 17406 84 Developed Land 13730 7948 5782 42 Septic Systems 1970 1288 0682 35 Quarry 0021 0021 0000 0 Forest Wetland Stream Bank and Natural

3599 3599 0000 0Background Internal Loading 79802 0000 79802 100 Load from North Lake 22160 10452 11708 53

Subtotal 142069 26689 115380 81 Wasteload Allocation (WLA)

South amp Center Chautauqua Lake WWTP 2305 0619 1688 73

(NY0106895) Maplehurst Country Club (NY0204102) 0016 0016 0000 0 Lakeside Auto Court (NYO 126365) 0031 0031 0000 0

~-

Sunshine Mobile Home Park (NY0203769) 0056 0056 0000 0f----

Ashville Fire Dept Training Center (NY0258539) 0014 0014 0000 0 Maple Grove High School (NY0097527) 0150 0150 0000 0 Panama Central School STP (NY0076619) 0113 0113 0000 0 Wellman Road Trailer Park (NY0076619) 0017 0017 0000 0 Hewes Educational Center(NY0026964) 0058 000 0058 100 - shy

Subtotal 2760 1016 1744 63 Margin of Safety --shy 30783 --shy --shy

TOTAL 144829 30783 --shy --shy

I The values reported in Table I are the daily integrated values The annually equivalent values are provided in the TMDL document In calculating the daily values numbers were rounded and may not necessarily add up exactly to the sums shown in the table lnc1udes total phosphorus transported through surface runoff and subsurface (groundwater) Note this value was omitted from NYs Tables included in Appendix 12 of the TMDL document As described in this document all of Hewes Educational Centers allocated loads have been added to the South amp Center Chautauqua Lake WWTP TMDL

16

LI

bec F Locicero DEPPCWRBTMDLST (wenclosure) M Krudner DEPPCWRBNPDESS (wenclosure) R OConnor DEPPCWRBTMDLST (wenclosure) J Rollwagen DEPP-WMB M Josilo DEPPCWRBNPDESS (wenclosure) S Jewhurst DEPP-WMB-NYWMS KKramer ORCWGL (wencIosure) TMDLST Reading File (wencIosure) CWRB Reading File (wencIosure)








1









C Pollutant Sources


2



D Priority Ranking







3









4



A Loading Capacity






5









6



















8













9










10




10 Implementation




11











12
















12 Submittal Letter






14


Source

I






3561 3561 0000 0 ---_



0333 0099 0235 70


6320 0930 5395 85


7876 1350 6532 83


0072 0072 0000 0


0058 0058 0000 0


0058 0058 0000 0


0061 0061 0000 0



- - - -------------shy76521 22815 --shy ---


15










~-




TOTAL 144829 30783 --shy --shy


16

LI








1









C Pollutant Sources


2



D Priority Ranking







3









4



A Loading Capacity






5









6



















8













9










10




10 Implementation




11











12
















12 Submittal Letter






14


Source

I






3561 3561 0000 0 ---_



0333 0099 0235 70


6320 0930 5395 85


7876 1350 6532 83


0072 0072 0000 0


0058 0058 0000 0


0058 0058 0000 0


0061 0061 0000 0



- - - -------------shy76521 22815 --shy ---


15










~-




TOTAL 144829 30783 --shy --shy


16

LI









C Pollutant Sources


2



D Priority Ranking







3









4



A Loading Capacity






5









6



















8













9










10




10 Implementation




11











12
















12 Submittal Letter






14


Source

I






3561 3561 0000 0 ---_



0333 0099 0235 70


6320 0930 5395 85


7876 1350 6532 83


0072 0072 0000 0


0058 0058 0000 0


0058 0058 0000 0


0061 0061 0000 0



- - - -------------shy76521 22815 --shy ---


15










~-




TOTAL 144829 30783 --shy --shy


16

LI



D Priority Ranking







3









4



A Loading Capacity






5









6



















8













9










10




10 Implementation




11











12
















12 Submittal Letter






14


Source

I






3561 3561 0000 0 ---_



0333 0099 0235 70


6320 0930 5395 85


7876 1350 6532 83


0072 0072 0000 0


0058 0058 0000 0


0058 0058 0000 0


0061 0061 0000 0



- - - -------------shy76521 22815 --shy ---


15










~-




TOTAL 144829 30783 --shy --shy


16

LI









4



A Loading Capacity






5









6



















8













9










10




10 Implementation




11











12
















12 Submittal Letter






14


Source

I






3561 3561 0000 0 ---_



0333 0099 0235 70


6320 0930 5395 85


7876 1350 6532 83


0072 0072 0000 0


0058 0058 0000 0


0058 0058 0000 0


0061 0061 0000 0



- - - -------------shy76521 22815 --shy ---


15










~-




TOTAL 144829 30783 --shy --shy


16

LI



A Loading Capacity






5









6



















8













9










10




10 Implementation




11











12
















12 Submittal Letter






14


Source

I






3561 3561 0000 0 ---_



0333 0099 0235 70


6320 0930 5395 85


7876 1350 6532 83


0072 0072 0000 0


0058 0058 0000 0


0058 0058 0000 0


0061 0061 0000 0



- - - -------------shy76521 22815 --shy ---


15










~-




TOTAL 144829 30783 --shy --shy


16

LI









6



















8













9










10




10 Implementation




11











12
















12 Submittal Letter






14


Source

I






3561 3561 0000 0 ---_



0333 0099 0235 70


6320 0930 5395 85


7876 1350 6532 83


0072 0072 0000 0


0058 0058 0000 0


0058 0058 0000 0


0061 0061 0000 0



- - - -------------shy76521 22815 --shy ---


15










~-




TOTAL 144829 30783 --shy --shy


16

LI



















8













9










10




10 Implementation




11











12
















12 Submittal Letter






14


Source

I






3561 3561 0000 0 ---_



0333 0099 0235 70


6320 0930 5395 85


7876 1350 6532 83


0072 0072 0000 0


0058 0058 0000 0


0058 0058 0000 0


0061 0061 0000 0



- - - -------------shy76521 22815 --shy ---


15










~-




TOTAL 144829 30783 --shy --shy


16

LI













9










10




10 Implementation




11











12
















12 Submittal Letter






14


Source

I






3561 3561 0000 0 ---_



0333 0099 0235 70


6320 0930 5395 85


7876 1350 6532 83


0072 0072 0000 0


0058 0058 0000 0


0058 0058 0000 0


0061 0061 0000 0



- - - -------------shy76521 22815 --shy ---


15










~-




TOTAL 144829 30783 --shy --shy


16

LI










10




10 Implementation




11











12
















12 Submittal Letter






14


Source

I






3561 3561 0000 0 ---_



0333 0099 0235 70


6320 0930 5395 85


7876 1350 6532 83


0072 0072 0000 0


0058 0058 0000 0


0058 0058 0000 0


0061 0061 0000 0



- - - -------------shy76521 22815 --shy ---


15










~-




TOTAL 144829 30783 --shy --shy


16

LI




10 Implementation




11











12
















12 Submittal Letter






14


Source

I






3561 3561 0000 0 ---_



0333 0099 0235 70


6320 0930 5395 85


7876 1350 6532 83


0072 0072 0000 0


0058 0058 0000 0


0058 0058 0000 0


0061 0061 0000 0



- - - -------------shy76521 22815 --shy ---


15










~-




TOTAL 144829 30783 --shy --shy


16

LI











12
















12 Submittal Letter






14


Source

I






3561 3561 0000 0 ---_



0333 0099 0235 70


6320 0930 5395 85


7876 1350 6532 83


0072 0072 0000 0


0058 0058 0000 0


0058 0058 0000 0


0061 0061 0000 0



- - - -------------shy76521 22815 --shy ---


15










~-




TOTAL 144829 30783 --shy --shy


16

LI
















12 Submittal Letter






14


Source

I






3561 3561 0000 0 ---_



0333 0099 0235 70


6320 0930 5395 85


7876 1350 6532 83


0072 0072 0000 0


0058 0058 0000 0


0058 0058 0000 0


0061 0061 0000 0



- - - -------------shy76521 22815 --shy ---


15










~-




TOTAL 144829 30783 --shy --shy


16

LI


Source

I






3561 3561 0000 0 ---_



0333 0099 0235 70


6320 0930 5395 85


7876 1350 6532 83


0072 0072 0000 0


0058 0058 0000 0


0058 0058 0000 0


0061 0061 0000 0



- - - -------------shy76521 22815 --shy ---


15










~-




TOTAL 144829 30783 --shy --shy


16

LI










~-




TOTAL 144829 30783 --shy --shy


16

LI

LI

(E.O sr-«>-..'1:'4chautauqualakeassociation.org/PDFs/Final_Approval_Chautauqua.pdfNEW YORK. NY...

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