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Phase II Watershed Implementation Plan public meetings to be held May 9 through May 31

Regional Watershed Roundtables from throughout Virginia’s Bay watershed are hosting a series of seven public information meetings so state staff can receive public input on the Phase II Watershed Implementation Plan. See the meeting schedule below.

• Lower James. 5/9/2012. 6:30 - 8:30 p.m. HRPDC Board Room, 723 Woodlake Drive, Chesapeake, VA 23320.
• Potomac. 5/15/2012. 9:30 - 11:30 a.m. Prince William Development Services Building Room 202, 5 County Complex Center, Woodbridge, VA 22192
• Middle James. 5/23/2012. 2 - 4 p.m. VCU Trani Life Sciences Building, Room 151 (in annex), 1000 W. Cary St., Richmond, VA 23284
• Eastern Shore. 5/23/2012. 6 - 8 p.m. Va. Tech Eastern Shore AREC, 33446 Research Dr., Painter, VA 23420
• Rappahannock and York. 5/30/2012. 1:30 - 3:30 p.m.Union First Market Bankshares, 24010 Partnership Drive, Ruther Glen, VA 22546
• Upper James. 5/30/2012. 9:30 - 11:30 a.m.Alleghany Government Center, 9212 Winterberry Avenue, Covington, VA 24426
• Shenandoah. 5/31/2012. 9:30 - 11:30 a.m.James Madison University, Festival Conference Center, Highlands Room, Harrisonburg, VA 22807
  

The state is still accepting written comments through May 31. See the submission information below.

Virginia submits Phase II Watershed Implementation Plan and announces public comment period

On March 30, Virginia submitted its Phase II WIP to EPA, meeting the submission deadline.

• Click here (PDF, 2.5Mb) for a copy of Virginia’s plan.
• Click here (PDF) for Secretary Domenech’s submittal cover letter.

While Phase II of the plan was developed with considerable local stakeholder participation, the state is also providing an additional 60-day period for public comment. These comments will be reviewed and considered as Virginia continues to work with EPA on issues of concern with the model before finalizing the Phase II Watershed Implementation Plan.

Comments or questions should be sent to vabaytmdl@dcr.virginia.gov <mailto:vabaytmdl@dcr.virginia.gov>. Written comments and inquires should include the name, address and phone number of the person submitting the comments. Comments must be received by 5 p.m., May 31, 2012.

Those with additional questions should contact James Davis-Martin, Virginia Department of Conservation and Recreation, 900 East Main St., 8th Floor, Richmond, VA 23219, 804-786-1795, james.davis-martin@dcr.virginia.gov or Russ Baxter, Virginia Department of Environmental Quality, 629 East Main Street, Richmond, VA 23219, 804-698-4382, russ.baxter@deq.virginia.gov.

Virginia submits first draft of its Phase II Watershed Implementation Plan

On Dec. 15, Virginia submitted its draft Phase II WIP to EPA, meeting their submission deadline.

• Click here (PDF) for a copy of Virginia’s draft plan.
• Click here (PDF) for Secretary Domenech’s submittal cover letter.

Virginia submits 2012-2013 milestones document

In January, DCR submitted Virginia’s milestones document for 2012-2013. All Chesapeake Bay states agreed to submit milestones as an update to progress in meeting the 2025 reduction goals.

• Click here (PDF) for a copy of Virginia’s milestone document.

Watershed remains challenged

Despite nearly 30 years of clean-up efforts from all levels of government, conservation groups and others, the Chesapeake Bay watershed remains a challenged ecosystem. The tidal waters of the Bay continue to be enriched with the nutrients nitrogen and phosphorus, and sediment. This excess of nutrients and sediments leads to problems such as annual dead zones, loss of habitat for aquatic species in the Bay and tidal waters, as well as localized water quality concerns in many upstream rivers.

As a result, in accordance with the federal Clean Water Act, the U.S. Environmental Protection Agency is directing the Chesapeake Bay states and the District of Columbia to develop and implement a “pollution diet” for the Bay and its tidal waters known as a Total Daily Maximum Load. In short this “TMDL” establishes how much nitrogen, phosphorus and sediment can flow into the waters of the Bay while maintaining a water quality standard that will allow for improved water quality and aquatic habitats. EPA announced its initial TMDL in Dec. 2010. To meet the reduction goals in the TMDL, Virginia developed an initial Watershed Implementation Plan. The plan has strategies and outlines programs and resources needed to reach the TMDL.

Phase I Watershed Implementation Plan

EPA announced the Bay TMDL and approved Virginia’s initial Watershed Implementation Plan (WIP) at the same time. This initial plan is known as the Phase I WIP. It was developed by DCR, DEQ and other state agencies with help from local governments, conservation groups, and the agricultural, development and business communities.

Phase II WIP

In the next phase of the process, the TMDL and implementation plan will be localized across the entire Chesapeake Bay watershed. Most of Virginia's land mass is in the bay watershed, which is made up of all or part of 68 counties and 28 cities.

For Phase II, the TMDL’s load allocations, or legally binding reduction goals, have been established for 39 Virginia tidal water segments. State staff will initiate an intensive stakeholder process engaging 16 planning district commissions, 96 localities, 32 soil and water conservation districts and numerous other stakeholders to develop an implementation plan that addresses conditions in all tidal segments.

Check this page frequently for updates on this ongoing process and how you can become involved.

Virginia Bay TMDL frequently asked questions

The EPA website has a good list of Chesapeake Bay TMDL Frequently Asked Questions. Click here (PDF) for a short fact sheet, produced by EPA, that briefly covers the TMDL process throughout the Chesapeake Bay region.

Click here for a list of distinctly Virginian FAQs. Check back frequently. We’ll update questions and answers as the process progresses. Or click here for a list of Phase II frequently asked questions. If you have a question that’s not answered in either FAQ, please click here to share it with us.

Virginia submits final WIP

On Nov. 29, 2010, the governor's office sent to EPA Virginia's initial submission of a final Chesapeake Bay TMDL Phase I Watershed Implementation Plan.

• Click here (PDF) to download the November document.
• Click here (PDF) for Secretary Domenech's November submittal letter.

The plan is a revision of one submitted in September. Changes are based on continuing discussions with the EPA and more than 7,000 comments received from stakeholders and the general public.

• Click here (PDF) to download the September document.
• Click here (PDF) to download a document with technical corrections to the September draft.
• Click here (PDF) to see Secretary Domenech's September submittal letter.

EPA and state guidance on Phase II

EPA has provided several guidance documents on its expectations for Phase II watershed implementation plans.

• Download the March 30, 2011, guidance document (PDF)
  to download the March 30, 2011, guidance letter.
• Download a document providing guidance for federal facilities (PDF).
• Download EPA Region III Administrator Shawn Garvin’s Oct. 5, 2011, letter (PDF) addressing model concerns and the scope for addressing target goals moving forward.

Working with localities on Phase II

Each of Virginia’s 39 segment sheds has been assigned a load allocation for nitrogen, phosphorus and sediment. An allocation is the reduction the state is required to meet in each segment shed.

Using EPA data, the state originally gave each of 96 localities in Virginia’s bay watershed a reduction goal. The sum of these goals was toequal Virginia’s TMDL allocations. For localities, this was just a goal, not a legally binding assignment.

However, Virginia and other bay states have expressed serious concerns about the reduction goals derived from the model at the local level. The states are working with EPA to see that some of the calculations causing those concerns are reviewed and rectified. (See the Nov. 5 Shawn Garvin letter above.) In the meantime, Virginia is proposing to move efforts forward, not focusing on local reduction goals derived from the model but using more of a level-of-effort approach.

Localities are being asked to look at the level of effort and the number of BMPs suggested by the model, and then develop nutrient reduction scenarios.

To help determine this level of effort, DCR staff worked with PDCs and localities on a process to develop nutrient reduction strategies to meet goals by 2025. In this process, DCR has provided each locality with information on its current nutrient and sediment loads, land use, conservation practices coverage and other data. This data is derived from EPA's Watershed Model. Each locality will able to draw from its particular data to develop local reduction scenarios. The data is based on what is available and includes land use, green infrastructure, water quality, and local agricultural and urban BMP implementation levels.

This approach is intended to allow flexibility for localities and is in response to local governments wanting to use local data and program capacity to develop strategies. This approach is a local option. It is not mandatory.

DCR provided guidance regarding the path forward to local governments, planning district and regional commissions, and soil and water conservation districts. Download the letter sent to those groups (PDF).

To develop reduction scenarios, DCR contracted to develop the Virginia Assessment Scenario Tool (VAST). The tool also provided localities with a strategy template to be used to detail those strategies recommended locally to meet the reduction strategies developed using VAST.

VAST training

The Virginia Assessment and Scenario Tool (VAST) has been developed to help localities, PDCs and others take existing land use and BMP data and develop local nutrient reduction scenarios. These scenarios will help inform Virginia's Phase II Watershed Implementation Plan.

Training on the VAST was held in various locations in October. The training included an explanation of the system's capabilities, detailed demonstrations and individual exercises using the tool.

Click here for a PDF of a PowerPoint show used in previous VAST training.

Direct any questions regarding VAST to V'lent.Lassiter@dcr.virginia.gov.

Strategy template

As mentioned above, each of the 96 localities in the bay watershed have been sent a strategy template. They can use this template to suggest local reduction strategies and list resources necessary to implement the strategies.

Download a copy of the strategy template (Excel document).

Locality-specific information from VAST and the strategy template will not be shared with EPA as part of the Phase II WIP. Rather, the information will be aggregated and provided in that format to show how the strategies relayed in Phase I can be implemented locally.

Presentations to Virginia’s Bay Region Planning District Commissions

During March and April 2011, Assistant Secretary of Natural Resources for Chesapeake Bay Restoration Anthony Moore, or his designee, visited each of 16 planning district or regional commissions. He presented a recap of what is in Virginia’s Phase I WIP and introduced the current thinking on the development of the Phase II version. Click here for a copy of his presentation.

Learn more about Virginia's Chesapeake Bay TMDL process

For more information on the Chesapeake Bay TMDL, including fact sheets, frequently asked questions and video clips of previous presentations, visit the EPA Bay TMDL website.

Also, check this page frequently. We will update it as the Bay TMDL process develops.

For more information, please click here to send an email or to subscribe to regular e-mail updates on the TMDL process. Click here for an archive of previous Virginia Bay TMDL notices.