1. Lee County Government Division of Natural Resources TMDL/BMAP Update TMDL/BMAP Update November 30, 2010 Roland Ottolini, Director Lee County Division of Natural Resources

2. Lee County Government Division of Natural Resources Many creeks and streams in Lee County have been designated Impaired Waters by either the FDEP or USEPA and by law will have Total Maximum Daily Loads (TMDLs) for each causative pollutant Many creeks and streams in Lee County have been designated Impaired Waters by either the FDEP or USEPA and by law will have Total Maximum Daily Loads (TMDLs) for each causative pollutant The FDEP has proceeded with adoption of TMDLs for Hendry Creek, Imperial River and the Tidal CaloosahatcheeThe FDEP has proceeded with adoption of TMDLs for Hendry Creek, Imperial River and the Tidal Caloosahatchee A Basin Management Action Plan (BMAP) is established for each to allocate pollutant reductions to each stakeholder and to demonstrate how compliance will be achievedA Basin Management Action Plan (BMAP) is established for each to allocate pollutant reductions to each stakeholder and to demonstrate how compliance will be achieved Lee County is the major stakeholder as we hold the NPDES permit for stormwater discharges and WWTP. This permit will be amended to require projects and programs to fulfill these obligations, in 3 –five year cyclesLee County is the major stakeholder as we hold the NPDES permit for stormwater discharges and WWTP. This permit will be amended to require projects and programs to fulfill these obligations, in 3 –five year cycles FDEP presented the initial allocations and pollutant reductions in a workshop held on September 21 and 22, 2010FDEP presented the initial allocations and pollutant reductions in a workshop held on September 21 and 22, 2010 Lee County and others have been given 60 days to review and commentLee County and others have been given 60 days to review and comment

3. BMAP Process Allocation to Stakeholders Consideration of Existing Projects Development of New Projects Monitoring Plan BMAP Documentation

4. Hendry Creek Watershed

5. Hendry Creek Total Loads

6. Hendry Creek TMDL Requirements TMDL Based on Reference Site Analysis is 0.74 mg/l TMDL Load Results  Load at 0.74 mg/l = 35,302 lb/yr  Reduction is 34,960 lb/yr

7. Background Load Background Load = Total Load from Natural Land Uses

8. Allocation by % of Non- Background Loading Non-Background Load at TMDL = TMDL Load – Background Load = 35,302 - 31,729 = 3,573 lb/yr

9. Hendry Creek Urban Land-use 1988-2004

10. Imperial River Watershed

11. Imperial River Total Loads

12. TMDL Requirements TMDL Based on Reference Site Analysis is 0.74 mg/l Calculate Load from Target Concentration Target Load:  Load at 0.74 mg/l = 137,492 lbs/yr  Reduction is 122,249 lbs/yr

13. Background Load Background Load = Total Load from Natural Land Uses

14. Allocation by % of Non- Background Loading Non-Background Load at TMDL= TMDL Load – Background Load = 137,492 - 137,492 = 0

15. Imperial River Urban Land- use 1988-2004

16. Caloosahatchee Estuary TMDL 3240A, 3240B, 3240C TMDL for Nutrients  Causative Pollutant – Total Nitrogen (TN)  Target : Seagrass light requirements in San Carlos Bay TMDL= 23% Reduction in Total Nitrogen (over the entire river basin)

17. Caloosahatchee BMAP Current Total Load at the Estuary – 11,799,762 lbs/yr Current Load from Tidal Portion - 2,063,723 lbs/yr Required Reduction – 2.71 million pounds Target TN load at Estuary – 9,085,817 lbs/yr

18. Summary of TMDL

19. Key Stakeholders - Tidal Caloosahatchee Basin Lee County Charlotte County City of Cape Coral City of Ft. Myers East County Water Control District Lucaya CDD FDOT FDACS

20. Background Load Background Load = Total Load from Natural Land Uses

21. Allocation by % of Non- Background Loading Non-Background Load at TMDL= TMDL Load – Background Load = 1,347,568 - 1,116,941 = 257,627

22. Areas of Urban BMPs

23. Difference in Land Uses

24. BMAP Project Credits Eligibility Dates for BMAP Load Reduction Credits are Based on the Data Period Preceding the TMDL Pounds reduced will be subtracted from the total allocation for those projects completed July 1, 2000 and later. Credit counts for treatment above and beyond permit requirements.  Example 1 – BMP To Mitigate Construction  Example 2 – Regional BMP  Example 3 – Retrofit BMP

25. Projects Must Be Operated and Properly Maintained as Permitted. Operation and Maintenance records may be Requested as Part of the Project Review Process. Projects Not Operated as Permitted, Including Older Projects Not Included for Specific Credit, Could Result in Additional Reduction Requirements by the Responsible Entity. BMAP Project Credits

26. Potential Areas Where Projects May Be Best

27. Stakeholder Projects and Management Activities PROJECTS Structural BMPs  Quantifiable Load Reductions  Reductions Not Currently Quantified Restoration and WQ Improvement Projects Basic Stormwater Management Program Implementation ACTIVITIES Regulations, Ordinances, and Guidelines Special Studies and Planning Efforts Streetsweeping Enhanced O&M Program Certain Agricultural BMPs Public Education and Outreach Efforts

28. Preliminary Projects Eligible for Credit Structural BMPs (Wet Detention, Baffle Boxes, etc.) Source Controls (Street Sweeping, Education) Special Consideration: Conservation Land Purchases If Land Use Changed After Purchase Note – May be Exchange of Loading from Original Owner to New Owner

29. Cost of Compliance Removing nutrients from polluted water is proving to be especially costly in urban areas, with costs of $200-$20,000 per pound of nitrogen removed per year. Costs to meet TMDLs in Lee County will be in the multi-millions. Removing nutrients from polluted water is proving to be especially costly in urban areas, with costs of $200-$20,000 per pound of nitrogen removed per year. Costs to meet TMDLs in Lee County will be in the multi-millions. Land availability is a major implementation constraint in urban settings. Retrofitting of older urban areas can be very expensive. Most public owned lands are road rights of way and environmental land acquisitions in the headwaters. Land availability is a major implementation constraint in urban settings. Retrofitting of older urban areas can be very expensive. Most public owned lands are road rights of way and environmental land acquisitions in the headwaters. Technology offered thus far yields very little nutrient reduction efficiency, especially TN Technology offered thus far yields very little nutrient reduction efficiency, especially TN Ten Mile Canal Filter Marsh removes an average of 4700 lbs TN/year. This project was built on 10 acres of land already owned by Lee County at a cost of $3m. This yields a cost of $638 per lb TN removed per year, not including land. At this rate, compliance with the Hendry Creek TMDL will cost $22m to meet the required 35,000 lbs/ year load reduction. For the Tidal Caloosahatchee, $98m to remove 153.877 lbs TN! Ten Mile Canal Filter Marsh removes an average of 4700 lbs TN/year. This project was built on 10 acres of land already owned by Lee County at a cost of $3m. This yields a cost of $638 per lb TN removed per year, not including land. At this rate, compliance with the Hendry Creek TMDL will cost $22m to meet the required 35,000 lbs/ year load reduction. For the Tidal Caloosahatchee, $98m to remove 153.877 lbs TN! Lee County Government Division of Natural Resources

31. Questions Does the Dissolved Oxygen (DO) standard apply to our estuaries?Does the Dissolved Oxygen (DO) standard apply to our estuaries? Is Total Nitrogen (TN) the causative pollutant?Is Total Nitrogen (TN) the causative pollutant? The State has used a reference TN concentration of 0.74 mg/l for the TMDL allocation and load reduction analysis. How can this be achieved when the Event Mean Concentrations (EMCs) for all land uses are above this rate, including wetlands?The State has used a reference TN concentration of 0.74 mg/l for the TMDL allocation and load reduction analysis. How can this be achieved when the Event Mean Concentrations (EMCs) for all land uses are above this rate, including wetlands?

32. Lee County Government Division of Natural Resources Questions What is the purpose of establishing a regulatory concentration that is less than natural conditions loading?What is the purpose of establishing a regulatory concentration that is less than natural conditions loading? Are the loading projections realistic? How do they compare to actual field data?Are the loading projections realistic? How do they compare to actual field data? What technologies are available to reduce TN practically and cost effectively? In retrofit scenarios?What technologies are available to reduce TN practically and cost effectively? In retrofit scenarios? Why should local governments and other stakeholders bear the entire burden of cleaning up developments that have been permitted and presumed in compliance with current water quality standards?Why should local governments and other stakeholders bear the entire burden of cleaning up developments that have been permitted and presumed in compliance with current water quality standards?

33. Lee County Government Division of Natural Resources Recommendations Realistic numbers representative of real problem Realistic numbers representative of real problem Give us the technology necessary to succeed Give us the technology necessary to succeed State should share the burden by taking the allocation of permitted projects or providing in-kind grants to implement projects to offset their impact State should share the burden by taking the allocation of permitted projects or providing in-kind grants to implement projects to offset their impact State should support the inclusion of new co- applicants under the County’s NPDES MS4 permit for fair and equitable distribution of allocation State should support the inclusion of new co- applicants under the County’s NPDES MS4 permit for fair and equitable distribution of allocation State needs to adopt SW rules that meet the criteria State needs to adopt SW rules that meet the criteria