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Draft April 2004 West Virginia39s Potomac Tributary Strategy A product of the West Virginia Tributary Strategy Stakeholders Working Group In cooperation with the WV Department of Environmental Protection WV Conservation Agency WV Department of Agriculture Submitted to the Chesapeake Bay Program Date PAGE LEFT BLANK West Virginia Potomac Tributary Strategy Draft April 24 2004 Table of Contents EXECUTIVE SUMMARY INTRODUCTIONPURPOSE BAC KG RO U N D The Chesapeake Bay and the Bay Agreement West Virginia s Commitment to Improving Water Quality West Virginia and the Chesapeake Bay Water Quality Initiative West Virginia in the Chesapeake Bay Watershed WATER QUALITY Water Quality Primer Sampling Programs in West Virginia 4 SOURCES OF NUTRIENTS AND SEDIMENT Point Sources Non point sources Trends in nutrient pollution in the Chesapeake Bay Watershed THE CHESAPEAKE BAY WATERSHED MODEL AND LOAD ESTIMATES What is the Chesapeake Bay Watershed Model How the Watershed Model works How West Virginia compares to other Bay states Load estimates by Land Use for West Virginia IMPLEMENTATION STRATEGIES Urban and Mixed Open Strategy Point Source Strategies Agricultural Strategies Forestry Strategies Wildlife Strategies Overall Cost of Implementation CHALLENGES TO IMPLEMENTATION Urban and Mixed Open Point Sources Agriculture Wildlife Agencies 8 END NOTES APPENDICES APPENDIX 1 LAND USE MAP APPENDIX 2 WATER QUALITY MONITORING PROGRAMS APPENDIX 3 URBAN AND MIXED OPEN BEST MANAGEMENT PRACTICES APPENDIX 4 POINT SOURCE FACILITIES APPENDIX 5 AGRICULTURAL COST SHARE PROGRAMS APPENDIX 6 AGRCULTURAL BEST MANAGEMENT PRACTICES APPENDIX 7 FORESTRY N w 5quot 9 N West Virginia Potomac Tributary Strategy Draft April 24 2004 Page I WV Potomac Tributary Strategy EXECUTIVE SUMMARY The Chesapeake Bay is a national and local treasure and an important source of livelihood rec reation and cultural heritage for the region However after receiving pollution from the sur rounding landscape for many years the Bay is in trouble The states in the Chesapeake Bay wa tershed Delaware Maryland New York Pennsylvania Virginia and West Virginia the Dis trict of Columbia and the US Environmental Protection Agency have come together to nd solutions to the Bay s problems They have determined that the key to restoring the Bay s health entails reducing the ow of nutrients nitrogen and phosphorus and sediment owing from the Bay States into the Bay and have set maximum amounts for nitrogen phosphorus and sediment known as Cap Load Allocations CLAs for each of the jurisdictions Bay Program Partners have agreed to develop and carry out cooperative and voluntary Tribu tary Strategies to reduce current pollutant loads to the CLA levels by the year 2010 an ap proach that allows innovation and exibility If this effort is not successful the US Environ mental Protection Agency will begin developing a Total Maximum Daily Load TMDL for the Chesapeake Bay a process that will place signi cant additional restrictions on pollution sources in all the Bay States including headwaters states like West Virginia A TMDL develops a pollution budget for a watershed that allocates the amount each pollutant source is allowed to release while still attaining water quality standards Load reductions of 33 for nitrogen 35 for phosphorus and 6 for sediment will be required of West Virginia between 2002 and 2010 The development of a West Virginia Potomac Tribu tary Strategy provided the framework for a comprehensive planning process to equitably reduce these nutrient and sediment loads In order to engage the community in this process the West Virginia Department of Environmental Protection West Virginia Conservation Agency and West Virginia Department of Agriculture formed the West Virginia Potomac Tributary Strategy Stakeholder Group This document presents a voluntary strategy developed by the WV stake holders and seeks to reduce nutrient and sediment loads while minimizing economic and social burdens Key Elements of the West Virginia Potomac Tributary Strategy Chapters 2 3 and 4 provide background information on West Virginia on water quality con cepts and West Virginia monitoring programs and on sources of nutrients and sediment in the Chesapeake Bay watershed The Chesapeake Bay Program uses mathematical models to simulate changes in the Bay ecosys tem due to changes in population land use or pollution management Chapter 5 describes the model of particular importance to the West Virginia Potomac Tributary Strategy 7 the Chesa peake Bay Watershed Model CBWM This model estimates that each of the Bay jurisdictions faces different challenges in reducing their nutrient and sediment loadsiagriculture was identi ed as contributing the largest nitrogen 48 phosphorus 60 and sediment 70 loads in West Virginia The CBWM estimates that between 1985 and 2002 West Virginia nitrogen loads dropped 5 phosphorus increased about 1 and sediment decreased 17 During the same period the agricultural sector reduced nitrogen 14 and phosphorus 6 loads due to the State s aggressive implementation of agricultural Best Management Practices Use of mod eled load estimates was very controversial to some WV stakeholders and a number reject the use of these estimates in the West Virginia Potomac Tributary Strategy process The West Vir West Virginia Potomac Tributary Strategy Draft April 24 2004 Page II ginia Department of Agriculture is now collecting WV Potomac data for the Chesapeake Bay Program s nontidal waterquality network data that will be used to improve and verify CBP wa tershed models Chapter 6 Implementation Strategiesquot The West Virginia Potomac Tributary Strategy 39 39 group 39 to develop Implementation Strategies for the point source urban and mixed open agriculture and forestry sectors Implicit in each sector s Plan and the overall Plan for WV is that the activities required to meet the Cap Loads will not occur if funding is not secured II I I I u The Urban and Mixed Open Strategy covers all urban residential and rural areas that are not managed agricultural or forested lands The key features of the urban strategy are stormwater management reduction of nutrient inputs to land and water preservation and restoration of natu ral vegetation education and technical assistance The Point Source Strategy include monitoring for Total Nitrogen and Total Phosphorus in new permits and existing permits upon reissuance implementation of a voluntary partnership with local government to achieve load goals for new and existing municipal facilities working coop eratively with new and existing industrial and private dischargers to achieve load goals seeking funding for Biological Nutrient Reduction for upgrades and expansions and cooperating in nu trient trading The Agricultural Strategy asks the WV agricultural community to continue implementation of a variety of best management practices that reduce nutrients and sediment WV will continue to encourage and support the installation of BMPs account for all previously installed BMPs pro mote increased 39 quot 39 l l t quot39 or 39 39 r and implementation of agriculture nutrient management plans explore alternative uses of poultry litter and research new and inno vative BMPs The Forestry Strategy recognizes that proper management and use of forested lands will play an essential role in protecting WV waters and the Chesapeake Bay Logging operations are cur rently required by law to implement best management practices that protect water quality In addition the WV Division of Forestry is mandated by law to enforce State Code that relates to wild res The Forestry Strategy envisions hiring additional staff to better enforce existing laws to prevent excess erosion from logging wild res and the practices of private landowners Some West Virginia stakeholders have expressed concerns over the potential for nutrient and sediment loads generated by overabundant wildlife populations The WV Department of Natu ral Resources developed a Wildlife Strategy that will increase control of Whitetailed Deer and Canada Goose populations by promoting hunting facilitating harvest through increased access to private lands adjusting harvest objectives for Whitetailed Deer increasing utilization of available Canada Goose nuisance damage control program and creatingpromoting forested ri parian buffers that reduce nesting habitat for geese The actions that will be required to achieve the Cap Load Allocations for the Chesapeake Bay will have both financial and operational impacts on key sectors of the WV Potomac commu nity 7 chie y agriculture industry and the political jurisdictions The estimated overall cost for West Virginia to achieve the Cap Load Allocations by 2010 is 231577285 West Virginia Potomac Tributary Strategy Draft April 24 2004 Page HI 1 INTRODUCTION AND PURPOSE The Chesapeake Bay is a national and local treasure and an important source of liveli hood recreation and cultural heritage for the region However after receiving pollution from the surrounding watershed for many years the Bay is in trouble 7 and the states in What it means Watershed A Watershed is the area of land that drains to a river or other body of water West Virginia s portion of the Chesapeake Bay watershed is those lands that drain to the Potomac River and its tributaries as well as a small area that drains to the James River The James River portion is not included in this strategy the Chesapeake Bay wa tershed Delaware Mary land New York Pennsyl vania Virginia and West Virginia the District of Columbia and the US Environmental Protection Agency have come to gether to nd solutions Speci cally they have de termined that substantially reducing the ow of nutrients nitrogen and phosphorus and sediment to the Bay from the Bay States will restore the Bay s health Maximum amounts for nitrogen phosphorus and sediment known as Cap Load Allocations CLAs have been set for each of the jurisdic tions Current pollutant loads must be reduced to these levels by the year 2010 Otherwise the EPA will begin a process that will place signi cant additional restrictions on pollution sources in Bay States including headwaters states like West Virginia This document pre sents a voluntary strategy developed by the West Virginia Potomac Tributary Strategy Stakeholder Group to achieve the reductions required of the state of West Virginia by the year 2010 2 BACKGROUND CHAPTER 2 f Mampm West Virginia has agreed to develop voluntary goals and objectives to reduce nutri West Virginia Potomac Tributary Strategy ent and sediment loads Reductions of 33 for nitrogen 35 for phosphorus and 6 for sediment are 0 needed between 2002 and 201 West Virginia has been actively involved in pollution reduction programs including several major agricultural programs The West Virginia Potomac Tributary Strategy Stakeholders Group was convened to develop a Potomac tributary strategy to meet the required cap load allocations Much of the Potomac region is growing rapidly due to close proximity of the Wash ington Baltimore Metropolitan area Manufacturing retail trade and agriculture play important roles in the region s econ omy The Chesapeake Bay and the Bay Agreement The Chesapeake Bay is North America s larg est and most biologically diverse estuary and for more than 300 years has sustained the re gion s economy and de ned its traditions and culture In 1983 and 1987 the states of Vir ginia Maryland Pennsylvania the District of Columbia the Chesapeake Bay Commission and the US Environmental Protection Draft April 24 2004 Agency representing the federal government agreed to establish the Chesapeake Bay Pro gram partnership to protect and restore the Chesapeake Bay s extraordinarily productive ecosystem For more information on the Bay and the Bay Program visit www chesapeakebaynet West Virginia Governor Bob Wise officially signed the Chesapeake Bay Program Water Quality Initiative Memorandum of Under Page 1 standing on June 18 2002 making West Vir ginia along with New York and Deleware a Headwaters Partner in the Chesapeake Bay Program By signing the agreement West Virginia demonstrated its intent to signi cantly improve water quality by establishing and implementing strategies to meet voluntary goals and objectives to reduce nutrient and sediment loads With the agreement the State also gained a seat at the Chesapeake Executive Council and a voice in deciding how best to achieve the Program s goals To correct this problem in the Chesapeake Bay nitrogen phosphorus and sediment load ing allocations for each state were evaluated negotiated and nally agreed upon by repre sentatives from each of the Chesapeake Bay Watershed states participating in a Water Quality Steering Committee The Chesapeake Executive Council Directive No0302 formal ized the resulting allocations The tool used to create these loading allocations is called the Chesapeake Bay Watershed Model CBWM Table 1 shows output from the model estimat Table 1 Load estimates and Cap Load Allocations for the Potomac Drainage in West Virginia produced by the Chesapeake Bay Watershed Model Source CBP Phosphorus LandBased Sediment 2 Nitrogen 1985 754 2002 715 2010 Cap Load 475 333 Allocations 041 034 0320 6 2 057 057 037 35 million poundsyear 2 million tonsyear 3 percent reductions from 2002 numbers The Bay Program has determined that the Po tomac River is one of many rivers contributing excess nutrient and sediment loads to the Chesapeake Bay Excess nutrients cause rapid growth of phytoplankton 7 microscopic plants in the water column 7 creating population blooms These blooms may become so dense that they along with ne sediment re duce the amount of sunlight available to the submerged aquatic vegetation SAV which are essential to the health of the Bay s ecosys tem Without sufficient light these SAV can not photosynthesize and produce the food they need to survive Excess nutrients can also cause the explosive growth of algae which may grow on the surface of SAVs and further block essential light Unconsumed algae and phytoplankton will eventually die and be de composed by bacteria in a process that de pletes bottom waters of oxygen When oxy gen is depleted sh and other species may die unless they move to other areas with suitable habitat and sufficient oxygen The problem of excess nutrients causing oxygen depletion even dead zones in coastal waters is a worldwide issue threatening coastal commu nities and important sheries West Virginia Potomac Tributary Strategy ing loads in 1985 7 the baseline year cur rent loads 2002 and the 2010 Cap Load Al locations CLA for nitrogen phosphorus and sediment A more detailed description of the CBWM West Virginia s nutrient and sedi ment loads and a comparison with other Chesapeake Bay states are found in Chapter 5 No one underestimates the technical eco nomic and societal challenges associated with achieving these substantial reductions see Chapters 6 and 7 West Virginia s goal is to reduce nutrient and sediment loads while minimizing economic and social burdens Re ductions will be achieved through upgrades to point sources such as municipal and industrial wastewater treatment facilities and through implementation of best management practices BMPs for nonpoint pollution sources in cluding agricultural lands forest lands and de veloped lands West Virginia s Commitment to Improving Water Quality West Virginia s commitment to reducing pol lution in our waters did not begin when Gov Wise signed the Chesapeake Bay Water Qual Draft April 24 2004 Page 2 What it means Poultry Integrator Poultry Integrators are the compa nies that produce and process much of the poultry in America These companies contract with farmers to raise turkeys and chickens for them The integrators provide the birds and the feed the farmers provide the fa cilities and the labor West Virginia Potomac Tributary Strategy ity Initiative Like all of the Bay States West Virginia has been actively involved in pollu tion reduction programs for over twenty years Many of these programs have been success fully implemented under federal and state pro grams and documented by the USDA Natural Resources Conservation Service NRCS Farm Service Agency FSA and other state and local agencies Logging operations in the State are required by law to implement best management practices to protect water quality and the WV Division of Forestry works to pre vent the forest res that leave forest lands vul nerable to erosion Additional urban best management practices that impact nutrient and sediment loss are now being implemented by municipalities and the construction industry and regulated by the State The Chesapeake Bay Program CBP is crediting estimated re ductions in sediment and nutrient loads that have occurred through implementation of these practices Programs implemented by the agricultural community have all been voluntary clear evi dence of a substantial grassroots movement among area farmers to reduce the ow of agri cultural pollutants into West Virginia water ways including the nutrients and sediment that then ow into the Bay In the past fteen years two major programs have dealt speci cally with the agricultural nutrients issue throughout the Potomac headwaters region in WV In the early 1990 s a nutrient manage program all poultry growers are required by the integrators to im plement and maintain nutrient management plans for the manure and litter produced on their farms All plans are written and or re viewed by certi ed WV Nutrient Management Draft April 24 2004 planners The West Virginia Department of Agriculture WVDA maintains a certi ed nu trient management laboratory in Moore eld West Virginia that provides farmers local ac cess to nutrient testing of manures and litter in order to stay in compliance with their nutrient management plans The Potomac Headwaters Land Treatment Program was initiated in the mid1990 s to address water quality concerns triggered by rapid expansion of the poultry industry This project focused on accelerated development of nutrient management plans and installation of agriculture waste storage structures mortality composters and livestock con nement areas Eighty ve percent of poultry growers in the ve county area of the Potomac Valley Con servation District are currently participating The landowner is responsible for 40 of the costs in this program Thirteen million dollars were allocated towards the installation of best management practices in this program with landowners contributing 867 million The WV Agriculture Water Quality Loan Program WVAWQLP 7 SRF program allows the landowner to borrow their forty percent of the cost through low interest loans 23 thus reducing the upfront nancial burden on par ticipants Private support organizations like the West Virginia Poultry Association the West Vir ginia Farm Bureau and a number of active grass roots organizations such as the South Branch Watershed Association of Hampshire County and the North Fork Watershed Asso ciation have played an essential role in gain ing nancial and community support for pro grams to protect water quality Watershed Associations have also played an important role in bringing public attention and action to water quality improvement within the Potomac Watershed Volunteers have or ganized eleven associations who have spon sored outreach efforts planned and imple mented water quality improvement projects and served as a catalyst for healthy commu nity development The watershed associations in the Potomac Watershed are South Branch Page 3 Watershed of Hampshire County North Fork Watershed Association Friends of Spring Run s Wild Trout Bakers Run Conservation Society Cacapon and Lost Rivers Trust Inc Friends of the Cacapon River Sleepy Creek Watershed Association Blue Heron Environ mental Network Inc Tuscarora Creek Water shed Association Opequon Watershed Inc and Jefferson County Watersheds Coalition West Virginia and the Chesapeake Bay Water Quality Initiative To initiate the Chesapeake Bay and West Vir ginia s water quality improvement plans the West Virginia Department of Environmental Protection West Virginia Conservation Agency and West Virginia Department of Agriculture sponsored the rst West Virginia Potomac Tributary Strategy Stakeholders meetings in Martinsburg and Moore eld on April 15 and 16 2003 The purpose of these initial meetings was to establish stakeholder participation in the development of a Potomac tributary strategy to reduce nutrient and sedi ment loads and meet the CLA Anyone with a stake in the outcome was invited to attend and individuals representing counties munici palities industry agriculture developers en vironmental organizations and state and re gional governments were recruited by the three agencies noted above The stakeholders committed to monthly meetings to develop the Jefferson Grant Mineral Hampshire Morgan Hardy Pendleton I Conservation Districts Waterways GD Figure 1 West Virginia Potomac Tributary Strategy Counties and Conservation Districts in West Virginia s Potomac watershed Draft April 24 2004 Page 4 tributary strategies The Chesapeake Bay drainage area of West Virginia contains the counties of Berkeley Grant Hampshire Hardy Jefferson Mineral Morgan Pendleton Preston and Tucker Pre ston and Tucker counties together were esti mated to contribute less than half of one per cent of West Virginia s potential nutrient and sediment load and were therefore not included in the WVPTS process Two working stakeholder groups were estab lished from the eight Eastern Panhandle coun ties taking into account each region s unique population issues and landuse measures needed to address local water quality prob What it Means Conservation District West Virginia in the Chesapeake Bay Watershed The problems facing the Chesapeake Bay may seem remote to the concerns of West Virgini ans but the quality of the waters that ow out of our state play an important part in determin ing the health of the Bay This section will provide a description of West Virginia s Poto mac River watershed providing a physical de scription and discussing land use population and the economy The Potomac River Watershed The Potomac River forms the MarylandWest Virginia boundary between Harpers Ferry Jef ferson County to Green Spring Hampshire County WV Upriver of Green Spring the West Virginia39s Conservation Districts are chartered legal subdivisions of State government and a universal unit of government in every state West Virginia s four teen Districts are each governed by a Board of Supervi sors local landowners elected from each county in the District With the support and guidance of the WV Conservation Agency the Districts develop and imple ment conservation programs based on set resource pri orities their job is to channel resources from all levels of government into action at the local level Potomac splits into two major tributaries the North and South Branches The North Branch continues as the boundary and its watershed is divided by the two states The South Branch is located entirely within WV H ydrogeomorphic Regions Physiographic Provinces Hydrogeomorphic regions are based on gener West Virginia Potomac Tributary Strategy lems Berkeley Jefferson and Morgan coun ties are located in the Eastern Panhandle Con servation District EPCD and make up the eastern stakeholder group With a land area of 763 square miles this is the fastest growing region in the state and is rapidly being trans formed into a bedroom community of the WashingtonBaltimore Metropolitan area To the west the vecounty area of Hamp shire Hardy Grant Mineral and Pendleton counties land area of 2722 square miles is known as the Potomac Valley Conservation District PVCD and makes up the western stakeholder group This region is dominated by agriculture with largescale poultry pro duction and processing facilities as well as a robust beef cattle market This document incorporates the efforts of the two stakeholder groups into a combined plan for West Virginia s Potomac watershed Draft April 24 2004 alized geology and physiography They are important in the development of a West Vir ginia Potomac Tributary Strategy because they are used to model groundwater discharges and calculate best management practice BMP ef ciencies The unique soil climate and to pographic characteristics of individual hydro geomorphic regions result in differing effi ciencies for certain BMPs For example in the instance of riparian forest buffers the effi ciency of nitrogen removal on the Appala chian Plateau gure 2 is less than half of that of a buffer located in the Valley and Ridge Siliclastic Region Geology West Virginia s mountains hills and valleys shape our climate natural history industries and way of life Differences in topography geology and land use within the state will also shape the strategies to be used in achieving the Cap Load Allocations The 3505 square mile Potomac watershed in WV drains parts of two Page 5 distinct physiographic Provinces the Appala pattern The valleys gentler slopes and chian Plateau and the Ridge and Valley The rounded ridge tops of this province support Appalachian Plateau forms the watershed s agricultural pursuits The rocks are arranged extreme western edge This province features in cyclical sequences of sandstones shales narrow valleys steep ridges swift streams dolomites and limestones The eastern part of low soil permeability much coal although the Ridge and Valley Province in Berkeley none in the South Branch watershed and and Jefferson counties is underlain primarily horizontally bedded sedimentary rocks such as by limestones dolomites and shales The sandstone shale and limestone drainage pattern is primarily karst type with The Ridge and Valley Province located east some trellised drainage in the vicinity of the quot thickest shales of the Appalachian Plateau contains the ma jority of WV s Potomac watershed Parallel Regions valleys are separated by long steep ridges which reinforce a classic trellised drainage The EaStern Panhandle conservatmn DIS Hydrogeomorphic Region Appalachian Plateau Silicicla ic Blue Ridge Valley and Ridge Carbonate Valley and Ridge Siliciclasic Figure 2 Hydrogeomorphic regions in West Virginia s Potomac watershed r West Virginia Potomac Tributary Strategy Draft April 24 2004 Page 6 trict EPCD region contains the lower reaches of the Cacapon River the Direct Drains including Opequon Sleepy and Back creeks and the Shenandoah River gure 3 Approximately 48 forested 28 is agricul ture 7 is urban and 17 is mixed open See Appendix 1 for land use map The EPCD is predominantly characterized by broad level to undulating fertile valleys that are extensively farmed Sinkholes underground streams and other karst features have developed on the un derlying limestonedolomite and as a result the drainage density or number of surface streams is low The karst geology in much of this watershed lends itself to rapid distribution of pollutants from both urban and agricultural sources into groundwater and subsequently into surface streams fed by springs and seeps Development has sharply increased due to the close proximity to the WashingtonBaltimore Metropolitan Area The Potomac Valley Conservation District PVCD region is the home of three sizeable watersheds the South Branch of the Potomac the North Branch of the Potomac and the Ca capon gure 3 The PVCD is approxi mately 68 forested with mixed coniferous and deciduous canopy trees See Appendix 1 for land use map Twentyfour percent of the land is used for agriculture and the val Major Watersheds Cacapon Potomac Direct Drains Potomac North Branch E Potomac South Branch Shenandoah Shenandoah North Fork Waterways West Virginia Potomac Tributary Strategy Figure 3 Major watersheds in West Virginia s Potomac watershed Draft April 24 2004 Page 7 Table 2 US Census Bureau 2000 Population County Population Growth 19902000 Berkeley 75905 281 Jefferson 42190 174 Morgan 14943 232 Hampshire 20203 225 Hardy 12669 154 Grant 11299 84 Mineral 27078 14 Pendleton 8196 18 Total 212483 113 leys gentler slopes and rounded ridge tops sup port many agricultural pursuits primarily pas ture and hay production but also some orchard and rowcrop production One of West Vir ginia s most agricultural areas the PVCD re gion includes concentrated cattle and poultry production particularly in the South Branch and the headwaters of the Cacapon Roughly 2 percent of the watershed is urban in nature with the remaining 6 in mixed open Devel opment has sharply increased due to the close proximity of the WashingtonBaltimore Metro politan Area Population County populations range from 8196 residents in Pendleton County to 75905 residents in Berkeley County table 2 The population of the whole region showed the highest grth in the State between 1990 and 2000 largely due to the close proximity to the Washington Bal timore Metropolitan Area The region saw an increase of almost 10000 people an 113 per cent increase during the decade with Berke ley Morgan and Hampshire counties growing the most quickly Housing increases of 202 percent were almost double the population growth rate While projections differ it is ex pected that Berkeley Jefferson Morgan Hampshire and Hardy counties will continue to grow rapidly while populations in Grant Min West Virginia Potomac Tributary Strategy eral and Pendleton counties appear stable Economy Eastern Panhandle Conservation Dis trict Rapid population growth is quickly transforming the Eastern Panhandle Conserva tion District EPCD into a bedroom commu nity of the Washington Baltimore Metropoli tan Area On average 623 of the sixteen and older population is employed with an av erage per capita income of 18844 Eleven percent of the population lives below the pov erty level 1 The workforce is mostly in the nonfarm private sector 79 with 19 serv ing in local state or federal government enter prises and 3 working on farms The 1997 Economic Census indicates that manufacturing and retail trade drive the econ omy in this region with income of 914535000 and 804113000 respectively Manufacturing in this area includes commer cial industries such as printers plastics and rubber products and machinery manufacturing Other important sectors include the accommo dationfoodservice industry 117016000 health care 77752000 professional scienti c services 72825000 administra tionwaste management 64080000 and farm products 38891000 3 Recreation and tourism are important to the economy of the Eastern Panhandle with Jeffer son and Berkeley Counties leading the tourism trade for the region The tourism industry em ploys about 5000 people within the three county area Harpers Ferry National Historical Park is the second largest tourist attraction in the State Agriculture The EPCD has a large apple and peach industry and many farms are dependent upon crop sales In 1997 the agriculture cen sus crop sales accounted for 64 of the market value in Berkeley County 43 of the market value in Jefferson County and 63 of the mar ket value in Morgan County Because of the close proximity to the WashingtonBaltimore Metropolitan Area many of these farms are now being developed The 1997 agriculture census showed a slight decrease in farm acre Draft April 24 2004 Page 8 West Virginia Potomac Tributary Strategy age in Jefferson and Berkley Counties and a slight increase in farm acreage in Morgan County from 19871997 4 Potomac Valley Conservation District While parts of the Potomac Valley Conserva tion District PVCD are developing as rapidly as the EPCD much of this region remains ag ricultural in character On average 596 of the sixteen and older population is employed with an average per capita income of 15519 Fourteen percent of the population lives below the poverty level 5 The workforce is mostly in the nonfarm private sector 75 with 16 serving in local state or federal govern ment enterprises and 9 working on farms 6 A substantial percentage of workers catego rized as nonfarm particularly in Hardy and Grant counties work in agriculture related in dustries such as poultry and food processing facilities The 1997 Economic Census indicates manu facturing and retail trade drive the economy in this region with income of 725347000 and 346055000 respectively Manufacturing in this area includes the poultry and food proc essing industries noted above wood products leather goods and the highly specialized aero space and missile development facilities in Mineral County Other important sectors in clude farm products excluding poultry 235608000 health care 58618000 and the accommodationfoodservice industry 38879000 7 Recreation and tourism are important con tributors to the economy Forests dominate land use in the area with approximately 70 percent covered in forest this region includes the George Washington and Monongahela Na tional Forests The PV District contains 59 public outdoor recreation sites with a total of 268510 acres Agriculture The PVCD is West Virginia s most signi cant agricultural area accounting for over 52 of WV s sales of agricultural products 9 Pilgrims Pride a local poultry in tegrator is the fourth largest employer in the state of West Virginia and is the largest single employer in Hardy County In the early 1990 s the local poultry industry increased dramatically when WLR Foods now Pilgrims Pride expanded the processing plant in Hardy County At that time the poultry industry was primarily con ned to Hardy Grant and Pen dleton Counties A signi cant number of poultry farms are now found in Hampshire and Mineral counties as well There are 870 poultry farms in the valley and the poultry and poultry products produced from these farms account for 583 of all animal agriculture products sold in the state each year 10 The local poultry growers raise broilers breeders and turkeys for four major integrators Pil grims Pride Perdue Farms Inc Georges and Cargill Turkey Livestock sales account for 99 of the market value of farm products not raised for the poul try integrators while crop sales account for the remaining 1 of sales Cattle production is the second largest agricultural industry in the area and many local farms raise both beef and poultry Farmers consider these com modities dependent on one another in main taining the stability of the local economy Many of the cattle are raised on pasture in the summer and hay and silage through the winter months Much of the corn planted in this area is harvested as silage Seventy percent of open agricultural land in the Potomac Valley Conservation District is pasture and hay land The area also supports a signi cant orchard industry primarily apples and peaches Draft April 24 2004 Page 9 3 WATER QUALITY CHAPTER 3 4f4Mampm Water Quality Primer discusses point and non point source pollution sources how pollution is measured and the difference between local water quality problems and problems in downstream waters Water quality studies in the Potomac area have mostly been concerned with local is sues rather than downstream issues related to the Chesapeake Bay Program The West Virginia I I of quot a 39 n is now quot quot 3 WV Potomac data for the Chesapeake Bay Program s nontidal waterquality network that will be used to I improve and verify CBP watershed mode S Water Quality Primer This primer provides a brief discussion of key water quality terms and concepts to help the reader understand this report Sources of pollution Pollution is usually de scribed as coming from either a point source or a non point source Point source PS pol lution comes from an easily identi able place like a factory or a sewage treatment plant and enters the environment at a clearly identi able location 7 like a pipe or a smoke stack The ow of pollutants from point sources is regulated by the State and Federal governments is fairly constant and predict able and control measures can be applied at the source Non point sources NPS of pollution are dif cult to control and assess because they are everywhere they include streets parking lots lawns farm elds barnyards and construc tion sites Note that construction sites larger than one acre are regulated as point sources The ow of pollutants from nonpoint sources is very unpredictable and mostly occurs when rain and snowmelt wash the surface of the land Assessing pollution There are two main ways to assess pollutants 7 concentration and load Concentration is a measure of how much of some substance is found in a certain volume of water often expressed as mill grams per liter mgL or parts per million ppm Water quality standards are principally designed to protect people and aquatic life West Virginia Potomac Tributary Strategy from damage and are based on harmful con centrations of a pollutant For example the nitrate a form of nitrogen standard for drink ing water is 10 ppm because larger amounts than that have been linked to health concerns The load is the total amount of a substance that passes by some point in a certain amount of time as in pounds per hour or tons per year It is a calculation equal to the concentra tion times the total volume of water and re quires that an accurate measure of water vol ume be available Water quality standards are not based on load but on concentration How ever total load can be the most relevant way to determine the potential impacts of non point source pollution because while major NPS pollution events may occur rarely usually due to precipitation the total amount delivered during these events may greatly ex ceed the sum of the loads delivered at all other times For example nonpoint sources of phosphorus usually move readily only with surface runoff Because a few severe storms can create most of a watershed s annual run off over 90 of the annual phosphorus load can be delivered during these few events 11 The Chesapeake Bay Program s Cap Load Al locations for nitrogen phosphorus and sedi ment are the maximum load of these pollut ants that the Bay can assimilate without harm according to Chesapeake Bay Program mod els Another tool for assessing pollution is known as the Total Maximum Daily Load TMDL process This process is triggered Draft April 24 2004 Page 10 when waters fail a State s water quality stan dards ie when the waters are impaired Un der the Clean Water Act Section 303d states are required to develop lists of impaired wa ters The law requires that these jurisdictions establish priority rankings for waters on the 303d lists and develop TMDLs for these wa ters A TMDL determines the pollutant loads that a water body can assimilate without vio lating water quality standards and then allo How do you measure the volume ofwater in a river In order to calculate pollutant loads you need to know the vol ume of water owing in a river To do this you need to meas ure three things width of wetted area average depth from sur face to river bottom and the rate of flow speed of the water at a number of locations across the width of the stream When you have these numbers you multiply them together to obtain volume usually expressed as cubic feet per second cfs This is a time consuming process and very difficult to do in large streams The US Geological Survey maintains flow stations at a number of sites in the Potomac watershed See the following website for more information waterusgsgovcgibin dailyiflow7wv tion process and will involve signi cant local stakeholder involvement through the tributary strategy process The West Virginia Potomac Tributary Strategy is a part of that process The usual TMDL process will be triggered if the water quality goals are not achieved Where pollution impacts are felt There are two ways to look at the impacts of pollutioni locally and downstream Local impacts are those that affect the people and environment in the watershed where pollutants are gener ated For example bacteria washed from the landscape into a river can raise the bacteria levels in the river in excess of the water qual ity standard making the river potentially harmful for swimming On the other hand downstream impacts affect the people and environment downstream of where the pollut ants are generated The WV Potomac Tribu tary Strategy Stakeholder Group WVPTS stakeholders is charged with developing a strategy to reduce the loads of nutrient and sediment pollution that originate in West Vir cates those loads to point source and non point source categories based on the best available science Once established and approved through regulatory action TMDLs are imple mented through both regulatory and non regulatory programs Or more simply a TMDL provides a pollution budget for a wa tershed that allocates the amount each pollut ant source is allowed to release while still at taining water quality standards Since the Chesapeake Bay is on the 303d lists for both Maryland and Virginia the stan dard regulatory approach would require a TMDL be carried out and a very speci c im plementation plan developed However the success of the Bay Program partnership in re ducing pollution over the past two decades has led to an agreement where the usual TMDL process has been deferred Partners in the Bay Program have agreed to develop and carry out a cooperative and voluntary approach to re move the Bay s water quality impairments by the year 2010 This approach allows innova tion and exibility as part of the implementa West Virginia Potomac Tributary Strategy Draft April 24 2004 ginia and contribute to the impairment of the Chesapeake Bay If the stakeholder strategy fails to reduce these loads by the year 2010 the USEPA will begin the TMDL process and place signi cant additional restrictions on pol lution sources in West Virginia Sampling Programs in West Virginia A number of federal and state agencies and private organizations have conducted water quality studies in WV s Potomac watershed These studies have mostly been concerned with local issues for West Virginia waters rather than the load and downstream transport questions of such importance to the CBP This section provides a brief overview of the major sampling programs beginning with the WV Department of Agriculture 7 which is now collecting the water quality data needed for the Bay Program More detail and perti nent ndings from each study are available in Appendix 27 WV Water Quality Programs West Virginia Department of Agriculture Page 11 The West Virginia Department of Agricul ture s WVDA Moore eld Laboratory began operation in 1993 Since 1998 the WVDA has conducted a comprehensive water quality monitoring program within the region The purpose of this program has been to monitor seven streams placed on West Virginia s 303 d list of water bodies that are impaired due to fecal coliform bacteria segments of the Lost River South Branch of the Potomac North Fork of the South Branch South Fork of the South Branch Mill Creek Lunice Creek and Anderson Run In addition to bac teria sampling stream sites are tested for pH conductivity temperature total phosphorus ammonia and nitrate Another component of this initiative is a DNA analysis program run cooperatively by WVDA and Marshall Uni versity to identify sources of fecal contamina tion in the Potomac River and Lost River wa tersheds In 2002 the WVDA began collecting water samples on the main stem of the Potomac River and its direct tributaries In 2004 this sampling program was modi ed to meet the objectives of the Chesapeake Bay Program s NonTidal Water Quality Workgroup This workgroup has established protocol that will enable all jurisdictions to accurately portray both trends and loads for nutrients and sedi ment from their respective streams This sampling program will also be used to im prove and verify CBP watershed models see Chapter 5 watershed model runs are used to predict the effectiveness of manage ment actions to reduce loads Monthly sam ples will be collected as well as eight storm samples at each site each year Each site is located at a USGS ow gage for more accu rate data This protocol will provide load data over a wide range of hydrologic condi tions which is needed because the CBP model uses average loadings not direct measure ments Additional monitoring parameters such as total suspended solids suspended sediment sand ne splits nitrite and Total Kjeldahl nitrogen TKN were added for this program Sites to be used in the NonTidal Network West Virginia Potomac Tributary Strategy Shenandoah River Opequon Creek South Branch of the Potomac Cacapon River Little Cacapon River Patterson Creek Back Creek Sleepy Creek Stony River West Virginia Department of Environmental Protection The State of West Virginia has adopted a com prehensive approach to managing the state s waters and their surrounding ecosystem known as the Watershed Management Frame work The goal is to develop and implement management strategies through a cooperative longrange planning effort that includes gov ernment agencies businesses environmental groups watershed associations and citizens One component of the Watershed Manage ment Framework is the water quality monitor ing performed by WVDEP s Watershed As sessment Section In 2000 WVDEP s Watershed Assessment Section WAS completed their first veyear cycle of watershed assessments The cycle began in 1996 with the goal of monitoring each of the state s 32 major watersheds within a veyear period Potomac watersheds in cluded in this program are South Branch of Potomac North Branch of Potomac Cacapon Little Cacapon Direct Drains and the Shenan doah This program collects a wide variety of biological chemical and habitat data of spe ci c value to the Tributary Strategy process Another important component of DEP s moni toring efforts comes from the Total Maximum Daily Load TMDL Section The TMDL Section in partnership with the Watershed As sessment Section conducts intensive studies within specific watersheds TMDL sampling is performed monthly for a oneyear period Numerous sample locations and water quality parameters are selected to investigate known or suspected problems such as fecal coliform bacteria acid mine drainage excessive nutri ents Planned future TMDL development will occur in the North Branch and Potomac Direct Drains Watersheds including Opequon and Sleepy Creeks by 2008 The National Pollution Discharge Elimination Draft April 24 2004 Page 12 West Virginia Potomac Tributary Strategy System NPDES permitting program provides water quality information associated with per mitted discharges The Compliance Monitor ing section of WVDEP s Environmental En forcement conducts regular sampling inspec tions on regulated facilities Sitespeci c chemical andor biological studies may also be performed Additionally the facilities are re quired to monitor their outfalls and routinely submit effluent information to the agency WVDEP encourages local citizenry to become involved in monitoring and protecting the state s aquatic resources The Stream Partners program provides seed grants to create com munitybased watershed protection organiza tions and to assist these groups in identifying the issues affecting their streams and develop ing improvement projects The West Virginia Save Our Streams WVSOS is a volunteer monitoring program which teaches adults and children to monitor the biota and water quality of their streams and how to become guardians of their watersheds 0th er The USDANRCS contracted with the U S Geological Survey U SGS to conduct a sur veillance level water quality study in 1994 and 1995 to assess the condition of the Potomac watershed s rivers in West Virginia Nineteen sites in the South Branch drainage and four in the Lost River headwaters of the Cacapon drainage were sampled monthly for varying periods of time 12 Their study did not indi cate high nutrient concentrations at any site However they noted signi cant algal growth at many sites during the summertime and sug gested this might be related to nutrient loading to the streams Nitrate concentrations were positively correlated with numbers of feedlots and poultry houses However nitrogen con centrations were considerably lower than con centrations to the east of the study area in the Shenandoah River s Great Valley region an other agricultural region with integrated poul try agriculture Cacapon Institute CI is a nonprofit corpo ration and WV certi ed laboratory that has conducted a number of water quality studies in area streams starting with a comprehensive baseline study of the Cacapon River between 1989 and 1992 13 CI is currently running a Cacapon River monitoring study at twelve sites located throughout the watershed Between March 1997 and July 2002 C1 con ducted studies in several watersheds Lost River North River South Branch of the Poto mac They were designed to answer a num ber of questions including 1 are nutrients applied to the basin39s agricultural soils enter ing the river39 2 do streams with different land use characteristics have different nutrient con centrations Thirtytwo tributary and main stem sampling sites with different land use characteristics ranging from heavily forested gt95 to intensively farmed were included Sampling protocols included regularly sched uled dates and storm sampling Chemical pa rameters included total and reactive phospho rus nitrate nitrogen and turbidity an indirect measure of sediment in the water These studies found that phosphorus and tur bidity were generally low at all sample sites regardless of land use except during active runoff events nitrate nitrogen was much more variable than phosphorus and correlation analysis suggested agriculture particularly row crops was an important source of nitro gen In addition to the obvious source of fer tilized lands phosphorus was found associated with naturally phosphorus rich soils running off a construction site and in springs feeding certain streams and in the South Branch per sistently high nutrient concentrations were as sociated with point sources a trout hatchery and poultry processing plants Draft April 24 2004 Page 13 4 SOURCES OF NUTRIENTS AND SEDIMENT CHAPTER 4 4f4Mampm Most nutrients from point sources come from municipal and poultry processing wastewater treatment plants Point source nutrients declined 33 in nitrogen and 53 in phosphorus between 1985 and 2002 in the Chesapeake Bay watershed g rows from the scientific literature Point source nutrient pollution will increase in importance as the region s population Estimating nutrient and sediment loads from non point sources is difficult Loads from agriculture urban lawns and atmospheric deposition can be estimated Loads from certain sources such as dirt roads untreated sewage and wildlife can d not currently be estimated and need to be assesse Nutrients such as nitrogen and phosphorus occur naturally in soil water and the atmos phere and are required for the growth of plants Nutrients are essential to all plant life in the Bay ecosystem but an excess of nutri ents is harmful When the Bay was surrounded primarily by forest and wetlands nutrients and sediment were mostly held in place by natural vegetation and relatively little owed from the watershed into the Bay Today farms cities and suburbs have replaced many of the origi nal forests and wetlands These changes in land use and increases in population have dra matically increased the amount of nutrients and sediment entering the Bay39s waters The sources are many wastewater treatment plants industries vehicle exhaust acid rain and runoff from agricultural residential and urban areas contribute nutrients to the Chesa peake Bay and its rivers Bare ground from construction farming and forestry and de nuded streambanks add to the sediment loads This section will discuss the likely sources of nutrient and sediment loads to the Bay and uncertainties associated with apportioning those loads among sources Point Sources The nutrient loads delivered from large point sources are generally a known quantity based on extensive monitoring at many point source facilities and by applying lessons learned from West Virginia Potomac Tributary Strategy facilities where routine nutrient monitoring occurs to those where it does not Most nutri ents from point sources come from municipal wastewater treatment plants As long as the number of people served daily ow and level of treatment is known a reasonable estimate of nutrients delivered to streams can be calcu lated Another important source of nutrients from permitted facilities in some areas is ani mal and food processing facilities Certain point sources such as trout rearing facilities and quarries can be a source of sediment In addition construction sites one acre or larger are regulated as point sources and if poorly managed can deliver large quantities of sedi ment to our waters Total suspended sedi ment limits are included in permits where ap plicable As a result of rapidly improving technologies and the funding to install those technologies there was a 33 decline in nitrogen and a 53 decline in phosphorus delivered to the Bay from all point source facilities in the Chesapeake Bay watershed between 1985 and 2002 in spite of a 19 increase in population during that time The decline in phosphorus was also due to regionwide bans on phos phate detergents note WV has not banned phosphate detergents However due to popu lation growth point source phosphorus loads have begun to creep upward 4 Inevitably nutrient pollution from wastewater treatment plants and other point sources will continue to Draft April 24 2004 Page 14 increase in importance as the region s popula tion continues to grow The future of the Bay will depend on continuing development and implementation of the highest levels of nutri ent reduction practicable from these sources ni cant loads by the Chesapeake Bay Program model see Chapter 5 Of the 20 signi cant facilities 11 are mu nicipal dischargers 3 are aquaculture facili ties and 6 are industrial Of the 29 non ALL PERMITTED POINT SOURCES WASTEWAT ER URBAN OR BOSOLID BM PS Note 1 ONLY Note 2 INDUSTRIAL STORM WATER NO NUTRIEde Note 1 Biosolids are concentrated wastes that are spread on fields or put in landfills Note 2 Includes both municipal and industrial sources AT LEAST 400000 GPD 50000 399999 GPD LESS THAN 50000 GPD signi cant 8 are mu nicipal discharges 12 are privately owned sewage treatment fa cilities 2 are public drinking water treat ment plants 8 are in dustrial dischargers and l is a stormwater industrial permit for a very small airport USCHARGE According to the Chesapeake Bay model WV point sources contributed 16 less nitrogen to the Bay in 2002 than in 1985 Unfortunately during this same period the model estimates West Virginia Potomac Tributary Strategy Figure 4 All permitted point sources West Virginia s Potomac Basin contains 576 permitted point source discharges gure 4 Of these 11 do not generate nutrients 20 are industrial storm water general permits that are managed as urban and 36 are permitted through stormwater construction or biosolids land application included under the urban or agriculture BMP category by the CBP The remaining 33 of all permitted point source discharges are wastewater streams with nutrients that can be controlled at the pipe Seventyfour percent 138 of these discharge less than 50000 gallons per day gpd and are considered negligible in terms of delivered load all together these small plants discharge less than 1000000 gpd Sixteen percent 29 have a design ow of between 50000 and 399999 gpd and do not contribute loads large enough to be modeled by the CBP Only the last eleven percent 20 or 4 of the all point sources with design ows of at least 400000 gpd are considered to deliver numerically sig Draft April 24 2004 that phosphorus loads increased by 29 Non point sources While the science behind predicting nutrient loads from point sources is relatively straight forward the same cannot always be said for non point sources of nutrients and sediment One of the first challenges is to know where both manmade and natural nutrients in a wa tershed are found and how much phosphorus and nitrogen is being imported into a water shed Importation of nutrients is important because it adds to the pool of nutrients avail able to wash into streams and on to the Chesa peake Bay The foods that we eat and the nu trients in feed for animals in the agricultural industry are mostly imported The nutrients in these foods are introduced into the environ ment via various waste streams ieither septic tanks or wastewater treatment plants for peo ple fertilizers and agricultural manure ap plied to elds Page 15 Another term for imported nutrients is nutrient inputs The US Geological Survey estimates that atmospheric deposition animal manure and commercial fertilizers comprise 97 per cent of the total N inputs to West Virginia s Valley and Ridge province at 57 26 and 14 of total N inputs respectively Ninety ve percent of total P inputs come from commer cial fertilizer 39 and animal manure 56 15 The atmospheric deposition portion is coming from a mixture of point sources such as power plants and non point sources such as automobiles Nutrients in fertilizer are entirely imported into this region while some of the nutrients in manure are part of the within watershed nutrient cycle and some are imported in feed or as fertilizer to grow feed A great deal is known about some of these nu trient sources and how they behave in the landscape For example commercial fertilizer and animal manure are applied at the heaviest rates along the ood plain particularly on cropland 16 Where animal manure is an im portant source of agricultural fertilizer as it is in West Virginia s Potomac watershed phos phorus tends to accumulate in the soils over time This occurs because animal manure typically has a nitrogen N to phosphorus P ratio of 31 while most grain and hay crops utilize N and P at a ratio of about 81 Be cause manure is typically applied at rates cali brated to meet crop nitrogen needs phospho rus inevitably builds up in the soil However the water quality problems that might be asso ciated with this buildup are alleviated at least in part by the very high capacity of many WV soils to store phosphorus 17 Ultimately the capacity of these soils to store phosphorus will be exceeded and phosphorus related water quality problems will become more evident in our waters The nitrogen that is applied to soils and not incorporated into plant material moves into our streams readily as nitrate with both over land ow and through the soil pro le this ac counts for strong correlations between row crops and nitrogen in area streams 18 On the other hand regularly elevated P concentra West Virginia Potomac Tributary Strategy tions are often associated with point source discharges from large wastewater treatment plants generally not with non point sources such as agriculture and fertilized lawns 19 Non point phosphorus mostly becomes iied up in our soils and plants and moves into streams only during severe storms In fact over 90 of the annual phosphorus load can be deliv ered during a few severe weather events each year 20 making it very difficult to quantify Atmospheric deposition of nitrogen is more evenly distributed throughout the watershed It is generally believed that in this region at least our abundant forests still have substan tial capacity to store additional nitrogen de posited from the atmosphere Nitrogen falling on nonforested lands becomes a source of fer tilizer and part of the nutrient cycle there Ni trogen deposited on water immediately be comes part of the problem Urban and suburban development can have a profound in uence on water quality De creases in vegetative cover and increases in impervious surfaces dramatically alter the hydrologic cycle such as increasing the amount of storrnwater and surface runoff and decreasing groundwater recharge and in ltration In addition overuse of fertil izers on residential lands and managed areas like golf courses contribute to the problem While nitrogen phosphorus and sediment loads from agriculture lawns and atmospheric deposition might reasonably be predicted from the scienti c literature there are important un knowns Unknowns include I The issue of the dirt roads that are so com mon in this region Simply put no one knows how much of the sediment seen in our streams following heavy precipitation is coming from erosion of dirt roads or from construction activities forestry riv erside camps and mining Draft April 24 2004 What it means Impervious Surface Impervious surfaces are surfaces that do not allow water to penetrate like roo ops roads and parking lots In stead of soaking into the ground water falling on impervious surfaces rapidly across the landscape increas ing erosion and transporting pollutants to arms moves Page 16 Cacapon Institute discovered that some native WV soils are high in phosphorus 21 Erosion of these soils due to poor land management practices has the potential to contribute signi cantly to the phosphorus load carried in our streams and it is often dif cult to distinguish between P losses from manure fertilizer and native soil 22 Some are also concerned over the possible role that abundant wildlife such as deer and geese might have in transferring ex cess nutrients to streams Trends in nutrient pollution in the Chesapeake Bay Watershed The Chesapeake Bay Program notes the fol lowing major trends in sources of nutrients Nutrients from septic systems are in creasing throughout the watershed as de velopment spreads farther into the coun tryside beyond the reach of centralized sewer systems Among the major land use categories ur ban and suburban lands contribute per acre the largest amount of nutrients to the Bay when septic and wastewater treatment plant discharges are factored in Runoff from farms is generally declining as farmers adopt nutrient management and runoff control techniques and because the overall amount of farmland is declining 23 How does the Bay Program know these things To the greatest extent possible the CBP uses real world measurements to assess conditions in the Bay watershed For exam ple it uses actual ow data from wastewater treatment plants to estimate loads from those sources and uses water quality monitoring data where it exists to determine what has happened in the past and is happening today Where water monitoring data does not exist and where questions concern future condi tions the CBP uses predictive models to sup ply answers As was noted in Chapter 3 West Virginia cur rently lacks the type of water quality data needed to accurately assess our contribution to the Bay s pollution problems For that reason the WVPTS stakeholders have been largely dependent on the CBP s models to furnish the information needed to make decisions As a number of the WVPTS stakeholders consider these models to be fatally awed this has proven to be a source of contention in the process of developing strategies However as the models are central to the tributary strategy process Chapter 5 describes how these mod els work and the kind of information they pro vide I Stormwater runoff from urban and subur ban areas is increasing as more land is de veloped I Nitrogen from wastewater treatment plants is declining in rivers where biologi cal nutrient removal BNR technology is being used It is increasing in other rivers I Phosphorus from sewage treatment plants has declined sharply in large part because of the phosphate detergent ban New evi dence indicates that phosphorus from point sources went down until 1999 but has since been going up Importantly West Virginia has never passed a phos phate ban West Virginia Potomac Tributary Strategy Draft April 24 2004 Page 17 5 THE CHESAPEAKE BAY WATERSHED MODEL AND LOAD ESTIMATES CHAPTER 5 f Mampm likely to be sediment loads The Chesapeake Bay Program uses mathematical models to simulate changes in the Bay ecosystem due to changes in population land use or pollution management The Chesapeake Bay Watershed Model CBWM simulations are not the same as ac tual conditions They are the best scientific estimate of what average loadings are The CBWM simulates one acre of each land use within each of the 94 separate model segments to represent all similar land use within the segment Each of the Bayjurisdictions face different challenges in reducing their nutrient and Based on current model estimates between 1985 and 2002 nitrogen loads dropped 5 phosphorus increased about 1 and sediment decreased 17 in West Virginia A number of the WVPTS stakeholders consider model estimates to be inaccurate and reject the use of these estimates in the PTS process What is the Chesapeake Bay Watershed Model The Chesapeake Bay Program uses various mathematical models to simulate processes in the 64000 square mile Chesapeake Bay drain age basin which is much too large and com plex to isolate for experiments in the real world These models allow Bay scientists to simulate changes in the Bay ecosystem due to changes in population land use or pollution management There are three main models used by the CBP the Estuary Model the Air shed Model and the Watershed Model The Estuary Model commonly referred to as the water quality model examines the effects of the loads generated by the Airshed and Water shed Models on Bay water quality The Air shed Model tracks nitrogen emissions from all sources in the airshed and covers the eastern United States from Texas and North Dakota eastward to Maine and Florida The CBP model of particular concern in de veloping West Virginia s tributary strategy is known as the Chesapeake Bay Watershed Model CBWM The current version of the Watershed model divides the watershed into 94 model segments a version currently in de velopment will utilize more than 500 segments and work on a much ner scale The model uses rainfall evaporation and meteorological West Virginia Potomac Tributary Strategy data to calculate runoff and subsurface ow for all the basin land uses including forest ag riculture and urban lands The surface and subsurface ows simulate soil erosion and the pollutant loads from the land to the rivers The model also routes ow and associated pollutant loads from the land through lakes rivers and reservoirs to the Bay The CBWM uses mathematical representa tions based on the best available science to create its simulations of the real world These simulations allow Bay scientists to predict changes to the Bay ecosystem both positive and negative due to changes in management such as reducing the quantity of fertilizer ap plied to agricultural lands installing new pol lution controls at sewage treatment plants and controlling urban sprawl As with all models the CBWM simulations or scenarios are not the same as actual condi tions They are however the best scienti c estimate of what average conditions are likely to be in a complex system where reality is enormously difficult to measure The CBWM uses knowledge of cause and effect relation ships gained through monitoring programs and research to produce estimates of what might happen in the Bay watershed in the future and to predict probable conditions in areas that lack adequate monitoring data In addition as Draft April 24 2004 Page 18 West Virginia Potomac Tributary Strategy with all other models the quality of the infor mation input to the model will have a sig ni cant impact on the quality of the simula tions One of the goals of the WV PTS stake holders and their agency partners is to make certain that the information input to the model from WV is as accurate as possible This is critical because the model will be used to esti mate the results of the pollution reduction strategies developed by the WVPTS stake holder group Overall as with all predictive tools the CBWM has both strengths and weaknesses Some of the things the model does well are I Equitably accounts for all major load sources based on the best available sci ence I Reasonably represents the relative impact of management actions at the model seg ment major tributary and basin levels I Reasonably predicts the likely relative impact of one set of actions compared to another for example nutrient and sedi ment reductions that might be expected from planting a cover crop versus install ing a riverside grassy buffer On the other hand the CBWM I Can t predict what is not known For ex ample the model simply doesn t include contributions of sediment from dirt roads because the predictive tools to estimate those loads do not currently exist On the plus side the CBP is constantly seeking to ll in model gaps as scienti cally defensi ble information becomes available I Is limited by the quality of input data This has been a real concern for West Vir ginia particularly in the areas of actual water quality data to calibrate the model for our state and in accurately accounting for environmental practices in agriculture see Chapter 6 I Is not currently set up to be a local TMDL model for West Virginia it could be with the proper input information For better or worse WV has had to use it in that manner due to the lack of the correct kind of real world data I Is not a crystal ball and can t be expected Draft April 24 2004 to tell us precisely what will happen at a speci c time The CBWM uses profes sional estimates of future land uses popu lation animals and air to evaluate the relative impact of quotwhat ifquot management scenarios A recent white paper by the CBP s scienti c and technical advisory committee indicates that based on water quality monitoring re sults the CBWM is likely to overestimate pro gress made by the states towards achieving their cap load reductions This happens be cause the CBWM generally uses best manage ment practice efficiency assumptions based on idealized research studies rather than from eld studies on these practices as they are ac tually installed This paper also considers criti cal the need for longterm small watershed studies to better determine BMP ef ciencies 24 For more information on the CBP s mod els visit httpwwwchesapeakebaynet modelhtm How the Watershed Model works At its core the current Watershed Model version 43 operates at the level of 94 segments in the nine major Chesapeake Bay tributary watersheds Model calibration also What It Means Model Calibration The CBWM uses mathematical relationships such as between water quality land use hydrology and soil type derived from many small scienti c studies and applies them more generally on a large scale For ex ample the scienti c literature indicates that a forested riparian buffer will likely prevent the transport of at least 30 of the nitrogen that would otherwise ow from cropland into streams In order to determine how closely the model approximates reality the modeling tearn conducts calibration runs where the model is tested against real world monitoring data The WVDA is working to produce WV data to help better calibrate the model takes place at the segment level see box A new version of the model v5 that will have 500 segments and therefore allow much greater precision is due in 2006 Each segment is divided into Forest Mixed Open Agriculture and Urban land use catego ries based on the best available data for ex Page 19 ample agricultural acreage is based on the ag ricultural census in each state The Urban land use is further broken down into Urban Pervious land area where water can soak into the ground and Urban Impervious where wa ter cannot soak into the ground The Agricul ture land use is further broken down into Cropland conventional conservation till Hayland and Pasture Within each model segment each land use subcategory is uniquely defined for that area based on hydrologic parameters sedimenta tion rates nutrient inputs plant cover and up take rates nutrient cycling export rates The CBWM simulates one acre of each land use to represent all similar land use within the seg ment In other words one soil cover type nu trient application rate slope in ltration rate and particle size distribution represents one land use type within any given segment The effectiveness of BMPs may differ from seg ment to segment based on local conditions Using the above information the CBWM is used to estimate past and current conditions and to predict how changes in land manage ment will affect future conditions For exam ple the model can be used to estimate the sources of nutrients and sediment to the Bay in any given year Figure 5 presents model esti mates of the sources of nitrogen phosphorus and sediment in the entire Bay watershed in 2002 25 How West Virginia compares to other Bay states Pennsylvania and Virginia contain the largest percentage of the Chesapeake Bay watershed followed by Maryland New York West Vir ginia Delaware and Washington DC gure 6 As the watershed areas of each jurisdiction differ greatly it is not surprising that their relative contributions to the Bay s sediment CHESAPEAKE BAY WATERSHED Land Area by Jurisdiction DE Dc Figure 6 Land area byjurisdiction lAgriculture TOTAL NITROGEN 1 Forest El Urban El Mixed Open I Point Source E Septic IAtm Deposition over Water SEDIMENT TOTAL PHOSPHORUS 1 Figure 5 CBWM estimates ofthe sources of nitrogen phosphorus and sediment in the entire Bay watershed in the year 2002 West Virginia Potomac Tributary Strategy Draft April 24 2004 Page 20 NTRCBEN LOAES BYJLRISDIC39HON MILLION POUNDS I YEAR PHOSPHORUS LOADS BY JURISDICTION MILLION POUNDSYEAR on SEDIMENT LOADS BY JURISDICTION MILLION TONS YEAR PA MD VA DC NY DE WV Figure 7 Nutrient and sediment load estimates from the seven political jurisdictions as estimated by CBWM for 1985 baseline 2002 progress and 2010 Cap Load Allocations and nutrient problems differ as well Figure 7 almost entirely from point sources in particu next page compares nutrient and sediment lar the mammoth wastewater treatment plant loads from the seven political jurisdictions as at Blue Plains while nitrogen from rural Dela estimated by CBWM for 1985 baseline 2002 ware comes mostly from highly concentrated progress and 2010 Cap Load Allocations agriculture Thus far CBP signatories Mary The jurisdictions with the largest land area land Virginia and Washington DC have made Pennsylvania Virginia and Maryland also the most progress in reducing their baseline contribute the largest nutrient and sediment 1985 nutrient loadings 7 but all jurisdictions loads Each jurisdiction has a different mix of still have a long way to go to meet the Cap land uses that produce their nutrient and sedi Load Allocations ment loads and require a different mix of remedies For example nitrogen from the highly urbanized Washington DC area comes West Virginia Potomac Tributary Strategy Draft April 24 2004 Page 21 Load estimates by Land Use sources increased by 29 The agricultural for West Virginia sector was solely responsible for substantial reductions 24 in sediment loads F1gure 8 prov1des West Virginla nutr1ent sediment loads as estimated by the CBWM for The agricultural sector s reductions in TN the baseline year 1985 and indicates progress 14 and TP 6 occurred during a PeriOd made in reducing these loads as of 2002 Of rapid Change in the region s agTiCUItural 11139 These estimates indicate an overall ve per dustry as 110th Chapter 2 Between 1985 cent reduction in Total Nitrogen TN an in and 1997 the dall39y and SW11 mdUStrleS de crease in Total Phosphorus T13 of less than dined dramatically 43 and 48 re5136 one percent and a seventeen percent decrease tively beef increased slightly 6 and the in sediment By land use agriculture was iden poultry 111dUSt139y boomed layers Increased by ti ed as contributing the largest loads for TN 198 bmllers by 159 and turk 3ys by 43 48 TP 60 and sediment 70 Raine Overall the CBP estimates that TN generation tions in TN loads from point sources and agri fr9m aItimal manure increase by 39 during culture were notable 16 and 14 respec thlS PerlOd and TP by 41 Desplte these tively while nitrogen from septic elds in increases estimated load reductions noted for creased by 96 Reductions in T13 loads were the industry 9ccurred because 0f aggTeSSiV f notable for agriculture 6 and from urban mplemeetatlon 0f BeSt lVIanagement Praetlces non point sources 18 while T13 from point 111 the reglon 566 Chapter 6 below Nitrogen Loads Phosphorus Loads Sediment Loads 2010 Cap Load 00 IAtm Deposition over Water E Septic as IPoint Source D Urban Million PogndsYear Million Pounds Year N Million Tons I Year P D Mixed Open F t 39 m as 1985 2002 2010 1985 2002 2010 00 IAgriculture Load Load Figure 8 Compares delivered loads of nitrogen phosphorus and sediment in 1985 and 2002 for each ofthe seven major land use categories in WV s Potomac watershed only as estimated by the CBWM 2010 Cap Load Allocation provided for comparison purposes Source CBP Sweeney 2002 model run West Virginia Potomac Tributary Strategy Draft April 24 2004 Page 22 6 VOLUNTARY IMPLEMENTATION STRATEGIES West Virginia Potomac Tributary Strategy CHAPTER 6 f Mampm Voluntary implementation strategies were developed by subcommittees organized by load category The implementation strategies consist of programs and BMP imple mentation plans designed to reduce loads to meet the Cap Load Allocations for each category Strategies are presented for Urban and Mixed Open Point Sources Agriculture For estry and Wildlife The estimated overall cost to implement strategies necessary to achieve the West Virginia Cap Load Allocations is 231577285 Many of the programs required to meet the Cap Loads will not occur without suffi cient funding Non point sources of pollution are mostly con trolled through the voluntary implementation of best management practices BMP and through public education BMPs for nitrogen phosphorous and sediment can be broadly de ned as economically sound voluntary prac tices that are capable of minimizing nutrient and sediment contamination of surface and groundwaterquot BMPs are based upon research from government agencies and universities and upon practical considerations to prevent harmful runoff from entering local streams and ultimately downstream water such as the Chesapeake Bay BMPs implemented under Federal cost incentive programs are reported to the US Department of Agriculture s Natu ral Resources Conservation Service NRCS and to the Chesapeake Bay Program and are used to determine progress towards reaching the water quality goals for 2010 Evaluating the success of the implementation of Best Management Practices will be achieved by monitoring the longterm status and trends of water quality particularly by state agencies BMPs play a role in the nutrient and sediment reduction process through the management of land use and growth The following sections provide an overview of agricultural urban forestry and wildlife BMPs as well as the process technology methods used to control point source discharges For more informa tion and to view a listing of BMPs currently accepted by the Chesapeake Bay Program see Appendices 3 and 5 Draft April 24 2004 The WVPTS stakeholder group created sub committees to develop Implementation Strate gies for the point source urban agriculture and forestry sectors The agriculture forestry and urban subcommittees consisted of volun teers from the stakeholder group with agency support The point source plan was developed entirely by WVDEP The Voluntary Implementation Strategies con sist of education programs process upgrades and BMP implementation plans designed to reduce loads to meet the Cap Load Alloca tions It is expected that implementation of these strategies will rst target the most im paired watersheds in order to maximize im provements 0t local waters as well as the Bay Implicit in each sector s Plan and the overall Plan for West Virginia is that the activities required to meet the Cap Loads will not occur if funding is not secured Urban and Mixed Open Strategy This portion of the Strategy concerns nutrient and sediment loads from developed lands which are categorized by the CBWM as im pervious and pervious urban and mixed open lands Effectively this strategy covers all ur ban residential and rural areas that are not managed agricultural or forested lands Im pervious refers to surfaces such as rooftops roads and parking lots which typically do not Page 23 absorb rainfall Pervious lands include yards parks golf courses and school grounds which can absorb some rainfall Mixed open lands are nonurban landscapes that are a mixture of trees shrub land and grasslands Signi cant loads in the Potomac basin of WV originate from these developed lands and it is likely that this component of the landscape will continue to grow It will be considerable challenge to both reduce current loads to meet the desig nated cap load allocations and accommodate new grth with it s associated additional loads Therefore a strategy is needed to both reduce loads from current developed lands and to plan for minimizing new loads from lands to be developed in the future An effective strategy will require multiple components stormwater management nutrient manage ment management of onsite wastewater treat ment systems development planning educa tion and outreach and tracking and monitor ing of implementation progress The urban strategy acknowledges that urban and suburban development has a profound in uence on the quality of West Virginia s wa ters Increases in impervious surfaces and de creases in natural vegetation dramatically alter the local hydrologic cycle Impervious sur faces disrupt the natural hydrology of streams limit groundwater recharge and increase sur face ow to streams Pollutant loads from de veloped lands in the form of fertilizer use fail ing septic systems and sewer infrastructure and road and parking lot runoff are largely un assessed and unmanaged At the same time there is a perceived need to make West Vir ginia s urban centers stronger and more attrac tive to local populations with an emphasis on physical infrastructure a diversi ed economy and nancial sector development The solution remains finding a balance between commerce and the environment The key features of the urban strategy are stormwater management reduction of nutrient inputs to land and water preservation and res toration of natural vegetation education and technical assistance Managing these features will serve to both reduce the ow of runoff into surface waters and reduce the nutrient and West Virginia Potomac Tributary Strategy sediment load of these waters Other compo nents of the urban strategy will be assistance to counties and municipalities in obtaining funding for these strategies obtaining credit for past implementation of urban BMPs ob taining credit for new BMPs and tracking im plementation of the Urban Strategy In order to reduce the amount of sediment and nutrient loading from urban and mixed open sources this strategy suggests implementation of stormwater management on approximately 50 of urban lands by 2010 Implementation of urban nutrient management is suggested for 40 of urban and 25 of mixed open lands by 2010 Implementation of erosion and sedi ment controls should be implemented in full compliance with WV stormwater guidelines This level of implementation should be suffi cient to reach the Cap Load Allocation for ur ban and mixed open lands Furthermore the implementation of the EPA s NPDES Storm water Phase II program will serve to provide an additional framework for improved storm water management The total annual cost of implementing Urban and Mixed Open Best Management Practices and the strategies out lined below is estimated at 125 million Of this annual cost 121 million is for the imple mentation of best management practices while the remainder is for the programs and assistance required to successfully implement this Strategy So as not to place an undue bur den on county and municipal governments they will be aided in nding nancial assis tance to cover these costs Stormwater Management One of the most signi cant problems with de velopment is increased stormwater runoff yet how we manage this problem affords us with many of the best opportunities for load reduc tions Stormwater management practices in tercept surface runoff from developed areas lter and treat this runoff and then discharge it at a controlled rate to minimize the environ mental and physical impacts on receiving wa ters Proper implementation and enforcement of sediment and erosion controls is essential during construction or other activities which Draft April 24 2004 Page 24 West Virginia Potomac Tributary Strategy disturb the soil Local programs need to be in place to ensure that stormwater management systems are properly constructed and main tained and continue to function as designed In addition to existing stormwater manage ment strategies consideration should be given to increased implementation of in ltration and ltering practices which have the potential to signi cantly reduce loads where applicable Of further concern is the issue of combined sewer over ows CSO s where stormwater by accident or design is conveyed in the same pipes as wastewater Combined sewer over ows have the potential to reduce treat ment capacity at wastewater treatment plants and can result in untreated wastewater being discharged directly into waterways Effort will be made to identify problems associated with CSO s and to reduce their associated nu trient loads In order to ensure that stormwater manage ment is being implemented consistently throughout the basin it is important that all counties and municipalities understand and have the capacity to develop stormwater man agement plans and follow current state storm water regulations Development of this capac ity will require nancial assistance for coun ties and municipalities This may require an increase in state personnel responsible for the oversight of stormwater programs Procedures roles and responsibilities relating to the effec tive implementation of local and state storm water management programs need to be clari ed A comprehensive approach to stormwa ter management should be developed for the Potomac Basin managed by watershed boundaries and integrated with county plan ning efforts In addition the status and cover age of all existing stormwater management systems should be identi ed in order to assess gaps in the stormwater management frame work and determine the effectiveness of its implementation Nutrient Management Managed nonagricultural grasslands lawns golf courses schoolyards athletic elds parks etc represent a signi cant land base Draft April 24 2004 for which nutrient management strategies should be developed and implemented The WV Nutrient Management Training and Certi cation program should be modi ed to in clude urban criteria and development of certi ed nutrient management plans should be en couraged for managers of signi cant fertilized grasslands Managers of these grasslands would also bene t from educational opportu nities concerning nutrient management Con sideration should also be given to educating lawn management service providers and homeowners about nutrient management An evaluation of consumer fertilizer use is also needed to assess whether overfertilization is an issue and how this could be addressed The use of nitrogenbased deicing materials on airport runways represents a potentially sig ni cant nitrogen load to receiving waters dur ing snowmelt events The US Bureau of Transportation Statistics indicates that there are 47 acres of public use airport runway in the Potomac Basin of WV As runway appli cation rates of these deicers are significantly higher than typical agricultural application rates of nitrogen the potential impact of their use will be assessed for both public and pri vate airports and if deemed signi cant appro priate nutrient management guidelines will be recommended Management of Onsite Wastewater reatment Management of septic systems is a constant theme of discussion in WV Of particular concern are the effect of septic system dis charges on water quality in the karst areas of the state Also of concern are residences and other facilities that have nonexistent or failing septic systems These sources should be as sessed to determine whether they are a signi cant source of nutrients and if found to be so a strategy should be developed to mitigate their impact When maintained properly sep tic tanks have their solids pumped out on a regular basis These solids are often applied to land by designated permittees A compre hensive assessment of this practice needs to be undertaken to ensure that it is being conducted Page 25 in a fashion that will minimize the potential for these nutrients to leach back into water ways A homeowner education program to encour age proper maintenance of septic systems would provide bene ts for nutrient reduction While septic tank pumping does not signifi cantly reduce release of nutrients properly maintained septic systems last longer and have better removal ef ciencies Septic tank pump ing prevents potential clogging of drain elds and drain eld failure that can result in a sub stantial increase in nutrient loading to ground water Implementation of a costshare pro gram for repair or replacement of failing malfunctioning septic systems and for septic tank pump out is recommended The use of alternative onsite wastewater treat ment systems for individual residences and clusters of residences has potential to alleviate many of the problems associated with conven tional septic systems Consideration should be given to developing processes to facilitate the installation of clustered decentralized waste water system infrastructures and advanced denitri cation systems for individual resi dences The optimal method for reducing pol lutant loads from onsite denitri cation and decentralized wastewater treatment systems would be through management by an entity such as a Public Service District in order to ensure proper operation and maintenance of these systems Management of onsite and de centralized wastewater treatment by Public Service Districts will require a substantial ef fort in education and capacitybuilding Development Practices The impacts of new development on water quality can be reduced through the implemen tation of onsite measures and planning to man age overall development patterns Low Impact Development and Smart Growth principles rely on conservation of natural ar eas lot development and residential streets and parking lots to minimize impervious sur faces while preserving natural vegetation EX amples of development practices that mini mize the hydrologic impacts of new develop West Virginia Potomac Tributary Strategy ment are the inclusion of buffers in subdivi sion design creation of greenways riparian easements and development of land manage ment tools that affect overall development pat terns Information should be provided to local governments and the development community on costeffective ways to reduce the water quality impacts of new development There are substantial resources available for guid ance on Smart Growth and LowImpact De velopment practices that address the impacts of development on water resources Opportunities for conservation of natural ar eas improved lot design and clustered devel opment should be evaluated for application in the Potomac Basin Impediments to the im plementation of these principles should be identified and consideration should be given to providing incentives for their implementa tion Conservation development guidelines should be developed and distributed to coun ties and municipalities in the Potomac Basin A more complete understanding of these prac tices within county and municipality of ces as well as within the developmentdesign com munity should be promoted Effective land conservation is considered by many to be an essential component of manag ing for future increases in loads caused by new development A comprehensive land manage ment plan for the entire basin should be devel oped with a focus on balancing environmental and economic goals This plan could be used to identify sensitive lands and incorporate measures to protect or manage these lands relative to pollutant loads The plan should be prepared in concert with other countywide planning needs Outreach and Public Education Resolving stormwater management nutrient management onsite wastewater treatment and development concerns in a comprehensive systematic manner will require a signi cant public education and outreach component to reach the multitude of residents landowners and land managers in the basin As West Vir ginia is a popular recreational destination ef fort will be made to educate visitors and non Draft April 24 2004 Page 26 West Virginia Potomac Tributary Strategy resident landowners as to how they can help reduce the impact of their activities on local waterways and ultimately the Chesapeake Bay The sheer scope of urban strategies and the number of stakeholders involved will re quire promotion of individual responsibility and a conservation ethic Implementation of a Community Environmental Management CEM program would facilitate community involvement in the implementation of tribu tary strategies Community Environmental Management fos ters stewardship by enabling community en gagement and utilization of local knowledge and expertise to nd solutions to community environmental issues Avoluntary self initiated process CEM enhances community capacity to develop locally appropriate solu tions to environmental problems through a selfguided process of assessment planning and implementation The CEM process pro vides needed information and helps support an informed and deliberative public decision process by opening a dialogue with local lead ers and the community at large Thus CEM can leverage many resources to guide the land use planning and implementation of best man agement practices necessary for meeting and maintaining Cap Load Allocations The Chesapeake Bay Program provides watershed planning assistance that could be used to en able the development of CEM groups through out the Potomac basin in WV Additional education programs are needed to raise awareness of such issues as karst geol ogy the use of Best Management Practices septic system maintenance and lawn fertiliza tion In many ways outreach and education efforts may have the most positive effect on reducing nutrients and sediment and protect ing and improving our streams of all the prac tices implemented In addition where new modes of doing business are identi ed such as incorporating land conservation efforts with comprehensive planning the need for techni cal assistance and outreach at the county and local levels should not be overlooked The WVCA has already developed some educa tional materials for homeowners in the areas Draft April 24 2004 of nutrient management and septic system maintenance Outreach and education efforts will be evaluated to determine their affect on actual nutrient and sediment reductions Technical Assistance Implementation of the Urban Strategy will re quire increased capacities at the local and county level This will produce a need for technical and nancial assistance in the devel opment of these capacities Speci c to storm water management counties and municipali ties may need assistance in developing storm water management plans and guidelines train ing and information on new technologies Storrnwater management in WV would be greatly facilitated with the development of a statewide storrnwater management design manual and improved regulations Implementation Strategy for Urban and Mixed Open Lands Table 3 next page outlines Best Management Practices that will need to be implemented in order to meet the Cap Load Allocation for ur ban and mixed open lands An explanation of the individual best management practices is included in the appendices to the Tributary Strategy This implementation matrix at tempts to reduce nutrient and sediment loads for both current and future growth As it is impossible to accurately project future growth and land use changes in WV s Potomac basin the actual implementation strategy required to meet and maintain the Cap Load Allocation may substantially differ from the one outlined below Tracking Strategy Implementation In order to assess the impact of the implemen tation of nutrient and sediment reduction strategies it will be necessary for everyone in volved to track implementation efforts These records along with water quality monitoring are used by the Chesapeake Bay Program to determine progress towards meeting the resto ration goals outlined in the Chesapeake 2000 Agreement Stakeholders will be assisted by the WVCA in submitting information on the implementation of BMPs and other strategies Page 27 Table 3 Urban and Mixed Open Implementation Strategy See Appendix 3 for BMP definitions Disclaimer Implemen Pom sou tation strategy subject to revision based on con rmation by the Chesa Strategles Sectlon peake Bay Watershed Model Land Best Management Implementation Total T001 Use ractice Unit Units Pervious Urban In the 1980 s Nutr1ent Reductlon Urban Wet Ponds Acres Served 5131 T cmqlogy m the form 0f and Wetiands Blologlcal Nutr1ent Removal BNR Urban Dry Extended Acres Served 17959 was developed as the most cost effec Detention ponds t1ve way to reduce nutr1ents from treatment plants Urban Infiltration Acres Served 513 practices WWTPs 1n the Chesapeake Bay wa Urban Filtering Acres Served 513 tershed Technology generally ap Prac i39ces plied involves a succession of aerobic gm Stlream M39Ies 18 containing oxygen and anoxic es era Ion without oxygen tanks and microor Urban Forest Buffers Acres 1026 ganisms such as bacteria to break Urban Tree Planting Acres 513 do the Orgaluc mammal that conquot ta1ns n1trogen in wastewater There Hrban Nutrient Acres 20524 are two primary components of this Impervious Urban process Nitri cation occurs in the Urban Wet Ponds Acres Served 1 170 aer0b10tanks as orgamc thOgenfnd and Wetlands ammon1a are broken down into n1 U b D E t d d A S d 8 191 trate Denitri cation occurs in the Dretzgtioaypgnzr e ores ewe anoxic tanks as nitrate is further bro ken down into nitrogen gas This gas gSZTCIenSf39Itrat39on Acres served 234 then escapes into the atmosphere grbjtn Filtering Acres Served 234 In west Virginia the City OfMartjnS ra ces WW Urban Stream Miles 10 burg TP and Pllgrlm S Pnde Restoration have 1ncorporated technology for Mixed open BNR Martlnsburg s phosphorus F t B ff amp A 1 779 l l 1s on11ne but 1s not cur vser znd Eggiration ores rently functional due to the omission Tree planting Acres 1779 of chem1cal occulants Mixed Open Nument Acres 441470 The Town of Moore eld is currently re related to nutrient and sediment reduction This will likely entail an increase in record keeping in order to record stormwater man agement plans submitted by developers and implementation on existing urban lands and as such will require additional resources for the increased workload A significant effort will be required to make the goals of the Chesa peake Bay Program relevant at county and lo cal levels Nutrient and sediment reductions accomplished through implementation of this Strategy will also serve to improve water qual ity and designated uses in local waterways West Virginia Potomac Tributary Strategy p1 upusiug a State Of the Art gional wastewater facility to include the 2 poultry plants a portion of Hardy County and the Town of Moore eld The proposed plant will eliminate 3 discharge points and 2 com bined sewer over ows This facility is ex pected to have a positive impact on the South Branch of the Potomac River To accomplish this costly endeavor the town is actively seek ing grant funds to design and construct this project The primary technology available for phos phorus removal consists of chemical addition and occulation followed by tertiary clarifiers Draft April 24 2004 Page 28 West Virginia Potomac Tributary Strategy and separate sludge processing plate and frame presses Although the capital expendi tures for chemical addition and settling are generally not excessive the operation and maintenance of such systems can be signi cant Phosphorus removal requires additional chemicals and results in additional sludge pro duction Land application of sewage sludge generated from phosphorus removal will likely be prohibited The required chemicals can contain metals and may also remove addi tional metals from the wastewater concentrat ing them in the sludge An inability to land apply would generally result in the need for this material to be land lled Treatment processes and effectiveness vary signi cantly from plant to plant Those cur rently using lagoons would require a much more substantial investment to achieve BNR Technologies need to be evaluated for each individual facility in order to truly determine feasibility and cost Implementation Strategy for Point Sources 1 Include monitoring for TN and TP in new permits and existing permits upon reissuance To date WV has not required monitoring for total nitrogen and has only limited data on to tal phosphorus from point source dischargers Beginning February 18 2004 all municipal and applicable industrial permits issued or re issued in WV will include requirements to monitor for TN and TP 2 Contingent upon affordable funding im plement a voluntary partnership with local government to achieve the following load goals for new and existing municipal facilities For signi cant facilities 400000 gpd based on ow at design capacity discharge an annual average concentration of 5 mgl nitro gen and 05 mgl phosphorus For nonsigni cant facilities 50000 7 399999 gpd discharge an annual average concentration of 8 mgl nitrogen and lmgl phosphorus Draft April 24 2004 At a minimum expanding and new facilities will be strongly encouraged by WVDEP to prepare for the potential for nutrient limits in the future Facilities will be noti ed of the Chesapeake Bay Program goals and objec tives as well as the potential for a TMDL in the future and strongly encouraged to adopt NRT when undergoing plant upgrades or new plant construction Available grant funding for 100 of the capi tal costs would however be a strong incentive for local governments to partner with the state to achieve these load goals Only with some form of affordable federal or other nonstate nancial assistance can West Virginia achieve the reductions required to restore the Chesa peake Bay Future upgrades in WV include 2 facilities in Berkeley Co and 1 each in Grant Hampshire Hardy Mineral and Morgan Counties New proposed plants include 1 in Berkeley County and l in Hampshire County Upgrades and new construction are the result of population growth industrial expansion lack of adequate treatment for existing homes and the need to improve water quality 3 Work cooperatively with new and existing industrial and private dischargers to achieve the following load goals For signi cant facilities 400000 gpd based on ow at design capacity discharge an annual average concentration of 5 mgl nitro gen and 05 mgl phosphorus For nonsigni cant facilities50000 7 399999 gpd discharge an annual average concentra tion of 8 mgl nitrogen and lmgl phosphorus 4 Seek funding for BNR for upgrades and expansions Grant funding for BNR must be available for facility upgrades and expansions 5 Cooperate in nutrient trading Should a Chesapeake Bay trading program be developed WV will actively cooperate with the other Bay jurisdictions in nutrient trading efforts that would lead to achieving Bay goals Page 29 and objectives Reductions The goals outlined for both municipal and in dustrial facilities will result in the reductions in Table 4 below Consistent with the Chesapeake Bay Program model the assumed 2003 load is based on de sign ow discharge of 18 mgl TN and 5 mgl TP for the 49 signi cant and nonsigni cant facilities The reduction and estimated 2010 loads are based on discharges of 5 TN and 05 lbsyear Costs are based on estimates prepared by WV DEP s Engineering Section for municipal fa cilities and Chesapeake Bay Program NRT Capital Cost Summary for Point Sources by State and Category l2704 for industrials Mining West Virginia has 10 permitted nutrient re lated mining dischargers in the Potomac headwaters Two discharge at a volume below 50000 gpd Seven discharge at 400000 gpd or greater and l discharges between 50000 and 399999 gpd As with other point sources lbsyear TP for the 20 signi cant and 8 TN and 1 TP for the 29 nonsigni cant facilities as outlined 39 oa Costs Success with point source nutrient reductions in West Virginia is contingent upon affordable West Virginia has not required monitoring of TP and TN from these operations and has lim ited information on how much TN or TP they might discharge WVDEP will be evaluating these potential sources for their nutrient reduc tion potential funding table 5 West Virginia intends to seek 100 grant funding for capital costs for municipal facilities to implement BNR State agency low interest loans and other lending institutions do not represent affordable financ ing alternatives to the municipal facility and its rate paying customers Operation and maintenance costs for BNR at municipal waste water treatment facilities will be the responsibility of ratepayers It is ex pected this will add 7l7 per month per av erage customer to the 2550 rate already be ing paid West Virginia Potomac Tributary Strategy Draft April 24 2004 Agricultural Strategies Background information This strategy was developed on behalf of live stock poultry and crop producers by agricul tural representatives from WV s Potomac wa tershed the West Virginia Farm Bureau com modity groups including the West Virginia Poultry Association and Cattleman s Associa tion as well as government and non government officials The West Virginia agriculture community will continue implementation of a variety of prac tices that will reduce nutrients and sediment Page 30 West Virginia Potomac Tributary Strategy to ful ll its obligations under the Chesapeake Bay Agreement and to protect the waters of WV However the agricultural community is concerned that the Best Management Practice BMP s implementation numbers that are de veloped and included within this document could become mandatory if the cap load allo cation is not reached by 2010 Another con cern of the agriculture community is that the numbers generated by the Chesapeake Bay model are inaccurate and do not represent the actual nutrient and sediment contribution be ing made by agriculture in West Virginia Water quality and delivered loads must be veri ed by actual water quality monitoring An impressive voluntary incentive based ag riculture nutrient management program is al ready well under way in West Virginia and should be encouraged to continue by provid ing additional funds Incentive based cost share programs while effective continue to require substantial investment by the land owner There are many partially completed cost share programs in the Potomac Headwa ters Region that are not yet complete and have not been fully assessed in terms of water qual ity improvements and cost effectiveness New cost share programs require a 50 contribu tion from the government and a 50 contribu tion from the farmer In order to continue at the current rate of installation West Virginia recommends a 7525 cost share program for BMP s that have a direct positive effect on farm land and has the ability to increase farm pro tability If BMP installation only shows a downstream nutrient and sediment reduction and no positive effect on farm land then West Virginia is requesting a grant based program to cover the full cost of implementation and maintenance Strategy Installation of BMP s The State of West Virginia will continue to encourage and support the installation of vari ous agricultural BMP s and related programs in order to assist the state in meeting its cap load allocation The State will work with the Chesapeake Bay Program to promote the ac Draft April 24 2004 ceptance of all BMP s that have been imple mented even those installed under non government programs The following pro gram s have proven to be effective in this area and will continue to be encouraged Please refer to Appendix 6 for BMP de nitions Account amp Report all BMP s Farmers in WV have historically worked to maintain and improve water quality on their operations Many farmers also install prac tices without federal or state cost share dollars and these were unaccounted for by the state of WV or the Chesapeake Bay Program A pri ority of the State of West Virginia over the next 1218 months is to account for all previ ously installed BMP s for inclusion into the phase 5 model run WV will provide data demonstrating the efficiencies of and account ing for BMP s that are not currently recog nized by the Chesapeake Bay Program but have confirmed reductions of nutrients and sediment entering the stream Unrecognized BMP s will be developed and proven by using data and research from NRCS Universities and Extension and presented to the Chesa peake Bay Program Tributary Strategy Work group Currently there is an ongoing effort to develop better tracking mechanisms for all BMP installation Education The size and scope of educational programs within the Chesapeake Bay Watershed areas are vast but conducted by relatively few per sonnel within a limited number of producer and government organizations By working together farmers and support agencies enable agriculture to remain competitive and pro t able thus ensuring the sustainability of the family farm and the rural way of life West Virginia leads the nation in the percentage of family farms and recognizes the value of sus taining this tradition Through the efforts of the NRCS Conserva tion Districts WVCA WVU Extension and producer organizations West Virginia has had a very strong educational initiative for agricul ture throughout the Potomac Headwaters Re Page 31 gion Farmers have voluntarily participated in federal and state cost share programs that have been recognized as success stories both re gionally and nationally Educational outreach provided by the technical agencies was instru mental in the success of these programs The agricultural sector promotes increased 39 39 H t quot39 for39 39r and implementation of agriculture nutrient man agement plans and new BMPs erefore support through additional nancial resources for agencies developing nutrient management plans and encouraging BMP installation would help in reducing nutrients to the Chesa peake Bay Continued outreach to producers with existing nutrient management plans on the importance of maintaining and following their plans will be invaluable in limiting the over application of nutrients West Virginia can also turn to other states and organizations to nd programs that are bene cial to the agriculture community and continue to educate them on the importance of being good stewards to the land Programs such as Ohio s Livestock Environmental Assurance Program The National Pork Producers and Cattleman s Association Programs and Graz ing schools are all important tools that can be utilized for farmer education BMP Installation Program Many farmers have received federal and state cost share money see Appendix 5 for existing cost share programs to reduce nutrient runoff from their farms These cost share programs require signi cant matching funds as the agri culture producers contribution to the BMP installation Continued implementation of ad ditional BMP s is needed to meet the cap load allocations The administrating agencies will continue to encourage these programs There fore in order to signi cantly increase BMP s on agricultural land West Virginia will need to work with federal state and county govern ment and nonpro t organizations to identify and create additional funding sources to en courage farmers to continue participation in cost share programs In order to continue at the current rate of installation West Virginia West Virginia Potomac Tributary Strategy recommends a 7525 cost share program for BMPs that have a direct positive effect on farm land and has the ability to increase farm pro tability The West Virginia State Revolv ing Fund SRF allows participating landown ers to take advantage of lowinterest loans for the required match associated with the instal lation of BMPs In order to meet the nutrient and sediment re ductions to the Bay the State will also seek additional funding to cover 100 of the costs associated with the implementation of new BMP s which have a positive effect on down stream waters but do not increase farm pro t ability This would encourage past non participants to take part in BMP installation programs as well as target farms with extreme agriculturalenvironmental issues The goal is to improve these farming operations and sub stantially reduce the amount of sediment and nutrients entering the stream Alternative Uses of Poultry Litter West Virginia will continue to explore alterna tive uses of poultry litter Subsidies on litter transport out of the watershed have been ef fective in the past and funding will continue to be pursued to support similar programs The Potomac Valley Conservation District PVCD is also in the process of working with sister conservation districts outside of the Bay drainage to set up central distribution sites for litter marketing The PVCD has strongly supported commer cialized composting over the past ten years and has been successful in the startup of two private composting businesses that are bag ging and marketing the nished product out ofstate The composting process signi cantly reduces the nitrogen content of the nished product Wellover 50000 tons of poultry lit ter have been processed and exported through these businesses over the past five years Technical assistance and support will continue to be directed towards these efforts as well as expanding into other innovative areas of alter native uses including pelletization and out side of the watershed marketing of poultry lit ter for fertilizer Draft April 24 2004 Page 32 West Virginia Potomac Tributary Strategy A litter transport program will enable the Ag riculture Sector to more easily reach their goal Litter Transport out of the watershed is an extremely effective nutrient reducing BMP In 2001 to 2002 a 75000 pilot litter transport program funded by the West Virginia Gover nor s of ce and Wampler Foods now Pil grim s Pride was initiated During this pro ject 7000 tons of litter was transported from the watershed giving West Virginia a very sig ni cant nutrient reduction This program not only helped us move closer to meeting our Cap Load Allocation but allowed farmers in the central part of West Virginia to improve their soil If a litter transport program is not utilized yearly in West Virginia a signi cant mix of BMP s that equals the effectiveness of a litter transport program would have to be in stalled in order to meet the cap load allocation West Virginia Department of Agriculture Poultry Waste Energy Recovery POWER Project demonstrated that hightemperature thermophilic anaerobic digestion is a techni cally sound and operationally reliable tool for waste management and resource recovery During its ve years of operation the demon stration plant met or exceeded each objective set for the individual and combined treatment of various types of poultry litter poultry mor tality process waste municipal wastewater and municipal solid wastes Anaerobic diges tion was shown to be especially effective for the processing of mixed waste streams This provides the opportunity to combine poultry waste litter and mortality with municipal wastewater in strategically located integrated facilities These integrated facilities include anaerobic digestion systems and fertilizer plants which pro tably and simultaneously serve the infrastructure needs of local munici palities and surrounding agricultural commu nities The demonstration project used 1 ton of litter per day to operate A full scale di gester has the ability to use 85 tons of poultry litter and 200000 gallons of municipal waste water per day The cost of a full scale digester is approximately 12 million dollars This technology will continue to be explored and promoted as an alternative to over application Draft April 24 2004 of litter and municipal wastewater disposal Poultry litter can to be converted to highly us able biodiesel fuel using current technology For example the US Department of Energy s Regional Biomass Energy Program helped fund a demonstration project to develop tech nology that can convert poultry litter into biofuel In addition West Virginia Univer sity has discovered a relatively simple chemi cal process for converting agricultural waste into liquid fuel Testing has shown that this prototype biodiesel fuel compares favorably in all respects with petroleum based diesel fuel The university hopes to commercialize this technology within the next decade and provide educational support for onfarm conversion of agricultural wastes 27 The demonstration re actor is capable of converting l2 tons of poul try litter per day into biodiesel fuel Contin ued support of this technology will be impor tant both environmentally and economically to all poultry producers within the Bay drainage Development ofNew BMP s Research on new and innovative BMP s will be pursued Research should be initiated to develop BMP s that provide additional reve nue to the producer through improved produc tion and pro t as well as substantial environ mental ef ciencies West Virginia will also encourage the development and acceptance of BMP s that are currently not recognized by the Bay Program Rip Rap is a practice not rec ognized by the Bay Program yet installation reduces sediment and phosphorus loss by holding streambank soil in place Research by Universities the NRCS and other resource agencies will continue to measure the effectiveness of current BMP s as well as de velop area speci c BMP s Emerging tech nologies including genetic engineering feed ef ciency and new feed additives have the potential to decrease supplementation of addi tional nutrients within livestock and poultry rations Enhanced utilization of micro and macro mineral components and increased ef ciencies of nutrient class conversions protein energy could become prevalent in future BMP scenarios Page 33 According to the Chesapeake Bay Program stream buffers are the most effective tool available to reduce nutrient transport from ag ricultural lands This requires converting row crop on prime agricultural land bordering streams to grass shrub or forest In West Vir ginia where prime agricultural land occurs mostly in the alluvial soils of narrow river val leys farmers are highly resistant to losing any of the limited land available for the production of high nutritional value livestock feeds such as corn and corn silage Proposed research by WVU provides a holistic approach for bio mass production using warrn season grasses WSG as a replacement for row crops on allu vial soils The proposed research if funded will assess nutritional content of WSGs rela tive to row crops and the relative cost of pro duction of a quotunitquot of nutrition reductions in energy use through installation of low mainte nance WSGs to replace high maintenance row crops will also be assessed A demonstration of the effectiveness of WSGs in reducing the transport of nutrients and sediment reducing erosion and increasing farm pro ts could make this WV research important to the farm ing community throughout the Bay watershed Natural Stream Restoration Natural Stream Restoration NSR is a new and evolving technology within West Vir ginia The intent of NSR design is to restore conditions that will allow natural uvial proc esses to create a stream bed that is both stable and complex Natural Stream Design allows a stream system to naturally heal itself by al lowing more ef cient water and sediment transport within the channel to reduce bank erosion problems and has the potential to pro vide a lower cost alternative to installation of riprap The West Virginia Conservation Agency is a strong proponent of this emerging technology and has successfully installed three demonstration projects within the Bay drain age Three additional projects are currently in the planning stages and will be implemented within the next year Of these demonstrations one particular project site was estimated to be contributing 3000 tons of sediment to the Po tomac River annually before installation West Virginia Potomac Tributary Strategy West Virginia will continue to support this technology and promote funding opportunities which will have a significant impact upon sediment loading to the Bay Farm Land Easements Conservation easements will be used basin wide to help prevent transition of agricultural land with minimal impervious surfaces to suburban or urban uses A conservation ease ment is a exible legal tool that enables land owners to permanently protect the natural scenic and historic values of their property from development and subdivision Because an easement is perpetual it is transferred with the property when it is sold thereby protecting the land forever While many easements are donated to county and state governments or quali ed nonpro t organizations there are several programs in West Virginia that if funded could purchase conservation ease ments on important farmlands The Federal Farm and Ranchland Protection Program FRPP coupled with the countybased Farm land Protection Boards springing up through out West Virginia can work together to pur chase development rights from farms keep farmers working on their land and provide money that may enable farmers to install more BMP s Funding should be sought to match federal funding for agricultural easements and assistance and support should be made avail able to counties and local organizations wish ing to accept conservation easements in West Virginia Trading A trading program could be an important tool to help West Virginia meet its cap load alloca tion Point sources could pay farmers to con tinue to install Agriculture BMPs at a fraction of what it would cost point sources to make upgrades Another idea is the installation of new technology such as a poultry litter di gester The technology for a full scale di gester costs approximately 12 million and a point source may be willing to nance such an operation in order to lower the amount of nu trients that they must reduce at a lower price Draft April 24 2004 Page 34 West Virginia Potomac Tributary Strategy Water Quality Testing The West Virginia Department of Agriculture will continue to monitor and test the waters of the state that drain to the Chesapeake Bay This will help to diminish the reliance on the model by providing actual water quality data This monitoring may also serve to better determine the ef ciencies of BMP s installed in the region and document the transport time of nutrients owing to the Bay Preliminary Implementation Plan The peliminary implementation plan for Agri culture is provided in Table 6 This imple subject to revision based on con rmation by the on changes to required Draft April 24 2004 mentation strategy is subject to revision based on con rmation by the Chesapeake Bay Wa tershed Model based on changes to required Cap Load reductions from water quality moni toring results and based on other changes in understanding of current status in 2002 Costs Success in achieving agricultural nutrient and sediment reductions in West Virginia is con tingent on funding Table 7 provides an esti mate of costs for the proposed strategy Bay Watershed Model load reductions from water quality monitoring results and based on other changes in Page 35 Per Year Maintenance of Current BMPs cost or increases in implementation rates Final made to include in nal document Forestry Strategy Converting open and agricultural lands to for est is one of the most effective land manage ment practices available for reducing nutrient and sediment loss from WV lands However this strategy recognizes that proper manage ment and use of forested lands will also play an essential role in WV s comprehensive strat egy for protecting both WV waters and the Chesapeake Bay Introduction West Virginia contains 24640 square miles of which approximately 19200 square miles 78 are forested making WV the third most heavily forested State in the Nation 28 Eighty eight percent 88 of WV s timberland is held by private landowners with the remain ing 12 owned by local state and federal governments Ninetyfour percent 94 of the State s forest is comprised of hardwoods These forests con tribute more than 32 billion annually to the State s economy and are the only natural re source industry found in every West Virginia county The Eastern Panhandle s eight coun ties consist of 3574 square miles with roughly 1600 square miles in the non industrial forest land base A study done by West Virginia Potomac Tributary Strategy Total Cost West Virginia University in 1995 indicated that the Eastern Panhan dle s forest industry contributes 374 million 12 to the economy and 3562jobs 12 of area s total Between 1993 and 2003 the average annual timber harvest in WV s Poto mac watershed was 22643 acres per year During that time nine percent of the region s forested lands were harvested 90 by selection cutting A comparable harvest rate is antici pated from 2004 through 2010 with a 136000 acres harvest projected during that time an average of 19500 acres per year Forestry s approach towards minimizing pollution from forestry operations and therefore their method for developing a forestry Strategy is best understood through a historical perspective Logging Nearly all of West Virginia s forests had been harvested by 1930 and the logging practices in common use at that time caused substantial erosion of WV s lands which resulted in sedi mentation problems for many WV streams As the forest renewed itself and began to ma ture sustainability of West Virginia s forest resource became a concern During the 196039s Forest Practice Standards were adopted and generally agreed upon by indus try academia colleges and universities fed eral and state agencies in order to ensure the forest s future These Forest Practice Stan dards were designed to ensure clean water and a healthy productive forest In 1972 the Forest Practice Standards were revised and voluntary compliance was implemented until 1992 While cutting trees itself does not typically cause erosion activities associated with log ging such as haul roads skid trails and log landings as well as silvicultural activities such as site preparation and mechanical tree plant ing can cause erosion and thus sedimentation if not done properly In 1992 the West Vir Draft April 24 2004 Page 36 ginia Legislature enacted the Logging Sedi ment Control Act LSCA WV Code 19 1B 12 This measure was passed to control nonpoint sources of sedimentation from log ging operations Public lands in the eastern panhandle which include all State and Federal Forests are also subject to the LSCA BMP s The LSCA addresses these activities and is summarized as follows 0 Best Management Practices BMP s are reguired by law in West Virginia to be used by timber operators BMP s are reviewed every three years by a panel of experts to ensure the latest technology is being utilized Timber Operators are required to be li censed and have a certi ed logger on site Small landowners who operate are not required to have a license but must le for an exemption The exemption proc ess only excludes the operator from the licensing and certi cation but they must comply with BMPs to the same degree as those licensed Timber Operators are required to be trained every three years in BMP s Chainsaw Safety and First Aid Recerti cation training covers subjects in recla mation silviculture business manage ment sustainable forestry equipment safety etc Emphasis has been placed on Streamside Management Zones SMZ to prevent ex posure of mineral soil and potential ero sion The minimum SMZ width for per ennial or intermittent streams is 100 feet slope distance On ephemeral streams the SMZ is 25 feet Soil disturbance in these areas must be minimized The WV Division of Forestry WVDOF is mandated to inspect and enforce regu lations pertaining to logging operations The law empowers the WVDOF to issue compliance orders suspend logging ac tivities seek civil penalties to prevent sedimentation andor issues citations un der 191B12 BMP standards require roads to be seeded and mulched to control erosion once a logging operation has been com West Virginia Potomac Tributary Strategy Draft April 24 2004 pleted Wild res Since 1949 approximately 35 million acres of West Virginia forest lands have burned The destructive results of these res include timber mortality and degraded value wildlife habitat destruction and reduction of aesthetic appeal Extensive erosion also results from these wild res caused by the loss of the forest under story and leaf litter that protects the underly ing soil from rainfall This results in a major avenue for sediment to enter stream channels following a rainfall event Studies of stream sedimentation from nonpoint sources in West Virginia indicate that wild res on land with a history of repeated burns can have a greater impact on water quality than other potential sources such as oil and gas agriculture con struction and logging operations WVa Code Chapter 203 empowers the DOF to write cita tions and impose nes on individuals who vio late this section of the Code The potential for sedimentation due to forest res is tremendous with erosion rates ranging from 55 tonsacre to over 250 tonsacre per year following forest res In the West Vir ginia counties of concern to the WV PTS 1020 res burned 7265 acres of forested land over the past 5 years an average of 204 res and 1453 acres burned per year The number and magnitude of res varied greatly from year to year The drought years of 2000 and 2002 had severe res that burned many acres of land 3199 and 2769 acres respectively while during 2003 unusually wet conditions suppressed the potential for res and only 89 acres burned See Appendix 7 for details The WVDOF is mandated by law to enforce the State Code that relates to wildfires WVDOF personnel work with the public to 0 prevent res through the education of school children and landowners detect res through aircraft detection and reporting by 911 centers 0 suppress res if they should occur 0 investigate the cause of res and 0 enforce wild re law violations Chapter 203 Page 37
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