Intermunicipal Planning for the Black & Oatka Creek Watersheds

Watershed Management Plans A brief word from our sponsors…

“This project is being developed for the New York State Department of State Division of Coastal Resources with funds provided under Title 11 of the Environmental Protection Act Local Waterfront Revitalization Program.” A brief word from our sponsors…

Town of Wheatland, NY – EPF Project Sponsor Drawing from a Broad Coalition

http://www.blackcreekwatershed.org/

Soil and Water Conservation Districts in Five Counties LOCAL CITIZENS & STAKEHOLDERS 31 Municipalities Various other federal, state and local agencies… Watershed Management Planning

• Four Legs of the Stool • Stages • Balancing Act - Quality of conflicting uses • Restoration and Protection • Land use and land value • Tools in the toolbox • Prioritize issues and target funding • Coordination and cooperation Four Legs of the Stool

• Oversight and Involvement • Education and Outreach • Public Participation • Fact Finding Stages

• Existing State • Desired State • Strategies and Actions Selection of Planning Activities Prior to WMP • Black Creek Watershed Coalition • Oatka Creek Watershed Committee • State of the Basin Reports • Controlling Sediment in the Black & Oatka Creek Watershed Project – G/FLRPC project funding by the Great Lakes Commission • Watershed Guides/Pamphlets • Various flood/hazard mitigation planning activities • Wide variety of additional local planning, DEC natural resource inventorying, water quality sampling & monitoring, and mitigation activities by local governments, SWCDs and academia Watershed Management Plan Components • Major components: • Project Advisory Committees • Characterization • Sub-watershed Evaluation • Regulatory/Programmatic Evaluation • Watershed Recommendations and Implementation Schedule

Watershed Characterization

• Project Overview and Background • Soils • Description of the Study Area • Surface Water Chemical Characteristics • Watershed Delineation • Water Quality Criteria and Standards • Municipalities • Water Quality Data Summary • Ecoregion (including t emperature and • Biological Characteristics precipitation ) • Coliform Bacteria • Planning Considerations • Benthic Macroinvertebrates • Planning History • Fish • Existing Watershed Reports and Studies • Other Animals • Inventory of Local Regulations • Biological Elements of Special Concern • Population • Watershed Runoff Export Coefficients • Development • Method • Public Lands and Trails • Results • Agriculture • Identification of Impairments and Threats • Pollution Control • The Environmental Risk Assessment Process • Physical Characteristics of the Watershed • Resource Management and Risk Assessment • Hydrology in Perspective • Land Use and Land Cover • Identification of Threats and Impairments • Elevation and Steep Slopes • Next Steps in the Watershed Planning Process • Geology • Appendices •202.22 sq. miles •Portions of Wyoming, Genesee, Orleans, Monroe Counties •19 municipalities in the Black Creek Watershed •Genesee River Basin - 17 major watersheds •3rd largest - 8% of Genesee River Basin •216.8 sq. miles •Portions of Wyoming, Genesee, Livingston and Monroe Counties •25 municipalities in the Oatka Creek Watershed •Genesee River Basin - 17 watersheds •2nd largest - 9% of the Genesee River Basin. % of Black Creek Watershed Property Classification Category Acres Area Land Use (1) Agricultural Property used for the production of crops or 60,302.89 48.5% livestock within the

(2) Residential Property used for human habitation 33,566.89 27.0% Black

(3) Vacant Land Property that is not in use, is in temporary use, or lacks 14,393.92 11.6% Creek permanent improvement

(4) Commercial Watershed Property used for the sale of goods and/or services 1,832.23 1.5%

(5) Recreation and Entertainment Property used by groups for recreation, amusement, or 1,650.59 1.3% entertainment

(6) Community Services Property used for the well being of the community 1,961.95 1.6%

(7) Industrial Property used for the production and fabrication of 833.56 0.7% durable and nondurable man-made goods

(8) Public Services Property used to provide services to the general public 1,125.89 0.9%

(9) Wild, Forested, Conservation Lands & Public Parks Reforested lands, preserves, and private hunting and 5,241.46 4.2% fishing clubs

Unclassified Property or land that has not been or is unable to be 3,486.92 2.8% classified Property Classification Category Acres % of Oatka Creek Watershed Area Land Use Agricultural Property used for the production of crops 72,042.50 53.67% within the or livestock Residential Oatka Creek 31,312.95 23.33% Property used for human habitation Vacant Land Watershed Property that is not in use, is in temporary 15,910.77 11.85% use, or lacks permanent improvement Commercial Property used for the sale of goods and/or 1,511.65 1.13% services Recreation and Entertainment Property used by groups for recreation, 1,048.24 0.78% amusement, or entertainment Community Services Property used for the well being of the 1,639.84 1.22% community Industrial Property used for the production and 3,701.38 2.76% fabrication of durable and nondurable man-made goods Public Services Property used to provide services to the 1,328.88 0.99% general public Wild, Forested, Cons. Lands & Public Parks Reforested lands, preserves, and private 1,853.28 1.38% hunting and fishing clubs Unclassified Property or land that has not been or is 3,880.07 2.89% unable to be classified

2006 NLCD Land Cover within the Oatka Creek Watershed NLCD Category Acres % Cover 11 - Open Water 263.54 0.2% 21 - Developed, Open Space 6,233.06 4.5% 22 - Developed, Low Intensity 2,194.81 1.6% 23 - Developed, Medium Intensity 553.99 0.4% 24 - Developed, High Intensity 130.77 0.1% 31 - Barren Land 521.52 0.4% 41 - Deciduous Forest 23,331.22 16.9% 42 - Evergreen Forest 819.75 0.6% 43 - Mixed Forest 4,733.67 3.4% 52 - Shrub/Scrub 5,663.28 4.1% 71 - Grassland/Herbaceous 479.71 0.3% 81 - Pasture Hay 43,436.60 31.5% 82 - Cultivated Crops 43,042.30 31.2% 90 - Woody Wetlands 6,221.27 4.5% 95 - Emergent Herbaceous Wetlands 407.65 0.3%

Total 138,033.14

Analysis of Natural Land Cover within a 300’ Buffer of All Streams, by Subwatershed

Natural % HUC 12 Riparian Buffer % Forest %Wetland Cover Imper Subwatershed Area (Acres) Total vious

Oatka Creek 4,034.2 42.4% 7.5% 50% <1% Headwaters

Pearl Creek 6,345.1 32.4% 5.3% 37.7% <1%

White Creek 3,198.9 26.4% 18.8% 45.2% <1%

Mud Creek 1,368.8 19.2% 21.0% 40.2% <1%

Village of LeRoy 1,511.2 18.5% 26.2% 44.7% 2.3%

Oatka Creek Outlet 1,960.2 27.5% 27.4% 54.9% <1%

Oatka Creek Watershed 18,389.61 30.9% 13.4% 44.3% <1% Black Creek Watershed Surface Water Chemical Characteristics • USGS 04231000 Black Creek @ Churchville, NY (2005-2009) • NY-DEC RIBS 1 Black Creek in Byron @ State Route 237 (2002) • SUNY Brockport 2 “Lower Black Creek” (2010) 1. Rotating Intensive Basin Study 2. Dr. Joseph C. Makarewicz, SUNY Brockport Black Creek Watershed Surface Water Chemical Characteristics Oatka Creek Watershed Surface Water Chemical Characteristics NY-DEC Ambient Water Quality Standards • Waterbody Classification: A-D based on designated “best use” Oatka Creek Watershed Biological Characteristics Benthic Macroinvertebrates

• RIBS 1990s: “slightly impacted” • RIBS 2005: “slightly impacted”

Black Creek Headwaters & Spring Creek Subwatersheds • The Black Creek Headwaters is the largest or second largest subwatershed in most categories, followed in large part by the other upper subwatershed, Spring Creek. • Largely agricultural with steep slopes with a significant number of Section 303(d) Impaired/TMDL Waters. Robins Brook and Hotel Creek Subwatersheds • Fairly high wetland concentration • Floodplains • Fairly low slope • Largely agricultural and forested lands outside of the Village of Churchville and Bergen. Black Creek Outlet and Mill Creek Subwatersheds • Low relief • Large floodplains • More developed land cover • Outside of the City of Batavia, the highest population density as well as a high percentage of the 303d Impaired/TMDL Waters Oatka Creek Headwaters & Pearl Creek Subwatersheds • Pearl Creek is the largest subwatershed. • In general these two subwatersheds are relatively undeveloped with a low percent of impervious cover, high percent of forest cover, riparian cover and agricultural uses, and fairly low population density. • TSS, sediment, streambank erosion, nutrients, bacteria • CAFOs, on-site waste water, 2 WWTP (Warsaw and Pavilion) • Streambank remediation White Creek and Mud Creek subwatersheds • Characterized by relatively low impervious cover and forest cover, a high percentage of wetlands in the case of the White Creek subwatershed, agricultural uses, and fairly low population density. • White Creek • nutrients, sediment, and coliform bacteria management practices Village of LeRoy and Oatka Outlet subwatersheds • Relatively high population density and agricultural uses, relatively low forest and riparian cover, and in the case of the Oatka Creek Outlet subwatershed, very high impervious cover. • Village of LeRoy Subwatershed - Village of LeRoy WWTP , elevated nutrients and coliform abundances observed • Oatka Creek Outlet Subwatershed – trout fishery

Summary of Local Land Use Regulations Among Primary Municipalities in the Black Creek Watershed Provisions for Erosion/ Summary of Site Plan Subdivision Flood Damage Comprehensive Plan Zoning Planned Unit or Sediment Control Review Law Prevention Cluster Dev’t Law Local Land 1983 Town of Bergen* 1996 Yes Yes Yes Yes Yes (e-code) Use Town of Bethany* 2008 2008 Yes Yes Yes Yes Yes Regulations Yes 1993 Town of Byron* 2013 Yes Yes Yes (see General Yes (under revision) Among Provisions) 1994 Town of Caledonia 1964 Yes Yes Yes No Yes Primary (ecode) Village of 2003 1999 Yes Yes Yes unk unk Caledonia Municipalities No No Town of Castile 1967 1996 Yes (section Yes unk in the Oatka (section reserved) reserved) No Creek Town of Covington 2006 2007 Yes Yes Yes (plat review by Yes SWCD) Watershed Town of 1995 2004 No No No No Yes Gainesville (within zoning) Town of LeRoy 2002 1999 Yes Yes Yes No Yes

Village of LeRoy 2001 1990 Yes Yes Yes No Yes Town of 2009 2009 Yes No Yes No Yes Middlebury* (within zoning) Town of 2009 2009 Yes No Yes Yes Yes Orangeville (online) Town of Pavilion 2003 2006 Yes Yes Yes No Yes Town of Perry 1969 2000 Yes Yes Yes No Yes 2008 Town of Riga 2008 Yes Yes Yes Yes Yes (ecode) Village of 2004 2008 Yes Yes No No Yes Scottsville 2009 Town of Stafford* 2009 Yes Yes Yes No Yes (e-code) 2004 Town of Warsaw 2004 Yes Yes Yes No Yes (within zoning) Village of Warsaw 1994 1995 Yes Yes Yes No Yes Town of 2008 2004 Yes Yes Yes Yes Yes Wheatland* (e-code) Village of None 1994 Yes No Yes No Yes Wyoming

Recommendation Categories • Coordination, Collaboration & Partnership • Agriculture • Stormwater Management & Erosion Control • Forestry & Silviculture Management • On-Site Wastewater Management Systems (OWTS) • Waste Water Treatment Plant Systems (WWTPS) • Hazardous Waste Management • Roads and Highways • Wetlands, Riparian Zones, and Floodplains • Regulatory Management • Reduce nutrient and contaminant inputs to surface waters • Natural Resource and Habitat Protection Recommendation Categories • Coordination, Collaboration & Partnership • Agriculture • Stormwater Management & Erosion Control • Forestry & Silviculture Management • On-Site Wastewater Management Systems (OWTS) • Waste Water Treatment Plant Systems (WWTPS) • Hazardous Waste Management • Roads and Highways • Wetlands, Riparian Zones, and Floodplains • Regulatory Management • Reduce nutrient and contaminant inputs to surface waters • Natural Resource and Habitat Protection Highest Ranked Recommendations Black Creek Watershed • Agriculture • Expand agricultural and soil health initiatives that provide technical assistance and incentives to implement practices such as cover cropping, nutrient management, conservation tillage, conservation cropping systems • Stormwater Management & Erosion Control • Create green infrastructure standards • Restore very severe streambank segments using ecologically-based stream restoration • Waste Water Treatment Plant Systems (WWTPS) • Complete a characterization of WWTP effluent to assess levels of contaminants that are discharged • Reduce nutrient inputs and contaminants to surface waters • Develop nutrient and sediment reduction strategies for sub-watersheds and continue working with NYSDEC and TMDL project Highest Ranked Recommendations Oatka Watershed • Agriculture • Create and maintain riparian buffer zones for streams adjacent to agricultural land starting with the critical areas • Stormwater Management & Erosion Control • Restore very severe streambank segments using ecologically-based stream restoration • Forestry & Silviculture Management • Encourage private landowners to apply sound forest management practices to woodlands: NYS Forestry Best Management Practices for Water Quality • Waste Water Treatment Plant Systems (WWTPS) • Upgrade WWTP to tertiary treatment or consider closing and transferring sanitary flows • Regulatory Management • Enforce floodplain development regulations Public Meetings • Oatka Creek Watershed – February 9, 2012, 6:30-8:00 pm – August 28, 2014, 6:30-8:00 pm – Pavilion Fire Department Recreation Hall located at 11302 Lake Road, Pavilion, New York • Black Creek Watershed – February 7, 2012, 6:30-8:00 pm – September 3, 2014, 6:30-8:00 pm – Byron Fire Department Recreation Hall located at 6357 East Main Street, Byron, New York Questions?

Website http://www.gflrpc.org

David Zorn 585-454-0190 x14 [email protected]