VERMONT NONPOINT SOURCE MANAGEMENT PROGRAM . PHASE ONE OF THE STATE CLEAN WATER STRATEGY prepared by Vermont Agency of Natural Resources Department of Environmental Conservation August 1988 VERMONT STATE CLEAN WATER STRATEGY (Phase I) NONPOINT SOURCE MANAGEMENT PROGRAM (Including Point Sources on Targeted Waterbodies) Vermont Agency of Natural Resources Department of Environmental Conservation Division of Water Quality Building 10 North 103 South Main Street Waterbury, Vermont 05676 802/244-6951 August 1988 TABLE OF CONTENTS I. summary . 1 II. statutory Basis and Process . 3 III. Preliminary Nonpoint Source Management Program Needs . 11 IV. Water Resources of Primary Concern . 45 v. Vermont Nonpoint Source Task Force Resolutions . 153 VI. Consistency Review . 187 VII. Appendices ••.•. 190 A. Notes from Regional Workshops B. Public Meeting Notes c. Task Force Membership and Affiliation i LIST OF FIGURES Figure 1. Number of High Priority Impaired Targeted Waterbodies by Drainage Basin and for Lake Champlain . 46 Figure 2. Vermont River Basins with Surface Waterbodies.. 49 Figure 3. Number of Targeted/Threatened Surface Waterbodies by Drainage Basin and for Lake Champlain • • . • • . • • • • • 90 LIST OF TABLES Table 1. EPA Nonattainment Source List .. •. •••.• 4 ii LIST OF ABBREVIATIONS USED IN THIS DOCUMENT ACDA/DHCA...... ..... Agency of community & Development Affairs/ Dept. of Housing & Community Affairs ACP................. Agricultural conservation Program ACP-LTA............. Agricultural conservation Program/Long Term Agreement AMP................. Acceptable Management Practice ANCF............. ... Aquatic Nuisance control Fund ANR/DEC.......... ... Agency of Natural Resources/Dept. of Environmental conservation APA ................. Adirondack Park Agency BMP.............. ... Best Management Practice CERCLA ..............Comprehensive Environmental Response compensation Liability Act cso ................. Combined sewer Overflow EB...... ............Environmental Board EMCP .. : ............. Eurasian Milfoil control Program FERC ................ Federal Energy Regulatory Commission FFNA ................ Fisheries Flow Needs Assessment FHWA ................Federal Highway Administration HRS ................. Hazard Ranking System IJC ................. International Joint commission LCC....... .......... Lake Champlain Committee LRP........ ......... st.Micheal's College Local Roads Program LUST ................ Leaking Underground Storage Tank NEIWPCC ............. New England Interstate Water Pollution Control commission NH DWPC ............. New Hampshire Dept. water Pollution Control NOAA................ National oceanic & Atmospheric Adminis­ tration NPDES ...............National Pollution Discharge Elimination system NFL................. National Priorities List NWI ................. National Wetlands Inventory NRCD............. ; .. Natural Resources Conservation District NY DEC .............. New York Dept. of Environmental Conser­ vation PCB ................. Polychlorinated Biphenyl PL-83-566 ........... Watershed Protection & Flood Prevention Program POTW................ Publicly-owned Treatment works PRO ................. Protection, Permits, and Compliance Division, VT Dept. of Environmental Conservation FWD................. Public Works Department RC&D ................ Resource Conservation & Development Program RPC.......... ....... Regional Planning Commissions RCRA................ Resource Conservation and Recovery Act RCWP...... .......... Rural Clean Water Program US/ACOE............. U.S. Army,corps of Engineers iii US/ARS .............. U.S. Agricultural Research service USDA/ASCS........... U.S. Dept. of Agriculture/Agricultural stabilization & Conservation Service USDA/NFS............ U.S. Dept. of Agriculture/National Forest Service USDA/SCS............ U.S. Department of Agriculture/Soil Con- servation service US/EPA .............. U.S. Environmental Protection Agency USF&WS.............. U.S. Fish and Wildlife Service USGS................ U.S. Geological survey UST ................. Underground Storage Tank UVM................. University of Vermont VACD................ VT Association of conservation Districts VANSTF.............. VT Agricultural Nonpoint Source Task Force VCES................ VT Cooperative Extension Service VDA................. VT Dept. of Agriculture VDFP&R .............. VT Dept. of Forests, Parks, & Recreation VDFW................ VT Dept. of Fish and Wildlife VDOH................ VT Dept. of Health VNRC................ VT Natural Resources council VAOT................ VT Agency of Transportation WWTF......... � ...... Wastewater Treatment Facility WRB ................. Vermont Water Resources Board. iv I. Summary Nonpoint source pollution is now acknowledged to be the major source of water use impairment to Vermont surface and ground water resources. Four recently completed assessments on nonpoint source (NPS) pollution indicate that nonpoint-related impacts occur in each drainage basin of Vermont. The types and extent of water quality problems associated with these sources of pollution, however, showed a considerable degree of variation between basins. overall, the major causes of use impairment to surface water from nonpoint sources were siltation and turbidity, nutrients, flow alteration, and noxious aquatic plants. The major causes of ground water contamination were from pollutants originating from landfills, petroleum product storage or transport, and human waste disposal systems. In order to respond to the variety of nonpoint source problems in an orderly and effective manner over the next four fiscal years and beyond, a series of management program objectives and action plans have been developed to increase the efficiency of federal and state nonpoint source controls. Achieving visible water quality improvement or protecting high quality waters from degradation will be accomplished using either one or a combination of six management programs--education, financial assistance, technical assistance, monitoring and evaluation, regulatory, and continued planning. Certain impaired and threatened surface waters and ground water resource areas were designated as water resources of primary concern worthy of special attention through a series of public meetings. This series of meetings has assisted the assessment and targeting phases of both the Nonpoint source Management Program and the State 1 2 Clean Water Strategy. This subset or list of "targeted" waters are the subjects of a strategic, multiyear action program to restore water uses or protect uses from becoming impaired from either point or nonpoint sources of pollution. The Vermont NPS Management Program includes a comprehensive list of 87 impaired surface waterbodies and 4 ground water resource areas referred to as "targeted/high priority." Another list contains 276 surface waterbodies referred to as "targeted/threatened." Targeting ground and surface water resources with medium and low priorities has yet to occur. The Vermont Clean Water Strategy will describe how the state will focus its implementation programs to address water quality problems in targeted waterbodies. Administrative and fiscal opportunities will dictate the number and order of restoration or protection activities. In addition to the public process to target waterbodies, a separate process was conducted to review the technical and programmatic adequacy of nonpoint source control measures (including best management practices and implementation programs). This review process was performed by the Vermont Nonpoint Source Task Force that had been established by the Secretary of the Vermont Agency of Natural Resources. Although deficiencies to some practices and programs were identified, the creation of new laws was not viewed as important in controlling nonpoint source pollution as the enforcement of existing laws, rules, or regulations. 3 II. Statutory Basis and Process The 1987 Amendments to the Federal Clean Water Act (CWA) focus on the development and implementation of programs to control nonpoint sources (NPS) of water pollution which are typically diffuse and which do not result from a discharge at a specific single location such as a pipe. NPS pollution has been defined by the U.S. Environmental Protection Agency (EPA) as: "caused by diffuse sources that are not regulated as point sources and normally is associated with agricultural, silvicultural and urban runoff, runoff from construction activities, etc. Such pollution results in the human-made or human-induced alteration of the chemical, physical, biological and radiological integrity of water. In practical terms, NPS pollution does not result from a discharge at a specific, single location but generally results from land runoff, precipitation, atmospheric deposition or percolation••. " The listing of categories and subcategories of point and nonpoint sources of pollution recognized by EPA to result in nonattainment of federal fishable and swimmable water quality goals is presented in Table 1. In order for the goals of the CWA to be met, control programs are to be established in an expeditious manner through the State Nonpoint Source Assessment Report, the State Nonpoint Source Management Program, and the State Clean Water Strategy. The Assessment Report is to identify the nature and extent of water quality problems caused by NPS pollution. The Management Program is to provide an overview of the state's NPS control programs and to indicate the state's intentions for addressing NPS