TMDL) Action Plan for the Rivanna River

City of Charlottesville, Virginia

Combined Benthic and Bacteria Total Maximum Daily Load (TMDL) Action Plan for the Rivanna River

MS4 General Permit Registration Number VAR040051 July 2016

Table of Contents

Background ...... 1 1. The name(s) of the Final TMDL report(s) ...... 3 2. The pollutant(s) causing the impairment(s) ...... 3 3. The WLA(s) assigned to the MS4 as aggregate or individual WLAs ...... 7 4. Significant sources of POC(s) from facilities of concern owned or operated by the MS4 operator that are not covered under a separate VPDES permit...... 8 5. Existing or new management practices, control techniques, and system design and engineering methods , that have been or will be implemented as part of the MS4 Program Plan that are applicable to reducing the pollutant identified in the WLA ...... 9 6. Legal authorities such as ordinances, state and other permits, orders, specific contract language, and interjurisdictional agreements applicable to reducing the POCs identified in each respective TMDL ...... 11 7. Enhancements to public education, outreach, and employee training programs to also promote methods to eliminate and reduce discharges of the POC(s) for which a WLA has been assigned .... 12 8. A schedule of interim milestones and implementation of the items in 5, 6, and 7 ...... 14 9. Methods to assess TMDL Action Plans for their effectiveness in reducing the pollutants identified in the WLAs ...... 15 10. Measurable goals and the metrics that the permittee and Department will use to track those goals (and the milestones required by the permit)...... 16

Appendix A – Public Education and Outreach Plan

Background

The City of Charlottesville, Virginia’s corporate limits and population of just under 44,000 people are located within the 750 square mile Rivanna River watershed. The Rivanna River watershed is part of the larger James River watershed, the largest watershed in Virginia; the James River is a major tributary of the Chesapeake Bay. Originating from springs in the foothills of the Blue Ridge Mountains, the Rivanna River flows along the eastern portion of Charlottesville and forms a boundary with neighboring Albemarle County. The Rivanna River and its urban tributaries provide important ecological, recreational, and cultural value to the city.

The city’s 10.2 square miles contain approximately thirty-five miles of open waterways, with approximately thirteen additional miles of waterways that flow inside of the stormwater infrastructure system. Charlottesville consists of three main drainage areas. Along the eastern portions of the city, approximately 1.3 square miles of land drain through tributaries of or directly into the Rivanna River. The Meadow Creek and Moores Creek watersheds are the two largest drainage areas within the city and both drain into the Rivanna River. The Meadow Creek watershed spans the northern portion of the city and has a highly urbanized drainage area of approximately eight square miles, about 70 percent of which is located within the city limits. Moores Creek, which has its headwaters in Albemarle County, forms the southern boundary of the city; approximately 3.8 square miles of the city drain into the creek. The thirty-five square mile Moores Creek watershed encompasses diverse land uses including highly urbanized areas, suburban and rural, agricultural, as well as open space within Charlottesville and Albemarle County.

The City has a municipal separate storm sewer system (MS4), meaning there are two separate conveyance systems for stormwater and sewage, with wastewater from residents and businesses flowing to the wastewater treatment plant, and stormwater draining untreated directly into local surface waters. As a result of stormwater runoff’s impacts to water quality, stormwater discharges from MS4s are regulated by the United States Environmental Protection Agency (EPA) under the Clean Water Act and by the Commonwealth of Virginia under the Virginia Stormwater Management Act. The regulations governing MS4s were developed and implemented in two phases. The first phase began in the early 1990s, requiring operators of MS4s serving populations of greater than 100,000 people to apply for and obtain a permit to discharge stormwater collected by their systems into waterways. The second phase of MS4 regulations became effective March 23, 2003, and requires that operators of small MS4s (less than 100,000 people) in "urbanized areas" obtain permit coverage for stormwater discharges. Small MS4s include stormwater systems operated by cities such as Charlottesville, as well as counties, towns, community colleges, and public universities.

In Virginia, discharges from small MS4s are regulated by the Department of Environmental Quality (DEQ), under the General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4 General Permit). Under that permit, small MS4s must develop, implement, and enforce a stormwater management program that addresses six “minimum control measures (MCMs)" to control the discharge of pollutants from the MS4 to “the maximum extent practicable” through the development and implementation of best management practices (BMP).

As required by the EPA and Commonwealth of Virginia, the City of Charlottesville operates and enforces a stormwater management program. The City was originally issued a stormwater discharge permit from DEQ on March 4, 2003 (Permit No. VAR040051). Subsequently, regulatory authority and program

1 oversight was transferred to the Virginia Department of Conservation and Recreation (DCR) in January 2005, and the permit expired on December 9, 2007. This permit was administratively extended while new permit requirements were being finalized. The City’s second MS4 General Permit was issued by DCR on July 9, 2008 and remained in effect until July 1, 2013. Regulatory authority and program oversight was transferred back to DEQ in 2013, and the City’s third MS4 General Permit was issued on July 1, 2013 and will remain in effect until June 30, 2018.

The City has prepared this local TMDL Action Plan to address Section I.B of the City’s MS4 General Permit, Special Conditions for Approved Total Maximum Daily Loads (TMDL) other than the Chesapeake Bay TMDL (Special Conditions). The local TMDL Action Plan was prepared in accordance with the requirements in Section I.B of the MS4 General Permit and DEQ’s guidance document for developing and implementing local TMDL Action Plans dated April 2015 (Guidance Document). The City coordinated with Albemarle County and the University of Virginia in the development of this Action Plan. The content of this Action Plan, as required in the Guidance Document, is summarized below:

1. The name(s) of the Final TMDL report(s); 2. The pollutant(s) causing the impairment(s); 3. The WLA(s) assigned to the MS4 as aggregate or individual WLAs; 4. Significant sources of POC(s) from facilities of concern owned or operated by the MS4 operator that are not covered under a separate VPDES permit. A significant source of pollutant(s) from a facility of concern means a discharge where the expected pollutant loading is greater than the average pollutant loading for the land use identified in the TMDL; 5. Existing or new management practices, control techniques, and system design and engineering methods, that have been or will be implemented as part of the MS4 Program Plan that are applicable to reducing the pollutant identified in the WLA; 6. Legal authorities such as ordinances, state and other permits, orders, specific contract language, and interjurisdictional agreements applicable to reducing the POCs identified in each respective TMDL; 7. Enhancements to public education, outreach, and employee training programs to also promote methods to eliminate and reduce discharges of the POC(s) for which a WLA has been assigned; 8. A schedule of interim milestones and implementation of the items in 5, 6, and 7; 9. Methods to assess TMDL Action Plans for their effectiveness in reducing the pollutants identified in the WLAs; and 10. Measurable goals and the metrics that the permittee and Department will use to track those goals (and the milestones required by the permit). Evaluation metrics other than monitoring may be used to determine compliance with the TMDL(s).

The City intends to implement this Action Plan through multiple MS4 General Permit cycles using an adaptive iterative approach, making progress to reduce pollutant discharge in a manner consistent with the assumptions and requirements of the applicable TMDL WLAs. While this Action Plan presents current and future practices intended to mitigate sediment and bacteria impairments described in this report, the City reserves the right to make modifications to the Action Plan as new opportunities become available or proposed projects/strategies are deemed infeasible or ineffective.

TMDL Action Plan

1. The name(s) of the Final TMDL report(s) (General Permit Section I.B; DEQ Guidance Document, Item 1)

Waste Load Allocations were assigned to the City for the Rivanna River Watershed in the approved Final TMDL reports as follows:

Benthic TMDL  Benthic TMDL Development for the Rivanna River Watershed, Final Report (dated March 2008)

Bacteria TMDL  Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds (dated March 2008)

2. The Pollutant(s) Causing the Impairment(s) (General Permit Section I.B; DEQ Guidance Document, Item 2)

Benthic TMDL Pollutant The Benthic TMDL Report noted above identified two separate stream segments with benthic impairments for the main stem of the Rivanna River; segment VAV-H28R-01 and segment VAV-H29R-01. These segments are included in Virginia’s 303(d) List of Impaired Waters. An analysis of the candidate stressors indicated that sedimentation is the most probable cause of the impairment and is the basis of the TMDL. As required by Section 303(d) of the Clean Water Act and current EPA regulations, states are required to develop Total Maximum Daily Loads (TMDLs) for waterbodies that exceed water quality standards. One segment of the Rivanna River mainstem was first included on Virginia’s 1996 Section 303(d) List of Impaired Waters, and was subsequently included on Virginia’s 303(d) Lists of Impaired Waters and Water Quality Assessment 305(b)/303(d) Integrated Reports because of violations of the General Standard (benthic impairment). During the 2006 303(d) assessment, DEQ concluded that a second segment was also biologically impaired (DEQ, 2006). Below is Figure 1-1 from the Benthic TMDL Report: Rivanna River Benthic Impaired Segments and Delineated Watershed.

Bacteria TMDL Pollutant As stated in the Bacteria TMDL Report, bacteria TMDLs have been established for the Rivanna River main stem (VAV-H28R-RVN01A00), the North Fork Rivanna River (VAV-H27R-RRN01A00), Preddy Creek and tributaries (VAV-H27R-PRD01A00), Meadow Creek (VAV-H28R-MWC01A00), Mechums River (VAV- H23R-MCM01A00), and Beaver Creek (VAV-H23R-BVR02A04) watersheds. The watersheds that are pertinent to the City include the Rivanna River main stem and Meadow Creek, as the City’s MS4 discharges to these water bodies. These water bodies were added to Virginia’s 303(d) List of Impaired waters between 2002 and 2006 for exceedances of the state’s water quality standards for E. coli and for fecal coliform bacteria. When these water bodies were first listed as impaired, the water quality standard was expressed in units of fecal coliform bacteria. The bacteria water quality standard is now expressed in units of E. coli. The impaired segment of the Rivanna River (VAV-H28R-RVN01A00) extends 5.28 miles along the main stem from the confluence of the North Fork Rivanna River to Moores Creek. This segment of the Rivanna River was first listed in the 2006 305(b)/303(d) Water Quality Assessment Integrated Report for exceedances of the E. coli standard. During the 2006 assessment period (January 2000 through December 2004), 2 out of 9 samples (22%) collected at listing station 2-RVN037.54 exceeded the E. coli criterion of 235 cfu/100 ml. The impaired segment of Meadow Creek (VAV-H28R-MWC01A00) extends 4.01 miles from its headwaters to the confluence of the Rivanna River. This segment of Meadow Creek was first listed on the 2002 303(d) Water Quality Assessment Integrated Report for exceedances of the fecal coliform standard. During the 2002 assessment period (January 1996 through December 2000), 4 out of 23 fecal coliform samples (17%) collected at listing station 2-MWC000.60 exceeded the fecal coliform instantaneous standard of 400 cfu/100 ml. Below is Figure 1-1 from the Bacteria TMDL Report: Location of Bacteria Impaired Segments of the Rivanna River mainstem, North Fork Rivanna River, Preddy Creek and tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds.

3. The WLA(s) assigned to the MS4 as aggregate or individual WLAs (General Permit Section I.B; DEQ Guidance Document, Item 3)

The following waste load allocations (WLA) were assigned to the City in the Benthic and Bacteria TMDL Reports:

Benthic TMDL The Benthic TMDL Report assigns a WLA of 776 pounds/day to the City’s MS4.

Bacteria TMDL

The Bacteria TMDL Report assigns an aggregated WLA of 3.27E+10 cfu/day of E. coli to the MS4s in the Rivanna River watershed, including the City.

Table 5-4: Rivanna River Distribution of Annual Average E. coli Load under Existing Conditions and TMDL Allocation Average E. coli Loads (cfu/yr) Allocation Percent Reduction (%) Land Use/Source (cfu/day) Existing Allocation Forest 5.74E+12 5.74E+12 5.74E+10 0% Cropland 1.33E+13 6.65E+11 6.65E+09 95% Pasture 3.86E+14 1.93E+13 1.93E+11 95% Urban Residential 7.49E+13 3.75E+12 3.75E+10 95% Water/Wetland 4.85E+07 4.85E+07 4.85E+05 0% Cattle - direct deposition 1.91E+13 0.00E+00 0.00E+00 100% Wildlife - direct deposition 4.84E+13 1.16E+13 1.16E+11 76% Failed Septic - direct deposition 1.43E+11 0.00E+00 0.00E+00 100% Point Source 8.29E+11 1.66E+12 4.54E+09 0% MS4s 6.54E+13 3.27E+12 3.27E+10 95% Total loads /Overall reduction 6.14E+14 4.60E+13 4.48E+11 92%

The Bacteria TMDL Report assigns an aggregated WLA of 4.06E+10 cfu/day of E. coli to the MS4s in the Rivanna River watershed, including the City.

Table 5-18: Meadow Creek Distribution of Annual Average E. coli Load under Existing Conditions and TMDL Allocation Annual Average E. coli Loads Allocation Percent Land Use/Source (cfu/yr) (cfu/day) Reduction (%) Existing Allocation Forest 1.15E+10 1.15E+10 1.22E+08 0% Cropland 0.00E+00 0.00E+00 0.00E+00 0% Pasture 2.40E+08 1.20E+07 1.27E+05 95% Urban Residential 3.12E+13 1.56E+12 1.65E+10 95% Water/Wetland 2.85E+06 2.85E+06 3.02E+04 0% Cattle - direct deposition 3.35E+10 0.00E+00 0.00E+00 100% Wildlife - direct deposition 1.27E+12 6.59E+11 6.99E+09 48% Failed Septic - direct deposition 3.94E+09 0.00E+00 0.00E+00 100% Point Source* 0.00E+00 6.06E+10 1.66E+08 0% MS4s 7.66E+13 3.83E+12 4.06E+10 95% Total loads /Overall reduction 1.09E+14 6.12E+12 6.44E+10 94% * There are no permitted facilities; the point source allocation includes 1 percent of the total NPS allocations to account for future growth

4. Significant sources of POC(s) from facilities of concern owned or operated by the City (General Permit Section I.B.2.d; DEQ Guidance Document, Item 4)

The City has identified all facilities of concern that are owned or operated by the City. The facilities of concern are defined as those facilities that have the potential to be a significant source of sediment or bacteria that are not covered under a separate VPDES permit. In particular, all facilities that the City has identified as “municipal high priority facilities” under the MS4 General Permit Section II.B.6.b were assessed for their potential to qualify as facilities of concern.

Facilities of Concern (Sediment)

Three municipal facilities were identified as facilities of concern, as it was determined that they have the potential to be a significant source of sediment:

1. 4th Street Public Works Yard 305 4th Street NW Charlottesville, VA 22903

2. Avon Street Public Works Center 1505 Avon Street Extended Charlottesville, VA 22902

3. Pen Park Maintenance Facility 1300 Pen Park Road Charlottesville, VA 22903

Facilities of Concern (Bacteria)

Two municipal facilities were identified as facilities of concern, as it was determined that they have the potential be a significant source of bacteria: 1. Azalea Park 398 Old Lynchburg Road Charlottesville, VA 22902

2. Riverview Park 280 Riverside Avenue Charlottesville, VA 22902

These facilities of concern will be assessed to determine if they are a significant source of sediment or bacteria. The General Permit states, “For the purposes of this assessment, a significant source of pollutant(s) from a facility of concern means a discharge where the expected pollutant loading is greater than the average pollutant loading for the land use identified in the TMDL”. It should be noted, however, that average pollutant loading rates as a function of land use are not provided in the TMDL, and they cannot be directly inferred from the Benthic TMDL Report; the Benthic TMDL Report utilized the Universal Soil Loss Equation to estimate land-based sediment loads into the impaired reaches of the Rivanna (Sediment TMDL Report Page 6-4). Noting that streambank erosion was also a significant source of erosion, the Benthic TMDL Report estimated instream erosion using a spatial model developed by Evans et al. (2003). This model estimates streambank erosion as a function of estimated monthly stream flow, fraction of developed land, animal density, curve numbers, K factors, and mean field slope (Benthic TMDL Report Page 6-7 to 6-8).

5. Existing or new management practices, control techniques, and system design and engineering methods, that have been or will be implemented as part of the MS4 Program Plan that are applicable to reducing the pollutant identified in the WLA (General Permit Section I.B.2.b; DEQ Guidance Document, Item 5)

The City’s MS4 Program Plan includes a variety of Best Management Practices (BMP) that aim to reduce pollutants of concern, including sediment and bacteria. The following section provides an explanation of how the identified BMPs are applicable to reducing the sediment and bacteria impairments.

MCM 1 – Public Education and Outreach on Stormwater Impacts The City’s public education and outreach program is an effective way of making citizens and businesses aware of ways to reduce the stormwater impact of their everyday activities, as well as raising public awareness about what they see others doing on a day-to-day basis. Efforts to educate the community and promote low impact development practices such as rain gardens and rainwater harvesting, proper management of pet waste, and to identify and report illicit discharges through a diverse array of media has the effect of reducing the discharge of bacteria and sediment into impaired waters.

MCM 2 – Public Involvement / Participation Involving the public in activities such as stream and street clean-ups, tree plantings, workshops, and community events not only educates the public on things they can do to reduce their stormwater impacts, but also promotes a connection to local waters and watershed issues while fostering a sense of shared responsibility for stewardship of these community resources. This ultimately leads to a

9 reduction in the amount of pollutants entering local impaired waters through behavior change. Additionally, projects such as tree planting in riparian areas increases their pollution reduction capacity through greater filtration and absorption of stormwater. Continuing to foster community partnerships, such as the ones the City has cultivated with the Center for Watershed Protection, the University of Virginia, the Rivanna Conservation Alliance, the Thomas Jefferson Soil and Water Conservation District, and the Chesapeake Stormwater Network advances the state of stormwater management in the City, ultimately resulting in reduced pollutant discharge.

MCM 3 – Illicit Discharge Detection and Elimination The City’s Illicit discharge detection and elimination (IDDE) program provides the mechanism to identify and directly eliminate pollutants entering impaired waters through dry weather screening of stormwater outfalls and response to water pollution reports. IDDE education of residents and businesses also raises awareness of the stormwater drainage system’s direct connection to local waterways and illicit discharges, while providing avenues for reporting of illegal activities so that the City can take the appropriate actions. GIS mapping of the stormwater drainage system, including portions of the system that convey streams, allows for faster and targeted responses to incidents, reducing the impacts to waterways. Training of City staff also puts more “eyes on the street” to identify potential and actual situations that lead to stormwater pollution, while reducing impacts from City operations.

MCM 4 – Construction Site Stormwater Runoff Control The City’s Erosion and Sediment Control Program aims to minimize sediment leaving active construction sites in the city. The City has voluntarily reduced the land disturbance threshold which triggers the requirement for an E&S control plan and permit to 6,000 square feet, making this program even more effective at preventing sediment from leaving construction sites. Properly trained and certified staff ensures that program administration, plan review, and site inspection most effectively and efficiently reduce sedimentation from the development process.

MCM 5 – Post Construction Stormwater Management in New Development and Redevelopment The City’s post-construction stormwater management program aims to ensure appropriate measures are employed such that post-development water quantity does not increase and water quality does not decrease when compared to the pre-development conditions of land in the City. The City has voluntarily reduced the land disturbance threshold which triggers post-construction stormwater management requirements to 6,000 square feet, making this program even more effective at reducing stormwater volumes and protecting water quality. The City encourages green stormwater infrastructure in new development and redevelopment that reduces stormwater volume and improves stormwater quality, thereby reducing high flows that cause in-stream erosion and sedimentation and reducing bacteria pollution in the runoff that does enter streams. The City also implements green stormwater infrastructure on public lands in new development, redevelopment, and retrofit situations that reduce stormwater volume, thereby reducing high flows that cause in-stream erosion and sedimentation and reducing bacteria pollution in the runoff that does enter streams. The structural stormwater management facility (SMF) inspection program ensures that existing public and private SMFs are being maintained properly, thereby maximizing their effectiveness in addressing sediment and bacteria pollution. Protecting and improving the City’s urban forest, particularly in riparian areas, allows these areas to serve as natural pollution filtration devices, keeping sediment and bacteria in surface runoff from ever entering impaired waters.

MCM 6 – Pollution Prevention / Good Housekeeping for Municipal Operations

The City’s street sweeping and stormwater infrastructure flushing and cleaning programs are effective at capturing sediment and bacteria pollution that would otherwise be conveyed into impaired waters. Pollution prevention training also raises public employee awareness of how they can reduce the stormwater impact of their everyday work activities. The green public lands management strategies employed by the City reduce sediment and bacteria pollution by acquiring and preserving green space and reducing pet waste. Development and implementation of stormwater pollution prevention plans and nutrient management plans for certain City facilities and lands will decrease the amount of pollutants leaving these sites.

6. Legal authorities such as ordinances, state and other permits, orders, specific contract language, and interjurisdictional agreements applicable to reducing the POCs identified in each respective TMDL

The City has reviewed its currently implemented MS4 Program Plan, including a review of the existing legal authorities and our ability to ensure compliance with the Special Conditions. We have determined that our current MS4 Program Plan, augmented by this Action Plan, and the existing legal authorities provide the City the necessary tools to ensure compliance with the Special Conditions.

Several components of the City’s MS4 Program will be used to meet the Special Condition. As of July 1, 2014 the City serves as a local Virginia Stormwater Management Program (VSMP) authority. The Department of Neighborhood Development Services (NDS) is responsible for the implementation and enforcement of the E&S Control Program. NDS staff receives DEQ E&S control training and certification at various levels, including plan review, site inspection, and program administration. The City’s Water Protection Ordinance, Article II Erosion and Sediment Control, updated the original section of City Code in 2004 to incorporate requirements of the 2003 State E&S Control Law. The article, which was most recently updated in May 2014, details the standard operating procedures that are followed when reviewing and approving E&S Control Plans, inspecting and monitoring land disturbing activities, and assessing penalties and injunctions. The City requires that land disturbing activities of greater than or equal to 6,000 square feet prepare an E&S control plan. The Virginia Erosion and Sediment Control Handbook serves as the official guidance used by NDS staff for site plan review. Inspections of sites with E&S Control Plans are conducted a minimum of once every two weeks and within forty-eight hours of a runoff producing storm event. City inspectors utilize a customized/tailored site inspection form and NDS staff tracks the number of land disturbing permits issued, the number of acres disturbed by construction activities, the total number of inspections conducted, and any enforcement actions taken.

NDS is also responsible for administering the post-construction stormwater management site plan review process. NDS Engineering staff is responsible for evaluating compliance of development and redevelopment projects with State and local stormwater regulations. The goal of the site plan review process is to ensure that stormwater management requirements are met for new development and redevelopment projects within the City. The City’s Water Protection Ordinance, Article III Stormwater Management, addresses the control of post-construction runoff in order to protect downstream land and receiving waterways. Article III requires development sites that disturb greater than or equal to 6,000 square feet of land to prepare a Stormwater Management Plan, and sites that disturb greater than or equal to one acre to apply for coverage under DEQ’s General Permit for Discharges of Stormwater from Construction Activities and develop a site-specific stormwater pollution prevention plan. The ordinance, which was most recently revised and adopted in May 2014, details the plan requirements for the control of water quality and quantity, review and approval procedures and conditions, maintenance and inspection requirements, and penalties and injunctions. Additionally, the City Standards and Design

Manual contains City-specific minimum standards and design criteria for stormwater management in development and redevelopment projects. POC reductions resulting from projects disturbing less than one acre of land, as well as those from redevelopment projects, will be credited towards meeting the City’s required POC reductions during this MS4 General Permit cycle.

All permanent stormwater management facilities (SMF) installed in the city to satisfy local or state stormwater management requirements are tracked by NDS Engineering staff. A database has been developed that tracks MS4 General Permit required information including type of SMF, geographic location, number of acres treated by the SMF, impaired surface water the SMF discharges into, date the SMF was brought on-line, sixth order hydrologic unit code in which the SMF is located, ownership information, existence of a maintenance agreement, and information related to inspections and enforcement actions. The City has a program to ensure regular inspection and maintenance of structural SMFs within the City. New SMFs are added to the inspection program following the construction inspection. City-owned SMFs are inspected annually and non-City owned SMFs are inspected at least once every five years.

Other components of the City’s MS4 Program that contribute to meeting the Special Conditions include our green stormwater infrastructure retrofit efforts, street sweeping program, and land use conversions. The City’s IDDE program may also provide POC reductions on a case-by-case basis.

The following legal authorities are utilized by the City to ensure compliance with the MS4 General Permit requirements, including the Special Conditions:  City of Charlottesville Water Protection Ordinance  City of Charlottesville Standards and Design Manual  City of Charlottesville Land Disturbing Permit  City of Charlottesville-approved Erosion and Sediment Control Plan  City of Charlottesville Agreement in Lieu of an Erosion and Sediment Control Plan  City of Charlottesville Inspection Report  City of Charlottesville Notice to Comply  City of Charlottesville Stop Work Order  City of Charlottesville-approved Final Site Plan  City of Charlottesville-approved Stormwater Management Plan  City of Charlottesville Stormwater Management Bond  City of Charlottesville Stormwater Management Facility Maintenance Agreement  Virginia Erosion and Sediment Control Law and Regulations  Virginia Erosion and Sediment Control Handbook  Virginia General Permit for Discharges of Stormwater from Construction Activities  Virginia Stormwater Management Law and Regulations  Virginia Stormwater Management Handbook  Virginia Stormwater BMP Clearinghouse

7. Enhancements to public education, outreach, and employee training programs to also promote methods to eliminate and reduce discharges of the POC(s) for which a WLA has been assigned (General Permit Section I.B.2.c; DEQ Guidance Document, Item 7)

Public Education and Outreach Program

The City’s public education and outreach programs have been enhanced to promote methods to eliminate and reduce discharges of sediment and bacteria. See Appendix A, the City’s Public Education and Outreach Plan, for details on these enhancements. In addition to the education program described in Appendix A, City staff worked with the Rivanna Stormwater Education Partnership (RSEP) to enhance education and outreach through designing and conducting a stormwater management facility maintenance workshop, which educated BMP owners and maintenance staff on their responsibilities for maintenance and how best to fulfill them. The workshop was conducted on June 22, 2016, and addressed both sediment and bacteria pollution.

Training Program

The City conducts training for applicable employees in accordance with the MS4 General Permit. The goal of the training program is reduce the impact of municipal operations on stormwater runoff. This program builds on stormwater general awareness and pollution prevention (P2) training that is routinely provided to City operations and maintenance employees from the Departments of Public Works and Parks and Recreation. Training materials include stormwater pollution prevention plans, standard operating procedures, illicit discharge detection and elimination procedures, training videos and other presentations.

The following table provides an overview of the training plan and its basic elements: Department of Neighborhood Department of Fire Training Category Parks Development Public Works Department and Recreation Services X (Public Service, Recognition & Reporting of Illicit X Public Utilities, and X X Discharges for Field Personnel Facilities (Inspectors) Maintenance) Good Housekeeping & P2 X Practices for Road, Street, and X (Public Service) Parking Lot Maintenance X Good Housekeeping and P2 (Public Service, X Practices for Maintenance and Public Utilities, and X (Parks and Golf) Public Works Facilities Facilities Maintenance) X Good Housekeeping and P2 (Aquatics and rec

Practices for Recreational Facilities centers staff, maintenance staff) Pesticide and Herbicide X Applicators certification per VA (Horticulture Pesticide Control Act Crew) X Plan Reviewers, VA E&S Control Law and Inspectors, Regulations - DEQ certifications Program Administrator

Department of Neighborhood Department of Fire Training Category Parks Development Public Works Department and Recreation Services X Stormwater Management Law and Plan Reviewers, Regulations - DEQ/VSMP Inspectors, certifications VSMP Administrator Basic Spill Response X X X Hazardous Materials Operations X and Technicians

8. A schedule of interim milestones and implementation of the items in 5, 6, and 7 (General Permit Section I.B.1.b; DEQ Guidance Document, Item 8)

As permitted in Section I.B.1 of the MS4 General Permit and referred to in DEQ’s Guidance Document, the City is proposing to implement this Action Plan in multiple stages over multiple permit cycles using an adaptive iterative approach.

The following schedule is proposed for implementation of the BMPs and milestone activities included in this Action Plan for the current permit cycle ending on June 30, 2018:

BMP/Milestone Description Schedule BMP 1.1 Regional Stormwater Partnership (RSEP) Ongoing/Annual BMP 1.2 City Environmental Webpages Ongoing/Annual BMP 1.3 Youth Stormwater Education Ongoing/Annual BMP 1.4 Illicit Discharge and Pollution Prevention Ongoing/Annual Education Program BMP 1.5 Public Education and Outreach Plan Ongoing/Annual BMP 2.1 Volunteer Stream Clean-Ups Ongoing/Annual BMP 2.2 Adopt-A-Stream and Adopt-A-Street Programs Ongoing/Annual BMP 2.3 Tree Planting Program Ongoing/Annual BMP 2.4 Watershed and Water Quality Activities Ongoing/Annual BMP 3.1 IDDE Program Ongoing/Annual BMP 3.2 Maintenance of GIS Data, MS4 Map, and Ongoing/Annual Information Table BMP 3.4 Online Reporting of Environmental Concerns and Ongoing/Annual Illicit Discharges BMP 4.1 Erosion and Sediment Control Program Ongoing/Annual BMP 4.2 General Permit for Discharges from Construction Ongoing/Annual Activities BMP 5.1 Stormwater Management Materials Ongoing/Annual BMP 5.2 Development Plan Review Ongoing/Annual BMP 5.3 Structural BMP Inventory Ongoing/Annual BMP 5.4 Structural Stormwater Management Facility Ongoing/Annual Program Inspection BMP 5.5 Urban Forest Management Ongoing/Annual BMP 5.6 Investigate Green Stormwater Infrastructure Ongoing/Annual Retrofit Opportunities BMP 6.1 Street Sweeping Program Ongoing/Annual

BMP 6.2 Stormwater Infrastructure Flushing and Cleaning Ongoing/Annual BMP 6.3 Training for Appropriate Personnel Ongoing/Annual BMP 6.4 Written Procedures for Operations and Ongoing/Annual Maintenance Activities BMP 6.5 Stormwater Pollution Prevention Plans for Fully implement Municipal Facilities plans by 6/30/17 BMP 6.6 Turf and Landscape Nutrient Management Plans Fully implement plans by 6/30/17 BMP 6.7 Green Public Lands Management Strategies Ongoing/Annual Milestone 1 Combined Benthic and Bacteria Total Maximum 10/1/16 Daily Load (TMDL) Action Plan for the Rivanna River

Milestone 2 Assess Facilities of Concern for Significant Sources 6/30/17 of Sediment and Bacteria Milestone 3 Identify Proposed BMPs for Next Permit Cycle 3/31/18 Milestone 4 Water Quality Sampling and Tracking Program 6/30/18 Milestone 5 Evaluate Water Quality Sampling and Assessment Annual Program

These milestones or schedules may need to be modified in order to achieve the POC reductions necessary to meet the sediment and bacteria WLAs assigned to the City.

9. Methods to assess TMDL Action Plans for their effectiveness in reducing the pollutants identified in the WLAs (General Permit Section I.B.2.e; DEQ Guidance Document, Item 9)

The City is committed to an adaptive iterative approach over multiple permit cycles to ensure that progress continues to be made toward reducing the discharge of sediment and bacteria to the Rivanna River. In order to assess Action Plan effectiveness, beginning in this permit cycle, the City will model sediment load reductions and utilize a sampling and tracking program to assess bacteria loads. As new modeling and sampling information becomes available, the City intends to adapt its monitoring and sampling and tracking program accordingly.

The City will model sediment load reductions achieved during the current permit cycle pursuant to the Chesapeake Bay TMDL Action Plan Guidance Document published by DEQ (Guidance Memo No. 15- 2005) and any additional information received from DEQ. The Guidance Document stipulates that “permittees may refer to the Chesapeake Bay TMDL Action Plan Guidance… for strategies and information on how to calculate reductions from BMPs in watersheds with local nutrient and sediment TMDLs.” DEQ Staff have indicated that it is not appropriate to use the edge of stream sediment loading rates provided in The Chesapeake Bay TMDL Action Plan Guidance Document Table 2a, as these loading rates reflect average sediment delivery into the Chesapeake Bay (not the Rivanna River) as a function of land use type. As a result, DEQ staff advised using a generalized loading rate of 0.3lbs/day/acre. This loading rate is the average loading rate per acre for Albemarle County, the City of Charlottesville, and UVA MS4 areas presented in the Benthic TMDL Development for the Rivanna River Watershed (published March 2008).

The City plans to track bacteria reductions via a water quality sampling and tracking program. The City, Albemarle County, and the University of Virginia have begun coordination to determine how the bacteria sampling program of the Rivanna Conservation Alliance (RCA) may be used and potentially

15 augmented to assess bacteria reductions along impaired reaches. StreamWatch, which is now part of RCA, began the bacteria sampling program in 2012 through which staff and volunteers sample E. coli levels using Coliscan© Easygel. RCA has continued this program. Data from existing water quality sampling locations will be used, and the County/City/University partnership will work with the RCA staff and volunteers to potentially add sampling locations, if necessary, to demonstrate progress toward the reduction of pollutants.

10. Measurable goals and the metrics that the permittee and Department will use to track those goals (and the milestones required by the permit). Evaluation metrics other than monitoring may be used to determine compliance with the TMDL(s) (General Permit Section I.B.1.b; DEQ Guidance Document, Item 10)

The City intends to demonstrate its progress on implementation of this Action Plan by tracking and reporting on BMP/Milestone activity progress in its MS4 Annual Report that is submitted to DEQ on or before October 1st of each permit year. In the Annual Report, the City will provide updates on the status of each of the BMP/Milestone activities listed under Section 8 of this Action Plan to include compliance with the proposed schedule. In accordance with the adaptive iterative approach adopted by the City and referenced in this Action Plan, the City may modify/replace BMPs, as necessary, to achieve the most effective plan for reducing the discharge of sediment and bacteria from the City’s MS4 and meeting the assigned TMDL WLAs.

City of Charlottesville – MS4 Program Plan

Appendix A Public Education and Outreach Plan

1. Background - Coordinating efforts amongst local MS4 operators

Educating, reaching out to, and involving the public in stormwater issues are accomplished primarily through participation in the Rivanna Regional Stormwater Education Partnership (RRSEP). The RRSEP is a collaborative effort among local public entities in the City of Charlottesville and the surrounding County of Albemarle that hold small MS4 permits under the National Pollutant Discharge Elimination System program. The RRSEP is dedicated to helping its members achieve the MS4 permit requirements related to education, outreach, and public participation in stormwater management.

The MS4 permit holders that comprise the RRSEP are Albemarle County, the City of Charlottesville, Piedmont Virginia Community College, the University of Virginia, and the Virginia Department of Transportation*. Other members of RRSEP are Albemarle County Public Schools, the Albemarle County Service Authority, and the Rivanna Water and Sewer Authority. The Thomas Jefferson Soil and Water Conservation District (TJSWCD) provides support to the RRSEP and serves as its coordinating body.

Founded in March 2003, the RRSEP meets a minimum of six times a year to plan and implement stormwater education initiatives and share information about each partner’s stormwater programs. Education initiatives are undertaken by the RRSEP to help make citizens aware of stormwater issues, while also equipping them with practical knowledge and actions to help improve local water quality. RRSEP utilizes a multi-faceted approach to educate and provides outreach across targeted urban areas (Figure 1). Campaign materials, including print ads, movie theatre ads, posters on public transit buses, magnets, radio spots, and utility bill inserts are written in simple, easy to understand language and often utilize cartoons to help the message come across to all generations and all education levels. RRSEP also provides some campaigns in Spanish. Education and outreach materials are available at www.rivanna- stormwater.org. Each partner pays an annual membership fee to help fund RRSEP projects. In addition, the RRSEP has successfully applied for and partnered on grants to supplement education efforts.

The RRSEP has produced effective and far-reaching education programs that have benefited from the variety of expertise and resources each partner offers. Planning and implementing education initiatives through the RRSEP has resulted in Rivanna River watershed-focused projects and has avoided the over- exposure and redundancy that might result if each partner were carrying out projects on their own.

2. Identification of high-priority water quality issues; identification and estimation of population size of target audiences; relevant messages and associated materials for message distribution

RRSEP held several meetings to discuss and determine the high-priority water quality issues for the region, which will be the focus of their education and outreach campaigns for the current MS4 permit

*Subsequent to the development of this plan, VDOT withdrew from the RRSEP in September 2014. Page 1 cycle. Local and regional water quality impairments were the primary criteria used to determine the issues. The three high-priority water quality issues identified by RRSEP are bacteria, sediment, and nutrients (nitrogen and phosphorus). Through campaigns conducted over the course of the MS4 permit cycle, target audiences will have multiple opportunities to learn about the high-priority water quality issues of the region in several different ways. The reasoning behind choosing each of these issues and the proposed campaigns to target each issue are further described below.

Figure 1. Urban Areas Targeted by RRSEP Education and Outreach

Page 2 A. Bacteria

Over a quarter (26%) of the streams assessed by the Virginia Department of Environmental Quality (DEQ) within the targeted urban areas are considered impaired by excessive amounts of bacteria1. Bacteria impairments in these streams can be caused by urban stormwater, pet waste, leaking sewer pipes, wildlife excrement, and agricultural uses. However, due to the very urban nature of the MS4 jurisdiction, RRSEP will focus outreach and education efforts towards dog owners to reduce the impacts of pet waste. RRSEP acquired the database of dog licenses in the City of Charlottesville and Albemarle County to estimate the number of pet owners in the targeted urban areas. RRSEP estimates there are approximately 4,000 dog owners within the targeted urban areas and outreach and education activities are designed to reach 20 percent of this target audience (800) annually. Dog owners are most likely to have a significant impact on the reduction of pet waste from entering local waterways. Fecal coliform from the intestinal tract of dogs has the opportunity to enter waterways as it combines with stormwater runoff. DEQ and StreamWatch both test the waters for bacteria as identified by the presence of E. coli. The Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds (2008) submitted to DEQ requires reductions in E. coli from urban stormwater runoff.

The illicit discharge and elimination (IDDE) programs run by the various MS4 permit holders will also help to identify and eliminate possible sewage leaks caused by failing infrastructure. IDDE outreach and education efforts provided by RRSEP have warned against storm drain dumping and encouraged use of the RRSEP Water Pollution Hot Line to report suspected illegal discharges. Albemarle County, which has the greater number of properties not served by a public sanitary sewer system, specifically developed a targeted message to persons with septic systems, encouraging them to pump out their system every five years as recommended by the Virginia Department of Health.

Relevant messages on bacteria-related outreach and education items within the community are:

Media Employed Extent of Message Relevant Message (Typical Time Frame) Distribution Charlottesville Area Pick up after your pet. Pet waste left outside 622,354 individual bus Transit Bus Ad washes into storm drains and waterways. trips taken (March, April, May) While being good to your pet, don't be bad to the river. Every time it rains, runoff from your C-ville Weekly print ad 20,000 papers distributed lawn carries bacteria and other organisms (1 week during March) per week from your pet's waste into local streams. Dispose of your pet's waste properly by bagging it and throwing it away. Utility Bill Mailing Insert Pick up After Your Pets: Animal waste that is 42,000 bills distributed (April) washed off of lawns and sidewalks sends

1 Final 2012 305(b)/303(d) Water Quality Assessment Integrated Report, VA DEQ, 2014

Page 3 harmful bacteria into the storm drain system and into streams and rivers, creating problems for swimmers and fish. We all prefer healthy streams and lakes…but most of our local waters are somewhat polluted. When it rains, pollution is carried directly into streams by runoff from parking lots, streets, and lawns. Here's what YOU can Regal Cinemas Movie ad 99,666 movie attendees do to reduce pollution: (one) pick up after (March – May) your pet, (two) don't over-fertilize your lawn, and (three) capture the water from your rooftop in a rain barrel ... or in a rain garden. Do your part to keep our streams clean and healthy. Visit Rivanna-stormwater.org.

B. Sediment

Sediment enters our waterways as stormwater rushes across impervious surfaces such as roads, parking lots, and driveways and pervious surfaces such as lawns. High volumes and velocities of stormwater runoff cause excessive land and stream bank erosion. Implementation of best management practices (BMPs) by homeowners helps to reduce the runoff volume and velocity, and contribute to healthier streams. RRSEP intends to provide education and outreach annually to 20 percent of the estimated 38,500 households2 (7,700) within the targeted urban areas to encourage BMP implementation. Of the stream miles assessed by DEQ within the targeted urban areas, almost 30% have an impaired benthic macro-invertebrate community, as a result of too much sediment in our waterways3. The Final Report of the Benthic TMDL Development for the Rivanna River Watershed (2008) submitted to DEQ identifies an existing sediment load from land-based and in-stream erosion from the MS4 point source. The allocated load to the MS4 permit holders requires an aggregated 59.3% reduction in sediment from this source to achieve the TMDL. Non-point sources, other stormwater general permits outside the MS4 area, other point sources, and a margin of safety also are allocated loads through the TMDL process.

The TJSWCD (of which Albemarle County and Charlottesville are members) partnered with the Culpeper, Hanover-Caroline, and Piedmont SWCDs to promote a pilot project for non-agricultural landowners to engage in stormwater management activities through a voluntary cost share program called the Virginia Conservation Assistance Program (VCAP). The partnership was established under the Virginia Association of Soil and Water Conservation Districts’ Urban Committee. This innovative pilot project received a total of $75,680 in grant funds through the National Fish and Wildlife Foundation, Virginia Environmental Endowment, and Chesapeake Bay Restoration Fund, and from a private donor for the installation four categories of best management practices: (1) pet waste stations, (2) rain gardens, (3) rain water harvesting, and (4) turf conversion to native plants (TCN).

2 U.S. Census 2010 for Virginia based on an average household size of 2.54 people. 3 Final 2012 305(b)/303(d) Water Quality Assessment Integrated Report, VA DEQ, 2014

Page 4 Relevant messages on sediment-related outreach and education items within the community are:

Media Employed Extent of Message Relevant Message (Typical Time Frame) Distribution Install a rain barrel or two. Collecting the Charlottesville Area rainwater that runs off your roof saves 622,354 individual bus Transit Bus Ad water and helps manage the impact of trips taken (March, April, May) stormwater runoff on water quality and stream health. We all prefer healthy streams and lakes … but most of our local waters are somewhat polluted. When it rains, pollution is carried directly into streams by runoff from parking lots, streets, and lawns. Here's what YOU Regal Cinemas Movie ad can do to reduce pollution: (one) pick up 99,666 movie attendees (March – May) after your pet, (two) don't over-fertilize your lawn, and (three) capture the water from your rooftop in a rain barrel ... or in a rain garden. Do your part to keep our streams clean and healthy. Visit Rivanna- stormwater.org.

C. Nutrients

The Chesapeake Bay TMDL requires reductions in phosphorus, nitrogen, and sediment. The MS4 general permit provides a methodology for determining specific allocations and reduction requirements based on total regulated impervious and pervious acres within the permitted jurisdiction. RRSEP partners have selected reduction of nutrient inputs to local waterways, specifically phosphorus and nitrogen, for targeted outreach and education. RRSEP intends to annually provide education and outreach to 20 percent of the estimated 38,500 households4 (7,700) within the targeted urban areas to encourage BMPs that reduce nutrients in runoff.

Relevant messages on nutrients-related outreach and education items within the community are:

Media Employed Extent of Message Relevant Message (Typical Time Frame) Distribution Charlottesville Area Don’t over-fertilize your lawn. Excess Transit Bus Ad nutrients from fertilizer are a major source 646,734 trips taken (September, October, of water pollution when they are carried by November) rain runoff into stormdrains and local waterways. Apply fertilizer based on a soil Cville Weekly print ad 20,000 papers distributed test. (1 week during March) Don’t rake leaves down storm drains or

4 U.S. Census 2010 for Virginia based on an average household size of 2.54 people.

Page 5 into streams. When leaves are washed into streams they decompose there and degrade water quality. Compost them or bag for proper disposal. When you mow your lawn, don’t dispose of grass clippings down a storm drain. Like decomposing leaves, grass clippings degrade water quality. Leave them on your lawn. Use moderation when applying lawn products such as fertilizers, pesticides or herbicides. Better yet, get your soil tested, fertilize Utility Bill Mailing Insert 42,000 customers only in the fall, and look into non-chemical (April) products to protect your lawn. Call the Cooperative Extension Service in Albemarle County at 872-4580 to find out how to get your soil tested. We all prefer healthy streams and lakes…but most of our local waters are somewhat polluted. When it rains, pollution is carried directly into streams by runoff from parking lots, streets, and Regal Cinemas Movie ad lawns. Here's what YOU can do to reduce 99,666 movie attendees (March – May) pollution: (one) pick up after your pet, (two) don't over-fertilize your lawn, and (three) capture the water from your rooftop in a rain barrel...or in a rain garden. Do your part to keep our streams clean and healthy. Visit Rivanna-stormwater.org.

3. Providing public participation during program development

RRSEP invited local area non-profit organizations with a focus on water quality to attend the partnership’s April 2014 meeting and distributed the draft plan to them for comment. The meeting provided for public participation during public education and outreach development. Public comment from the entire community was solicited from May 1, 2014 – May 31, 2014 by posting the draft public education and outreach plan to the RRSEP website, the City of Charlottesville’s website, Albemarle County’s website, and UVA’s website and providing an avenue for comments to be submitted.

4. Adjusting target audience and messages to address any observed weaknesses or shortcomings

As necessary, RRSEP will adjust target audiences and messages to address any observed weaknesses or shortcomings in the public education and outreach program. Additional educational materials have already been developed and are available for use by the RRSEP in future years. For example, RRSEP has utilized radio ads and targeted mailings in past years to provide outreach and education to pet owners within a specific bacteria-impaired watershed, Moores Creek. RRSEP has distributed flyers to veterinarian’s offices and pet stores throughout the area. Additionally, the RRSEP will purchase the

Page 6 advertisement video created for the Regal Cinemas movie theater to be used on Charlottesville’s public access channel, websites, and made available on YouTube. A short stormwater public service announcement may be created by RRSEP to reach target audiences in the future.

Page 7