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2009 Annual Report of Progress

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KDHE FFY 2009 Annual Report of Progress Kansas Nonpoint Source Pollution Control Program FFY 2009 Annual Report October 1, 2008 – September 30, 2009 FFY09 Annual Report of Progress Table of Contents Nonpoint Source Management Plan: Long Term Goal Number 1 Page 4 • Developing Total Maximum Daily Loads (TMDLs) Page 4 • Implementing TMDLs Page 5 • Completing source water assessments Page 7 • Developing and implementing source water protection plans Page 7 Nonpoint Source Management Plan: Long Term Goal Number 2 Page 10 Nonpoint Source Management Plan: Long Term Goal Number 3 Page 11 • Reviewing federal development and permitting programs for Page 12 consistency with the Kansas NPS Management Plan • Developing and demonstrating the effectiveness of NPS control Page 12 and water quality protection measures • Assuring that on-site wastewater treatment systems are properly Page 12 designed, installed, and maintained • Assuring that riparian areas and wetlands are protected and Page 13 restored • Cropland has the highest level of residue attainable, livestock Page 13 production activities have no significant pollution potential • Assuring that Kansas’ range and pasture land is managed for Page 13 sustainable production • Urbanized and developed lands have no significant pollution Page 13 potential. Nonpoint Source Management Plan: Long Term Goal Number 4 Page 14 WRAPS Map Page 14 Nonpoint Source Management Plan: Long Term Goal Number 5 Page 17 • Providing financial assistance Page 18 • Instituting a revolving loan fund Page 19 • Kansas Environmental Leadership Program (KELP) Page 19 Page 2 FFY09 Annual Report of Progress • Preparing and distributing the report “Progress in Page 20 Abatement of Nonpoint Source Pollution in Kansas” • Reviewing and updating the management plan Page 20 • Making effective use of EPA’s Grants Reporting Page 21 Tracking System (GRTS) • Establishing and using an Advisory Committee Page 21 • Utilizing the Clean Water Neighbor Pledge Page 22 • Clean Water Celebrations Page 22 • Using technology to administer grants Page 22 • Maintaining and enhancing the Kansas Local Page 23 Environmental Protection Program • Establishing and maintaining effective relationships Page 23 among federal, state, and local government agencies, public and private institutions, non-governmental organizations, businesses, and individuals. Nonpoint Source Pollutant Load Reduction Estimates Page 24 Attachments Attachment 1— Grant Annual Performance Report FY07 (C9007405 14) Page 25 Attachment 2— Local Environmental Protection Program SFY09 Annual Report Page 146 Attachment 3— State Conservation Commission SFY09 Annual Report Page 161 Attachment 4— Kansas Water Plan State Water Plan Funded Programs Page 177 2010 Status Report Attachment 5— Natural Resources Conservation Service FFY08 Annual Statement Page 246 Page 3 FFY09 Annual Report of Progress Kansas’ vision is that all nonpoint pollutant sources are implementing water quality protection measures so that Kansas’ lakes, rivers, wetlands, and groundwater will be free of pollution caused by nonpoint pollutant sources. This vision will be achieved through setting and completing both long and short term goals. This report reveals the progress made to achieve these goals during the end of federal fiscal year 2009. Long Term Goals Nonpoint Source Management Plan Long Term Goal #1 Insure all of Kansas’ water resources are free of water quality impairments caused by nonpoint pollutant sources. This will be achieved by: 1. Developing Total Maximum Daily Loads (TMDLs) 2. Implementing TMDLs 3. Completing source water assessments 4. Developing and implementing source water protection plans 2009 Update 1. Planning and Development of TMDLs – Status of Kansas TMDL Program on October 1, 2009 A. Two revised TMDLs addressing eutrophication in Marion and Council Grove Lakes in the Neosho Basin, five new TMDLs addressing eutrophication and siltation issues on Big Hill, Toronto, Fall River, Elk City and Eureka City Lakes in the Verdigris Basin and a new TMDL for eutrophication on Winfield City Lake in the Walnut Basin were approved by EPA in September 2009. B. EPA approved KDHE’s 2008 Section 303(d) list on December 18, 2008. The list emphasized impairments in the Northwest Kansas Basins (Smoky Hill – Saline; Solomon; Upper Republican) for TMDL development in FFY 09 and for the third round of TMDL development in the Kansas – Lower Republican Basin in FFY 10. C. As part of the 2008 303(d) list, more detailed analysis and documentation for justifying a 4B status (impairment addressed by means other than a TMDL [e.g., a watershed plan] was made for atrazine in the Little Arkansas Watershed. Description of efforts in targeted subwatersheds and initial analysis Page 4 FFY09 Annual Report of Progress of consequential atrazine load reductions were made. Acceptance of the 2008 list included approval of the Little Arkansas Watershed 4B plan making it one of the first in the nation dealing with solely non-point source pollution. D. As a result of the 2008 303(d) list, 13 new TMDLs are currently under development for impairments in the Northwest Kansas Basins. These TMDLs will be submitted to EPA in March, 2010. E. Three total phosphorus TMDLs are under development for the Smoky Hill River near Russell, including Big and Fossil Creeks, and the Upper and Lower Prairie Dog Creeks. F. Four TMDLs addressing excessive total suspended solids [TSS sediment] are under development for two reaches along the Lower Smoky Hill River, the Lower Solomon River and Big Creek. G. Four E. coli bacteria TMDLs are under development for Big Creek, the Lower NF and SF Solomon Rivers and the Smoky Hill River above Salina. H. Big Creek also has a nitrate TMDL drafted. I. Deer Creek, a tributary of the Lower North Fork of the Solomon had a revised selenium and sulfate TMDL developed. 2. Implementing TMDLs A. Briefings to Watershed Restoration and Protection Strategy (WRAPS) groups were made throughout FFY 09. In particular, the Watershed Planning Section has supported assessment and planning activities of WRAPS in the Middle Kansas, Lower Kansas, Delaware, Banner Creek Lake, Milford, Missouri, Toronto, Kanopolis, Marion, Neosho Headwaters, Tuttle Creek, Cheney, Little Arkansas, Clarks Creek, Eagle Creek, Cottonwood and the Upper Wakarusa watersheds. These briefings centered on existing and pending TMDLs in those watersheds as well as current water quality conditions in lakes and streams within the WRAPS areas. Page 5 FFY09 Annual Report of Progress B. Water quality assessments were made for certain TMDLs to identify possible delisting opportunities and water quality improvement. These assessments were used in developing 9-Element watershed plans by each of the WRAPS groups. C. The North Fork Ninnescah River above Cheney Lake showed modest improvement with reduced suspended solids and phosphorus under certain flow conditions. Ongoing assessment of KDHE and USGS data continues to evaluate 15 years of BMP installation on watershed and lake quality. D. Bacteria levels on Clarks Creek in Morris and Geary counties have been reduced through non-point source abatement by those county conservation districts. Clarks Creek will be recommended for delisting its bacteria impairment in the 2010 Section 303(d) list. E. Banner Creek Lake was cited as a 319 Success Story by EPA because of its delisting in the 2008 Section 303(d) list and watershed BMP installation by Jackson County Conservation District. F. Watershed Planning Section has assisted Watershed Management with incorporating TMDL information into individual 9-Element watershed plans by specific WRAPS, including deriving existing pollutant loads and necessary load reductions interpreted from TMDLs, identifying interim milestones to show water quality improvement and establishing a monitoring plan for each watershed plan. 303d List: EPA approved the 2008 Kansas Section 303(d) list in December, 2008 after KDHE submitted the 2008 303d list to EPA in April. That list consolidated the inventory of impaired waters identified in 2006 and 2008. Emphasis was placed on impaired waters in Northwest Kansas (Smoky Hill-Saline, Solomon and Upper Republican Basins) and the Kansas-Lower Republican Basin, in anticipation of TMDL development work over 2008-2010. After consultation with WRAPS groups in the four basins and the respective Basin Advisory Committees, 13 impaired waters were slated for TMDL development in Northwest Kansas. As of September 30, those TMDLs were under development. The primary impairments addressed were total phosphorus, total suspended solids and bacteria in streams. The potential Kansas – Lower Republican Basin TMDLs were isolated to a few key issues in Page 6 FFY09 Annual Report of Progress the Middle Kansas Subbasin (Rock Creek bacteria and Lake Shawnee eutrophication) and the Delaware Basin (Perry Lake eutrophication and Mission Lake siltation). These are priorities of the two respective WRAPS as they prepare their 9-Element Watershed Plans in 2010. Additionally, a phosphorus budget for the Kansas River is slated for development to address the numerous impairments along the river and to identify the critical areas for targeting watershed planning and implementation. During September 2009, the methodology for listing and delisting of waters was revised and preparations were made for deriving the Section 303(d) list for 2010. This list will emphasize waters in the Marais des Cygnes, Missouri, Lower Arkansas, Upper Arkansas and Cimarron basins for work over 2010 – 2012. Additionally,
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