Appendix A Terms of Reference Niagara River (Ontario) RAP Welland River Eutrophication Study Purpose: This Terms of Reference document outlines the purpose of the Welland River Eutrophication Study, the study goals, the Technical Working Group (TWG) membership, roles and responsibilities, meeting frequency, reporting requirements, timelines and reference documents. The purpose of the Welland River Eutrophication Study is to refine and implement the Recommendations for Monitoring and Assessment as laid out by the technical review committee in Appendix H of the Technical Review Report.1 The goals of the study include the following: - gather missing data about how the Welland River ecosystem is responding to nutrient inputs (e.g. with algal blooms or low oxygen levels), - set delisting criteria for key parameters in the river, and - set targets for tributary loads to meet the delisting criteria. Background: The Welland River watershed encompasses 81% of the Niagara River (Ontario) Area of Concern (AOC). With a total drainage area of 1023 km2, the Welland River watershed is the largest, most diverse and most stressed watershed within the jurisdictional area of the Niagara Peninsula Conservation Authority (NPCA). The river has its origins in the Town of Ancaster, and is characterized by a wide range of agricultural activities, rural residential and urban development patterns along its course. Although it drops significantly (78m) over the first 55 kilometers, it is a meandering, sluggish river from Port Davidson downstream to its physical outlet at the Niagara River. The entire flow of the Welland River is diverted at a point 6 kilometers west of its junction with the Niagara River into the Queenston-Chippawa Power Canal. The operation of the Power Canal and the Control Structure cause the section of the Welland River between Chippawa and the Queen Elizabeth Way (locally known as Chippawa Creek) to flow westward (upstream) as water is diverted from the Niagara River to the Power Canal. The regulated diversion of water in the lower Welland River creates a pattern of regular diurnal fluctuation in water levels that extends approximately 60 kilometers upstream of the diversion. The twice-daily vertical fluctuation of 30cm to 45cm has impacted on the river’s ability to transport its sediment to an appropriate outlet or to maintain floodplain wetlands for fish habitat and erosion control purposes. The current The 2007 Technical Review of Impairments and Delisting Criteria situation creates a dilemma in that the river can not drain effectively. Sediment that is deposited at a delta in other river systems is continually suspended within the Welland River. By almost any standard of measurement, water quality in the Welland River is poor and in need of improvement. Water quality monitoring results continue to confirm the following: - very high suspended sediment levels caused by excess topsoil erosion; - excess algae growth caused by high phosphorus loads; - stagnant flow and rotting algae combine to cause low dissolved oxygen levels in the river waters; - unacceptably high bacteria levels at many locations from both human and livestock sources - lack of forest cover through the entire drainage basin, and - low abundance and diversity of fish species. As it is the largest tributary to the Niagara River, consequently the Welland River is the focus of many of the Recommendations in the Niagara River Remedial Action Plan (RAP) reports. In order to delist the Niagara River AOC, it is imperative that the environmental problems within the Welland River watershed are addressed. The Niagara River RAP Stage 2 review: Between 2005 and 2007, a 10-year review of the framework for implementation of remedial actions was undertaken as part of the Niagara River (Ontario) Remedial Action Plan (RAP). This included review and, where applicable, revision of the status of Beneficial Use Impairments (BUIs), delisting criteria, monitoring and assessment priorities, and the implementation annex and RAP work plan. As part of the review of delisting criteria and BUIs, a number of recommendations were made for science-related activities (monitoring, assessment, and reporting) to be undertaken in the Niagara River (Ontario) Area of Concern (AOC). Appendix H of the 2007 Technical Review of Impairments and Delisting Criteria lays out proposed Recommendations for monitoring and assessment to address the BUI: Eutrophication and Undesirable Algae, and briefly listed below. Recommendations for Monitoring and Assessment: A working group of MOE, NPCA, and Environment Canada staff (referred to as the Technical Working Group or TWG) will be assembled to refine and implement the recommendations below over the next 2-3 years. The lead agency is the NPCA. Recommendations are as follows: 1. Characterize the biological response of the Welland River to high phosphorus inputs including the type, frequency, location, and timing of algal blooms, and whether oxygen depletion (anoxia) is occurring in relation to aquatic plant or algae overgrowth. A number of potential studies are suggested to implement this recommendation. This work is considered the highest priority for implementation. Details are provided in the Work Plan (dated January 30, 2008). 2. Characterize concentrations of plant-available phosphorus versus sediment-bound phosphorus along the length of the Welland River. (Dependent on results from implementing recommendation 1) 3. Develop delisting criteria for the Welland River upstream of the Old Welland Canal which identify the desired conditions in the river with regard to dissolved oxygen and abundance of algae/aquatic plants. This is the key purpose of the study. When the delisting criteria for nutrients have been developed then effective monitoring programs may be established for the Welland River. 4. Develop phosphorus loading targets for different subwatersheds of the Welland River upstream of the Old Welland Canal to meet delisting criteria. This approach, using the AGNPS model at the NPCA, is based on the development of loading targets for the Hamilton Harbour RAP. 5. Monitor success in meeting ambient targets for the Welland River through alterations to the existing AOC Tributary Monitoring Program. An existing program called the AOC Tributary Monitoring Program, designed for long-term monitoring of the state of AOC tributary water quality, is run by the NPCA. Necessary modifications would be determined at the time of developing delisting criteria. Membership: The Welland River Eutrophication Study TWG consists of partner agency representatives to implement the eutrophication study under the auspices of the RAP Science Committee. The following agency representatives* will comprise the TWG: • Martha Guy, Environment Canada (EC) • Véronique Hiriart-Baer, EC • Mary Ellen Scanlon, Ontario Ministry of the Environment (MOE) • Sarah Day, MOE • Tanya Labencki, MOE • Annie Michaud, Niagara Peninsula Conservation Authority (NPCA) • Josh Diamond, NPCA • Valerie Cromie, NPCA *Representatives from other agencies will be circulated information and/or solicited for input as the Study progresses. The RAP Team will continue to provide the main coordination and oversight function for the RAP, with the Welland River Eutrophication Study TWG receiving direction from, and providing information to, the RAP Science Committee. Roles and Responsibilities: The NPCA representatives will facilitate meetings and work with the TWG to organize and schedule meetings and/or teleconferences, as required during the study. They will also liaise with the RAP Science Committee for the purpose of reporting on the Welland River Eutrophication Study activities and priorities, and to receive directives and information from the RAP Science Committee on behalf of the TWG. As RAP Coordinator, the NPCA representatives will report on progress in the study to the RAP Team when requested. The NPCA representatives will organize meetings and/or teleconferences, and keep records of the study activities and results in cooperation with the TWG. Other members will attend related meetings and events, prepare and present information on their agency’s activities and priorities as applicable, and coordinate relevant information flow between the Welland River Eutrophication Study and scientific personnel within their agency. Meeting Frequency: The Welland River Eutrophication Study TWG will generally meet and/or teleconference twice annually, in the summer and winter, although additional meetings may be arranged as required by the study. The winter meeting will mainly be for the purpose of work planning for the coming monitoring season, and the summer meeting will be a review of progress and update on activities planned in the winter meeting. Additional meetings and events (such as workshops) may be planned as the need arises. Reporting requirements and timelines: A report on the status of Welland River eutrophication, established delisting criteria, and loading targets to meet delisting criteria is required for March 2011. Progress reports will be submitted quarterly for 2008 – 2010 to the Niagara River RAP Science Committee. Reference Documents: The following documents will guide the Welland River Eutrophication Study TWG’s work: • The 2007 RAP Monitoring Plan • The 2007 Technical Review of Impairments and Delisting Criteria • The 2007 RAP Work plan • The 1993 RAP Stage 1 and 1995 RAP Stage 2 reports • A map showing the boundaries and key features of the Niagara River (Ontario) AOC is found in Figure 1 in this document.