Tag Archives: TMDL

2015 Annual Update, St Lucie River and Estuary Basin Management Action Plan, SLR/IRL

Inside cover of the Draft 2015 SLR BMAP Report.

I did not attend yesterday’s meeting, but I do have copy of the “2015 Progress Report for the St Lucie River and Estuary Basin Management Action Plan.” The report is in PDF format so I cannot share in this post. Here is a copy of yesterday’s agenda: (http://www.dep.state.fl.us/water/watersheds/docs/bmap/meetings/AgendaStLucie-081215pdf.pdf)

Today I will try to provide some insights for every day people trying to figure out what a basin management action plan is, why we have one, and how we are doing so far….

Before we begin, we must first note that in 2002 the state of Florida declared the St Lucie River “impaired.” Impaired as in “its health”— with too much nitrogen and phosphorus and other pollutants from fertilizer and other sources that run off agricultural and developed lands…If you want, you can read the 2002 report below.

St Lucie River, Evidence of Impairment DEP : (http://dep.state.fl.us/southeast/ecosum/ecosums/SLE_Impairment_Narrative_ver_3.7.pdf)

Today we hear more about BMAPs (Basin Management Action Plans) and TMDLS (Total Maximum Daily Loads) than the original impairment report, but we must be aware that the only reason we have a BMAP is because the river is “impaired.” A BMAP is put in place by the state to “fix” impaired water bodies.

Our Martin County/St Lucie St Lucie River (SLR) impairment is compounded by the fact that the watershed has been heavily altered over the past 100 years. The Everglades Agricultural Area (EAA) south of Lake Okeechobee blocks the natural flow of Lake O. water going south to the Everglades; therefore the “overflow” waters of Lake Okeechobee are released into the St Lucie.

On top of that are canals C-23, C-24, C-25 that go way out west expanding the St Lucie River’s basin, draining parts of Okeechobee and St Lucie counties and even waters of the St John’s River that used to go north once located near Vero! Road runoff, marinas, agriculture, our yards, tributaries, non-functioning septic tanks, and other things all add up to create a pollution cocktail encouraging toxic algae blooms that kill seagrasses and wildlife and lower our property values for the entire area.

According to the St Lucie River Initiative our canals expanded the “flow” into the St Lucie River by as much as five times what Nature intended. See map below. The BMAP doesn’t really deal with this problem; it does not try to reroute these canals, it rather tries to “better the situation” we are in now as far as water inputs.

Drainage changes to the SLR. Green is the original watershed. Yellow and pink have been added since ca.1920. (St Lucie River Initiative's Report to Congress 1994.) — Drainage changes to the SLR. Green is the original watershed. Yellow and pink have been added since ca.1920. (St Lucie River Initiative’s Report to Congress 1994.)

So with that in mind, let’s get back to the state of Florida’s created Basin Management Action Plans implementing “total maximum daily loads” (TMDLs) for nitrogen and phosphorus. “Everyone” is part of lowering their loads to the river through building projects that help lower loads and implementing Best Management Practices for fertilizer etc…. Everyone in the basin that is. (Not Lake O- They have their own plan). Not everyone is an equal polluter but everyone tries to lower their load.

The stakeholders agreeing to do projects and implement Best Management Practices to lower their inputs are:

Agriculture

City of Fort Pierce

City of Port St. Lucie

City of Stuart

FDOT District

Hobe St. Lucie Conservancy District

Martin County

North St. Lucie River Water Control District (NSLRWCD) 10

Pal Mar WCD

St. Lucie County

Town of Sewall’s Point

Troup-Indiantown WCD

These stakeholders work together with the help of DEP, the Department of Environmental Protection, and others to lower their measured inputs of Nitrogen and Phosphorus into the river over a period of fifteen years, in five-year increments beginning in 2013. The draft report now is just reviewing the first two years of the first five years. We have a long way to go….

This slide of the summary report provides some overall insights. You can see the load originally compared to now and how far they have to go together to achieve the first increment.

1.1 Summary of Accomplishments

Table 3 summarizes the projects completed during the second annual BMAP reporting period. These resulted in an estimated reduction of 118,163.3 lbs/yr of TN and 26,998.8 lbs/yr of TP. The reductions are in addition to those projects given credit before BMAP adoption. Therefore, the total reductions to date are 595,952.0 lbs/yr of TN and 157,540.8 lbs/yr of TP, which are greater than the required reductions in the first BMAP iteration of 316,024.2 lbs/yr of TN and 121,250 lbs/yr of TP. These reductions, in addition to those shown as completed in the BMAP, are 56.6% of the required TN reductions and 39.0% of the required TP reductions of the Phase I BMAP.

The progress towards the TMDL TN and TP load reductions in the St. Lucie River and Estuary Basin are shown in Figure 2 and Figure 3, respectively. The first bar in these figures shows the baseline load for stormwater runoff. The second bar shows the current estimated loading with the implementation of projects. The third bar shows the total allocation for stormwater runoff to meet the TMDLs. The line shows the target for the first BMAP iteration. (DRAFT REPORT)

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So the St Lucie River BMAP is making “pretty good” progress according to the report. I imagine there is still a lot to improve. It is a process. We are learning….

These programs are definitely a major “participatory decision-making process” to be commended. I cannot imagine what it takes to coordinate this effort! It would be a nightmare actually. I rather just reroute the canals!

In closing we must note the Indian River Lagoon of which the St Lucie River is a tributary, has a BMAP, but it is for the central and northern lagoon not the southern lagoon where we are in Martin County. I don’t quite understand this. The river does not seem healthy in this area either.

Maybe one day soon the southern IRL will soon have its own BMAP too? A very complex process for two very sick rivers…A process we should all try to understand and help with too.(DEP BMAPS http://www.dep.state.fl.us/Water/watersheds/bmap.htm)

List of Florida's impaired water bodies and BMAPS. — List of Florida’s impaired water bodies and BMAPS.

*According to the Department of Environmental Protection: a BMAP is a “blueprint” for restoring impaired waters by reducing pollutant loadings to meet the allowable loadings established in a Total Maximum Daily Load (TMDL). It represents a comprehensive set of strategies–permit limits on wastewater facilities, urban and agricultural best management practices, conservation programs, financial assistance and revenue generating activities, etc.–designed to implement the pollutant reductions established by the TMDL. These broad-based plans are developed with local stakeholders–they rely on local input and local commitment–and they are adopted by Secretarial Order to be enforceable.

*Also for the first five years of the fifteen years the BMAP will take place, the stakeholders are getting extra credit because their SLR BMAP” credit includes storm water management strategies and projects that have been put in place since 2000 or will be implemented during the first five years of implementation June 2013-June 2018).”

SLR SFWMD (http://www.sfwmd.gov/portal/page/portal/xweb%20protecting%20and%20restoring/stlucie#data)

*Thank you to former commissioner Tom Baush of Sewall’s Point who shared this report with me.

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I am adding a comment from Dr Gary Goforth to this blog post at 1:00 PM 8-13-15. I think his professional insights are helpful even to the lay person; he did attend the BMAP meeting yesterday; and he is a regular contributor to my blog. Thank you Gary. (http://garygoforth.net)

3-18-15 at 7:17 AM Gary Goforth commented on 2015 Annual Update, St Lucie River and Estuary Basin Management Action Plan, SLR/IRL

Inside cover of the Draft 2015 SLR BMAP Report. I …

Hi Jacqui

I am very familiar with the TMDLs and BMAP for the St. Lucie River Basin. I attended the BMAP progress meeting yesterday along with Mark Perry and others. There were nice updates by Diane Hughes and her counterpart in St Lucie County on construction and operation of what should be good, effective projects for reducing nutrient loads to the St. Lucie River and Estuary. It is clear that local communities and others are working hard to reduce nutrient loading.

However that’s where the good news ended.

While the progress report leads the public to believe that great strides have been made by landowners in cleaning up their stormwater pollution, unfortunately the BMAP process and progress reporting is seriously flawed and present an overly optimistic assessment of the region’s water quality, and the progress made towards achieving the desired endpoint. I expressed this opinion to FDEP, FDACS and SFWMD staff at the meeting yesterday, with the following support:

1. The nutrient loading data in the progress report are not real (measured data), rather they are a combination of potential load reduction estimates superimposed on simulated data. No where in the progress report will you find the observed amount of nitrogen or phosphorus that actually entered the St. Lucie River and Estuary during 2015. As was discussed at the meeting, FDEP does not plan to bring real data into the progress reports until 2017.

a. The real data show a very different story, for example, phosphorus loading from the C-44 Basin (excluding Lake releases) has increased more than 50% from the 1996-2005 Base Period.

b. Until real data are shown, there can be no assessment of how well the BMAP program is working, and no mid-stream corrections will be made.

c. The majority of load reductions are attributed to agricultural land uses as a result of BMPs. However, FDACS and FDEP staff acknowledged that they have not yet documented the actual effectiveness of any ag BMP in the region – they repeatedly stated they were short on staff.

2. The progress report (and the BMAP) ignores the nutrient and sediment load from Lake Okeechobee discharges. In the 2015 reporting period, the assessment ignores over 400,000 pounds of nitrogen and 47,000 pounds of phosphorus that entered the River and Estuary from the Lake. And don’t expect future reports to reflect this loading – the BMAP process will continue to ignore loading from Lake Okeechobee, assuming instead that the Lake will achieve its own TMDL (another sad subject altogether).

3. The nutrient loads for the BMAP base period are not the actual loads that occurred in each of the basins – instead it is a simulated load that differs up to 25 percent from the observed load. Without an accurate base period load, true progress cannot be assessed.

I could go on for a while; I made many more suggestions how to improve the process and will follow up with written comments to the FDEP.

Gary

“Tough Love” and Impediments to Implementation of the IRL Basin Management Action Plans, SLR/IRL

Basin Management Action Plans, Florida. TCRPC doc. 2015.

You have probably heard it a hundred times: “BMAP, Basin Management Action Plan..” or “TMDLs….Total Maximum Daily Loads….”

That sounds kind of odd doesn’t it? Load of what?”

Phosphorus and nitrogen going into the water that is…

Florida Department of Environmental Protection:(http://www.dep.state.fl.us/central/Home/Watershed/BMAP.htm)

Anyway, today I will once again to try to boil-down some fancy government terms to help you understand what our state is doing to try to fix the “impaired waters of the state…” such as our St Lucie River and Indian River Lagoon. I will focus on a report about “what is impeding its progress.” This report will be discussed at the Treasure Coast Regional Planning Council on 6-19-15.

“Impediments to Implementation of the Indian River Lagoon Basin Management Action Plans” by the East Central Florida Regional Planning Council and the Treasure Coast Regional Planning Council was prepared with technical assistance from the Florida Department of Economic Opportunity, 5-27-15.

For a full copy of this report please contact Mr Michael Busha at mbusha@tcrpc.org

Here we go:

The Background section of the report notes:” …In the past century the IRL has been affected by many activities including the creation of inlets, dredging of navigational channels, impoundment of mangroves for mosquito control, shoreline development, and alteration of the watershed basins draining into the lagoon. Today water quality the single most important issue impacting the lagoon. The decline in water quality is attributed to an increase in nutrient input, sedimentation, turbidity, atmospheric deposition, nutrient releases from legacy muck deposits, and changes in salinity due to freshwater discharges. The issue is complex because the impact comes from a variety of sources, including non point sources of stromwater entering the lagoon through major canals systems as well as through smaller creeks, tributaries, and individual outfall structures.”

Here I must state something not noted in the report in case you don’t know: Not until a water body is declared as “impaired” does it get the help of the state creating a Basin Management Action Plan through the implementation of TMDLs—-or the determination of Total Maximum Daily Loads.

I wrote something in the past about this and likened a “total maximum daily load” to a “maximum daily allowance of cigarettes that one is allowed to smoke before one gets cancer…..a “total daily maximum daily load” of phosphorus and or nitrogen is what the government is talking about with the river. How much it can take before it gets sick/impaired.

Phosphorus and nitrogen come from different sources; I always note fertilizer as an example because it is written right there on the bag, and fertilizer from farming and people’s yards is a huge source of the LOAD of phosphorus and nitrogen going into our St Lucie River/Indian River Lagoon….

Right now all our water bodies get too much nutrient pollution (too many cigarettes) so now the government is figuring out how to cut back slowly over time….the problem is the river may die while we are “trying to kick the habit…”

Now, back to the official document: There are currently 20 adopted BMAPs in Florida. Portions of the IRL are addressed by four of the adopted BMAPs. They are North IRL; Banana River: Central IRL; St Lucie River and Estuary.

Each plan varies but has the same goal: to lessen nutrient pollution, to improve water quality, and whether the plan says it or not, to increase sea grasses….The plans outline specific project that are expected to provide load reductions of phosphorus and nitrogen. All plans are implemented in 5 year periods spread out over 15 years. Plans can be many things, turning dirt, holding water, implementing best management practices not to allow runoff….

Polluted runoff causes impairment…

The St Lucie River was determined as “impaired” in 2002. (Report at end of blog.)

The SLR/IRL BMAP was adopted in 2013. So to figure out how this plan will work….in 2018 the state will have a goal for load reduction; then again in 2023; and then again in 2028. Each time period the load numbers should be going down, and if they are not, cities, counties, and other stakeholders, like agriculture, and other polluters, should be in trouble if there is not a reduction in loads. DEP oversees all of this.

Kind of confusing isn’t it? And I am not sure my dates are correct, but hopefully you get the idea….Perfect science? No. But at least there is a plan…I just wish they’d get us off the cigarettes faster. Like make us go “cold turkey.”

The report list the following impediments the BMAPs.

1. Inadequate Funding….

2. Nutrient Load from Muck not Addressed. (Muck holds nutrients so when it get stirred up from winds or storms it is “re-released…” (Second hand smoke….)

3. Nutrient Loads from ground water are not being addressed. (Groundwater comes up from the ground as tides rise and bring nutrients like from septic tanks into the river and lagoon—gross.)

4. No Incentive for Stormwater Management. I am not really sure about this one but obviously it has to do with incentives; seems like the government could help create incentives if we would reward clean water….(inventions, lessen people’s taxes if they achieve clean water “loads.”) Hey doesn’t the Dept of Economic Opportunity do stuff like this?

5. Incomplete water quality data. Collecting data is expensive. Maybe high school kids could get credit if they did it…..and let’s face it: WE KNOW the WATER’S DIRTY. Focus on the source and stop acting like we don’t know where all this nutrient pollution is coming from!

6. Inadequate Water Quality Monitoring. Same thing as above. Figure it out. Guess….

7. Unequal treatment of public and private entities, agriculture, and water control. This is complicated, but basically in my opinion the Right to Farm Act puts less stringent standards on agriculture to prove they are lessening loads than on municipalities and counties. BMPs vs NPDS (Best Management Practices vs. National Pollutant Discharge Elimination System…)This is a huge problem. Ag has to enter the 21st century. All ag. Best Management Practices are “voluntary.” This is not enough!

8. Onerous conditions attached to BMAP projects

9. Inadequate technology to meet TMDL goals

10. BMAPS are based on flawed TMDLs

11. Trends in nutrient loading from atmosphere not being considered. (Phosphorus and nitrogen come in from rains and winds from as far away as the Europe, Africa and other nations polluting too…

12. Legacy Loading in Lake Okeechobee. THIS IS MY FAVORITE. How can surrounding governments and stakeholders be held responsible for lowering loads when periodic releases from Lake O through the C-44 canal pollute the water as fast as we can clean it up? For instance this year the ACOE and SFWMD have released into the estuary since January 16th and just stopped three weeks ago…MAJOR SECOND HAND SMOKE!!!!!!

13. Lack of Operations Monitoring

14. Load allocation process is not consistent between BMAPs. This has to do with undeveloped land being removed from the maps as nutrient reductions are not required on those lands…

There is a lot more to the report but that is a summary.

This whole process of BMAPS and TMDLs is confusing, but I wanted to at least give you an idea of the report. We must remember not to be too negative for the state workers implementing the BMAP. Negativity will not inspire more work, it will inspire less. Also it is not their fault. Fault lies in leadership.

Rather that telling businesses, citizens, and most of all agriculture to QUIT SMOKING, leadership —-and this is going back many years and includes Democrats and Republicans—is basically paying for our rehab over a period of 15 to 35 years.

Florida’s waters do not have time for rehab. They must be fixed today. Tough love is really the only answer.

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DEP Declaration of “Impairment” St Lucie River, 2002: (http://www.dep.state.fl.us/southeast/ecosum/ecosums/SLE_Impairment_Narrative_ver_3.7.pdf)

DEP Secretary Hershel Vinyard Resigns; What Will This Mean for the Indian River Lagoon?

Hershel Vinyard, head of the DEP, speaks to river activist Benjamin Davano, TMDL Announcement, Downtown Stuart, 2013. — Secretary Hershel Vinyard, of the DEP, fields questions from river activist Benjamin D’Avano about a toxic SLR/IRL, “TMDL Celebration” Downtown Stuart, 2013.

Right before Thanksgiving, I heard the news, “Secretary Hershel Vinyard announced he is retiring from the Department of Environmental Protection….”

Even though there were many times over the past few years, that I felt like the DEP was not doing its job, and that the Scott administration had “demoralized” the agency, I felt saddened to hear this news….

Why? Because Hershel Vinyard was someone who went out of his way to build relationships in Martin County. Who will I call now? Clifford Wilson, the 35-year-old interim Secretary for the DEP? Don’t think he’d recognize my name and maybe not even be that familiar with the problems facing the St Lucie River/Indian River Lagoon…

Clifford Wilson, interim Secretary for the DEP.

After thinking for a while, an image came to mind of the first time I saw Secretary Vinyard deal with an angry public. He did a good job and from that moment on I liked him.

It was July 18th of 2013, and Martin County officials and the DEP were “celebrating” the official Total Maximum Daily Load/Basin Management Acton Plan (http://www.dep.state.fl.us/central/Home/Watershed/BMAP.htm) to clean up the St Lucie River (http://depnewsroom.wordpress.com/2013/07/18/dep-local-officials-celebrate-restoration-plan-for-st-lucie-river-and-estuary/); the perfect and sad situation of that day was that is the estuary was full of toxic algae due to discharges from Lake Okeechobee exacerbated by runoff from local canals. It was our “2013 Lost Summer.”It did not seem like a time to celebrate.

I have to say that Secretary Vinyard did a good job handling an angry crowd and over time I came to know him and appreciated that he took the time to visit Stuart on many occasions and learn the history and polluted plight of the St Lucie River and Indian River Lagoon. He would listen. He helped bring Governor Scott here to see the river. He saw how much we cared and responded even though he could not single-handedly fix the situation. Martin County is not known for getting much attention–I am appreciative that it was given…you can’t start changing things until those in power know who you are.

Group shot, Town of Sewall’s Point Commissioner, Jacqui Thurlow-Lippisch; Stuart Former mayor and Commissioner, Jeff Krauskoph; SFWMD Board Member, Kevin Powers, DEP Secretary Hershel Vinyard; SLC Commissioner, Chris Dzadovsky ; Martin County Commissioner, Ed Fielding; River Kidz member, Mary Thurlow, 2013.

Speakers talk about the clean up of the SLR, 2013.

Mary, Secretary Vinyard and me. — Mary, Secretary Vinyard and me, 2013.

One time, when I emailed the Secretary about the SLR/IRL, I made the mistake of writing “Secretary Walker…” as in “Hershel Walker,” a very famous Georgia football player from my era who tortured the Florida Gators. As always, Mr Vinyard was a gentlemen and did not make me feel like an idiot.

In spite of people or parties we “like or dislike,” we must remember that it is relationships that will help heal the St Lucie River/Indian River Lagoon, and these must be built with whomever is in office. And although it may have been political, Secretary Vinyard was on the Army Corp of Engineer Calls at the end of this summer asking the agencies NOT TO RELEASE LAKE OKEECHOBEE WATER THROUGH S-308 into the St Lucie River/Indian River Lagoon. I will never forget these words….this is progress.

Yes, I am thankful for the times Secretary Vinyard took an interest in Martin County and since he resigned Thanksgiving week, I want to mention this. I hope that the next person who takes the position of Secretary of the DEP comes to know the St Lucie River/Indian River Lagoon too. We are entering a critical time with the possibilities of land acquisition in the Everglades Agricultural Area though Amendment 1; it’s a lot easier to work this with people we know or knew…

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Miami Herald Vinyard’s resignation: (http://www.miamiherald.com/news/state/florida/article4159030.html)

Understanding Point and Non-Point Pollution, St Lucie River/Indian River Lagoon

Fertilizer, pesticides and herbicides "run-off" crops during a rain storm. This is an example of non-point pollution. Lynda Betts, United States Dept. of Agriculture. (Photo, public domain.) — Fertilizer, pesticides and herbicides “run-off” crops into a canal during a rain storm. This is an example of “non-point pollution.” Lynda Betts, United States Dept. of Agriculture. (Photo, public domain.)

There are many types of pollution that affect the St Lucie River/Indian River Lagoon but two words you will hear over and over are “point” and “non-point pollution.” These are important words to understand especially today as we fight to save our rivers.

Point pollution is basically pollution that you can pin-point coming out of a “pipe.” Point pollution is associated with industry. For instance, a waster water treatment plant that has a pipe releasing into the river is point pollution. In the late 1800s and early 1900s some residences, businesses and industries just let their pollution and or sewage go directly into the St Lucie River and Indian River Lagoon. Yuk!

This practice improved with the advent of sewer systems, septic and organized cities but there were/are still direct pipes releasing very unclean water until very recently. Recognizing the impacts of discharges from wastewater treatment plants, the Florida Legislature passed the Indian River Act (Chapter 90-262) in 1990 requiring waste water treatment plants to cease discharging their effluent, somewhat processed poop, into the lagoon. Because it was easy to pinpoint exactly where these industrial wastewater points are/were located, it is fairly easy to regulate them.

The lagoon and we have befitted from the Indian River Act 90-262 but we still have problems.

Non-point pollution, unlike point source pollution, is pollution that is hard to pin-point because it is coming from “everywhere.” On average it rains 50 inches each year along the Treasure Coast. Highways, parking lots, people’s yards, leaky septic tanks, and agriculture all combine to create a cocktail of oils, heavy metals, fertilizer, pesticides, herbicides, viruses, bacteria and other pollutants that run from flowing rain water into area canals and then straight into the St Lucie River/Indian River Lagoon.

To complicate things more, cities and counties can regulate residential applications (for instance many have recently passed strict fertilizer ordinance outlawing the use of nitrogen and phosphorus fertilizer application during rainy season,) but cities are not allowed to regulate agriculture even if is located in their city or county.

Agriculture is exempt from such laws. Agriculture is regulated and overseen by the Florida Department of Agriculture.

The Department of Agriculture recognizing the need to abate fertilizer and chemical runoff does promote “best management practices,” helping farmers work to lower phosphorus and nitrogen runoff but this is voluntary and not required. Most farmers do comply but it is not easy to judge and measure so agriculture runoff continues to significantly add to river pollution across our nation and state as we know from our C-44 canal that dumps mostly agriculture basin runoff into our rivers.

You will often hear people say, “We must stop pollution at the source!” This is a good idea and our state and federal agencies are doing it with point source pollution but not with non-point source pollution.

Perhaps one day every yard and every agriculture field will have to take a portion of their land to hold rain runoff so the pollutants seep into the earth before they go to our waterways? Perhaps one day the Department of Environmental Protection and the US Environmental Protection Agencies will become more hard-core rather than coming up with programs like TMDLs and BMP–Total Maximum Daily Loads for phosphorus and nitrogen and Basin Management Action Plans, because although those will help over time, like 30 years, we don’t seem to have a lot of time left.

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Point Source Pollution (http://en.wikipedia.org/wiki/Point_source_pollution)
Non Point Pollution (http://en.wikipedia.org/wiki/Nonpoint_source_pollution)
Best Management Practices (http://solutionsforyourlife.ufl.edu/hot_topics/agriculture/bmps.html)
TMDL/BMAPS FDEP (http://www.dep.state.fl.us/water/tmdl/)
IRL Study Guide, pg. 11 Point/Non Point Pollution: (http://t.co/LqUx4eqxS1)