Virginia Commonwealth Prohibition on Discharges of Vessel Sewage; Final Affirmative Determination, 42070-42073 [E9-20023]
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received by EPA by October 19, 2009.
EPA intends to submit comments from
the public received by this date for
consideration by the external peer
review panel.
ADDRESSES: The draft ‘‘Toxicological
Review of Ethyl Tertiary Butyl Ether: In
Support of Summary Information on the
Integrated Risk Information System
(IRIS)’’ is available via the Internet on
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Please follow the detailed instructions
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INFORMATION section of this notice.
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inhalation reference concentrations
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Docket ID No. EPA–HQ–ORD–2009–
0229 by one of the following methods:
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Dated: May 26, 2009.
Rebecca Clark,
Director, National Center for Environmental
Assessment.
[FR Doc. E9–20044 Filed 8–19–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8946–5]
Virginia Commonwealth Prohibition on
Discharges of Vessel Sewage; Final
Affirmative Determination
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of final determination.
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Federal Register / Vol. 74, No. 160 / Thursday, August 20, 2009 / Notices
SUMMARY: Notice is hereby given that
the Regional Administrator, EPA Region
III has affirmatively determined,
pursuant to section 312(f) of Public Law
92–500, as amended by Public Law 95–
217 and Public Law 100–4 (the Clean
Water Act), that adequate facilities for
the safe and sanitary removal and
treatment of sewage from all vessels are
reasonably available for the navigable
waters of the Broad Creek, Jackson
Creek and Fishing Bay Watersheds in
Middlesex County, VA. Virginia will
completely prohibit the discharge of
sewage, whether treated or not, from
any vessel in Broad Creek, Jackson
Creek and Fishing Bay Watersheds.
FOR FURTHER INFORMATION CONTACT:
Michael D. Hoffmann, EPA Region III,
Office of State and Watershed
Partnerships, 1650 Arch Street,
Philadelphia, PA 19103. Telephone:
(215) 814–2716. Fax: (215) 814–2301.
E-mail: hoffmann.michael@epa.gov.
SUPPLEMENTARY INFORMATION: An
application was made by the Virginia
Secretary of Natural Resources on behalf
of the Commonwealth of Virginia
Department of Environmental Quality
(VDEQ) to EPA Region III to approve a
no discharge zone for the Broad Creek,
Jackson Creek and Fishing Bay
Watersheds. Upon publication of this
final affirmative determination, VDEQ
will completely prohibit the discharge
of sewage, whether treated or not, from
any vessel in Broad Creek, Jackson
Creek and Fishing Bay watersheds in
accordance with section 312(f)(3) of the
Clean Water Act and 40 CFR 140.4(a).
Notice of the Receipt of Application and
Tentative Determination was published
in the Federal Register on Thursday
June 4, 2009 (74 FR 26858, June 4,
2009). Comments on the tentative
determination were accepted during the
30-day comment period which closed
on July 6, 2009. No comment letters
were received during the 30-day
comment period. The remainder of this
Notice summarizes the location of the
no discharge zone, the available
pumpout facilities and related
information.
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Broad Creek, Jackson Creek and
Fishing Bay Watersheds
The Broad Creek, Jackson Creek and
Fishing Bay Watersheds are located in
the easternmost part of Middlesex
County (i.e., Deltaville), Virginia. The
Broad Creek discharges north to the
Rappahannock River near its confluence
to the Chesapeake Bay. Jackson Creek
discharges east into the mouth of the
Piankatank River, and Fishing Bay
discharges directly south to the
Piankatank River, which discharges to
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the east to the Chesapeake Bay. These
watersheds, including Porpoise Cove
and Moore Creek, encompass an area of
land and water of approximately 3.4
square miles with nearly 18 miles of
shoreline. All these water bodies are
oligohaline and subject to the action of
tides. The majority of the waters outside
the bays are shallow with maintained
channel depths of six (6) to ten (10) feet,
although some of the areas may not
exceed four (4) feet in depth.
Many people enjoy the Broad Creek,
Jackson Creek and Fishing Bay
Watersheds for a variety of activities,
including boating, fishing, crabbing,
water skiing, and swimming. The
shoreline surrounding these three
watersheds includes 1,583 housing
units (824 year round), public access
areas, thirty two (32) marinas, boat
launch facilities, and waterside
restaurants. Both recreational and
commercial large and small boats,
personal watercraft, canoes, kayaks,
water skiers, and swimmers enjoy these
rivers for their recreational benefits. The
full time resident population of 1,716
people (increasing to several thousand
during the summer months) use these
adjacent areas for boating, fishing, and
commercial shellfish cultivation and
harvesting.
Broad Creek, Jackson Creek and
Fishing Bay host threatened,
endangered and rare species of plants
and animals, including more than forty
(40) water dependent species. The
waters of both the Rappahannock and
Piankatank Rivers and their tributaries
are historically known to accommodate
migrating populations of more than ten
(10) anadromous fish species. Marine
mammals, sea turtles, and waterfowl are
also dependent on the environmental
quality of these three watersheds and
surrounding areas.
The waters of the Broad and Jackson
Creeks have been under varying levels
of shellfish condemnation for more than
twenty (20) years. The 2006 Virginia
Water Quality Assessment listed Broad,
Jackson and Moore Creeks, Fishing Bay
and Porpoise Cove as requiring total
maximum daily loads’ determinations
(TMDLs) for dissolved oxygen, aquatic
plants and bacteriological impairments
from fecal coliform and enterococci
bacteria. In 2005, EPA Region III and the
Virginia State Water Control Board
(SWCB) approved a TMDL for the
shellfish harvest use impairments on
Broad and Jackson Creeks and the lower
Piankatank River. Establishing a No
Discharge Zone is one of the
Commonwealth’s strategies in
improving overall water quality in the
lower Chesapeake Bay, and these
identified reaches of the Rappahannock
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and Piankatank Rivers. The small
tributaries to the Rappahannock and
Piankatank Rivers noted within the
areas to be designated are exceptional
state resources in need of greater water
quality protection than the current
applicable Federal standards afford due
to their high utilization by recreational
vessels, significant shell- and finfish
resources, and direct public contact
with the affected waters.
For the purposes of this application
A. The proposed Broad Creek
Watershed No Discharge Zone is
defined as all contiguous waters south
of the line formed between the points
formed by Latitude 37°33′46.3″ N and
Longitude –76°18′45.9″ W and north to
Latitude 37°33′47.4″ N and Longitude
–76°19′24.7″ W.
B. The proposed Jackson Creek
Watershed No Discharge Zone is
defined as all contiguous waters west of
the line formed between the points
formed by Latitude 37°32′40″ N and
Longitude –76°19′40.6″ W at Stove Point
Neck and Latitude 37°32′46.8″ N and
Longitude –76°19′15.6″ W at the
western point of the entrance to the
eastern prong of Jackson Creek.
C. The proposed Fishing Bay No
Discharge Zone is defined as all
contiguous waters north of the line
formed between the points formed by
Latitude 37°32′01.9″ N and Longitude
–76°21′43.5″ W at the southernmost tip
of Bland Point and Latitude 37°31′29.4″
N and Longitude –76°19′53.6″ W at the
southernmost tip of Stove Point. This
area includes all of Fishing Bay, and
encompasses Moore Creek and Porpoise
Cove.
The Commonwealth of Virginia
Department of Health (VDH) ensures
that proper sanitary facilities are
present. There are eighteen (18) marinas
in Broad Creek, of which are nine (9)
waterfront marinas operating ten (10)
sanitary pumpouts. The remaining nine
Broad Creek marinas have no pumpouts
but seven (7) offer sanitary restroom
facilities. In Jackson Creek, five (5)
marinas operate six (6) sanitary sewage
pumpouts and dump station facilities.
The remaining four (4) Jackson Creek
marinas have no pumpouts but three (3)
have sanitary restroom facilities. Within
Fishing Bay, there are two (2) sewage
pumpout stations and one (1) under
construction in Porpoise Cove. All of
these facilities also provide dump
stations, restrooms, and informational
signage. Costs for pumpouts can vary
from no charge to less than $15.00
Further details:
Broad Creek
Walden Brothers Marina (Deltaville,
VA), on the west side of Broad Creek,
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operates a dump station, a sewage
holding tank and restrooms. The clearlyidentified pumpout is accessible to all
boaters. The marina has 63 seasonal
slips, 6 transient slips and 15 dry
storage areas with dump station,
restrooms, fuel, potable water,
electricity, solid waste containers and
repair facilities. The facility operates
daily 8 a.m. to 5 p.m., 12 months/year.
Bay Marine (Deltaville, VA) is
adjacent to Walden Brothers. It operates
a sewage pumpout, a dump station and
public restrooms. This facility operates
a Class II package wastewater treatment
unit with a 5,000 gallon holding tank.
This facility has sixty (60) seasonal
slips, many of which are occupied with
houseboats. Dump station, restrooms,
fuel, potable water, electricity, solid
waste containers are on site. Operations
are 8 a.m. to 4:30 p.m. daily, 12 months/
year.
Norton’s Marina (Deltaville, VA) is
upstream of Bay Marine. It operates an
accessible, clearly posted holding tank
pumpout facility, with 42 seasonal slips.
Restrooms, fuel, potable water,
electricity, solid waste containers and
repair facilities are available. Operations
are on request, 7 days/week and 12
months/year.
Timberneck Marina (Deltaville, VA) is
adjacent to Norton’s Marina. There are
35 seasonal slips accessible to fuel,
potable water, electricity, solid waste
containers and repair facilities. The
posted pumpout station is at the
terminus of its dock at Broad Creek.
Operations are 8 a.m. to 4:30 p.m., six
(6) days/week all year.
Broad Creek Marina (Deltaville, VA)
has 20 seasonal slips with a posted
holding tank pumpout unit, a dump
station, restrooms, fuel, potable water,
electricity, solid waste containers.
Operations are 8 a.m. to 5 p.m., seven
days/week from May through
November.
Walter’s Marina (Deltaville, VA),
adjacent to Broad Creek Marina, is
managed as a bed/breakfast serving 12
(max) vessels. It offers a dump station,
restrooms, potable water, electricity,
and solid waste containers. Operations
are on demand.
Chesapeake Cove Marina (Deltaville,
VA) is further upstream on Broad Creek
with 37 seasonal slips and a dump
station, restrooms, fuel, potable water,
electricity, solid waste containers and
repair facilities. There is a posted
holding tank pumpout facility.
Operations are 8 a.m. to 5 p.m., 7 days/
week, April though December.
J&M Marine (Deltaville, VA) is on the
south shore of Broad Creek western
branch adjacent to Chesapeake Cove and
Coastal Marinas. There are 50 seasonal
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and 17 dry storage slips, with a boat
ramp, restrooms, potable water,
electricity, solid waste containers and
repair facilities. Hours of operation were
not listed.
Coastal Marine (Deltaville, VA) is on
the south shore of the western branch of
Broad Creek, adjacent to J&M and
Deltaville Yachting Center. It offers 12
seasonal slips and potable water,
electricity, solid waste containers and
repair facilities. Hours of operation were
not listed.
Deltaville Yachting Center (Deltaville,
VA) is adjacent to Coastal Marine and
upstream of Norview Marina with 80
seasonal slips, 4 transient slips, 190 dry
storage spaces, and two (2) sewage
holding tank pumpout stations, in
addition to a dump station, restrooms,
fuel, potable water, electricity, solid
waste containers and repair facilities.
Operations are 8 a.m. to 4:30 p.m. for 6
days/week, March through November/
year.
Norview Marina (Deltaville, VA) is on
the east shore at the mouth of Broad
Creek, and adjacent to the Regatta Point
Yacht Club, and across Broad Creek
from Bay Marine and Walden Brothers
Marina. It has 110 seasonal slips, 188
dry storage spaces, a boat ramp, a dump
station, restrooms, fuel, potable water,
electricity, solid waste containers and
repair facilities. Operations are 8 a.m. to
6 p.m., 7 days/week, 12 months/year.
Regatta Point Marina (Deltaville, VA)
is on the eastern shore near the mouth
of Broad Creek. There are 80 seasonal
slips and a dump station, restrooms,
fuel, potable water, electricity, solid
waste containers and repair facilities.
Operations are May 15 through
September 15 yearly, 7 days/week.
Stingray Point Marina (Deltaville, VA)
is on the eastern branch near the mouth
of Broad Creek and adjacent to Regatta
Point Yacht Club, and across from Bay
Marine and Walden Brothers Marina.
There are 178 seasonal slips with a
dump station, restrooms, fuel, potable
water, electricity, solid waste containers
and repair facilities. Operations are 8
a.m.–4:30 p.m., 7 days/week, March
through November/year.
In addition, there are at least four (4)
additional facilities on the Broad Creek
in the Deltaville, VA area with nominal
amenities for boaters and water
recreation craft.
Jackson Creek
Harbour House (Deltaville, VA) is a
private marina at the mouth of Mill
Creek meeting Jackson Creek offering 22
seasonal slips, with a ramp, electricity,
solid waste containers, restrooms and
sewage holding tank pumpout facilities.
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Operations are 24 hours/day, 7 days/
week, 12 months/year.
Jackson Creek Harbor Condominium
(Deltaville, VA) is a private marina with
36 seasonal slips and electricity, potable
water, and restroom facilities. No times
were listed.
Deltaville Marina (Deltaville, VA) has
79 seasonal slips, 10 transient slips, two
sewage holding tank pumpout facilities
in addition to a dump station,
restrooms, fuel, potable water,
electricity, solid waste containers and
repair facilities. Operations are 8 a.m.–
6 p.m., for March through December (2
pumpouts available).
Powell’s Marina (Deltaville, VA) has
43 seasonal slips with a dump station,
restrooms, fuel, potable water,
electricity, solid waste containers and
sewage holding tank pumpout facilities.
Operations are 8 a.m.–5 p.m., 7 days/
week, 12 months/year.
Fitzgerald Boat Basin (Deltaville, VA)
has 22 seasonal slips, with a dump
station, restrooms, potable water,
electricity, solid waste containers and
sewage holding tank pumpout facilities.
Operations are 7 a.m–7 p.m., 7 days/
week, April through November.
Little Snug Harbor (Deltaville, VA)
has 27 seasonal slips with electricity,
potable water and restroom facilities.
Operation times were not listed.
Fishing Bay Yacht Club (Deltaville,
VA) has 80 seasonal slips, a boat ramp,
a dump station, restrooms, potable
water, electricity, solid waste containers
and sewage holding tank facilities.
Operations are at no charge, 24 hours/
day, 7 days/week, 12 months/year.
There are at least two other mooring
areas with limited amenities on Jackson
Creek accessible to boaters.
Fishing Bay
Ruark’s Marina (Deltaville, VA) is
adjacent to Fishing Bay Trace and
Fishing Bay Harbor which lie just to the
south. The marina operates a dump
station, and is contracted to provide a
publicly accessible and posted pumpout
unit at the terminus of their ‘‘A’’ dock.
On site at Ruark’s are 72 seasonal slips
with potable water, electricity, solid
waste containers and restroom facilities.
The site is under construction; no hours
are yet listed.
Fishing Bay Trace (Deltaville, VA) is
a private facility which has twelve (12)
slips but no dump station, solid waste
or pumpout facilities. No times listed.
Fishing Bay Harbor Marina
(Deltaville, VA) is on the western shore
of Fishing Bay and adjacent to Fishing
Bay Trace and the Chesapeake Marine
Railway. There are 106 slips with fuel,
potable water, electricity, solid waste
containers, a dump station, a sanitary
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pumpout and restroom facilities.
Operations are 8 a.m. to 5 p.m., 7 days/
week from April through December.
Porpoise Cove
Porpoise Cove Marina (Deltaville, VA)
is located at the southern end of
Porpoise Cove on the north shore of the
Piankatank River. There are 21 slips
with potable water, electricity, solid
waste containers, a dump station, and
restroom facilities. The marina is under
contract with the VDH Marina program
to build a new pumpout station in 2009.
No times listed; the facility is under
construction.
The Commonwealth of Virginia
Sanitary Regulations for Marinas and
Boat Moorings specifies requirements
for facility design and operation.
Routine health department inspections
and performance tests are performed to
ensure that facilities are available and
functioning properly. The Virginia State
Water Control Law Section 62.1–44.33
addresses vessel discharges and
authorizes the State Water Control
Board to adopt regulations controlling
discharges from boats, which are listed
and defined in 9 VAC 25–71–70, which
also addresses, defines and designates
No Discharge Zones (9VAC 25–71–60).
Broken pumpout stations can be
reported to the Virginia Department of
Health by calling 1–800–ASK–FISH.
These regulations also address treatment
of collected vessel sewage from
pumpouts and dump stations. In
compliance with these regulations, all
wastes from marinas within the Broad
and Jackson Creeks and Fishing Bay are
collected in and transported by haulers
who deliver them to municipal waste
treatment facilities or private facilities
permitted under the Commonwealth of
Virginia Pollutant Discharge
Elimination System for final treatment
and disposal.
According to the Commonwealth of
Virginia’s application there are
approximately 631 vessels operating in
the Deltaville, VA area (551 registered
and 80 documented) on any given day
based on boater registrations and
observations. Transient boat population
was not included in the VDH or VDEQ
field reconnaissance. Based on this
information, it is assumed that most
transient boats are brought in by trailer.
Most of these boats would not be of a
size expected to have a holding tank.
Transient boat counts have been
estimated based on boat information
given by the operators of the marinas in
the Broad and Jackson Creeks and
Fishing Bay areas.
The estimated vessel population in all
of the affected areas is based on length:
297 vessels less than 16 feet in length,
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537 vessels between 16 feet and 26 feet
in length, 1,239 vessels between 27 feet
and 40 feet in length, and 42 vessels
greater than 40 feet in length. Based on
the number and size of vessels and EPA
guidance for State and local officials to
estimate the number of vessels with
holding tanks, three (3) pumpouts and
one dump station are needed for Broad
Creek. Currently, there are eleven (11)
pumpout facilities and nine (9) dump
stations in Broad Creek. In Jackson
Creek, four (4) pumpouts and one (1)
dump station are required while six (6)
pumpouts and three (3) dump stations
exist. For Fishing Bay and the adjacent
waters of Porpoise Cove and Moore
Creek, two (2) pumpouts and one (1)
dump station were required, while there
are now two (2) pumpouts and two (2)
dump stations currently available.
Using the VDH submitted calculations
and information, there are sufficient
numbers of pumpout facilities and
dump stations at the marinas in the
waters in and around the affected areas
to adequately service marine sanitary
needs. These facilities are easily
accessible to all vessels and provide safe
and sanitary wastewater removal and
treatment.
EPA hereby makes a final affirmative
determination that adequate facilities
for the safe and sanitary removal and
treatment of sewage from all vessels are
reasonably available for the Broad and
Jackson Creeks, the Fishing Bay and
Porpoise Cove and Moore Creek areas,
in and around Deltaville Virginia. The
Commonwealth of Virginia has
demonstrated that there is adequate and
sufficient law enforcement capability of
these regulations. The Commonwealth
has also submitted data to document
that local citizens, advocacy groups, and
marina personnel are concerned about
the adverse impacts from vessel sanitary
discharges into the Broad and Jackson
Creeks and Fishing Bay, and adjacent
areas. In response to public meetings in
May and June 2008, professional and
public comments were all supportive of
the decision to designate the affected
areas as a no discharge zone. There were
sufficient agency and environmental
groups’ comments to also support these
measures.
Finding
The EPA hereby makes a final
affirmative determination that adequate
facilities for the safe and sanitary
removal and treatment of sewage from
all vessels are reasonably available for
the Broad Creek, Jackson Creek and
Fishing Bay Watersheds. This final
determination will result in a Virginia
state prohibition of any sewage
discharges, whether treated or not, from
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vessels in the Broad Creek, Jackson
Creek and Fishing Bay Watersheds.
Dated: August 6, 2009.
William C. Early,
Acting Regional Administrator.
[FR Doc. E9–20023 Filed 8–19–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8947–1]
Gulf of Mexico Program Citizens
Advisory Committee
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Request for Nominations to the
Citizens Advisory Committee.
SUMMARY: The U.S. Environmental
Protection Agency, Gulf of Mexico
Program Office (Gulf Program) invites
nominations from a diverse range of
qualified candidates to be considered
for appointment to the Citizens
Advisory Committee (Committee). It is
anticipated that vacancies will be filled
by the end of the 2009 calendar year.
Additional sources may be utilized in
the solicitation of nominees.
Background: The Citizens Advisory
Committee is a standing Advisory
Subcommittee established by the
Environmental Protection Agency (EPA)
as a part of the EPA Gulf of Mexico
Program under the Federal Advisory
Committee Act (FACA) charter for the
Policy Review Board (PRB). The
function of the Citizens Advisory
Committee is to provide guidance,
advice, and support for the Gulf of
Mexico Program. The Committee is
composed of 25 members drawn from
the areas of environment, business and
industry, agriculture, fishing and
tourism. Members of the Committee are
from the Gulf Coast States of Alabama,
Florida, Louisiana, Mississippi, and
Texas. The Committee usually meets
three times annually. Members serve on
the Committee in a voluntary capacity.
However, EPA provides reimbursement
for travel expenses associated with
attending official FACA meetings.
The Gulf Program is seeking
nominations from all sectors, including
academia, industry, non-governmental
organizations, and State, local and tribal
governments to represent Alabama in
the areas of agriculture and fisheries;
Florida in the areas of fisheries and
business/industry; Louisiana in the
areas of agriculture and fisheries; and
Mississippi in the areas of agriculture,
fisheries, and tourism. Nominees will be
considered according to the mandates of
E:\FR\FM\20AUN1.SGM
20AUN1
]]>Agencies
[Federal Register Volume 74, Number 160 (Thursday, August 20, 2009)]
[Notices]
[Pages 42070-42073]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20023]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8946-5]
Virginia Commonwealth Prohibition on Discharges of Vessel Sewage;
Final Affirmative Determination
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final determination.
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[[Page 42071]]
SUMMARY: Notice is hereby given that the Regional Administrator, EPA
Region III has affirmatively determined, pursuant to section 312(f) of
Public Law 92-500, as amended by Public Law 95-217 and Public Law 100-4
(the Clean Water Act), that adequate facilities for the safe and
sanitary removal and treatment of sewage from all vessels are
reasonably available for the navigable waters of the Broad Creek,
Jackson Creek and Fishing Bay Watersheds in Middlesex County, VA.
Virginia will completely prohibit the discharge of sewage, whether
treated or not, from any vessel in Broad Creek, Jackson Creek and
Fishing Bay Watersheds.
FOR FURTHER INFORMATION CONTACT: Michael D. Hoffmann, EPA Region III,
Office of State and Watershed Partnerships, 1650 Arch Street,
Philadelphia, PA 19103. Telephone: (215) 814-2716. Fax: (215) 814-2301.
E-mail: hoffmann.michael@epa.gov.
SUPPLEMENTARY INFORMATION: An application was made by the Virginia
Secretary of Natural Resources on behalf of the Commonwealth of
Virginia Department of Environmental Quality (VDEQ) to EPA Region III
to approve a no discharge zone for the Broad Creek, Jackson Creek and
Fishing Bay Watersheds. Upon publication of this final affirmative
determination, VDEQ will completely prohibit the discharge of sewage,
whether treated or not, from any vessel in Broad Creek, Jackson Creek
and Fishing Bay watersheds in accordance with section 312(f)(3) of the
Clean Water Act and 40 CFR 140.4(a). Notice of the Receipt of
Application and Tentative Determination was published in the Federal
Register on Thursday June 4, 2009 (74 FR 26858, June 4, 2009). Comments
on the tentative determination were accepted during the 30-day comment
period which closed on July 6, 2009. No comment letters were received
during the 30-day comment period. The remainder of this Notice
summarizes the location of the no discharge zone, the available pumpout
facilities and related information.
Broad Creek, Jackson Creek and Fishing Bay Watersheds
The Broad Creek, Jackson Creek and Fishing Bay Watersheds are
located in the easternmost part of Middlesex County (i.e., Deltaville),
Virginia. The Broad Creek discharges north to the Rappahannock River
near its confluence to the Chesapeake Bay. Jackson Creek discharges
east into the mouth of the Piankatank River, and Fishing Bay discharges
directly south to the Piankatank River, which discharges to the east to
the Chesapeake Bay. These watersheds, including Porpoise Cove and Moore
Creek, encompass an area of land and water of approximately 3.4 square
miles with nearly 18 miles of shoreline. All these water bodies are
oligohaline and subject to the action of tides. The majority of the
waters outside the bays are shallow with maintained channel depths of
six (6) to ten (10) feet, although some of the areas may not exceed
four (4) feet in depth.
Many people enjoy the Broad Creek, Jackson Creek and Fishing Bay
Watersheds for a variety of activities, including boating, fishing,
crabbing, water skiing, and swimming. The shoreline surrounding these
three watersheds includes 1,583 housing units (824 year round), public
access areas, thirty two (32) marinas, boat launch facilities, and
waterside restaurants. Both recreational and commercial large and small
boats, personal watercraft, canoes, kayaks, water skiers, and swimmers
enjoy these rivers for their recreational benefits. The full time
resident population of 1,716 people (increasing to several thousand
during the summer months) use these adjacent areas for boating,
fishing, and commercial shellfish cultivation and harvesting.
Broad Creek, Jackson Creek and Fishing Bay host threatened,
endangered and rare species of plants and animals, including more than
forty (40) water dependent species. The waters of both the Rappahannock
and Piankatank Rivers and their tributaries are historically known to
accommodate migrating populations of more than ten (10) anadromous fish
species. Marine mammals, sea turtles, and waterfowl are also dependent
on the environmental quality of these three watersheds and surrounding
areas.
The waters of the Broad and Jackson Creeks have been under varying
levels of shellfish condemnation for more than twenty (20) years. The
2006 Virginia Water Quality Assessment listed Broad, Jackson and Moore
Creeks, Fishing Bay and Porpoise Cove as requiring total maximum daily
loads' determinations (TMDLs) for dissolved oxygen, aquatic plants and
bacteriological impairments from fecal coliform and enterococci
bacteria. In 2005, EPA Region III and the Virginia State Water Control
Board (SWCB) approved a TMDL for the shellfish harvest use impairments
on Broad and Jackson Creeks and the lower Piankatank River.
Establishing a No Discharge Zone is one of the Commonwealth's
strategies in improving overall water quality in the lower Chesapeake
Bay, and these identified reaches of the Rappahannock and Piankatank
Rivers. The small tributaries to the Rappahannock and Piankatank Rivers
noted within the areas to be designated are exceptional state resources
in need of greater water quality protection than the current applicable
Federal standards afford due to their high utilization by recreational
vessels, significant shell- and finfish resources, and direct public
contact with the affected waters.
For the purposes of this application
A. The proposed Broad Creek Watershed No Discharge Zone is defined
as all contiguous waters south of the line formed between the points
formed by Latitude 37[deg]33'46.3'' N and Longitude -76[deg]18'45.9'' W
and north to Latitude 37[deg]33'47.4'' N and Longitude -
76[deg]19'24.7'' W.
B. The proposed Jackson Creek Watershed No Discharge Zone is
defined as all contiguous waters west of the line formed between the
points formed by Latitude 37[deg]32'40'' N and Longitude -
76[deg]19'40.6'' W at Stove Point Neck and Latitude 37[deg]32'46.8'' N
and Longitude -76[deg]19'15.6'' W at the western point of the entrance
to the eastern prong of Jackson Creek.
C. The proposed Fishing Bay No Discharge Zone is defined as all
contiguous waters north of the line formed between the points formed by
Latitude 37[deg]32'01.9'' N and Longitude -76[deg]21'43.5'' W at the
southernmost tip of Bland Point and Latitude 37[deg]31'29.4'' N and
Longitude -76[deg]19'53.6'' W at the southernmost tip of Stove Point.
This area includes all of Fishing Bay, and encompasses Moore Creek and
Porpoise Cove.
The Commonwealth of Virginia Department of Health (VDH) ensures
that proper sanitary facilities are present. There are eighteen (18)
marinas in Broad Creek, of which are nine (9) waterfront marinas
operating ten (10) sanitary pumpouts. The remaining nine Broad Creek
marinas have no pumpouts but seven (7) offer sanitary restroom
facilities. In Jackson Creek, five (5) marinas operate six (6) sanitary
sewage pumpouts and dump station facilities. The remaining four (4)
Jackson Creek marinas have no pumpouts but three (3) have sanitary
restroom facilities. Within Fishing Bay, there are two (2) sewage
pumpout stations and one (1) under construction in Porpoise Cove. All
of these facilities also provide dump stations, restrooms, and
informational signage. Costs for pumpouts can vary from no charge to
less than $15.00 Further details:
Broad Creek
Walden Brothers Marina (Deltaville, VA), on the west side of Broad
Creek,
[[Page 42072]]
operates a dump station, a sewage holding tank and restrooms. The
clearly-identified pumpout is accessible to all boaters. The marina has
63 seasonal slips, 6 transient slips and 15 dry storage areas with dump
station, restrooms, fuel, potable water, electricity, solid waste
containers and repair facilities. The facility operates daily 8 a.m. to
5 p.m., 12 months/year.
Bay Marine (Deltaville, VA) is adjacent to Walden Brothers. It
operates a sewage pumpout, a dump station and public restrooms. This
facility operates a Class II package wastewater treatment unit with a
5,000 gallon holding tank. This facility has sixty (60) seasonal slips,
many of which are occupied with houseboats. Dump station, restrooms,
fuel, potable water, electricity, solid waste containers are on site.
Operations are 8 a.m. to 4:30 p.m. daily, 12 months/year.
Norton's Marina (Deltaville, VA) is upstream of Bay Marine. It
operates an accessible, clearly posted holding tank pumpout facility,
with 42 seasonal slips. Restrooms, fuel, potable water, electricity,
solid waste containers and repair facilities are available. Operations
are on request, 7 days/week and 12 months/year.
Timberneck Marina (Deltaville, VA) is adjacent to Norton's Marina.
There are 35 seasonal slips accessible to fuel, potable water,
electricity, solid waste containers and repair facilities. The posted
pumpout station is at the terminus of its dock at Broad Creek.
Operations are 8 a.m. to 4:30 p.m., six (6) days/week all year.
Broad Creek Marina (Deltaville, VA) has 20 seasonal slips with a
posted holding tank pumpout unit, a dump station, restrooms, fuel,
potable water, electricity, solid waste containers. Operations are 8
a.m. to 5 p.m., seven days/week from May through November.
Walter's Marina (Deltaville, VA), adjacent to Broad Creek Marina,
is managed as a bed/breakfast serving 12 (max) vessels. It offers a
dump station, restrooms, potable water, electricity, and solid waste
containers. Operations are on demand.
Chesapeake Cove Marina (Deltaville, VA) is further upstream on
Broad Creek with 37 seasonal slips and a dump station, restrooms, fuel,
potable water, electricity, solid waste containers and repair
facilities. There is a posted holding tank pumpout facility. Operations
are 8 a.m. to 5 p.m., 7 days/week, April though December.
J&M Marine (Deltaville, VA) is on the south shore of Broad Creek
western branch adjacent to Chesapeake Cove and Coastal Marinas. There
are 50 seasonal and 17 dry storage slips, with a boat ramp, restrooms,
potable water, electricity, solid waste containers and repair
facilities. Hours of operation were not listed.
Coastal Marine (Deltaville, VA) is on the south shore of the
western branch of Broad Creek, adjacent to J&M and Deltaville Yachting
Center. It offers 12 seasonal slips and potable water, electricity,
solid waste containers and repair facilities. Hours of operation were
not listed.
Deltaville Yachting Center (Deltaville, VA) is adjacent to Coastal
Marine and upstream of Norview Marina with 80 seasonal slips, 4
transient slips, 190 dry storage spaces, and two (2) sewage holding
tank pumpout stations, in addition to a dump station, restrooms, fuel,
potable water, electricity, solid waste containers and repair
facilities. Operations are 8 a.m. to 4:30 p.m. for 6 days/week, March
through November/year.
Norview Marina (Deltaville, VA) is on the east shore at the mouth
of Broad Creek, and adjacent to the Regatta Point Yacht Club, and
across Broad Creek from Bay Marine and Walden Brothers Marina. It has
110 seasonal slips, 188 dry storage spaces, a boat ramp, a dump
station, restrooms, fuel, potable water, electricity, solid waste
containers and repair facilities. Operations are 8 a.m. to 6 p.m., 7
days/week, 12 months/year.
Regatta Point Marina (Deltaville, VA) is on the eastern shore near
the mouth of Broad Creek. There are 80 seasonal slips and a dump
station, restrooms, fuel, potable water, electricity, solid waste
containers and repair facilities. Operations are May 15 through
September 15 yearly, 7 days/week.
Stingray Point Marina (Deltaville, VA) is on the eastern branch
near the mouth of Broad Creek and adjacent to Regatta Point Yacht Club,
and across from Bay Marine and Walden Brothers Marina. There are 178
seasonal slips with a dump station, restrooms, fuel, potable water,
electricity, solid waste containers and repair facilities. Operations
are 8 a.m.-4:30 p.m., 7 days/week, March through November/year.
In addition, there are at least four (4) additional facilities on
the Broad Creek in the Deltaville, VA area with nominal amenities for
boaters and water recreation craft.
Jackson Creek
Harbour House (Deltaville, VA) is a private marina at the mouth of
Mill Creek meeting Jackson Creek offering 22 seasonal slips, with a
ramp, electricity, solid waste containers, restrooms and sewage holding
tank pumpout facilities. Operations are 24 hours/day, 7 days/week, 12
months/year.
Jackson Creek Harbor Condominium (Deltaville, VA) is a private
marina with 36 seasonal slips and electricity, potable water, and
restroom facilities. No times were listed.
Deltaville Marina (Deltaville, VA) has 79 seasonal slips, 10
transient slips, two sewage holding tank pumpout facilities in addition
to a dump station, restrooms, fuel, potable water, electricity, solid
waste containers and repair facilities. Operations are 8 a.m.-6 p.m.,
for March through December (2 pumpouts available).
Powell's Marina (Deltaville, VA) has 43 seasonal slips with a dump
station, restrooms, fuel, potable water, electricity, solid waste
containers and sewage holding tank pumpout facilities. Operations are 8
a.m.-5 p.m., 7 days/week, 12 months/year.
Fitzgerald Boat Basin (Deltaville, VA) has 22 seasonal slips, with
a dump station, restrooms, potable water, electricity, solid waste
containers and sewage holding tank pumpout facilities. Operations are 7
a.m-7 p.m., 7 days/week, April through November.
Little Snug Harbor (Deltaville, VA) has 27 seasonal slips with
electricity, potable water and restroom facilities. Operation times
were not listed.
Fishing Bay Yacht Club (Deltaville, VA) has 80 seasonal slips, a
boat ramp, a dump station, restrooms, potable water, electricity, solid
waste containers and sewage holding tank facilities. Operations are at
no charge, 24 hours/day, 7 days/week, 12 months/year.
There are at least two other mooring areas with limited amenities
on Jackson Creek accessible to boaters.
Fishing Bay
Ruark's Marina (Deltaville, VA) is adjacent to Fishing Bay Trace
and Fishing Bay Harbor which lie just to the south. The marina operates
a dump station, and is contracted to provide a publicly accessible and
posted pumpout unit at the terminus of their ``A'' dock. On site at
Ruark's are 72 seasonal slips with potable water, electricity, solid
waste containers and restroom facilities. The site is under
construction; no hours are yet listed.
Fishing Bay Trace (Deltaville, VA) is a private facility which has
twelve (12) slips but no dump station, solid waste or pumpout
facilities. No times listed.
Fishing Bay Harbor Marina (Deltaville, VA) is on the western shore
of Fishing Bay and adjacent to Fishing Bay Trace and the Chesapeake
Marine Railway. There are 106 slips with fuel, potable water,
electricity, solid waste containers, a dump station, a sanitary
[[Page 42073]]
pumpout and restroom facilities. Operations are 8 a.m. to 5 p.m., 7
days/week from April through December.
Porpoise Cove
Porpoise Cove Marina (Deltaville, VA) is located at the southern
end of Porpoise Cove on the north shore of the Piankatank River. There
are 21 slips with potable water, electricity, solid waste containers, a
dump station, and restroom facilities. The marina is under contract
with the VDH Marina program to build a new pumpout station in 2009. No
times listed; the facility is under construction.
The Commonwealth of Virginia Sanitary Regulations for Marinas and
Boat Moorings specifies requirements for facility design and operation.
Routine health department inspections and performance tests are
performed to ensure that facilities are available and functioning
properly. The Virginia State Water Control Law Section 62.1-44.33
addresses vessel discharges and authorizes the State Water Control
Board to adopt regulations controlling discharges from boats, which are
listed and defined in 9 VAC 25-71-70, which also addresses, defines and
designates No Discharge Zones (9VAC 25-71-60).
Broken pumpout stations can be reported to the Virginia Department
of Health by calling 1-800-ASK-FISH. These regulations also address
treatment of collected vessel sewage from pumpouts and dump stations.
In compliance with these regulations, all wastes from marinas within
the Broad and Jackson Creeks and Fishing Bay are collected in and
transported by haulers who deliver them to municipal waste treatment
facilities or private facilities permitted under the Commonwealth of
Virginia Pollutant Discharge Elimination System for final treatment and
disposal.
According to the Commonwealth of Virginia's application there are
approximately 631 vessels operating in the Deltaville, VA area (551
registered and 80 documented) on any given day based on boater
registrations and observations. Transient boat population was not
included in the VDH or VDEQ field reconnaissance. Based on this
information, it is assumed that most transient boats are brought in by
trailer. Most of these boats would not be of a size expected to have a
holding tank. Transient boat counts have been estimated based on boat
information given by the operators of the marinas in the Broad and
Jackson Creeks and Fishing Bay areas.
The estimated vessel population in all of the affected areas is
based on length: 297 vessels less than 16 feet in length, 537 vessels
between 16 feet and 26 feet in length, 1,239 vessels between 27 feet
and 40 feet in length, and 42 vessels greater than 40 feet in length.
Based on the number and size of vessels and EPA guidance for State and
local officials to estimate the number of vessels with holding tanks,
three (3) pumpouts and one dump station are needed for Broad Creek.
Currently, there are eleven (11) pumpout facilities and nine (9) dump
stations in Broad Creek. In Jackson Creek, four (4) pumpouts and one
(1) dump station are required while six (6) pumpouts and three (3) dump
stations exist. For Fishing Bay and the adjacent waters of Porpoise
Cove and Moore Creek, two (2) pumpouts and one (1) dump station were
required, while there are now two (2) pumpouts and two (2) dump
stations currently available.
Using the VDH submitted calculations and information, there are
sufficient numbers of pumpout facilities and dump stations at the
marinas in the waters in and around the affected areas to adequately
service marine sanitary needs. These facilities are easily accessible
to all vessels and provide safe and sanitary wastewater removal and
treatment.
EPA hereby makes a final affirmative determination that adequate
facilities for the safe and sanitary removal and treatment of sewage
from all vessels are reasonably available for the Broad and Jackson
Creeks, the Fishing Bay and Porpoise Cove and Moore Creek areas, in and
around Deltaville Virginia. The Commonwealth of Virginia has
demonstrated that there is adequate and sufficient law enforcement
capability of these regulations. The Commonwealth has also submitted
data to document that local citizens, advocacy groups, and marina
personnel are concerned about the adverse impacts from vessel sanitary
discharges into the Broad and Jackson Creeks and Fishing Bay, and
adjacent areas. In response to public meetings in May and June 2008,
professional and public comments were all supportive of the decision to
designate the affected areas as a no discharge zone. There were
sufficient agency and environmental groups' comments to also support
these measures.
Finding
The EPA hereby makes a final affirmative determination that
adequate facilities for the safe and sanitary removal and treatment of
sewage from all vessels are reasonably available for the Broad Creek,
Jackson Creek and Fishing Bay Watersheds. This final determination will
result in a Virginia state prohibition of any sewage discharges,
whether treated or not, from vessels in the Broad Creek, Jackson Creek
and Fishing Bay Watersheds.
Dated: August 6, 2009.
William C. Early,
Acting Regional Administrator.
[FR Doc. E9-20023 Filed 8-19-09; 8:45 am]
BILLING CODE 6560-50-P
