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Delaware's Nonpoint Source Program
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Vision: The Department of Natural Resources and Environmental Control envisions a Delaware that offers a healthy environment where people include a commitment to the protection, enhancement and enjoyment of the environment in their daily lives; where Delawareans’ stewardship of natural resources ensures the sustainability of these resources for the appreciation and enjoyment of future generations; and where people recognize that a healthy environment and a strong economy support one another.
Mission: The mission of the Department of Natural Resources and Environmental Control is to ensure the wise management, conservation, and enhancement of the state’s natural resources, protect public health and the environment, provide quality outdoor recreation, improve the quality of life, and educate the public on historic, cultural, and natural resource use, requirements, and issues.
Goals: On November 29, 1999, Delaware’s Nonpoint Source Management Plan, Revision #4, was approved by the US Environmental Protection Agency in Region3. This Management Plan established important long-term goals to improve water quality and short-term actions to achieve those goals. Long-term goals included the following:
- The Nonpoint Source (NPS) Program will support the
identification and quantification of those problems that are caused specifically by nonpoint source pollution through assessment updates. - The NPS Program will be implemented and updated to realistically reduce nonpoint source pollution in a cost-effective manner.
- The NPS Program will address nonpoint source pollution through a program that balances education, research, technical assistance, financial incentives, and regulation.
- The NPS Program will follow a non-degradation policy in areas where surface and ground waters meet state water quality standards and a policy to realistically improve water quality in areas that do not meet these standards.
- The NPS Program will continue to use the coordinated approach for implementation and maintain an open-ended framework to incorporate new initiatives and support interactive approaches based on the effectiveness of existing policies and implementation mechanisms.
- The NPS Program will support the development and implementation of Watershed Restoration Action Strategies (WRAS) / Pollution Control Strategies (PCS) for watersheds of identified impaired or threatened waters in accordance with the Unified Watershed Assessment List.
As result of water quality protection programs that are in place in Delaware, water quality in Delaware has remained fairly stable in spite of increasing development and population growth. Impacts to waters are generally the result of past practices or contamination events, activities that are not regulated nor otherwise managed, or changes that are occurring on a larger regional scale. For example, air pollutants from sources outside of Delaware’s surface waters via rainfall.
Although Delaware’s surface water quality may not have changed significantly over the last several years, there have been many improvements made in watershed assessment approaches and methodologies. Additionally, many water quality criteria are stricter as a result of amendments to the State’s Water Quality Standards. Therefore, they have become more proficient at identifying water quality problems and, at the same time, are calling for higher quality waters.
- Agriculture
- Aquaculture
- Silviculture
- Construction & Urban Runoff
- Land Disposal
- Hydromodification
- Other Sources
Agriculture
Delaware’s Agriculture Category was first approved by the EPA in 1989. Since that time, the state has applied the general principles of education, research, assessment, and technical/financial assistance to preventing and reducing nonpoint source impacts from agricultural activities. In the past, Delaware’s program for implementing agricultural best management practices (BMPs) has been primarily voluntary. Technical and financial incentives have been provided to overcome any economic disadvantages created in this process. According to the Delaware Agricultural Statistics Service, Delaware has 2700 farms totaling 580,000 acres which accounts for 46 percent of Delaware’s land area. The USDA, Natural Resources Conservation Service estimates that 170,000 acres (< 30%) are currently operating under a voluntary conservation plan. On average, an individual conservation planner in Delaware can complete comprehensive resource management plans on 6,000 acres per year. With eight Nonpoint Source 319 supported planners, Delaware estimates that within 10 years we will be able to complete plans on 480,000 acres including new and updated plans.
Delaware continues to provide funding for research and new technology. Program funds have
- advanced commercial scale composting as a means to achieving nutrient reduction,
- been used to develop new technology such as the "smart spreader",
- provided for additional research to better define the phosphorus and nitrogen concerns in the state, and
- assessed the role tax ditches play in generating and delivering nutrients to surface waters.
Delaware has initiated GIS tracking of agricultural Best Management Practices for Kent and Sussex Counties and is using PSNT (pre-sidedress N test) as an indicator of real time reduction of nitrogen use throughout the state.
Many of the "new" issues facing agriculture were outlined in Delaware’s 1995 NPS Management Plan and Assessment Report. Delaware’s experience continues to indicate a need to:
- implement conservation plans farm by farm;
- support demonstration of alternative uses and distribution of manures;
- support demonstration of new technologies;
- expand their efforts to education and participate in local and interstate initiatives; and
- support assessment activities to better define the science and refine assessment methods for linking BMP effectiveness to water quality improvement.
Aquaculture
Interest in "Aquaculture", defined as the cultivation, production or marketing of any fish, aquatic invertebrate or aquatic plant that is spawned, produced or marketed as a cultivated crop in state waters, is on the increase in Delaware.
Over 800 - 1,000 citizens have contacted state government and educational institutions since early 1989 requesting information on the potential of aquacultural production. This overwhelming response to aquaculture is partly attributable to reports of increased commercial development nationwide and governmental involvement during the last several years. Many people view aquacultural production as a means of supplementing their income or diversifying their farm operation. Since 1995, interest in aquaculture has subsided to the point of being nonexistent in Delaware. The Nonpoint Source Program chose to leave this category in the Management Plan in the event that aquaculture resurfaces as a viable industry in the State of Delaware.
The Delaware Aquaculture Act was passed by the 135th General Assembly in June 1990 and was signed by Governor Castle the following month. This Law designated aquaculture as an agricultural activity and named the Department of Agriculture as the lead agency for promoting and coordinating aquaculture in Delaware. The legislation also authorized creation of the Aquaculture Advisory Council.
Natural areas that have potential in supporting aquaculture activity in Delaware can be subdivided into the subtidal zone (subaqueous bottom) and water column in coastal and nearshore areas, tidal waters, and upland locations that often include fresh and occasionally brackish waters. Examples include the Delaware Bay, tidal creeks, Inland Bays, or coastal lagoons (Rehoboth Bay, Indian River Bay and Little Assawoman Bay), and a variety of ponds, drainage ditches, and other marginal water-retaining areas on farms throughout the state.
The Department of Natural Resources and Environmental Control (DNREC) has primary responsibility for the allocation and management of these public resources. The Development Advisory Service (DAS), comprising representatives from the DNREC, Division of Public Health, Division of Historic and Cultural Affairs, Department of Agriculture, Delaware Development Office, and other agencies, was established to provide information on federal, local, and state environmental permit requirements. Depending on the aquaculture project proposed, the DAS will advise applicants of all permit requirements, standards, and procedures and will refer them to the appropriate federal, state, and local agencies. The nature and extent of the environmental impacts of aquaculture depend largely on the location (water source and receiving body) and type of farms, as well as the production technologies utilized. Virtually every type of production system for fish and shellfish requires some containment device such as a pond, tank, raceway, tray, cage, or net. Production systems generally are classified as open, flow-through, or closed, based on the degree of water interchange between the system and the environment; and extensive or intensive based on the density or concentration at which fish or other species are grown and the extent to which environmental factors are externally controlled or managed. In an extensive system, such as crawfish stocked in a pond or drainage ditch, management is minimal and animals are maintained at low densities. Much or all of the food may come from natural sources with only supplemental feeding by the culturist. Intensive systems represent the other extreme, where animals are concentrated at very high densities and the culturist must supply all the organism’s food requirements through nutritionally complete feeds. Because of high stocking densities in these systems, water quality becomes critical and must be maintained either by large volumes of water flow (such as in open or flow-through systems) or by purifying and reusing the water (closed or recirculating system).
It is often difficult to determine the impact of aquaculture on the environment, as the observed consequences are in many cases the cumulative effect of several factors that disturb its natural state. Available data seem to indicate that the pollutive effects of aquaculture are comparatively small and highly localized. The effects of discharge of aquaculture effluents in receiving waters are mainly the increase of suspended solids and nutrients and the fall in dissolved oxygen content. Reduced concentrations of dissolved oxygen may contribute to increased concentrations of ammonia, nitrate, and phosphate in the water column. Algal blooms, especially of toxic species produced by high levels of nutrients, can cause environmental hazards including fish kills. These blooms also diminish the aesthetically pleasing attributes associated with living near fresh water
Silviculture
Forest land accounts for approximately thirty percent, 360,000 acres, of Delaware's land area (USDA Forest Service, 1987), and these forests are distributed among numerous land ownership groups. Approximately 30,000 acres are publicly-owned, another 30,000 acres are managed by forest-based industries, while the remaining 300,000 acres are owned by private citizens and organizations (USDA Forest Service, 1996). Statewide, there are approximately 50,500 acres of privately-owned forest land certified as tree farms under the American Tree Farm System. These 227 tree farmers are recognized for their achievement and maintenance of excellence in forest management. The Delaware Department of Agriculture (DDA) Forest Service manages approximately 8,800 acres of the state's publicly-owned forest lands for various multiple use objectives, including wood production.
As evidenced above, the largest portion of Delaware’s forest landowners are private individuals and farmers. The long-term investments required for forest management activities range from approximately 40 to 90 years. For this reason and others, land use pressures are great on Delaware’s forests. Therefore, maintaining various types of incentives are needed to off-set these pressures and sustain the forest resource base.
With over 350,000 acres of forest lands, forestry remains an important factor to Delaware's environment and economy. Healthy forests provide a variety of benefits to all Delawareans. forests not only produce the many wood products which we use every day, but healthy forests also provide wildlife habitat, recreational opportunities, cleaner air, and cleaner water. To sustain healthy forests, professional forestry assistance is required. The DDA Forest Service, in cooperation with other professional foresters and natural resource professionals, works to help private landowners better manage their forests. For example, in addition to the publicly-owned lands, approximately 60,000 acres of forest land have received professional forestry assistance, including the 50,000 acres of tree farms. This assistance typically includes developing a forest management plan to help owners better achieve their goals for their forested property, as well as reforestation, timber stand improvement, and timber harvesting assistance.
Even though Delaware is quite small, silvicultural techniques vary across the State. In the Coastal Plain region of southern Delaware, many of the forests are managed for loblolly pine, while in the upper Coastal Plain and Piedmont areas of northern Delaware, the typical timber species are yellow-poplar and oak. Typical silvicultural techniques in southern Delaware include clearcutting, herbicide applications, and mechanical site preparation, while selection harvesting and timber stand improvement activities are more common in the hardwood forests of northern Delaware.
Construction & Urban Runoff
There has been a statewide Sediment and Stormwater Program in place within the DNREC since 1991, administered locally throughout the State. At any given point in time, the number of active construction sites in substantial compliance with an approved Sediment and Stormwater Plan varies widely. With close to a thousand active construction sites currently underway, DNREC actively monitors the compliance to State regulations on a regular basis. However, they do not currently keep daily statistical data on the percentage of construction sites that are in compliance. Weekly field audits are performed with the local agencies in addition to a formal program evaluation every three years. Currently, Delaware estimates that 70-80% of construction sites are fully implementing Best Management Practices/Best Available Technology for runoff control, although they estimate that almost 100% of these active construction sites have an approved plan. The program objective is to increase implementation compliance to 100%.
Delaware continues to maintain a comprehensive and innovative strategy to minimize impacts from urban runoff to receiving waters. Every land disturbing activity over 5,000 square feet must submit a plan for stormwater management. Delaware’s stormwater BMPs include wet ponds, dry extended detention ponds, constructed wetlands, sand filtration systems, biofiltration and filtration practices. The percentage of land development projects utilizing a stormwater management practice could be in the 90% range. The State Sediment and Stormwater Program is in the midst of developing evaluation tools that will meet the needs of their State and Federal regulatory requirements. The Program is currently developing unique assessment tools for determining construction site compliance for erosion and sediment control.
Land Disposal
This NPS Category addresses the land disposal of wastes that degrade the State's surface and ground waters. The subcategories specifically addressed under land disposal (PDF) (3 pp, 77K, About PDF) 
category include the following:
- #61 and #62 Land Application of Sludge and Wastewater (PDF) (2 pp, 58K, About PDF)
- #63 Landfills (PDF) (4 pp, 130K, About PDF)
- #65 On-Site Wastewater Systems (PDF) (5 pp, 84K, About PDF)
- #66 Hazardous Wastes (PDF) (3 pp, 64K, About PDF)
Specific information pertaining to each of the subcategories referenced above can be found in the individual sections in the NPS Management Plan. Each sub-category section contains a synopsis of the pollution problems and what is currently being done to address these concerns. Also, each sub-category contains a table that outlines the objectives/ milestones that management agencies will implement to reduce these sources of nonpoint source pollution. Please note: Subcategory #65 On-Site Wastewater Systems also contains a section which addresses the Coastal Nonpoint Pollution Control Pro-gram (6217), as it is the only subcategory under this category that is impacted by the 6217 EPA Guidance Document.
Hydromodification
One form of hydromodification is channelization or channel modification. These terms (used interchangeably) describe river and stream channel engineering undertaken for the purpose of flood control, navigation, drainage improvement, and reduction of channel migration potential. Activities such as straightening, widening, deepening, or relocating existing stream channels and clearing or snagging operations fall into this category. These forms of hydromodifications typically result in more uniform channel cross sections, steeper stream gradients, and reduced average pool depths. The term flow alteration describes a category of hydromodification activities that result in either an increase or a decrease in the usual supply of fresh water to a stream, river, or estuary. Flow alterations include diversions, withdrawals, and impoundments. In rivers and streams, flow alteration can also result from undersized culverts, transportation embankments, tide gates, sluice gates, and weirs. Channel modification activities have deprived wetlands and estuarine shorelines of enriching sediments, changed the ability of natural systems to both absorb hydraulic energy and filter pollutants from surface waters, and caused interruptions in the different life stages of aquatic organisms (Sherwood et. al, 1990). Channel modification activities can also alter instream water temperature and sediment characteristics, as well as the rates and paths of sediment erosion, transport, and deposition. A frequent result of channelization and channel modification activities is a diminished suitability of instream and riparian habitat for fish and wildlife. Hardening of banks along waterways has eliminated instream and riparian habitat, decreased the quantity of organic matter entering aquatic systems, and increased the movement of nonpoint source pollutants from the upper reaches of watersheds into coastal waters. Channel modification projects undertaken in streams or rivers to straighten, enlarge, or relocate the channel usually require regularly scheduled maintenance activities to preserve and maintain completed projects. These maintenance activities may also result in a continual disturbance of instream and riparian habitat. In some cases, there can be substantial displacement of instream habitat due to the magnitude of the changes in surface water quality, morphology and composition of the channel, stream hydraulics, and hydrology. Excavation projects can result in reduced flushing, lowered dissolved oxygen levels, saltwater intrusion, loss of streamside vegetation, accelerated discharge of pollutants, and changed physical and chemical characteristics of bottom sediments in surface waters surrounding channelization or channel modification projects. Reduced flushing, in particular, can increase the deposition of finer grained sediments and associated organic materials or other pollutants. The resulting changes to the distribution, amount, and timing of flows caused by flow alterations can affect a wide variety of living resources. Where tidal flow restrictors cause impoundments, there may be a loss of streamside vegetation, disruption of riparian habitat, changes in the historic plant and animal communities, and decline in sediment quality. Restricted flows can impede the movement of fish or crustaceans. Flow alteration can reduce the level of tidal flushing and the exchange rate for surface waters within coastal embayments, with resulting impacts on the quality of surface waters and on the rates and paths of sediment transport and deposition. For the purposes of this plan, the Hydrologic/Habitat Modification Category has been broken down into the following subcategory sources:
- #71 Channelization and #74 Flow Regulation/Modification
- #72 Dredging, and
- #77 Streambank Modification/Destabilization
Specific information pertaining to each of the subcategories referenced above can be found in the individual sections in the NPS Management Plan.
Other Sources
This Nonpoint Source category addresses the "other" sources of pollutants that impact the State’s surface and ground waters. These subcategories include the following:
- #81 Atmospheric Deposition;
- #82 Waste Storage/Storage Tanks;
- #83 Highway Maintenance and Runoff;
- #84 Spills;
- #85 In-Place Contaminants;
- #86 Natural; and
- A Subcategory on Marinas (this has no assigned EPA Subcategory #).
Since the adoption of Delaware’s Nonpoint Source Management Program in 1988, many new initiatives have been implemented and program expansion has occurred. Specific information pertaining to each of the subcategories referenced above is contained in the NPS Management Plan. Each subcategory section contains a synopsis of the pollutant problems and what is currently being done to address these concerns. Also, each subcategory contains a table that outlines the milestones or objectives that management agencies will implement to reduce these sources of nonpoint source pollution. Please note: the Subcategories on Highway Maintenance and Marinas also contain a section which addresses the Coastal Nonpoint Pollution Control Program (6217), as these two are the only subcategories under this category that are impacted by the 6217 EPA Guidance Document.
