[Federal Register: February 21, 2007 (Volume 72, Number 34)]
[Notices]
[Page 7875-7876]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21fe07-30]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8279-1]
Virginia State Prohibition on Discharges of Vessel Sewage; Final
Affirmative Determination
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Final Determination.
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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 Lynnhaven River,
Virginia Beach, Virginia. Virginia will completely prohibit the
discharge of sewage, whether treated or not, from any vessel in the
Lynnhaven River.
FOR FURTHER INFORMATION CONTACT: Edward Ambrogio, EPA Region III,
Office of State and Watershed Partnerships, 1650 Arch Street,
Philadelphia, PA 19103. Telephone: (215) 814-2758. Fax: (215) 814-2301.
E-mail: ambrogio.edward@epa.gov.
SUPPLEMENTARY INFORMATION: An application was made by the Virginia
Secretary of Natural Resources on behalf of the Virginia Department of
Environmental Quality (VDEQ) to EPA Region III to approve a no
discharge zone for the Lynnhaven River. Upon publication of this final
affirmative determination, VDEQ will completely prohibit the discharge
of sewage, whether treated or not, from any vessel in the Lynnhaven
River 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 November 21,
2006 (71 FR 67352, Nov. 21, 2006). Comments on the tentative
determination were accepted during the 30-day comment period which
closed on December 21, 2006. Comment letters from the Chesapeake Bay
Foundation and Lynnhaven River 2007 were received endorsing the
proposed affirmative determination. The remainder of this Notice
summarizes the location of the no discharge zone, the available pumpout
facilities and related information.
Lynnhaven River
The Lynnhaven River is located in the northern part of the city of
Virginia Beach, Virginia. It is connected to the Chesapeake Bay through
the Lynnhaven Inlet, just east of the Chesapeake Bay Bridge-Tunnel. The
Lynnhaven River, including the Eastern Branch, the Western Branch, and
Broad Bay/Linkhorn Bay encompasses an area of land and water of
approximately 64 square miles with nearly 150 miles of shoreline. The
upstream portions of the Lynnhaven River system flow either north to
the Chesapeake Bay or south to North Carolina depending on wind and
tidal patterns. The Lynnhaven River is oligohaline and subject to the
action of tides. The majority of the waters outside the bays are
shallow with maintained channel depths of six to 10 feet.
Many people enjoy the Lynnhaven River watershed for a variety of
activities, including boating, fishing, crabbing, water skiing, and
swimming. The shoreline surrounding the Lynnhaven River includes 4,478
private waterfront homes, public access areas, marinas, boat launch
facilities, waterside restaurants, and a state park. Large and small
boats, personal watercraft, canoes, kayaks, water skiers, and swimmers
enjoy the river for its recreational benefits. There are several
waterfront access areas within First Landing State Park for swimming
during summer months. The Lynnhaven River was also once a prime oyster
harvesting area known throughout the world for the famous Lynnhaven
oyster. Oyster habitat restoration projects are presently being
implemented in the Lynnhaven River. Lynnhaven River 2007, an advocacy
group, in partnership with the city of Virginia Beach, the Chesapeake
Bay Foundation, and the U.S. Army Corps of Engineers initiated an
oyster-growing program in the summer of 2004 to assist in repopulating
the river with this valuable living resource.
Portions of the Lynnhaven River were listed for bacteriological
impairments from fecal coliform and enterococci bacteria in Virginia's
1998 section 303(d) list requiring the development of a total maximum
daily load (TMDL). Consequently in 2004, EPA Region III and the
Virginia State Water Control Board approved a TMDL for the shellfish
harvest use impairments on Lynnhaven, Broad, and Linkhorn Bays prepared
by the VDEQ. The establishment of a no discharge zone for the Lynnhaven
River is one component of the TMDL Implementation Plan.
For the purpose of this Notice, the Lynnhaven River no discharge
zone is defined as all contiguous waters south of the Lesner Bridge at
Lynnhaven Inlet (Latitude 36[deg]54'27.90'' N and Longitude
76[deg]05'30.90''W) and north of the watershed break point defined as
the intersection of West Neck Creek at Dam Neck Road (Latitude
36[deg]47'17.60'' N and Longitude 76[deg]04'14.62'' W).
Information submitted by the Commonwealth of Virginia states that
there are six waterfront marinas operating sanitary pumpouts in the
Lynnhaven River. Each of these facilities also provides dump stations,
restrooms, and informational signage. Details of these facilities'
location, availability and hours of operation are as follows: Long Bay
Pointe marina is located on the north side of Long Creek, west of the
West Great Neck Road Bridge over the creek (2101 West Great Neck Rd.,
Virginia Beach). The marina currently operates a Chesapeake Bay Marine
pumpout system on the fuel dock accessible to all boaters. There is a
sign on the pump station. The marina also has a dump station adjacent
to the dock for portable toilets. The marina's sewage disposal hours of
operation are 10 am-6 pm, 7 days a week, 12 months per year. Lynnhaven
Dry Storage marina is located on the north side of Long Creek between
the West Great Neck Road and North Great Neck Road bridges over the
creek (2150 West Great Neck Rd., Virginia Beach). The marina currently
operates a SaniSailor pumpout system on the fuel dock accessible to all
boaters. A sign for the pumpout is posted on the side of the building
adjacent to the dock. The marina has a dump station adjacent to the
dock for
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portable toilets. The marina's sewage disposal hours of operation are 8
am-5 pm, 7 days a week, 12 months per year. Lynnhaven Municipal marina
is located along the north side of Long Creek between the West Great
Neck Road Bridge and the Lesner Bridge (3211 Lynnhaven Drive, Virginia
Beach). The marina currently operates a Chesapeake Bay Marine pumpout
system at the building face with a hose that reaches the dock
accessible to all boaters. There is a sign for the pumpout posted on
the dock and on the building face. The marina also has a dump station
at the building face adjacent to the dock for portable toilets. The
marina's sewage disposal hours of operation are 8 am-4 pm, 7 days a
week, 12 months per year. Lynnhaven Seafood marina is located along the
north side of Long Creek between the West Great Neck Road Bridge and
the Lesner Bridge (3311 Shore Drive, Virginia Beach). The marina
currently operates a SaniSailor pumpout system on the fuel dock
accessible to all boaters. There is a sign on the pump station. The
marina also has a dump station adjacent to the dock for portable
toilets. The marina's sewage disposal hours of operation are 6:30 am-11
pm, 7 days a week, 12 months per year. Marina Shores marina is located
on the north side of Long Creek just east of the North Great Neck Road
Bridge over the creek (2100 Marina Shores Drive, Virginia Beach). The
marina currently operates an Edson pumpout system on the fuel dock
accessible to all boaters. There is a sign posted on the pump station.
The marina also has a dump station adjacent to the dock for portable
toilets. The marina's sewage disposal hours of operation are 7 am-8 pm
weekends, 8 am-7 pm weekdays, May through September, and, 8 am-5 pm
October through June. Cavalier Golf & Yacht Club marina is located at
the north end of the Bird Neck Point Neighborhood at Bird Neck Point
where Little Neck Creek meets Linkhorn Bay (1052 Cardinal Road,
Virginia Beach). The marina currently operates a KECO diaphragm pumpout
system on the dock accessible to club members only. They also have a
dump station adjacent to the dock for portable toilets. The club
currently serves approximately one hundred-fifty (150) vessels at this
facility. The marina's sewage disposal hours of operation are 8 am-6
pm, 7 days a week, 12 months per year.
There are no draught limitations for vessels at pumpout facilities
and dump stations in the Lynnhaven River. All vessels using the
facilities have sufficient water to dock at the marinas. There are two
bridges within the Lynnhaven River as well as the Lesner Bridge located
at Lynnhaven Inlet. Pumpout facility locations as well as the bridge
heights (35 feet) do not restrict accessibility to marinas or pumpout
facilities. The facilities are generally concentrated near Lynnhaven
Inlet because the watershed becomes dominated by private residences as
one travels further away from the inlet. However, transient boats enter
the watershed at the inlet and most local boats travel to the inlet
facilities for fuel, so the grouping of facility locations does not
appear to be an inconvenience.
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. Broken pumpout stations can be reported to the Virginia
Department of Health (VDH) 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 Lynnhaven River are collected in and transported
through the City of Virginia Beach's sanitary sewer collection system
to the Hampton Roads Sanitation District for ultimate treatment and
disposal.
According to Virginia's application there are approximately 11,253
vessels operating in the Lynnhaven River on any given day based on
Virginia Beach boater registrations, and estimates of the transient
boat population, minus the estimated number of registered boats
operating in other Virginia Beach watersheds. The VDH marina inspection
slip counts indicate only four out of 535 wet slips at commercial
marinas with pumpouts in the Lynnhaven River are designated as
transient vessel slips. 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 three public boat ramps in the Lynnhaven River.
The vessel population based on length is 2,883 vessels less than 16
feet in length, 7,272 vessels between 16 feet and 26 feet in length,
899 vessels between 27 feet and 40 feet in length, and 199 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, two pumpouts and four dump stations are
needed for the Lynnhaven River. As described above, there are currently
six pumpout facilities and six dump stations in the Lynnhaven River.
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 Lynnhaven
River, Virginia Beach, Virginia. This final determination will result
in a Virginia state prohibition of any sewage discharges, whether
treated or not, from vessels into the Lynnhaven River.
Dated: February 12, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E7-2877 Filed 2-20-07; 8:45 am]
BILLING CODE 6560-50-P