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EIGHTEENMILE CREEK'S REMEDIAL ACTION PLAN

I. BACKGROUND

The Eighteenmile Creek Area of Concern (AOC) is located in the Town of Newfane, Niagara County, in western New York State. The creek flows from the south and discharges through Olcott Harbor into Lake Ontario, approximately 18 miles east of the mouth of the Niagara River. The AOC includes Olcott Harbor at the mouth of the creek and extends upstream to the farthest point at which backwater conditions exist during Lake Ontario’s highest monthly average lake level. This point is located just downstream of the Burt Dam, approximately 2 miles south of Olcott Harbor. The Eighteenmile Creek watershed downstream of the Burt Dam is primarily composed of cropland, orchards and residential areas. Upstream of the Burt Dam, the watershed is composed mainly of cropland and orchards, with residential and commercial areas like the historically industrialized City of Lockport.

As of January 1, 2005, the Niagara County Soil & Water Conservation District has taken over as coordinator of Eighteenmile Creek’s Remedial Action Plan (RAP). The District also assists the Eighteenmile Creek Remedial Advisory Committee (RAC) by facilitating their quarterly meetings and providing staff support towards the implementation of the creek’s RAP. For more information about the RAC and the RAP, please visit www.eighteenmilerap.com, or see Community Involvement below.

Priorities for the Eighteenmile Creek continue to include track-down of possible sources of Polychlorinated Biphenyls (PCBs) and other contaminants, identification and assessment of contaminated sediments present throughout the creek, and the assessment of Beneficial Use Impairments which remain classified as “unknown” and “likely.” The Eighteenmile Creek corridor and Olcott Harbor provide important riparian and aquatic habitat for cold and warm water fish as well as threatened species like the Blanding’s Turtle, which has been identified in the AOC. The AOC is mainly characterized by activities like sport fishing and attracts approximately 15,000 anglers yearly, especially during fall salmon runs. For these reasons, additional priorities for Eighteenmile Creek include habitat creation and restoration as well as improved fishing and recreation access.

Why was this area listed as an AOC?

In 1985 Eighteenmile Creek was designated as an AOC because of water quality and bottom sediment problems associated with past industrial and municipal discharge practices, the disposal of waste and the use of pesticides. Over the years, numerous contaminants have been identified in creek sediments which have a detrimental effect to the AOC and Lake Ontario. These contaminants include but are not limited to; Polychlorinated Biphenyls (PCBs); Mercury; Dioxins and Furans; Dieldrin; Mirex; DDT; Lead; and Copper. Sediments contaminated with these substances have contributed to the restrictions of fish and wildlife consumption, degradation of benthitic organisms, and restrictions on dredging activities in the AOC. It is also suspected that these contaminated sediments contribute to a degradation of fish and wildlife populations, the presence of fish tumors, and the prevalence of bird and animal deformities or reproductive problems.

II. BENEFICIAL USE IMPAIRMENTS

Through the Remedial Action Planning (RAP) process the Eighteenmile Creek Remedial Advisory Committee (RAC) and the New York State Department of Environmental Conservation (NYSDEC) identified several of the 14 priority beneficial uses set forth by the International Joint Commission as being impaired. Confirmed beneficial use impairments in the AOC include Restrictions on Fish and Wildlife Consumption, Degradation of Benthos, and Restrictions on Dredging Activities. Bird or Animal Deformities or Reproductive Problems is classified as “likely” at this time. Additional beneficial use impairments currently classified as “unknown” include Degradation of Fish and Wildlife Populations and the Presence of Fish Tumors or Other Deformities. Prior to 2002, the status of Phytoplankton and Zooplankton Populations in the AOC was “unknown.” A June 2002 study of the plankton community conducted by SUNY Brockport Center for Applied Aquatic Science and Aquaculture confirmed that the plankton use impairment indicator was not impaired.

Restrictions on Fish and Wildlife Consumption

A fish consumption advisory has been imposed in the Eighteenmile Creek AOC due to PCB contamination. Fish that migrate from Lake Ontario are present in the AOC as well. An advisory exists for Lake Ontario as well due to PCB, Mirex and Dioxin contamination Advisories are as follows:

Eighteenmile Creek

§                    Restrictions indicate that there is to be no human consumption of any fish species and/or American eel of any size.

§                    Women of child bearing age and children under the age of 15 should not consume snapping turtles because of      possible PCB contamination.

Lake Ontario

§                    Restrictions indicate that there is to be no human consumption of American eel, channel catfish, carp, lake trout over 25”, brown trout over 20”, and Chinook salmon.

§                    Restrictions indicate that no more than one meal per month should be consumed consisting of white sucker, rainbow trout, smaller lake trout, smaller brown trout and coho salmon over 25”.

Degradation of Benthos:

Past studies have evaluated the toxicity of sediments as well as the species makeup of benthic organisms in the AOC. In general, the results indicate that sediments in the AOC are less contaminated than those upstream of it. They also show that in most parts of the AOC the surface sediments are more contaminated. Microtox measurements taken in the AOC suggest possible sediment toxicity. The assessment of the number and species diversity of the benthic organisms in the AOC indicates a slight to moderate impairment.

Restrictions on Dredging Activities:

Maintenance dredging for recreational boating in the AOC has been determined to be impaired. Interim guidance values for sediment contamination for both the EPA and DEC are exceeded. Pollutants consist of chromium, copper, lead, manganese, nickel, zinc, cyanides, mercury and benzo(a)anthracene. Dredged materials from the mid-point of the harbor area are unsuitable for open lake disposal.

Bird or Animal Deformities or Reproductive Problems:

The likely status of this use impairment is caused by the presence of PCBs, DDT and some other contaminants exceeding wildlife criteria. Concentration in adult fish flesh and the concern for bioaccumulation will require further study of this use impairment.

Fish Tumors or Other Deformities:

The Niagara County Soil & Water Conservation District has recently completed a plan to assess the prevalence of fish tumors in AOC fish populations and is currently seeking grant monies needed to fund a fish pathology study required to determine the status of this use impairment.

Degradation of Fish and Wildlife Populations:

Historical information indicates portions of the creek were polluted and fish populations were degraded. The Niagara County Soil & Water Conservation District has recently completed a plan to assess the status of fish and wildlife populations in the AOC and is currently seeking grant monies to fund a population survey required to determine the status of this use impairment.

III. RAP DEVELOPMENT AND STATUS

Significant RAP Milestones

§                     2005: Eighteenmile Creek RAP Status Update in progress

§                     2001: Eighteenmile Creek RAP Status Update completed by NYSDEC

§                     1997: Eighteenmile Creek Remedial Action Plan (RAP) completed

§                     1993: Eighteenmile Creek Remedial Advisory Committee established

IV. RAP IMPLEMENTATION

Recent Progress and Achievements

§                     2005: The New York State Department of Environmental Conservation Division of Environmental Remediation and the Niagara County Department of Health initiated a comprehensive trackdown sampling project for various contaminants in the area of the Flintkote Plant Site. This site is linked to unknown contaminant sources that are emitting various concentrations of PCBs, Mercury and Lead into Eighteenmile Creek. The results of this trackdown study will aid in the identification and hopefully remediation of these sites.

§                      2005: As of May 2005, the Guterl Steel Landfill Site, is now included in the Formerly Utilized Sites Remedial Action Program (FUSRAP). FUSRAP is a federal program designed to cleanup sites that became contaminated with low levels of residual radioactivity during the nation’s early atomic energy program over 50 years ago. In 1999, the U.S. Army Corps of Engineers completed a Preliminary Assessment (PA) of the site, which included a review of radiological data that was part of a survey prepared for the United States. Though the Corps has determined that there is no immediate health risk posed by AEC or Manhattan Engineer District (MED)- related contaminants at the site, the agency has determined that radiological contamination in excess of current federal and state standards exist at the site. This means that there is a high probability that remedial action would be needed before any future development of the property.  The Corps’ Preliminary Assessment of the Guterl Site also indicated that there may be significant quantities of other contaminants unrelated to past federal government MED & AEC activities at the site. Under FUSRAP, the Corps only has authority to clean up contamination related to past MED & AEC activities. Other contaminants that may exist/remain at the site after the FUSRAP clean up would be the responsibility of other state or federal environmental programs that exist for that purpose, such as Superfund.

§                     2005: During 2001, Delphi Harrison Radiator installed additional monitoring wells to further define the nature and extent of the groundwater contamination plume associated with its TCE site.  The Remedial Investigation and focused Feasibility Study Reports have since been completed by Delphi and reviewed by the DEC.  The DEC issued a Record of Decision (ROD) for the site in March 2005 which called for a remedy consisting of Monitored Natural Attenuation (MNA) for groundwater contamination.  The ROD includes a Site Management Plan (SMP) to protect current and future site users.  Delphi is presently conducting an evaluation as to whether potential indoor air impacts must be considered in the SMP.  An intensive groundwater monitoring program will be developed for the site as well.

§                     2005: The Eighteenmile Creek Remedial Advisory Committee (RAC) is re-vitalized and again meeting on a quarterly basis.

§                     2005: Niagara County Soil & Water Conservation District takes over as lead agency for development and oversight of Eighteenmile Creek Remedial Action Plan (RAP).

§                     2004: The Eighteenmile Creek Restoration Project is awarded a 2004 New York State Governor’s Waterfront Re-Discovery Award.

§                     2004: For its success and diversity of project partners, the Eighteenmile Creek Streambank Stabilization & Habitat Restoration Project is awarded the 2004 U.S.D.A. Team Excellence Award.

§                     2004: Phase I of the Eighteenmile Creek Streambank Stabilization & Habitat Restoration Project is completed. To address the problems associated with the creek, Niagara County Department of Economic Development and numerous project partners implemented a pilot project for habitat restoration over a one-mile reach of the AOC below the Burt Dam. This project was designed to be the first critical step in creating sustainable fisheries in, and improving access to, Eighteenmile Creek. The long-term goals of the project included the restoration of the physical, biological and chemical integrity of the entire creek ecosystem, and the eventual delisting of Eighteenmile Creek as an AOC. Immediate goals of the team were to: improve the habitat for coldwater fish species immediately below the Burt Dam; to improve bank stability and provide for non-point source pollution and sedimentation control through the application of innovative stabilization and bioengineering techniques; to improve public access and safety by widening the eroding trail and stream bank; and to improve adjacent riparian and aquatic habitat by establishing bank side vegetation, a canopy of native tree species, and various aquatic habitat features.

§                     2003: Following the completion of a Remedial Investigation/Feasibility Study at the AKZO Chemical Site, a Corrective Measures Study Report was completed and submitted to the NYSDEC for public review. The NYSDEC anticipates closure certification and corrective action approval by July 2005.

§                     2003: The City of Lockport developed a Combined Sewer Overflow Assessment for their sewer system, which included measurements of the volume, duration and impact of CSOs on Eighteenmile Creek.

§                     2002: Three projects within the City of Lockport sewer system were developed and funded by the New York State Clean Water/Clean Air Bond Act for the reduction of combined sewer overflows. The Vine-North Sewer project installed new sanitary sewers in the northeastern portion of the city resulting in the separation of Stormwater from the combined sewer system. The Ohio-Simonds Sewer Project constructed new storm sewers in the west central portion of the city resulting in separation of Stormwater from the combined sewer system. The Wastewater Treatment Plant Improvement Project constructed a new clarifier at the treatment plant to increase the capability to treat wet weather flows from the combined sewer system.

§                     2001: Under a grant funded by U.S. EPA GLNPO, SUNY Brockport Department of Biological Sciences conducted an investigative study of the plankton community in the Eighteenmile Creek Area of Concern. The results of the plankton study establish that the plankton use impairment indicator is not impaired. A presentation by the author Dr. Joseph Makarewicz, was provided to the Remedial Advisory Committee (RAC) in 2002.

§                     2001: Following the completion of Phase II studies, the Norton Labs and Diamond Shamrock sites were de-listed from the list of Inactive Hazardous Waste Sites in the Eighteenmile Creek Watershed due to the absence of hazardous waste.

Current Projects & Outlook

§                     2005: Initial planning and design of Phase II of the Eighteenmile Creek Streambank Stabilization and Habitat Restoration Project is underway. The Niagara County Soil & Water Conservation District has partially secured the funds necessary to complete the project and anticipates construction to begin in the summer of 2006. Phase II consists of the construction of a low flow deflector/fishing access wall to re-define and narrow the channel to its former configuration, re-establishment of 30,000 square feet of wetland habitat, and the creation of additional aquatic habitat through the placement of numerous hydraulic coverstones in the creek. This project is a joint effort of the Niagara County Soil & Water Conservation District, Niagara County Public Works, U.S. Army Corps of Engineers, NYS Department of Environmental Conservation, Town of Newfane,  the Finger Lakes-Lake Ontario Watershed Protection Alliance, and the Eighteenmile Creek Remedial Advisory Committee.

§                      2005: The Niagara County Soil & Water Conservation District has secured funds from the U.S. Environmental Protection Agencies Great Lakes National Program Office to conduct PCB source track-down related sampling downstream of the Clinton Street Dam, in the City of Lockport, NY. Track-down sampling will consist of sediment core extraction in potential hot spots to characterize upstream and down stream differences in concentration and hopefully pinpoint sources of contaminants currently unknown. This work is scheduled to commence in October of 2005.

§                     2005: With the assistance of the U.S. Army Corps of Engineers and Ecology & Environment Inc., the Niagara County Soil & Water Conservation District has taken the second step in initiating the development of a Comprehensive Watershed Management Plan for the Eighteenmile Creek watershed. As part of the Restoration Project, a management plan concept document was completed by Ecology & Environment Inc. for Eighteenmile Creek. Utilizing assistance from the U.S. Army Corps of Engineers- Buffalo District, plan partners have taken the initial steps in establishing an administrative group to oversee the management plans development.

§                     2005: With assistance from SUNY Brockport Department of Biological Sciences, the Niagara County Soil & Water Conservation District is finishing up a 2 year investigation of the baseline and storm event sediment and nutrient loading in Eighteenmile Creek. Monitoring of water quality in the creek was performed via a fixed monitoring station and grab samples. Sampling parameters included total phosphorus, total suspended solids, sodium, nitrate, nitrite and total kjeldahl nitrogen. A report is scheduled to be completed by SUNY Brockport in October 2005.

§                     2005: The Niagara County Soil & Water Conservation District is in the process of completing an Agricultural Environmental Management (AEM) Program Tier I/ II inventory of farms in the Eighteenmile Creek Watershed. The AEM inventory establishes a foundation for identifying the Best Management Practices (BMP) needed to address farm needs. It also establishes a framework for providing farmers with financial, technical and other assistance they need to reduce non-point source pollution and protect water quality.

§                     2005: The Eighteenmile Creek Remedial Advisory Committee (RAC) is in the process of adopting written Guidelines, Ground Rules, and Participant Responsibilities as well as de-listing criteria for the identified impaired beneficial uses of the creek.

VI. COMMUNITY/ LOCAL RAP GROUP INVOLVEMENT

The Eighteenmile Creek Remedial Advisory Committee (RAC) (www.eighteenmilerap.com/r_a_c_.htm) is a group of local officials, landowners, and stakeholders selected by the commissioner of the NYSDEC to provide a balanced representation of various segments of the community along the creek. Initially, the RAC worked cooperatively with the NYSDEC to organize, develop and review the RAP and create public awareness and support for Eighteenmile Creek. Additionally, it is the responsibility of the RAC to:

§                     Advise RAP management in identifying and updating priorities for RAP implementation activities;

§                     Advise RAP management in the preparation and approval of RAP documents;

§                     Assist RAP management in building a stakeholder base for implementation of RAP recommendations;

§                     Review and comment on current environmental initiatives and issues affecting the RAP;

§                     Assist in developing and seeking funding for a list of activities requiring funding; and

§                     Advise RAP management on social and economic impacts of RAP implementation.

The RAC has been instrumental in the development of the RAP and the implementation of public outreach activities. These activities have maintained the continued involvement and interest of the organizations represented on the RAC and built general interest and support for the RAP in the community.