February 12, 2002

The Commission’s review and comments on the Stage 1 and 2 Eighteenmile Creek RAP reflect an assessment of the document submitted in relation to the seven Stage 1 and 2 requirements outlined in the introduction , consideration of the implementation of an ecosystem approach to the restoration and protection of beneficial uses, and an assessment of adequacy of public consultation.

Is the environmental problem detailed and defined?

The Stage 1/2 RAP confirmed the restrictions on fish and wildlife consumption, degradation of benthos, and restrictions on dredging activities use impairments. Bird or animal deformities or reproductive problems was judged as a likely impairment and the status of degradation of fish and wildlife populations, fish tumors and other deformities, and degradation of phytoplankton and zooplankton populations were classified as unknown. Based on the available information, the Commission concurs in the designation of the impaired uses and looks forward to confirmation of the status in regard to the use impairments now considered likely or unknown.

Are the causes of the use impairment defined?

New York State Department of Environmental Conservation (DEC) has provided an impressive array of water quality monitoring and sediment sampling data that document contaminant levels resulting in beneficial use impairments. These data particularly the detailed sediment sampling help confirm specific hot-spots and sources of contamination.

Have in-place remedial measures been evaluated? Chapter 6 of the RAP document outlines in a general manner remedial programs that could be used to address certain environmental problems in the AOC. The absence of any formal program to address contaminated sediment is also noted. The provided documentation does not include evaluation of in-place remedial measures. Chapter 5 does include a figure which details the remediation status of hazardous waste sites in the Eighteenmile Creek Drainage Basin.

Have alternative additional measures to restore beneficial uses been evaluated?

Generalized discussion of some potential remedial measures is provided in Chapter 6 of the document. However, the document does not provide any specific evaluation of these measures.

Have additional remedial measures to restore beneficial uses been selected?

A remedial strategy rather than specific remedial measures is outlined in Chapter 7 of the document. Because of the limited detail provided, it is difficult to discern what actions are or will be necessary to restore beneficial uses in the AOC. As remediation needs are confirmed, a Stage 2 update can be used to detail specific remedial plans.

Has a schedule for implementation been adopted and have persons and agencies responsible for implementation of remedial measures been identified?

A schedule and responsible persons and agencies are outlined for monitoring and investigation/feasibility studies. No schedule for implementation of remedial measures is presented. As remedial activities are confirmed, details can be provided to the Commission in a Stage 2 update.

Has an ecosystem approach been taken to the restoration and protection of beneficial uses?

The RAP clearly recognizes the need to adopt an ecosystem approach to the restoration and protection of beneficial uses. Groundwater flow, atmospheric deposition, contaminated sediment, and urban storm-water runoff are considered as potential sources of contamination.

Was the public consulted adequately?

Chapter 10 of the RAP describes the public participation process of the Eighteenmile Creek RAP. To promote public involvement, the DEC established a Remedial Advisory Committee (RAC). This 15 member committee worked in cooperation with the DEC to increase public awareness and to comprehensively review the draft RAP. The RAC conducted tours of the creek and the watershed as well as assisting in holding public meetings. Based on the documentation provided in the RAP, the level of public consultation appears to have been adequate.

Conclusion

The water quality monitoring and sediment sampling data provided in the RAP provide a solid foundation toward a suitable definition of the environmental problem in the AOC. As data gaps related to possible beneficial use impairments are filled and required remedial measures are further identified and selected, a update containing this information should be completed and submitted to the Commission.