This document, upon approval by the U.S. Environmental Protection Agency (EPA), establishes a Total Maximum Daily Load (TMDL) for fecal bacteria in the non-tidal portion of the Dividing Creek watershed (basin number 02-13-02-04). Section 303(d)(1)(C) of the federal Clean Water Act (CWA) and the U.S. Environmental Protection Agencys (EPA) implementing regulations direct each state to identify and list waters, known as water quality limited segments (WQLSs), in which current required controls of a specified substance are inadequate to achieve water quality standards. For each WQLS, states are required to either establish a Total Maximum Daily Load (TMDL) of the specified substance that the waterbody can receive without violating water quality standards or demonstrate that water quality standards are being met. The Maryland Department of the Environment (MDE) has identified the non-tidal portion of Dividing Creek and its tributaries in the State of Marylands 303(d) List as impaired by fecal bacteria (listed in 1996) and by impacts to biological communities (listed in 2004 and 2006). The waterbodies of the Dividing Creek watershed have been designated as Use I - Water Contact Recreation, and Protection of Non-tidal Warmwater Aquatic Life (see Code of Maryland Regulations (COMAR) 26.08.02.07F(5)). This document proposes to establish a TMDL for fecal bacteria in the non-tidal Dividing Creek watershed that will allow for attainment of the beneficial use designation of primary water contact recreation. The listing for impacts to biological communities will be addressed separately at a future date. MDE monitored the nontidal portion of the Dividing Creek watershed from 2003-2004 for fecal bacteria. A data solicitation for fecal bacteria was conducted by MDE in 2003, and all readily available data from the past five years were considered.