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KANSAS SURFACE WATER REGISTER

April 18, 2007

prepared by

Kansas Department of Health and Environment Division of Environment Bureau of Environmental Field Services Curtis State Office Building Topeka, Kansas 66612

ENCLOSURE

EPA REGION 7’S ACTION ON THE KANSAS August 2, 2006 Kansas Surface Water Register SUBMISSION

Under Section 303(c) of the Clean Water Act (CWA), the Administrator of the United States Environmental Protection Agency (EPA) is charged with reviewing and approving or disapproving state-adopted water quality standards. In order to determine if new or revised state water quality standards are consistent with federal regulations and the CWA, EPA must review the water quality standards and determine:

1. Whether the state has designated beneficial uses for waterbodies that are consistent with the

goals of CWA § 101(a)(2) and, if not, whether the state has conducted a use attainability analysis to justify a different designation;

2. Whether water quality criteria were adopted to protect the designated uses and are based on

sound scientific rationale;

3. Whether the state has adopted water quality standards according to its legal procedures, and;

4. Whether the state submission includes the minimum elements for water quality submissions

specified in 40 C.F.R. §§ 131.6 and 131.20.

Today’s decision regarding changes to the August 2, 2006 Kansas Surface Water Register (Register) is summarized below. Specifically, EPA is approving the designation of primary contact recreation (PCR) or secondary contact recreation (SCR) for waters for which KDHE performed Use Attainability Analyses (UAAs) to support such a designation. The majority of EPA’s action centers on those revisions to the Register regarding contact recreation designations that changed water body assignments from PCR to SCR, SCR to PCR, or removal of a water body from classified status in the Register.

Many of the waters for which KDHE has submitted new or revised use designations are subject to EPA’s July 7, 2003 promulgation action. See, 68 Federal Register, 40428. In that action, EPA promulgated federal regulations establishing primary or secondary contact recreation use designations for 1,286 waters and an expected aquatic life use designation for one water. KDHE has now adopted new and revised use designations for 604 classified stream segments located throughout Kansas and 89 classified surface waters other than classified stream segments located throughout Kansas. EPA’s July 2003 promulgation affected 258 classified stream segments and 53 classified surface waters other than classified streams in this submittal. Where KDHE has adopted use designations consistent with the CWA and regulations at 40 C.F.R. § 131.10, Region 7 will recommend that the Agency initiate the rulemaking necessary to withdraw the federal use regulations. Promulgated waters that are subject to today’s action are specifically identified within this enclosure.

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Until the federal use designations for waters in Kansas are withdrawn, the federal uses for those waters, as codified at 40 C.F.R. § 131.34, will remain applicable water quality standards for CWA purposes. However, in the July 2003 federal promulgation, EPA also adopted a provision that allows the Regional Administrator to grant a variance from the promulgated federal contact recreation use designation under certain circumstances. See, 40 C.F.R. § 131.34(c). EPA’s action today is approving some contact recreation use designations that are different from those promulgated in the EPA’s July 7, 2003 rulemaking. In the interim period between today’s approval of the new or revised Kansas contact recreation use designations and the withdrawal of the federal use designations, application may be made to the Regional Administrator for a variance from the federally promulgated contact recreation use designation to the approved Kansas contact recreation use, pursuant to the terms and conditions of 40 C.F.R. §

131.34(c).

There are classified streams in today’s decision that impact other states because Kansas streams flow into a neighboring state. In these cases, KDHE proposed a new or revised contact recreation use designation that is less stringent than some of the receiving state’s designation. Per the requirement of C.F.R. 131.10(b), EPA is obligated to consider a state’s downstream use designation. This regulation states: in designating uses of a water body and the appropriate criteria for those uses, the State shall take into consideration the water quality standards of downstream waters and shall ensure that its water quality standards provide for the attainment and maintenance of the water quality standards of downstream waters.

EPA provided the new or revised contact recreation use designation for interstate streams to the four border states and EPA Regions 6 and 8. Only the Oklahoma Water Resources Board (OWRB) raised concerns on some streams because Kansas’ designation does not meet the more stringent criteria for the streams’ designation in Oklahoma. However, discussions between OWRB and EPA have resulted in an agreement that KDHE’s less stringent contact recreation designation was sufficient as long as any NDPES permits consider the more stringent criteria of OWRB’s bacterial standards. Currently, Oklahoma’s bacteria standards for waters designated primary contact reads:

c) Compliance with 785:45-5-16 shall be based upon meeting the requirements of one of the three (3) options specified below for bacteria. Upon selection of one (1) group or test method, said method shall be used exclusively over that thirty (30) day period. Provided, where concurrent data exist for multiple bacterial indicators on the same waterbody or waterbody segment, no criteria exceedances shall be allowed for any indicator group.

(1) Coliform Bacteria: The bacteria of the fecal coliform group shall not exceed a monthly geometric mean of 200/100 ml, as determined by multiple-tube fermentation or membrane filter procedures based on a minimum of not less than five (5) samples collected over a period of not more than thirty (30) days. Further, in no more than 10% of the total samples during any thirty (30) day period shall the bacteria of the fecal coliform group exceed 400/100 ml.

(2) Escherichia coli (E. coli): E. coli shall not exceed a monthly geometric mean of 126/100 ml based upon a minimum of not less than five (5) samples collected over a

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period of not more than thirty (30) days. No sample shall exceed a 75% one-sided confidence level of 235/100 ml in lakes and high use waterbodies and the 90% one-sided confidence level of 406/100 ml in all other Primary Body Contact Recreation beneficial use areas. These values are based upon all collected samples. Analysis procedures shall follow EPA-600/4-85/076, "Test Methods for Escherichia coli and Enterococci in Water by the Membrane Filter Procedure."

(3) Enterococci: Enterococci shall not exceed a monthly geometric mean of 33/100 ml based upon a minimum of not less than five (5) samples collected over a period of not more than thirty (30) days. No sample shall exceed a 75% one-sided confidence level of 61/100 ml in lakes and high use waterbodies and the 90% one-sided confidence level of 108/100 ml in all other Primary Body Contact Recreation beneficial use areas. These values are based upon all collected samples. Analysis procedures shall follow EPA-600/4-85/076, "Test Methods for Escherichia coli and Enterococci in Water by the Membrane Filter Procedure."

EPA will ensure that KDHE considers Oklahoma’s bacterial standards when

implementing NPDES permits for facilities that discharge into streams that flow in Oklahoma.

A list of these streams is compiled in Table 1, attached hereto.

We would also like to call attention to a situation with classified stream segments that are characterized by KDHE as being “urban.” KDHE’s document Guidance Document for Use Attainability Analyses, December 1, 2001, states that urban streams are to be classified for primary contact recreation. This document was developed by KDHE after extensive public hearings throughout the state. KDHE’s UAA Guidance documents states:

1). In order to protect public health, the primary contact recreation use shall be assigned as an attainable use to all waters along: (check applicable conditions) public parks public parkways

urban streams

and other waters with a high probability of public access: (check applicable conditions)

boat ramps

nature trails

camping areas

playgrounds

KDHE is proposing new or revised designations of secondary contact recreation, class a,

or classified status removal from the KS Surface Water Register for twelve (12) urban streams in

this submission. These “urban streams” are often characterized by the proximity to public uses

as outlined in the UAA Guidance document. KDHE recognizes that its protocol calls for these

streams to be designated with the higher PCR designation. However, KDHE believes that a Kansas statute prohibits the PCR designation because the statute relies on depth for designation purposes. EPA recommends that KDHE modify the Guidance Document for Use Attainability Analyses, December 1, 2001, to correct any mis impression by the public that use designations

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are based on proximity to typical urban settings and in order to reflect the state’s actual designation practices pursuant to K.S.A. 82a-2001.

The new or revised contact recreation designation of secondary contact class a for eleven (11) of these urban streams could allow the bacteria indictor species, E. coli, to be present at concentrations that are 9x greater than allowed under KDHE’s most protective criteria for primary contact recreation. If KDHE desires to protect citizens who live near or along these urban streams at a higher level than afforded by the secondary contact recreation designation, the KDHE could adopt more stringent criteria for these waterbodies.

SECTION I – PROVISIONS EPA IS APPROVING

A. Approval of Classified Stream Segments with Use Designations of Primary Contact

Recreation – Subject to EPA’s Promulgation for Primary Contact Recreation

Based on the results of UAAs performed in 2004, the State adopted primary contact recreation use designations in the August 2, 2006 Register for the classified stream segments identified in Table 2. EPA has noted the previous contact recreation designation in the previous Register, dated November 5, 2004. EPA notes that under Section 101(a) of the CWA and its implementing regulations in 40 C.F.R. §§ 131.2 and 131.10(g), that UAAs are not required to support the new primary contact recreation use designations. EPA has, however, reviewed the State’s UAAs upon which the new or revised primary contact recreation use designations are based and hereby approves them.

These classified stream segments were included in the EPA’s July 2003 promulgation and were assigned use designations for primary contact recreation. Based on the approval of the State’s use designations, Region 7 will recommend that the Agency initiate the rulemaking procedures necessary to withdraw the federal use designations. The complete list of classified streams approved by EPA for primary contact recreation, that were subject to EPA’s July 2003 promulgation are identified in Table 2 (attached below).

B. Approval of Classified Stream Segments with Use Designations of Primary Contact

Recreation – Not Subject to EPA’s Promulgation

Based on the results of UAAs performed in 2004, the State adopted primary contact recreation use designations into the August 2, 2006 Register for the classified stream segments identified in Table 3. In Table 3, EPA has noted the previous contact recreation designation in the previous Register, dated November 5, 2004. EPA notes that under Section 101(a) of the CWA and its implementing regulations in 40 C.F.R. §§ 131.2 and 131.10(g), that UAAs are not required to support the new primary contact recreation use designations. EPA has, however, reviewed the State’s UAAs upon which the new or revised primary contact recreation use designations are based and hereby approves them.

These classified stream segments were not included in the EPA’s July 2003 promulgation. The complete list of classified streams approved by EPA for primary contact

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recreation, that were not subject to EPA’s July 2003 promulgation are identified in Table 3, (attached below).

C. Approval of Classified Stream Segments with Use Designations of Primary Contact

Recreation – Subject to EPA’s Promulgation for Secondary Contact Recreation

Based on the results of UAAs performed in 2004, the State adopted primary contact recreation use designations into the August 2, 2006 Register for the classified stream segments identified in Table 4. In Table 4, EPA has noted the previous contact recreation designation in the previous Register, dated November 5, 2004. EPA notes that under Section 101(a) of the CWA and its implementing regulations in 40 C.F.R. §§ 131.2 and 131.10(g), that UAAs are not required to support the new primary contact recreation use designations. EPA has, however, reviewed the State’s UAAs upon which the new or revised primary contact recreation use designations are based and hereby approves them.

These classified stream segments were included in the EPA’s July 2003 promulgation and were assigned use designations for secondary contact recreation. Based on the approval of the State’s use designations, Region 7 will recommend that the Agency initiate the rulemaking procedures necessary to withdraw the federal use designations. The complete list of classified streams approved by EPA for primary contact recreation, that were subject to EPA’s July 2003 promulgation are identified in Table 4 (attached below).

D. Approval of Classified Stream Segments with Use Designations of Secondary Contact

Recreation – Subject to EPA’s Promulgation for Primary Contact Recreation

Based on the results of UAAs performed in 2004, the State adopted secondary contact recreation use designations into the August 2, 2006 Register for the classified stream segments identified in Table 5. In Table 5, EPA has noted the previous contact recreation designation in the previous Register, dated November 5, 2004. EPA notes that under Section 101(a) of the CWA and its implementing regulations in 40 C.F.R. §§ 131.2 and 131.10(g), UAAs are required to support contact recreation use designations that are less protective than a primary contact recreation use designation. EPA has reviewed the State’s UAAs upon which the new or revised secondary contact recreation use designations are based and hereby approves them.

These classified stream segments were included in the EPA’s July 2003 promulgation and were assigned use designations for primary contact recreation. Based on the approval of the State’s use designations, Region 7 will recommend that the Agency initiate the rulemaking procedures necessary to withdraw the federal use designations. The complete list of classified streams approved by EPA for secondary contact recreation, that were subject to EPA’s July 2003 promulgation are identified in Table 5 (attached below).

E. Approval of Classified Stream Segments with Use Designations of Secondary Contact

Recreation – Not Subject to EPA’s Promulgation

Based on the results of UAAs performed in 2004, the State adopted secondary contact recreation use designations into the August 2, 2006 Register for the classified stream segments

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identified in Table 6. In Table 6, EPA has noted the previous contact recreation designation in the previous Register, dated November 5, 2004. EPA notes that under Section 101(a) of the CWA and its implementing regulations in 40 C.F.R. §§ 131.2 and 131.10(g), UAAs are required to support contact recreation use designations that are less protective than a primary contact recreation use designation. EPA has reviewed the State’s UAAs upon which the new or revised secondary contact recreation use designations are based and hereby approves them.

These classified stream segments were not included in the EPA’s July 2003 promulgation. The complete list of classified streams approved by EPA for secondary contact recreation, that were not subject to EPA’s July 2003 promulgation are identified in Table 6, (attached below).

F. Approval of Classified Stream Segments with Use Designations of Secondary Contact

Recreation – Subject to EPA’s Promulgation for Secondary Contact Recreation

Based on the results of UAAs performed in 2004, the State adopted secondary contact recreation use designations into the August 2, 2006 Register for the classified stream segments identified in Table 7. In Table 7, EPA has noted the previous contact recreation designation in the previous Register, dated November 5, 2004. EPA notes that under Section 101(a) of the CWA and its implementing regulations in 40 C.F.R. §§ 131.2 and 131.10(g), UAAs are required to support contact recreation use designations that are less protective than a primary contact recreation use designation. EPA has reviewed the State’s UAAs upon which the new or revised secondary contact recreation use designations are based and hereby approves them.

These classified stream segments were included in the EPA’s July 2003 promulgation and were assigned use designations for secondary contact recreation. Based on the approval of the State’s use designations, Region 7 will recommend that the Agency initiate the rulemaking procedures necessary to withdraw the federal use designations. The complete list of classified streams approved by EPA for secondary contact recreation, that were subject to EPA’s July 2003 promulgation are identified in Table 7 (attached below).

H. Classified Stream Segments Which EPA is Approving Removal from the Kansas Surface Water Register – Not Subject to EPA’s Promulgation

EPA is approving the deletion of the classified stream segments from the Register identified in Table 8. This determination is based on UAAs performed by KDHE in 2004 and submitted to EPA for review and approval in this decision. Under Section 101(a) of the CWA, and its implementing regulations, UAAs are necessary to support any recreational use designation less protective than a primary contact recreation use designation. EPA has reviewed the State’s UAAs upon which the removal of these waters from the Register are based, which demonstrate that there is insufficient water present to support contact recreational use.

These classified stream segments were not included in the EPA’s July 2003 promulgation. The complete list of classified streams approved by EPA for removal from classification in the Kansas Surface Water Register, that were not subject to EPA’s July 2003 promulgation are identified in Table 8, attached hereto.

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J. Approval of Classified Surface Waters other than Classified Stream Segments with Use

Designations of Primary Contact Recreation – Subject to EPA’s Promulgation for Primary

Contact Recreation

Based on the results of UAAs performed in 2004, the State adopted primary contact recreation use designations into the August 2, 2006 Register for the waters identified in Table 9. In Table 9, EPA has noted the previous contact recreation designation in the previous Register, dated November 5, 2004. EPA notes that under Section 101(a) of the CWA and its implementing regulations in 40 C.F.R. §§ 131.2 and 131.10(g), that UAAs are not required to support the new primary contact recreation use designations. EPA has, however, reviewed the State’s UAAs upon which the new or revised primary contact recreation use designations are based and hereby approves them.

These classified surface waters other than classified stream segments were included in the EPA’s July 2003 promulgation and were assigned use designations for primary contact recreation. Based on the approval of the State’s use designations, Region 7 will recommend that the Agency initiate the rulemaking procedures necessary to withdraw the federal use designations. The complete list of classified streams approved by EPA for primary contact recreation, that were subject to EPA’s July 2003 promulgation are identified in Table 9 (attached below).

O. Approval of New Classified Surface Water other than Classified Stream Segment to the Kansas Surface Water Register – Approval of Primary Contact Recreation

The State added a new classified surface water other than classified stream segment to the Register. EPA is approving this new classification and its assigned primary contact recreation, class B, because it is consistent with the CWA goal uses identified in Section 101(a) and EPA’s implementing regulation in 40 C.F.R. §§ 131.2 and 131.10(g).

This new water was not included in EPA’s July 2003 promulgation. The complete list of classified surface waters other than classified stream segments approved by EPA for a new addition to the August 2, 2006 Register is identified in Table 10, attached hereto.

P. Approval of Non-101(a)(2) use designations to Classified Surface Waters Other Than

Classified Stream Segments

KDHE included new or revised use designations to 87 classified surface waters other than classified stream segments. Kansas water quality standards define additional use designations beyond the CWA required “fishable/swimable” use (K.A.R. 28-16-28d(b)). These additional uses include:

1). domestic water supply use, 2). food procurement use, 3). groundwater recharge, 4). industrial water supply use, 5). irrigation use, and

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6). livestock watering use.

These new or revised uses are considered to be non-101(a)(2) uses (i.e., not “fishable/swimable”). Based on the UAAs for these additional designations, EPA has reviewed them and hereby approves them. For thoroughness, EPA has noted these new or revised non- 101(a)(2) uses in Table 11, attached hereto.

SECTION II – NON SUBSTANTIVE REVISIONS

A. Non Substantive Revisions to Classified Stream Segments in the Kansas Surface Water

Register

EPA notes the appropriateness of KDHE’s revisions to the 2006 Register for changes in latitude/longitude, changes in HUC, and re-segmentation to classified stream segments in the State. These changes do not require EPA review and approval. Therefore, no action is taken. For thoroughness, EPA has noted these changes in Table 12, attached hereto.

B. Non Substantive Revisions to Classified Surface Waters other than Classified Stream

Segments in the Kansas Surface Water Register

EPA notes the appropriateness of KDHE’s revisions to the 2006 Register for changes in the names of classified waters other than classified stream segments. These changes do not require EPA review and approval. Therefore, no action is taken. For thoroughness, EPA has noted these changes in Table 13, attached hereto.

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Table 1

Names of Kansas streams that flow into the State of Oklahoma. These interstate streams have been approved by EPA as secondary contact recreation, class b streams.

# Basin

Stream Name

HUC 8

Segment

County

1 Neosho

Turkey Creek

11070205

29

Labette

2 Neosho

Tar Creek

11070206

19

Cherokee

3 Verdigris

Snow Creek

11070103

25

Labette

4 Verdigris

Onion Creek

11070103

39

Montgomery

5 Cimarron

Cimarron River

11040008

11

Clark

6 Neosho

Fourmile Creek

11070206

18

Cherokee

7 Neosho

Little Shawnee Creek

11070207

22

Cherokee

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Table 2

Approved Classified Stream Segments with Use Designations of Primary Contact Recreation – Subject to EPA’s Promulgation for Primary Contact Recreation. EPA Region 7 will recommend that the Agency initiate the rulemaking procedures necessary to withdraw the federal use designations.

#

Basin

Stream Name

HUC 8

Segment

County

Primary Contact Recreation Class

2004 KS Register Contact Recreation Designation

1

MO

Middle Fork Wolf River

10240005

67

Brown

C

no designation

2

MO

North Fork Wolf River

10240005

66

Brown

C

no designation

3

MO

Deer Creek

10240011

32

Atchison

C

no designation

4

MO

Jordan Creek

10240011

30

Doniphan

C

no designation

5

MO

Owl Creek

10240011

33

Atchison

C

no designation

6

MO

Rock Creek

10240011

21

Doniphan

C

no designation

7

MO

Salt Creek

10240011

34

Leavenworth

C

no designation

8

MO

Walnut Creek

10240011

23

Atchison

C

no designation

9

MO

White Clay Creek

10240011

31

Atchison

B

no designation

10

MC

Little Bull Creek

10290102

51

Johnson

C

no designation

11

MO

Brush Creek

10300101

54

Johnson

B

no designation

12

MO

Coffee Creek

10300101

57

Johnson

B

no designation

13

MO

Dyke Branch

10300101

55

Johnson

B

no designation

14

MO

Indian Creek

10300101

32

Johnson

B

no designation

15

MO

Negro Creek

10300101

58

Johnson

B

no designation

16

MO

Tomahawk Creek

10300101

53

Johnson

B

no designation

17

LA

Gypsum Creek

11030013

5

Sedgwick

B

PCR, class C

18

VE

Bachelor Creek

11070101

21

Greenwood

C

no designation

19

VE

Moon Branch

11070101

43

Greenwood, Lyon

C

no designation

20

VE

North Branch Verdigris River

11070101

13

Greenwood

C

no designation

         

Chase,

   

21

VE

North Branch Verdigris River

11070101

15

Greenwood, Lyon

C

no designation

22

VE

Slate Creek

11070101

25

Greenwood

C

no designation

   

Verdigris River,

         

23

VE

Bernard Branch

11070101

16

Greenwood

C

no designation

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Table 2 continued

Approved Classified Stream Segments with Use Designations of Primary Contact Recreation – Subject to EPA’s Promulgation for Primary Contact Recreation. EPA Region 7 will recommend that the Agency initiate the rulemaking procedures necessary to withdraw the federal use designations.

#

Basin

Stream Name

HUC 8

Segment

County

Primary Contact Recreation Class

2004 KS Register Contact Recreation Designation

25

VE

Walnut Creek

11070101

19

Greenwood

B

no designation

26

VE

West Creek

11070101

17

Greenwood

C

no designation

27

VE

Battle Creek

11070102

18

Greenwood, Butler

C

no designation

28

VE

Coon Creek

11070102

25

Greenwood

C

no designation

29

VE

Ivanpah Creek

11070102

19

Greenwood, Butler

C

no designation

30

VE

Salt Creek

11070102

14

Greenwood, Elk

C

no designation

31

VE

Spring Creek

11070102

12

Greenwood

C

no designation

32

VE

Swing Creek

11070102

989

Greenwood

C

no designation

33

VE

Watson Branch

11070102

23

Greenwood

C

no designation

         

Neosho,

   

34

VE

Drum Creek

11070103

34

Labette, Montgomery

C

no designation

35

VE

Pumpkin Creek

11070103

28

Labette, Montgomery

C

no designation

36

VE

Sycamore Creek

11070103

52

Montgomery

B

no designation

37

NE

Allen Creek

11070201

5

Lyon

C

no designation

38

NE

Badger Creek

11070201

45

Lyon

C

no designation

39

NE

Bluff Creek

11070201

8

Morris, Lyon

C

no designation

40

NE

East Branch Rock Creek

11070201

34

Wabaunsee

C

no designation

41

NE

East Creek

11070201

39

Morris

C

no designation

42

NE

Fourmile Creek

11070201

48

Coffey, Lyon

C

no designation

43

NE

Kahola Creek

11070201

43

Chase, Morris, Lyon

C

no designation

44

NE

Lebo Creek

11070201

51

Coffey

C

 

45

NE

Rock Creek

11070201

7

Morris

C

no designation

         

Wabaunsee,

   

46

NE

Rock Creek

11070201

9

Morris, Lyon

C

no designation

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Table 2 continued

Approved Classified Stream Segments with Use Designations of Primary Contact Recreation – Subject to EPA’s Promulgation for Primary Contact Recreation. EPA Region 7 will recommend that the Agency initiate the rulemaking procedures necessary to withdraw the federal use designations.

#

Basin

Stream Name

HUC 8

Segment

County

Primary Contact Recreation Class

2004 KS Register Contact Recreation Designation

47

NE

Antelope Creek

11070202

19

Marion

C

no designation

48

NE

Catlin Creek

11070202

20

Marion

C

no designation

49

NE

Coon Creek

11070202

32

Chase

C

no designation

50

NE

Doyle Creek

11070202

21

Marion

C

no designation

51

NE

Mud Creek

11070202

6

Marion

C

no designation

52

NE

Spring Creek

11070202

28

Marion

C

no designation

53

NE

Spring Creek

11070202

29

Marion

C

no designation

54

NE

Turkey Creek

11070202

31

Chase, Marion

C

no designation

55

NE

Bloody Creek

11070203

40

Chase

C

no designation

56

NE

Crocker Creek

11070203

46

Chase

C

no designation

57

NE

Peyton Creek

11070203

25

Chase

C

no designation

58

NE

Rock Creek

11070203

37

Chase

C

no designation

59

NE

Long Creek*

11070204

12

Coffey

C

no designation

60

NE

Martin Creek

11070204

49

Anderson, Allen

C

no designation

61

NE

North Big Creek

11070204

16

Greenwood, Coffey

C

no designation

62

NE

Slack Creek

11070204

30

Allen

C

no designation

63

NE

South Big Creek

11070204

17

Woodson, Coffey

C

no designation

64

NE

Turkey Creek

11070204

18

Woodson, Coffey

C

no designation

65

NE

Turkey Creek

11070204

32

Neosho

C

SCR, class b

66

NE

Cherry Creek

11070205

4

Cherokee

C

no designation

67

NE

Lake Creek

11070205

24

Labette

C

no designation

68

NE

Little Cherry Creek

11070205

32

Cherokee

C

no designation

*Long Creek is also assigned the non-101(a)(2) uses of Domestic Water Supply Use (DS), Groundwater Recharge (GR), Industrial Water Supply Use (IW), Irrigation (IR), and Livestock Watering Use (LW). EPA approves these additional new uses.

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Table 2 continued

Approved Classified Stream Segments with Use Designations of Primary Contact Recreation – Subject to EPA’s Promulgation for Primary Contact Recreation. EPA Region 7 will recommend that the Agency initiate the rulemaking procedures necessary to withdraw the federal use designations.

#

Basin

Stream Name

HUC 8

Segment

County

Primary Contact Recreation Class

2004 KS Register Contact Recreation Designation

69

NE

Ogeese Creek

11070205

38

Neosho

C

no designation

70

NE

Thunderbolt Creek

11070205

44

Cherokee

B

no designation

71

NE

Shawnee Creek

11070207

17

Cherokee

C

no designation

13

Table 3

Approved Classified Stream Segments with Use Designations of Primary Contact Recreation – Not Subject to EPA’s Promulgation

# Basin

Stream Name

HUC 8

Segment

County

Primary Contact Recreation Class

2004 KS Register Contact Recreation Designation

1 MO

Missouri River

10240005

1

Doniphan

B

PCR, class B

2 MO

Missouri River

10240005

2

Doniphan

B

PCR, class B

3 MO

Missouri River

10240005

19

Doniphan

B

PCR, class B

4 MO

Missouri River

10240005

21

Doniphan

B

PCR, class B

5 MO

Manley Creek

10240007

14

Marshall, Nemaha

C

PCR, class C

6 MO

Wolf Creek

10240007

13

Marshall

B

PCR, class C

7 MO

Independence Creek

10240011

22

Doniphan, Atchison

C

PCR, class C

8 MO

Island Creek

10240011

37

Wyandotte

C

PCR, class C

       

Wyandotte,

   

9 MO

Missouri River

10240011

1

Leavenworth

B

PCR, class B

10 MO

Missouri River

10240011

2

Leavenworth

B

PCR, class B

11 MO

Missouri River

10240011

4

Leavenworth

B

PCR, class B

12 MO

Missouri River

10240011

5

Leavenworth, Atchison

B

PCR, class B

13 MO

Missouri River

10240011

7

Atchison

B

PCR, class B

14 MO

Missouri River

10240011

9

Atchison

B

PCR, class B

15 MO

Missouri River

10240011

11

Atchison

B

PCR, class B

16 MO

Missouri River

10240011

13

Doniphan, Atchison

B

PCR, class B

17 MO

Missouri River

10240011

15

Doniphan

B

PCR, class B

18 MO

Missouri River

10240011

19

Doniphan

B

PCR, class B

19 MO

Missouri River

10240011

9099

Wyandotte

B

PCR, class B

20 KLR

White Rock Creek

10250016

45

Jewell

C

PCR, class C

21 KLR

Elm Creek

10250017

39

Cloud

C

PCR, class C

22 KLR

Parsons Creek

10250017

12

Clay, Washington

C

SCR, class b

23 KLR

Republican River

10250017

1

Geary

C

PCR, class C

24 KLR

Republican River

10250017

7

Clay

B

PCR, class C

25 KLR

Republican River

10250017

8

Clay

C

PCR, class C

14

Table 3 continued

Approved Classified Stream Segments with Use Designations of Primary Contact Recreation – Not Subject to EPA’s Promulgation

#

Basin

Stream Name

HUC 8

Segment

County

Primary Contact Recreation Class

2004 KS Register Contact Recreation Designation

26

KLR

Republican River

10250017

9

Clay

C

PCR, class C

27

KLR

Republican River

10250017

11

Clay

C

PCR, class C

28

KLR

Republican River

10250017

17

Cloud

C

PCR, class C

29

KLR

Republican River

10250017

18

Cloud

C

PCR, class C

30

KLR

Republican River

10250017

26

Cloud

B

PCR, class C

31

KLR

Salt Creek

10250017

19

Cloud

C

PCR, class C

32

KLR

Salt Creek

10250017

23

Republic

C

PCR, class C

33

KLR

Salt Creek

10250017

30

Cloud

C

PCR, class C

34

KLR

Salt Creek

10250017

34

Jewell, Republic

C

PCR, class C

35

KLR

Clarks Creek

10270101

8

Geary

C

PCR, class C

36

KLR

Clarks Creek

10270101

9

Geary, Morris

C

PCR, class C

37

KLR

Kansas River

10270101

1

Riley

B

PCR, class B

38

KLR

Kansas River

10270101

3

Riley

B

PCR, class B

39

KLR

Kansas River

10270101

4

Riley

B

PCR, class B

40

KLR

Kansas River

10270101

6

Riley

B

PCR, class B

41

KLR

Kansas River

10270101

7

Geary

B

PCR, class B

42

KLR

Wildcat Creek

10270101

2

Riley

B

PCR, class C

43

KLR

Antelope Creek

10270102

67

Wabaunsee

C

PCR, class C

44

KLR

Deep Creek

10270102

26

Riley

B

PCR, class C

45

KLR

Deer Creek

10270102

41

Shawnee

B

PCR, class C

46

KLR

Kansas River

10270102

1

Douglas

B

PCR, class B

47

KLR

Kansas River

10270102

3

Shawnee

B

PCR, class B

48

KLR

Kansas River

10270102

4

Shawnee

B

PCR, class B

49

KLR

Kansas River

10270102

10

Shawnee

B

PCR, class B

50

KLR

Kansas River

10270102

11

Shawnee

B

PCR, class B

15

Table 3 continued

Approved Classified Stream Segments with Use Designations of Primary Contact Recreation – Not Subject to EPA’s Promulgation

#

Basin

Stream Name

HUC 8

Segment

County

Primary Contact Recreation Class

2004 KS Register Contact Recreation Designation

51

KLR

Kansas River

10270102

13

Shawnee

B

PCR, class B

         

Shawnee,

   

52

KLR

Kansas River

10270102

14

Pottawatomie

B

PCR, class B

53

KLR

Kansas River

10270102

24

Pottawatomie

B

PCR, class B

54

KLR

Kansas River

10270102

25

Pottawatomie

B

PCR, class B

55

KLR

Shunganunga Creek

10270102

40

Shawnee

B

PCR, class C

56

KLR

Soldier Creek

10270102

5

Shawnee

B

PCR, class C

57

KLR

Delaware River

10270103

1

Jefferson

B

PCR, class C

58

KLR

Delaware River

10270103

22

Jackson, Brown

B

PCR, class C

59

KLR

Cedar Creek

10270104

38

Johnson

B

PCR, class C

60

KLR

Kansas River

10270104

1

Wyandotte

B

PCR, class B

61

KLR

Kansas River

10270104

2

Johnson

B

PCR, class B

62

KLR

Kansas River

10270104

3

Johnson

B

PCR, class B

63

KLR

Kansas River

10270104

4

Johnson

B

PCR, class B

64

KLR

Kansas River

10270104

18

Johnson, Douglas

B

PCR, class B

65

KLR

Kansas River

10270104

19

Douglas

B

PCR, class B

66

KLR

Kansas River

10270104

21

Douglas

B

PCR, class B

67

KLR

Kansas River

10270104

23

Douglas

B

PCR, class B

68

KLR

Mill Creek

10270104

39

Johnson

B

PCR, class C

69

KLR

Stranger Creek

10270104

6

Leavenworth

C

PCR, class C

70

KLR

Wakarusa River

10270104

30

Shawnee, Douglas

B

PCR, class C

71

KLR

Big Blue River

10270205

7

Riley, Marshall

B

PCR, class C

   

Hundred and

         

72

MC

Forty Two Mile Creek

10290101

40

Lyon

C

PCR, class C

73

MC

Bull Creek

10290102

24

Johnson

B

SCR, class b

74

MO

Blue River

10300101

33

Johnson

B

PCR, class C

16

Table 3 continued

Approved Classified Stream Segments with Use Designations of Primary Contact Recreation – Not Subject to EPA’s Promulgation

#

Basin

Stream Name

HUC 8

Segment

County

Primary Contact Recreation Class

2004 KS Register Contact Recreation Designation

75

MO

Wolf Creek

10300101

1102

Johnson

B

PCR, class C

76

CI

Crooked Creek

11040007

1

Meade

C

SCR, class b

77

LA

Grouse Creek

11060001

15

Comanche

B

PCR, class C

78

VE

Holderman Creek

11070101

47

Greenwood

C

no designation

79

VE

Verdigris River

11070101

1

Wilson

C

PCR, class C

80

VE

Verdigris River

11070101

3

Wilson

C

PCR, class C

81

VE

Verdigris River

11070101

5

Wilson, Woodson

B

PCR, class C

82

VE

Verdigris River

11070101

11

Greenwood

C

PCR, class C

83

VE

Willow Creek

11070101

9017

Greenwood

C

no designation

84

VE

Fall River

11070102

1

Wilson

B

PCR, class C

         

Wilson,

   

85

VE

Fall River

11070102

2

Greenwood, Elk

B

PCR, class C

86

VE

Fall River

11070102

3

Greenwood

B

PCR, class C

87

VE

Fall River

11070102

7

Greenwood

B

PCR, class C

88

VE

Fall River

11070102

8

Greenwood

B

PCR, class C

89

VE

Fall River

11070102

9

Greenwood

B

PCR, class C

90

VE

Fall River, East Branch

11070102

635

Greenwood

C

PCR, class C

91

VE

Fall River, West Branch

11070102

11

Greenwood

C

PCR, class C

92

VE

Otter Creek

11070102

13

Greenwood

B

PCR, class C

93

VE

Verdigris Creek

11070103

29

Montgomery

B

PCR, class C

94

VE

Verdigris River

11070103

27

Montgomery

B

PCR, class C

95

VE

Verdigris River

11070103

33

Montgomery

B

PCR, class C

96

VE

Verdigris River

11070103

35

Montgomery

B

PCR, class C

97

VE

Verdigris River

11070103

36

Wilson, Montgomery

B

PCR, class C

98

VE

Verdigris River

11070103

38

Wilson

B

PCR, class C

99

NE

Allen Creek

11070201

3

Lyon

C

no designation

17

Table 3 continued

Approved Classified Stream Segments with Use Designations of Primary Contact Recreation – Not Subject to EPA’s Promulgation

#

Basin

Stream Name

HUC 8

Segment

County

Primary Contact Recreation Class

2004 KS Register Contact Recreation Designation

 

100 NE

Munkers Creek

11070201

18

Wabaunsee, Morris

C

no designation

 

101 NE

Neosho River

11070201

1

Coffey

B

PCR, class C

 

102 NE

Neosho River

11070201

2

Lyon

C

PCR, class C

 

103 NE

Neosho River

11070201

6

Morris, Lyon

C

PCR, class C

 

104 NE

Neosho River

11070201

10

Morris

C

PCR, class C

 

105 NE

Neosho River

11070201

11

Morris

B

PCR, class C

 

106 NE

Neosho River

11070201

23

Morris

C

PCR, class C

 

107 NE

Neosho River

11070201

26

Coffey, Lyon

B

PCR, class C

 

108 NE

Cedar Creek

11070202

22

Chase

C

PCR, class C

 

109 NE

Clear Creek

11070202

4

Marion

B

PCR, class C

 

110 NE

Cottonwood River

11070202

1

Chase, Marion

B

PCR, class C

 

111 NE

Cottonwood River

11070202

2

Marion

C

PCR, class C

 

112 NE

Cottonwood River

11070202

3

Marion

C

PCR, class C

 

113 NE

Cottonwood River

11070202

7

Marion

C

PCR, class C

 

114 NE

Cottonwood River

11070202

8

Marion

C

PCR, class C

 

115 NE

North Cottonwood River

11070202

14

Marion, McPherson

C

PCR, class C

 

116 NE

Cottonwood River

11070203

2

Chase

B

PCR, class C

 

117 NE

Cottonwood River

11070203

4

Chase

B

PCR, class C