Clean Water Act : Water quality designated uses and impairments for Rocky Mountain National Park

26 Pages·2003·1.4 MB·English

by  National Park Service

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CLEAN WATER ACT
WATER QUALITY DESIGNATED USES
AND IMPAIRMENTS
Rocky Mountain National Park
Technical Report NPS/NRWRD/NRTR-2003/3
1
March 2003
National Park Service
Water Resources Division
Fort Collins, Colorado
NATIONAL PARK SERVICE
WATER RESOURCES DIVISION
FORTCOLLINS, COLORADO
RESOURCE ROOM PROPERTY
Digitized by the Internet Archive
in 2012 with funding from
LYRASIS Members and Sloan Foundation
http://archive.org/details/cleanwateractwatOOnati
IV
EXECUTIVE SUMMARY
Director's Order NPS-75 requires the National Park Service (NPS) Natural Resource Inventory and Monitoring
Program to establish a Servicewide inventory ofwaterbodies and waterquality use classifications. The Government
Performance and Results Act of 1993 (GPRA) directs Federal agencies to articulate program goals in a quantifiable
and measurable manner. These mandates are reflected in the mission goals of the 2000 NPS Strategic Plan.
Included among these mission goals are the I&M water resources inventory and a target of85% of265 park units
with unimpaired waterbodies. To help achieve the goals ofNPS-75, GPRA, and the NPS Strategic Plan, this report
summarizes for Rocky Mountain National Park (ROMO): (1) Clean Water Act (CWA) State-designated uses; (2)
CWA
303(d) quality impaired waters and causes; (3) special designations recognizing waters ofexceptional quality
as defined in State water quality standards; and (4) hydrographic statistics based on the United States Geological
Survey (USGS) 1:100,000 scale National Hydrography Dataset (NHD). Data sources used to compile this report
include: Environmental Protection Agency (EPA) Total Maximum Daily Load Tracking System, EPA Water
Quality Standards Database, EPA National Assessment Database, EPA EnviroMapper for Water, USGS NHD, and
the Colorado Department ofPublic Health and Environment - WaterQuality Control Division.
Based on the NHD, a total of354.58 miles ofperennial and intermittent streams, 963.1 1 acres oflakes and ponds,
373.67 acres ofswamp and marsh, 84.33 acres ofice mass, 64 waterfalls, and 1 spring/seep are within oradjacent to
ROMO ROMO
the park boundary. State-designated uses for classified waterbodies within or adjacent to the park
boundary include: (1) agriculture; (2) aquatic life cold water - class 1; (3) domestic water source; and (4) recreation
primary contact. No waterbodies within or adjacent to the ROMO park boundary are impaired based on the 2002
ROMO
Colorado 303(d) list. All waterbodies within have been designated as Outstanding National Resource
Waters by the State ofColorado.
VI
TABLE OF CONTENTS
EXECUTIVE SUMMARY v
TABLE OF CONTENTS
vii
LISTOF TABLES viii
LISTOF FIGURES viii
INTRODUCTION
1
Purposes 1
Rocky Mountain National Park Environs and Overview 1
BACKGROUND
2
WaterQuality Standards 2
Federal Antidegradation Policies and Regulations 2
Colorado State Antidegradation Regulations 2
303(d) Waterbodies and Total Maximum Daily Loads 3
Waterbodies (Waters ofthe United States) 3
Waterbody Identifications and Reaches 4
DATA SOURCES
5
PARK HYDROGRAPHIC STATISTICS 7
DESIGNATED USES 9
WATERQUALITY CRITERIA 12
IMPAIRED WATERBODIES 12
TOTAL MAXIMUM DAILY LOAD 12
OUTSTANDING NATIONAL AND STATE RESOURCE WATERS 12
LITERATURE CITED 17
vn
LIST OF TABLES
Table I. Park Hydrographic Statistics 8
Table II. State-Designated Beneficial Use Definitions 9
Table III. State-Designated Beneficial Uses and Use Support Information 10
LIST OF FIGURES
Figure 1. Regional Location Map 6
Figure 2. Waterbody Designated Uses and Impairment Status-Panel A 13
Figure 3. Waterbody Designated Uses and Impairment Status- Panel B 14
Figure4. Waterbody Designated Uses and Impairment Status- Panel C 15
Figure 5. Waterbody Designated Uses and Impairment Status-Panel D 16
Vlll
INTRODUCTION
The National Park Service's (NPS) Organic Act of 1916 and the Clean Water Act (CWA) are two important pieces
offederal legislation that provide for the preservation, conservation, and protection ofwater resources within units
ofthe National Park System. The mission ofthe Organic Act states that"the Service thus established shall promote
and regulate the use ofFederal areas known as national parks, monuments and reservations ... by such means and
measures as conform to the fundamental purpose ofthe said parks, monuments and reservations, whichpurpose is to
conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment
of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future
CWA
generations" (16 U.S.C. Section 1). The stated objective ofthe is to "restore and maintain the chemical,
physical and biological integrity ofthe nation's waters" (33 U.S.C. Section 1251(a)).
To help meet its resource stewardship responsibilities the NPS established the Natural Resource Inventory and
Monitoring (I&M) Program. The goal ofthe I&M Program is to acquire the information and expertise needed by
park managers to maintain ecosystem integrity in the approximately 270 National Park System units that contain
significant natural resources (National Park Service 2000a). The establishment of a Servicewide natural resource
inventory, which is to include a waterresources inventory, is an important objective ofthe I&M Program. The 1992
Director's Order NPS-75, NaturalResources andInventory Monitoring Guideline, recommends the water resources
inventory include: (1) location (with additional classification from that included in digital cartographic information)
ofstreams, lakes, wetlands, and groundwater (hot springs, cold springs); and (2) water quality use classifications
(Ibid, 26).
The Government Performance and Results Act of 1993 (GPRA) directs Federal agencies to articulate program goals
in a quantifiable and measurable manner. GPRA requires the use ofstrategic plans, annual performance plans, and
annual performance reports for Federal programs (Galvin 1999). The 2000 NPS Strategic Plan reflects the mandates
ofNPS-75 and GPRA in its mission goals. Included in these goals are the I&M water resources inventory (mission
goal Ibl) and a target of85% of265 park units with unimpaired waters (mission goal Ia4) (National Park Service
2000b, 17,20).
Purposes
The purposes of this report are to compile and summarize the following for Rocky Mountain National Park
(ROMO): (1) CWA State-designated use classifications; (2) CWA 303(d) quality impaired waters and causes; (3)
special designations recognizing waters ofexceptional quality as defined in State water quality standards; and (4)
hydrographic statistics based on the United States Geological Survey (USGS) 1:100,000 scale National
Hydrography Dataset (NHD). This report provides the water quality use classifications for park waterbodies as
directed by NPS-75 and the I&M Strategic Plan (National Park Service 1993). Although hydrographic statistics are
presented in the report, it is important to note that these were generated from the l:100,000-scale (medium
resolution) NHD, which is complete for the entire country. It is anticipated that the I&M Program will acquire
NHD
1:24,000-scale (high resolution) for parks to provide the definitive locations and inventory ofstreams, lakes,
rivers, and otherhydrographic features. This effort, however, will likely take several years.
Rocky Mountain National Park Environs and Overview
ROMO
is located in north central Colorado in the Big Thompson, Cache La Poudre, Colorado Headwaters, and St.
Vrain subbasins1 (Figure 1). Based on the NHD, a total of 354.58 miles ofperennial and intermittent streams,
963.11 acres oflakes and ponds, 373.67 acres ofswamp and marsh, 84.33 acres ofice mass, 64 waterfalls, and 1
ROMO
spring/seep are within or adjacent to the park boundary (Table I). State-designated uses for classified
ROMO
waterbodies within or adjacent to the park boundary include: (1) agriculture; (2) aquatic life cold water -
class 1; (3) domestic water source; and (4) recreation primary contact (Table II and Figures 2 through 5). Use
support designations are provided in Table III. No waterbodies within or adjacent to the ROMO park boundary are
ROMO
impaired based on the 2002 Colorado 303(d) list. All waterbodies within have been designated as
OutstandingNational Resource Waters (ONRWs) by the State ofColorado.
A subbasin isequivalenttothe USGS cataloging unit identified by an 8-digit hydrologic unitcode.
BACKGROUND
WaterQuality Standards
An important component ofthe CWA is the requirement ofwater quality standards. Water quality standards are
established by the States and consist of three elements: (1) designated use classifications; (2) numerical and/or
narrative water quality criteria; and (3) an antidegradation policy (Environmental Protection Agency 1998, 5). The
CWA
requires all States to establish use classifications for all waterbodies within the State, e.g., public drinking
water supplies, propagation of fish and wildlife, recreational purposes, industrial, and other uses. Water quality
criteria are numerical descriptions ofthe physical, chemical, and biological characteristics ofwaters necessary to
supportthedesignated uses (Gallagher and Miller 1996, 58).
Federal Antidegradation Policies and Regulations
The antidegradation policy as promulgated by the Environmental Protection Agency (EPA) in the Code ofFederal
Regulations at 40 C.F.R. Part 131.12 acts as a key portion of States' water quality standards by requiring, at a
minimum, States to include provisions for the management of water quality in accordance with the following
'Tiers':
Tier 1: Includes the provisions to protect existing uses ofwater in the State, which constitute the absolute floor or
minimum level ofprotection that must be provided all waters(Environmental Protection Agency 1993, 4-1).
Tier2: Applies to waters whose quality exceeds that necessary to protect "fishable/swimmable" goals ofthe CWA.
Management ofthese waters must attempt to keepthem at existing quality. Degradation may be allowed ifit cannot
be avoided forsocial oreconomic development reasons, but only afterpublic review has occurred(Ibid).
Tier 3: Applies to ONRWs where ordinary use classifications and supporting criteria may not be sufficient or
appropriate. ONRWs are frequently considered the highest quality waters ofthe United States, but may also include
waterbodies that are of "exceptional recreational or ecological significance," as stated under 40 C.F.R. Section
ONRWs
131.12(a)(3) of the antidegradation policy. are afforded the highest level of protection under the
antidegradation policy. Existing waterquality is to be maintained and protected, and only activities that cause short-
term andtemporary degradation may be allowed (Environmental Protection Agency 1993, 4-10).
An additional concept ofa Tier 2 Vi waterbody was developed by States out ofa concern that the Tier 3 provision
was too restrictive ofsocial and economic development. A Tier2 Vz waterbody, which the EPA does accept, offers
more protection than a Tier2 waterbody without the strict prohibition against the lowering ofwaterquality found in
the Tier3 provision (Ibid, 4-2).
TheNational Park System encompasses some ofthe most sensitive, pristine, and significant aquatic resources in the
United States. Many ofthese aquatic resources have been afforded the protection of Tier 2 Vx or Tier 3 ONRW
status. Such exceptional waterbodies located within oradjacent topark boundaries shall be identified in this report.
Colorado State Antidegradation Regulations
Colorado's water quality standards and regulations are codified in Regulation No. 31 of the Colorado Code of
Regulations (C.C.R.) at Title 5 C.C.R. 1002-31 (Basic Standards and Methodologies for Surface Water). The
antidegradation provisions ofRegulation No. 31 are summarized below as quoted from the 1998 Colorado Water
Quality Management and Drinking Water Protection Handbook:
The antidegradation provisions ofthe Basic Standards and Methodologies for Surface Water: (1)
set forth provisions regarding the adoption ofwater quality-based designations for certain surface
waters; and (2) establish an antidegradation review process applicable to certain activities
impacting thequality ofsurface waters. Seegenerally, section 31.8.
Either of two water quality-based designations may be adopted in appropriate circumstances.
Section 31.8(2). An "outstanding waters" designation may be applied to certain high quality
waters that constitute an outstanding natural resource. No degradation ofoutstanding waters by
regulated activities is allowed. A "use-protected waters" designation may be applied to waters
with existing quality that is not better than necessary to support propagation offish, shellfish, and
wildlife and recreation in and on the water. The quality ofthese waters may be altered so long as
applicable use-based waterquality classifications and standards are met.
Waters that are not given one of these designations are subject to antidegradation review
requirements before any new or increased water quality impacts are allowed. Section 31.8(3).
The activities that are subject to these requirements are those that: (1) require a discharge permit;
(2) require water quality certification under section 401 ofthe federal Act; or (3) are subject to
control regulations. The first step in the antidegradation review process is a determination, in
accordancewith criteriaspecified in the regulation, whether"significant degradation" wouldresult
from the activity. If not, the review ceases. If significant degradation would result, a
determination is made whether the degradation is necessary to accommodate important economic
or social development in the area in which the waters are located. This determination is based on
an assessment ofwhether there are quality control alternatives available that would result in less
degradation of state waters and which are economically, environmentally, and technologically
reasonable. The proposed degradation is allowed only ifno such alternatives are available (Ibid,
34).
303(d) Waterbodies and Total Maximum Daily Loads
Waterbodies that fail to comply with standards are compiled by States into a list, commonly referred to as "303(d)
lists" afterthe section ofthe CWA which containsthe requirement, for submittal to the EPA. The EPA approves the
list only ifit meets applicable requirements. Waterbodies on an approved 303(d) list require the establishment ofa
total maximum daily load (TMDL) (Environmental Protection Agency 2002a). A TMDL specifies the amount ofa
particular pollutant that may be present in a waterbody, allocates allowable pollutant loads among sources, and
provides the basis forattainingormaintainingwaterquality standards(65 Fed. Reg. 43588 (July 13, 2000)). Forthe
purposes ofthis report, a303(d) listed waterbody is considered impaired.
Waterbodies (Waters ofthe United States)
The term "waterbodies" is used in this report with the same meaning the EPA applies to the term "navigable
CWA
waters." "Navigablewaters"are defined in the to include all "waters ofthe United States." The term "waters
ofthe United States" is defined in Title40 C.F.R. Part 122.2 as:
(a) All waters which are currently used, were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subject to the ebb and flow ofthe
tide; (b) All interstate waters, including interstate "wetlands;" (c) All other waters such as
intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, "wetlands,"
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or
destruction ofwhich would affect or could affect interstate or foreign commerce including any
such waters: (1) Which are or could be used by interstate or foreign travelers for recreational or
other purposes; (2) From which fish or shellfish are or could be taken and sold in interstate or
foreign commerce; or(3) Which are used or could be used for industrial purposes by industries in
interstate commerce; (d) All impoundments ofwaters otherwise defined as waters ofthe United
States under this definition; (e) Tributaries of waters identified in paragraphs (a) through (d) of
this definition; (f) Theterritorial sea; and (g)"Wetlands" adjacentto waters (otherthan waters that
arethemselveswetlands) identified inparagraphs (a)through(f) ofthis definition.
Although not included in theabove referenced definition, the EPA has also ruled that springs and seeps that support
unusual flora or fauna which attract large numbers ofout-of-state scientists are considered "waters ofthe United
States" (Sullivan 1995, 139). Anthropogenic waste treatment systems, such as treatment ponds or lagoons, are not
included as"watersoftheUnited States."
Waterbody Identifications and Reaches
Water quality standard information in this report is linked to State-defined waterbody identification (WBID) codes.
A WBID is a unique code, which represents the basic unit for reporting water quality standards to the EPA. States
currently use avariety ofmethods fordefining WBIDs, such asthe useofindividual monitoring stations andNatural
Resource Conservation Service watersheds. The geographic extents for these WBIDs are occasionally defined by
States using geographic information systems (GIS) but more often are only described textually (Environmental
Protection Agency 2001, Appendix B).
A reach is a continuous, unbroken stretch or expanse ofsurface water. In the NHD, this idea has been expanded to
define a reach as a significant segment ofsurface water that has similar hydrologic characteristics, such as a stretch
ofstream/river between two confluences, or a lake/pond (U.S. Geological Survey 2000a, 9). The EPA has strongly
encouraged States to uniformly adopt the NHD reach addressing protocol for assigning WBIDs (Environmental
Protection Agency 2001, Appendix B).
The geographic representation ofwater features in the NHD serves as a framework for organizing and integrating
water quality attribute information under the EPA WATERS2 system. Since relatively few States have adopted the
NHD reach addressing protocol, the EPA is currently undergoing the process ofgeoreferencing State WBIDs and
other waterquality program information to reaches in theNHD (Environmental Protection Agency 2002b). In other
words, the EPA is assigning reach codes to State WBIDs so that they may be analyzed and displayed by computer-
based tools, such as aGIS.
A recent study prepared by the General Accounting Office (GAO) noted the difficulties the EPA faces when
transferring State waterquality data to theNHD in the WATERS system due to the number ofdifferent ways States
define their waters. According to the GAO study, less than one-third of State water quality officials who were
interviewed indicated that their States' water quality is reflected "somewhat" or "very" accurately in the WATERS
system (General Accounting Office 2002, 28). Errors noted by the NPS during the preparation ofthis and similar
reports included incomplete georeferencing and misidentifications of WBIDs. Although reasonable efforts were
made to find and correct any errors originating from EPA georeferencing efforts, the NPS makes no expressed or
implied guarantees regardingthe depiction ofWBIDs in this report.
2 WATERS (Watershed Assessment, Tracking & Environmental Results) unites waterquality information that was
previously available only from several independent and unconnected databases(e.g.. TMDL Tracking System and
the WaterQuality Standards Database). WATERS is located on the Internet at http://www.epa.gov/waters/.