Department of Environmental Quality

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1 Department of Environmental Quality To protect, conserve, and enhance the Quality of Wyoming s environment for the benefit of current and future generations Dave Freudenthal, Governor John Corra, Director Proposed Reclassification of an Unnamed Tributary of Lodgepole Creek Cheyenne River Basin in Weston County, Wyoming September 9, 2005 Proposed Action The Department of Environmental Quality (DEQ), Water Quality Division (WQD) is proposing to reclassify an Unnamed Tributary to Lodgepole Creek and its tributaries from Class 3B to 4B. The drainage is tributary to Lodgepole Creek in northwestern Weston County, Wyoming. This proposed reclassification does not affect all of the stream miles that may exist within the Lodgepole Creek watershed and is limited to the drainage and its tributaries. Approximately 1.9 miles of mapped stream channel are affected by this reclassification. The basis for this reclassification is contained in the attached document entitled: Petition for Use-Attainability Analysis, Unnamed Tributary of Lodgepole, Weston County, Wyoming, May 2005", prepared by Maxim Drilling and Exploration, Inc. This Use Attainability Analysis (UAA) document describes the analysis that was conducted on the drainage system and the rationale for the proposed classification changes. The purpose of the document is to fulfill the requirements of Chapter 1, Sections 33 and 34 of the Wyoming Surface Water Rules and Regulations regarding reclassification of surface waters. The UAA document contains sufficient information to support the reclassification of the subject drainages, however, the DEQ does not necessarily agree with all of the views expressed by the authors. This reclassification proposal applies to all of the mapped and unmapped stream channels along the Unnamed Tributary of Lodgepole Creek. These channels are currently designated as Class 3B and protected for aquatic life uses. This reclassification action will remove the aquatic life designation by reclassifying the affected reaches as Class 4B. The drainages will continue to be protected for recreation, wildlife, industry, agriculture, and scenic value uses. 1

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4 Use Attainability Analysis Summary The area affected by this action contains naturally ephemeral waters exhibiting an extremely limited hydrologic regime. Except for immediate runoff from precipitation events, the channels are perennially dry with no existing aquatic habitat. The UAA submitted by Maxim shows that there is no significant aquatic resource in the affected drainage and therefore, satisfactorily demonstrates the use removal factor provided in Chapter 1, Section 33 (b) (ii). Therefore, according to the provisions of Sections 4 and 33 of Chapter 1 of the Wyoming Water Quality Rules and Regulations, the Unnamed Tributary of Lodgepole Creek and its tributaries are most appropriately classified 4B and designated for primary contact recreation, wildlife, industry, agriculture, and scenic value uses. IMPLEMENTATION This document represents a preliminary determination by the Administrator of the Water Quality Division to change the classification of the Unnamed Tributary of Lodgepole Creek and its tributaries from Class 3B to Class 4B. After consideration of public comments, the Administrator shall publish a final determination which will be submitted to EPA for approval under the federal Clean Water Act. The revised classification shall become effective upon EPA approval or 90 days after submittal, whichever comes first. PUBLIC PARTICIPATION Persons wishing to comment on these findings or planned implementation may submit written comments to Bill DiRienzo, Water Quality Division, Department of Environmental Quality, Herschler Bldg. 4W, Cheyenne, WY 82002; Fax # ; on or before October 14, ed comments will not be accepted. Copies of the Use Attainability Analysis are available from the Department of Environmental Quality, 122 West 25th Street, Herschler Building-4W, Cheyenne, or can be downloaded from the agency s website ( Persons may request a mailed copy of the document by contacting Connie Osborne at , fax at ( address: cosbor@state.wy.us). WJD/JML/bb/ DOC 4

5 PETITION FOR USE-ATTAINABILITY ANALYSIS UNNAMED TRIBUTARY OF LODGEPOLE CREEK WESTON COUNTY, WYOMING May, 2005 Water Body: Unnamed Tributary of Lodgepole Creek Location: Headwaters SESE, Section 35, T46N, R68W Mouth SWNW Section 12, T45N, R68W Tributary To: Lodgepole Creek PURPOSE This petition for use-attainability analysis seeks to reclassify this unnamed tributary of Lodgepole Creek (tributary), along its entire length, from class 3B to class 4B water. This tributary is an ephemeral drainage approximately two miles long. The headwaters are located in SESE Section 35 of T46N, R68W. The confluence of this tributary with another unnamed tributary of Lodgepole Creek is located in SWNW Section 12, T45N, R68W. The purpose for recommending a reclassification for this drainage is related to surface water discharge originating from the Quest Muddy Unit (QMU) 1-P35 Battery, operated by Maxim Drilling and Exploration, Inc. The facility is located at SESE Section 35, T46N, R68W, Weston County, Wyoming. Water from this facility is currently hauled off location. The water to be discharged from this facility has no potential to reach the Lodgepole Creek. The July 2001 revision of Chapter 1, Wyoming Water Quality Rules and Regulations reclassified receiving waters from this facility as 3B water, not class 4 water as it had been in the past. Class 4 water did not include aquatic life as a designated use. The new class 3 designation does include aquatic life as a designated use or characteristic. No wetland habitat exists within the area of this petition. The class 3B limit for chloride content is unattainable for the water discharged from this facility. The discharged water does meet the new standard for oil and grease, total radium, arsenic, and specific conductance. 1

6 This facility has been in continuous operation for over five years. To refuse to allow this permit would result in a substantial financial loss to the operator, Maxim Drilling and Exploration, Inc. The discharge of this water would provide a significant source of water for cattle and wildlife in this area. As stated before, the water is currently hauled off location. BASIS FOR RECLASSIFICATION REMOVAL OF AQUATIC LIFE USE PROTECTIONS The basis of this petition is that this drainage, as described above, conforms to site specific criteria described in Wyoming Surface Water Quality Standards, Chapter 1, Section 33 (b)(ii), which allows the removal of a use under circumstances such that.natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volumes of effluent discharges without violating state water conservation requirements to enable uses to be met; In this case, the use that is to be removed is the support of and or the ability to sustain aquatic life. National Wetland Inventory Map of the U. S. Fish and Wildlife Service was utilized in addition to field inspection to determine the extent of wetlands along the drainage of the tributary. The extent of wetlands is used to determine flow conditions or water levels, which in turn determine the use attainability for aquatic life. The use of this map for this purpose is supported in Wyoming Surface Water Quality Standards, Implementation Policies. The National Wetland Inventory (NWI) map has been reviewed and it has been concluded that the map shows no wetland occurrence in the area. Variation in wetland characteristics which determine the differences between class 3B and class 4B waters are described in Chapter 1, Section 4(c)(ii) and Section 4(d)(ii) of the Water Quality Standards. Section 4(c)(ii) states in part that class 3B waters..are characterized by frequent linear wetland occurrences or impoundments within or adjacent to the stream channel over its entire length. Such characteristics will be a primary indicator used in identifying Class 3B waters. Section 4(d)(ii) states that class 4B waters..are characterized by only infrequent wetland occurrences or impoundments within or adjacent to the stream channel over its entire length. Such characteristics will be a primary indicator used in identifying Class 4B waters. 2

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16 8. The confluence of the Unnamed Tributary with another unnamed stream bed looking upstream. 11

17 9. The confluence of the Unnamed Tributary with another unnamed stream bed looking downstream. 12