Draft California 2018 Integrated Report (303(d) List/305(b) Report)

Supporting Information

Regional Board 5 - Central Valley Region

Water Body Name:	Deer Creek (from Deer Creek Reservoir to Lake Wildwood, Nevada County)
Water Body ID:	CAR5172001220080623175736
Water Body Type:	River & Stream


DECISION ID	73240	Region 5
Deer Creek (from Deer Creek Reservoir to Lake Wildwood, Nevada County)

Pollutant:	Mercury
Final Listing Decision:	Do Not Delist from 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	Do Not Delist from 303(d) list (TMDL required list)(2016)
Revision Status	Original
Sources:	Source Unknown
Expected TMDL Completion Date:	2027
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the section 303(d) list under section 3.1 of the Listing Policy. Under section 3.1 a single line of evidence is necessary to assess listing status. Two lines of evidence are available in the administrative record to assess this pollutant. 3 of the 5 fish tissue samples exceed the evaluation guideline for COMM. Additionally, 4 of the eighteen samples exceed the water quality criteria for mercury in water. LOE 22967 was not used in the final listing decision because of a criterion change. The data in LOE 22967 were reassessed in LOE 95477 with the new criterion. LOE 95477 was used in the final listing decision. Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification in favor of placing this water segment-pollutant combination on the section 303(d) list in the Water Quality Limited Segments category. This conclusion is based on the staff findings that: 1. The data used satisfies the data quality requirements of section 6.1.4 of the Policy. 2. The data used satisfies the data quantity requirements of section 6.1.5 of the Policy. 3. Four of 18 samples exceed the USEPA (CTR) mercury-based numeric criterion for human health and this exceeds the allowable frequency listed in Table 3.1 of the Listing Policy. In addition, 3 out of 5 fish samples exceed the USEPA fish tissue criterion for human health and this exceeds the allowable frequency listed in Table 3.1 of the Listing Policy. 4. Pursuant to section 3.11 of the Listing Policy, no additional data and information are available indicating that standards are not met.

Regional Board Decision Recommendation:	After review of the available data and information, RWQCB staff concludes that the water body-pollutant combination should not be removed from the section 303(d) list because applicable water quality standards for the pollutant are being exceeded.

State Board Staff Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of this Regional Board decision, SWRCB staff recommend the decision be approved by the State Board.

Line of Evidence (LOE) for Decision ID 73240, Mercury	Region 5
Deer Creek (from Deer Creek Reservoir to Lake Wildwood, Nevada County)

LOE ID:

22966

Pollutant:

Mercury

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total

Beneficial Use:

Commercial or recreational collection of fish, shellfish, or organisms

Number of Samples:

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

Water samples were collected at three locations from this reach, at DCL2, DCL5 and DCL6 (codes defined in Spatial Representation section). A total of 30 water samples were collected at these three locations representing eighteen 30-day average samples. Four out of the eighteen 30-day average samples exceeded the USEPA (CTR) mercury-based numeric criterion for human health. A total of 10 water samples were collected at each location representing six 30-day average samples for each station. DCL2: None of the six 30-day average samples exceeded the USEPA (CTR) mercury-based numeric criterion for human health. The total recoverable mercury concentrations in water ranged from 0.76 ng/l to 32.2 ng/l with an average of 10.8 ng/l for the six 30-day average samples. DCL5: Two of the six 30-day average samples exceeded the USEPA (CTR) mercury-based numeric criterion for human health. The total recoverable mercury concentrations in water ranged from 2.4 ng/l to 205 ng/l with an average of 57.7 ng/l for the six 30-day average samples. DCL6: Two of the six 30-day average samples exceeded the USEPA (CTR) mercury-based numeric criterion for human health. The total recoverable mercury concentrations in water ranged from 1.7 ng/l to 355 ng/l with an average of 112.4 ng/l for the six 30-day average samples.

Data Reference:

Deer Creek Watershed Mercury Survey, draft 2-28-2007

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

The USEPA (CTR) numeric criterion for the protection of human health for the consumption of both water and fish that live in the water is 50 ng/l (30-day average) for total recoverable mercury (40 CFR 131.38).

Objective/Criterion Reference:

Water Quality Standards 2000. Establishment of numeric criteria for priority toxic pollutants for the State of California: Rules and regulations. Federal Register Vol. 65, No. 97. Washington, D.C.: Environmental Protection Agency

Water Quality Control Plan for the California Regional Water Quality Control Board Central Valley Region, Sacramento and San Joaquin River Basins. 4th ed

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were taken from three stations located along this reach of Deer Creek: DCL2 (Deer Creek 20 m below Boulder Street ford on Willow Valley Road); DCL5 (Deer Creek one mile below Champion mine on Rothert property); and DCL6 (Deer Creek inlet at Lake Wildwood Drive bridge).

Temporal Representation:

Water samples were collected during ten sampling events from 09/15/2005 to 6/29/2006.

Environmental Conditions:

Samples represented a range of flow conditions, including two low-flow irrigation season events, four high-flow storms, and four intermediate-flow winter and spring events. Significant gold mining activity occurred during the Gold Rush era within the watershed of this reach of Deer Creek (USGS, 2005).

QAPP Information:

Protocols for the water sampling conducted for this study are described in Field Sampling Protocols for Total Mercury Water Samples (Friends of Deer Creek, 2005). Quality Control for all of the elements described in section 6.1.4 of the Policy was conducted in accordance with the Citizen Water Monitoring Quality Assurance Project Plan For The Yuba Watershed Monitoring Committee (van der Veen, 2004). The Friends of Deer Creek¿s mercury survey was a collaboration with the Regional Water Quality Control Board/Central Valley Region and their CALFED mercury QA program.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 73240, Mercury	Region 5
Deer Creek (from Deer Creek Reservoir to Lake Wildwood, Nevada County)

LOE ID:

22967

Pollutant:

Mercury

LOE Subgroup:

Pollutant-Tissue

Matrix:

Tissue

Fraction:

Total

Beneficial Use:

Commercial or recreational collection of fish, shellfish, or organisms

Number of Samples:

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

Fish were sampled for tissue analysis at one location from this reach. A total of 1 out of 5 samples exceeded the USEPA fish tissue criterion for human health. The average wet weight mercury concentration in fish tissue was 0.19 ppm for all 5 samples collected. The number of fish collected per sample, the measured mercury concentrations in fish tissue, and the number of exceedances are, by species: Brown Trout- 4 samples, 0.11-0.32 ppm (average 0.18 ppm), 1 exceedance; Rainbow Trout- 1 sample, 0.22 ppm, no exceedances. All 5 samples were collected from fish with total lengths greater than 150 mm, which represent fish most commonly caught and consumed by sport fishers and their families.

Data Reference:

Mercury Bioaccumulation in Fish in a Region Affected by Historic Gold Mining: The South Yuba River, Deer Creek, and Bear River Watersheds, California, 1999. U.S. Geological Survey Open-File Report 00-367. Prepared in cooperation with Bureau of Land Management; California State Water Resources Control Board; Nevada County Resource Conservation District; U.S. Department of Agriculture, Forest Service; and U.S. Environmental Protection Agency. Sacramento, CA

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

All waters shall be maintained free of toxic substances in concentrations that produce detrimental physiological responses in human, plant, animal, or aquatic life. The objective applies regardless of whether the toxicity is caused by a single substance or the interactive effect of multiple substances.

Objective/Criterion Reference:

Water Quality Control Plan for the California Regional Water Quality Control Board Central Valley Region, Sacramento and San Joaquin River Basins. 4th ed

Evaluation Guideline:

The USEPA Fish Tissue Residue Criterion for methylmercury in fish is 0.3 mg/kg (0.3 ppm) for the protection of human health. This is the concentration in fish tissue that should not be exceeded based on a total fish and shellfish consumption-weighted rate of 0.0175 kg fish/day (USEPA, 2001).

Guideline Reference:

Water Quality Criterion for the Protection of Human Health: Methylmercury. Final. United States Environmental Protection Agency Office of Science and Technology Office of Water. EPA-823-R-01-001. January 2001

Spatial Representation:

Samples were collected at one location from this reach of Deer Creek near Willow Valley Road.

Temporal Representation:

Fish samples were collected during one sampling event on 10/6/1999.

Environmental Conditions:

Significant gold mining activity occurred during the Gold Rush era within the watershed of this reach of Deer Creek (USGS, 2005).

QAPP Information:

In accordance with section 6.1.4 of the Listing Policy, data from major monitoring programs in California and Published USGS reports are considered of adequate quality.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 73240, Mercury	Region 5
Deer Creek (from Deer Creek Reservoir to Lake Wildwood, Nevada County)

LOE ID:

95477

Pollutant:

Mercury

LOE Subgroup:

Pollutant-Tissue

Matrix:

Tissue

Fraction:

Total

Beneficial Use:

Commercial or recreational collection of fish, shellfish, or organisms

Number of Samples:

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

Fish were sampled for tissue analysis at one location from this reach. A total of 1 out of 5 samples exceeded the USEPA fish tissue criterion for human health. The average wet weight mercury concentration in fish tissue was 0.19 ppm for all 5 samples collected. The number of fish collected per sample, the measured mercury concentrations in fish tissue, and the number of exceedances are, by species:

Brown Trout- 4 samples, 0.11-0.32 ppm (average 0.18 ppm), 1 exceedance;
Rainbow Trout- 1 sample, 0.22 ppm, 1 exceedance.

All 5 samples were collected from fish with total lengths greater than 150 mm, which represent fish most commonly caught and consumed by sport fishers and their families.

Data Reference:

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Objective/Criterion Reference:

Water Quality Control Plan for the California Regional Water Quality Control Board Central Valley Region, Sacramento and San Joaquin River Basins. 4th ed

Evaluation Guideline:

The U.S. EPA 304(a)-recommended water quality criterion for concentrations of methylmercury in fish tissue of trophic level 4 fish (150 - 500 mm; fillet wet weight) is 0.20 mg/Kg.

Guideline Reference:

Spatial Representation:

Samples were collected at one location from this reach of Deer Creek near Willow Valley Road.

Temporal Representation:

Fish samples were collected during one sampling event on 10/6/1999.

Environmental Conditions:

Significant gold mining activity occurred during the Gold Rush era within the watershed of this reach of Deer Creek (USGS, 2005).

QAPP Information:

In accordance with section 6.1.4 of the Listing Policy, data from major monitoring programs in California and Published USGS reports are considered of adequate quality.

QAPP Information Reference(s):


DECISION ID	88328	Region 5
Deer Creek (from Deer Creek Reservoir to Lake Wildwood, Nevada County)

Pollutant:	Oxygen, Dissolved
Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)(2016)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the CWA section 303(d) List under section 3.2 of the Listing Policy. Under section 3.2 a single line of evidence is necessary to assess listing status. One line of evidence is available in the administrative record to assess this pollutant. Eight (8) of the 549 samples exceed the water quality objective for COLD. Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification against placing this water segment-pollutant combination on the CWA section 303(d) List. This conclusion is based on the staff findings that: 1. The data used satisfies the data quality requirements of section 6.1.4 of the Policy. 2. The data used satisfies the data quantity requirements of section 6.1.5 of the Policy. 3. Eight (8) of the 549 samples exceed the water quality objective for COLD and this does not exceed the allowable frequency listed in Table 3.2 of the Listing Policy. 4. Pursuant to section 3.11 of the Listing Policy, no additional data and information are available indicating that standards are not met.

Regional Board Decision Recommendation:	After review of the available data and information, RWQCB staff concludes that the water body-pollutant combination should not be placed on the section 303(d) list because applicable water quality standards are not being exceeded.

State Board Staff Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of this Regional Board decision, SWRCB staff recommend the decision be approved by the State Board.

Line of Evidence (LOE) for Decision ID 88328, Oxygen, Dissolved	Region 5
Deer Creek (from Deer Creek Reservoir to Lake Wildwood, Nevada County)

LOE ID:

62174

Pollutant:

Oxygen, Dissolved

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Dissolved

Beneficial Use:

Cold Freshwater Habitat

Number of Samples:

549

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

Numeric data generated from 549 samples collected had 8 exceedences.

Data Reference:

Data for Mercury over dams at Lake Wildwood in Deer Creek watershed and Benthic Macro-Invertebrate (BMI) samples, 2000-2010.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

The dissolved oxygen concentrations shall not be reduced below the following minimum levels at any time: Waters designated COLD 7.0 mg/l

Objective/Criterion Reference:

Water Quality Control Plan for the California Regional Water Quality Control Board Central Valley Region, Sacramento and San Joaquin River Basins. 4th ed

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected from the following stations: 517DC2xxx 517DC3xxx 517DC4xxx 517DC5xxx 517DC6xxx

Temporal Representation:

Samples were collected approximately thrice a month between December 2000 to May 2010

Environmental Conditions:

QAPP Information:

The data was collected under the Water Monitoring Quality Assurance Project Plan for the Yuba Watershed Council Monitoring Committee. June 2008.

QAPP Information Reference(s):


DECISION ID	89559	Region 5
Deer Creek (from Deer Creek Reservoir to Lake Wildwood, Nevada County)

Pollutant:	Indicator Bacteria
Final Listing Decision:	List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	List on 303(d) list (TMDL required list)(2016)
Revision Status	Original
Sources:	Source Unknown
Expected TMDL Completion Date:	2027
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the CWA section 303(d) List under section 3.2 of the Listing Policy. Under section 3.2 a single line of evidence is necessary to assess listing status. Two lines of evidence are available in the administrative record to assess this pollutant. Thirty six (36) of the 313 samples exceed the water quality objective for REC-1. Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification in favor of placing this water segment-pollutant combination on the CWA section 303(d) List. This conclusion is based on the staff findings that: 1. The data used satisfies the data quality requirements of section 6.1.4 of the Policy. 2. The data used satisfies the data quantity requirements of section 6.1.5 of the Policy. 3. Thirty six (36) of the 313 samples exceed the water quality objective for REC-1 and this exceeds the allowable frequency listed in Table 3.2 of the Listing Policy. 4. Pursuant to section 3.11 of the Listing Policy, no additional data and information are available indicating that standards are not met.

Regional Board Decision Recommendation:	After review of the available data and information, RWQCB staff concludes that the water body-pollutant combination should be placed on the section 303(d) list because applicable water quality standards are exceeded and a pollutant contributes to or causes the problem.

State Board Staff Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of this Regional Board decision, SWRCB staff recommend the decision be approved by the State Board.

Line of Evidence (LOE) for Decision ID 89559, Indicator Bacteria	Region 5
Deer Creek (from Deer Creek Reservoir to Lake Wildwood, Nevada County)

LOE ID:

59249

Pollutant:

Escherichia coli (E. coli)

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

None

Beneficial Use:

Water Contact Recreation

Number of Samples:

306

Number of Exceedances:

Data and Information Type:

Not Specified

Data Used to Assess Water Quality:

Thirty-six of the 306 samples exceeded the E. coli objective.

Data Reference:

Data for Mercury over dams at Lake Wildwood in Deer Creek watershed and Benthic Macro-Invertebrate (BMI) samples, 2000-2010.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Waters shall not contain chemical constituents in concentrations that adversely affect beneficial uses. (Water Quality Control Plan, Central Valley Region, Sacramento River and San Joaquin River Basins)

Objective/Criterion Reference:

Water Quality Control Plan for the California Regional Water Quality Control Board Central Valley Region, Sacramento and San Joaquin River Basins. 4th ed

Evaluation Guideline:

The E. coli concentration shall not exceed more than 235/100 ml. USEPA Ambient Water Quality Criteria for Bacteria - 1986.

Guideline Reference:

Ambient Water Quality Criteria for Bacteria - 1986. EPA440/5-84-002

Spatial Representation:

The samples were collected at Friends of Deer Creek monitoring site 2, 3, 4, 5, and 6.

Temporal Representation:

The samples were collcted from May 2005 to December 2010.

Environmental Conditions:

QAPP Information:

The data was collected under the Water Monitoring Quality Asurance Project Plan for the Yuba Watershed Council Monitoring Committee. June 2008.

QAPP Information Reference(s):

Quality Assurance Project Plan for the Yuba Watershed Council Monitoring Committee, Revision 1.3.

Line of Evidence (LOE) for Decision ID 89559, Indicator Bacteria	Region 5
Deer Creek (from Deer Creek Reservoir to Lake Wildwood, Nevada County)

LOE ID:

59253

Pollutant:

Escherichia coli (E. coli)

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

None

Beneficial Use:

Water Contact Recreation

Number of Samples:

Number of Exceedances:

Data and Information Type:

Not Specified

Data Used to Assess Water Quality:

Zero of the seven geomeans exceeded the E. coli objective.

Data Reference:

Data for Mercury over dams at Lake Wildwood in Deer Creek watershed and Benthic Macro-Invertebrate (BMI) samples, 2000-2010.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Objective/Criterion Reference:

Water Quality Control Plan for the California Regional Water Quality Control Board Central Valley Region, Sacramento and San Joaquin River Basins. 4th ed

Evaluation Guideline:

The geometric mean for E. coli shall not exceed more than 126/100 ml. USEPA Ambient Water Quality Criteria for Bacteria - 1986.

Guideline Reference:

Ambient Water Quality Criteria for Bacteria - 1986. EPA440/5-84-002

Spatial Representation:

The samples were collected at Friends of Deer Creek monitoring site 2, 3, 4, 5, and 6.

Temporal Representation:

The samples were collcted from May 2005 to December 2010.

Environmental Conditions:

QAPP Information:

The data was collected under the Water Monitoring Quality Asurance Project Plan for the Yuba Watershed Council Monitoring Committee. June 2008.

QAPP Information Reference(s):

Quality Assurance Project Plan for the Yuba Watershed Council Monitoring Committee, Revision 1.3.


DECISION ID	89386	Region 5
Deer Creek (from Deer Creek Reservoir to Lake Wildwood, Nevada County)

Pollutant:	pH
Final Listing Decision:	List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	List on 303(d) list (TMDL required list)(2016)
Revision Status	Original
Sources:	Source Unknown
Expected TMDL Completion Date:	2027
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the CWA section 303(d) List under section 3.2 of the Listing Policy. Under section 3.2 a single line of evidence is necessary to assess listing status. One line of evidence is available in the administrative record to assess this pollutant. One hundred twenty five (125) of the 583 samples exceed the water quality objective for COLD. Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification in favor of placing this water segment-pollutant combination on the CWA section 303(d) List. This conclusion is based on the staff findings that: 1. The data used satisfies the data quality requirements of section 6.1.4 of the Policy. 2. The data used satisfies the data quantity requirements of section 6.1.5 of the Policy. 3. One hundred twenty five (125) of the 583 samples exceed the water quality objective for COLD and this exceeds the allowable frequency listed in Table 3.2 of the Listing Policy. 4. Pursuant to section 3.11 of the Listing Policy, no additional data and information are available indicating that standards are not met.

Regional Board Decision Recommendation:	After review of the available data and information, RWQCB staff concludes that the water body-pollutant combination should be placed on the section 303(d) list because applicable water quality standards are exceeded and a pollutant contributes to or causes the problem.

State Board Staff Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of this Regional Board decision, SWRCB staff recommend the decision be approved by the State Board.

Line of Evidence (LOE) for Decision ID 89386, pH	Region 5
Deer Creek (from Deer Creek Reservoir to Lake Wildwood, Nevada County)

LOE ID:

59473

Pollutant:

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Dissolved

Beneficial Use:

Cold Freshwater Habitat

Number of Samples:

583

Number of Exceedances:

125

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

Numeric data generated from 583 samples collected had 125 exceedences.

Data Reference:

Data for Mercury over dams at Lake Wildwood in Deer Creek watershed and Benthic Macro-Invertebrate (BMI) samples, 2000-2010.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

The pH shall not be depressed below 6.5 nor raised above 8.5.

Objective/Criterion Reference:

Water Quality Control Plan for the California Regional Water Quality Control Board Central Valley Region, Sacramento and San Joaquin River Basins. 4th ed

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected from the following stations: 517DC2xxx 517DC3xxx 517DC4xxx 517DC5xxx 517DC6xxx

Temporal Representation:

Samples were collected approximately 5 times a month from December 2000 to July 2010.

Environmental Conditions:

QAPP Information:

SWAMP QAPP

QAPP Information Reference(s):

Surface Water Ambient Monitoring Program Quality Assurance Program Plan

Quality Assurance Project Plan for the Yuba Watershed Council Monitoring Committee, Revision 1.3.