Final California 2010 Integrated Report (303(d) List/305(b) Report)

Supporting Information

Regional Board 5 - Central Valley Region

Water Body Name:	Bates Slough (from Avenue 200 to Deep Creek, Tulare County)
Water Body ID:	CAR5581000020080623164620
Water Body Type:	River & Stream


DECISION ID	11335	Region 5
Bates Slough (from Avenue 200 to Deep Creek, Tulare County)

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

Regional Board Conclusion:	This pollutant is being considered for placement on the section 303(d) list under section 3.2 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. Three of 8 samples exceed the water quality objective. 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 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. Three of 8 samples exceeded the water quality objective for dissolved oxygen 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 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.

USEPA Action (if applicable):

Line of Evidence (LOE) for Decision ID 11335, Low Dissolved Oxygen	Region 5
Bates Slough (from Avenue 200 to Deep Creek, Tulare County)

LOE ID:

21586

Pollutant:

Oxygen, Dissolved

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Dissolved

Beneficial Use:

Warm Freshwater Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

Eight samples were taken from Bates Slough between 2005 and 2006. Three of the eight samples had dissolved oxygen concentrations below the Water Quality Objective (5 mg/L)for minimum dissolved oxygen content in surface water.

Data Reference:

Revised Draft of the 2007 Review of the Monitoring Data for the Irrigated Lands Regulatory Conditional Waiver Program

Monitoring and Reporting Program, Order Nos. R5-2003-0826, R5-2005-0833, and R5-2008-0005 for Coalition Groups Under Resolution No. R5-2003-0105, Conditional Waiver of Waste Discharge Requirements for Discharges From Irrigated Lands Within the Central Valley Region

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

The Warm Freshwater Habitat minimum dissolved oxygen criterion for waterbodies in the Tulare Lake Basin is 5 mg/L.

Objective/Criterion Reference:

Water Quality Control Plan for the Tulare Lake Basin Second Edition. rev. Jan 2004

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected from Bates Slough.

Temporal Representation:

Samples were collected monthly between June 2005 and August 2006.

Environmental Conditions:

QAPP Information:

Data quality: Good. Monitoring was conducted in accordance with Central Valley Water Board Monitoring and Reporting Program (order number R5-2003-0826) requirements (CVRWQCB, 2003)

QAPP Information Reference(s):


DECISION ID	12062	Region 5
Bates Slough (from Avenue 200 to Deep Creek, Tulare County)

Pollutant:	pH (high)
Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	New Decision
Revision Status	Revised
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the section 303(d) list under section 3.2 of the Listing Policy. Under section 3.2 a single line of evidence is necessary to assess listing status. One lines of evidence is available in the administrative record to assess this pollutant. One of the samples exceed the water quality objective. 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 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. One of 8 samples exceeded the pH objective 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 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.

USEPA Action (if applicable):

Line of Evidence (LOE) for Decision ID 12062, pH (high)	Region 5
Bates Slough (from Avenue 200 to Deep Creek, Tulare County)

LOE ID:

21587

Pollutant:

pH (high)

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

None

Beneficial Use:

Warm Freshwater Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

The Southern San Joaquin Water Quality Coalition collected 8 samples from June 2005 to August 2006. One sample had a pH of 8.58, which is greater than the pH objective of 8.3.

Data Reference:

Revised Draft of the 2007 Review of the Monitoring Data for the Irrigated Lands Regulatory Conditional Waiver Program

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

The pH of water shall not be depressed below 6.5, raised above 8.3, or changed at any time more than 0.3 units from normal ambient pH.

Objective/Criterion Reference:

Water Quality Control Plan for the Tulare Lake Basin Second Edition. rev. Jan 2004

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected from Bates Slough.

Temporal Representation:

Sampling occurred from June 2005 to August 2006.

Environmental Conditions:

QAPP Information:

Data quality: Good. Monitoring was conducted in accordance with Central Valley Water Board Monitoring and Reporting Program (order number R5-2003-0826) requirements (CVRWQCB, 2003)

QAPP Information Reference(s):


DECISION ID	11339	Region 5
Bates Slough (from Avenue 200 to Deep Creek, Tulare County)

Pollutant:	Unknown Toxicity
Final Listing Decision:	List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	New Decision
Revision Status	Revised
Sources:	Source Unknown
Expected TMDL Completion Date:	2021
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. Three lines of evidence are available in the administrative record to assess this pollutant. 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. Two of 6 water samples exhibited a significant decrease in Ceriodaphnia dubia (an invertebrate species) survival (the two samples exceeded the narrative toxicity objective), and this exceeds the allowable frequency listed in Table 3.1 of the Listing Policy. 4. Five of 6 water samples exhibited a significant decrease in Selenastrum capricornutum (a plant species) growth (total ceel counts) (the five samples exceeded the narrative toxicity objective), and this exceeds the allowable frequency listed in Table 3.1 of the Listing Policy. 5. Zero of 6 water samples exhibited a significant decrease in Pimephales promelas (Fathead Minnow, a vertebrate species) survival (none of the samples exceeded the narrative toxicity objective), and this does not exceed the allowable frequency listed in Table 3.1 of the Listing Policy. 6. 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 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.

USEPA Action (if applicable):	USEPA approved the listing of this water body as a water quality limited segment requiring a TMDL for this pollutant.

Line of Evidence (LOE) for Decision ID 11339, Unknown Toxicity	Region 5
Bates Slough (from Avenue 200 to Deep Creek, Tulare County)

LOE ID:

21585

Pollutant:

Invertebrate Toxicity

LOE Subgroup:

Toxicity

Matrix:

Water

Fraction:

Total

Beneficial Use:

Warm Freshwater Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

TOXICITY TESTING

Data Used to Assess Water Quality:

Two of 6 water samples tested with Ceriodaphnia dubia (collected on 24 July 2006 and on 21 August 2006) exhibited 0% survival, which is a statistically significant difference compared to the control.

Data Reference:

Revised Draft of the 2007 Review of the Monitoring Data for the Irrigated Lands Regulatory Conditional Waiver Program

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. This objective applies regardless of whether the toxicity is caused by a single substance or the interactive effect of multiple substances (CVRWQCB, 2007).

Objective/Criterion Reference:

Water Quality Control Plan for the Tulare Lake Basin Second Edition. rev. Jan 2004

Evaluation Guideline:

Statistically significant difference from control using a t-test with 4-day acute-style toxicity tests.

Guideline Reference:

Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms, Fifth Edition. U.S. Environmental Protection Agency Office of Water, Washington, DC EPA-821-R-02-012

Spatial Representation:

Samples were collected from Bates Slough.

Temporal Representation:

Samples were collected approximately monthly or every two months from January 2006 to August 2006.

Environmental Conditions:

QAPP Information:

Data quality: Fair. Monitoring was conducted in accordance with Central Valley Water Board Monitoring and Reporting Program (order number R5-2003-0826) requirements.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 11339, Unknown Toxicity	Region 5
Bates Slough (from Avenue 200 to Deep Creek, Tulare County)

LOE ID:

21589

Pollutant:

Plant Toxicity

LOE Subgroup:

Toxicity

Matrix:

Water

Fraction:

Total

Beneficial Use:

Warm Freshwater Habitat

Aquatic Life Use:

Cold Freshwater Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

TOXICITY TESTING

Data Used to Assess Water Quality:

Five of 6 water samples tested with Selenastrum capricornutum exhibited a statistically significant decrease in growth (total cell counts) compared to the control. The sample dates and percent of control (in parentheses) are: 03 January 2006 (36),13 March 2006 (88), 26 June 2006 (88), 24 July 2006 (85), and 21 August 2006 (86).

Data Reference:

Revised Draft of the 2007 Review of the Monitoring Data for the Irrigated Lands Regulatory Conditional Waiver Program

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Objective/Criterion Reference:

Water Quality Control Plan for the Tulare Lake Basin Second Edition. rev. Jan 2004

Evaluation Guideline:

Statistically significant difference from control using a t-test with 4-day chronic-style toxicity tests.

Guideline Reference:

Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms, Fourth Edition. U.S. Environmental Protection Agency Office of Water, Washington, DC EPA-821-R-02-013

Spatial Representation:

Samples were collected from Bates Slough.

Temporal Representation:

Samples were collected approximately monthly or every two months from January 2006 to August 2006.

Environmental Conditions:

QAPP Information:

Data quality: Excellent. Monitoring was conducted in accordance with Central Valley Water Board Monitoring and Reporting Program (order number R5-2003-0826) requirements.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 11339, Unknown Toxicity	Region 5
Bates Slough (from Avenue 200 to Deep Creek, Tulare County)

LOE ID:

21588

Pollutant:

Vertebrate Toxicity

LOE Subgroup:

Toxicity

Matrix:

Water

Fraction:

Total

Beneficial Use:

Warm Freshwater Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

TOXICITY TESTING

Data Used to Assess Water Quality:

Zero of 6 water samples tested for toxicity using Pimephales promelas were found to have statistically significant different survival compared to the laboratory control sample.

Data Reference:

Revised Draft of the 2007 Review of the Monitoring Data for the Irrigated Lands Regulatory Conditional Waiver Program

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Objective/Criterion Reference:

Water Quality Control Plan for the Tulare Lake Basin Second Edition. rev. Jan 2004

Evaluation Guideline:

Statistically significant difference from control using a t-test with 4-day acute-style toxicity tests.

Guideline Reference:

Spatial Representation:

Samples were collected from Bates Slough.

Temporal Representation:

Samples were collected approximately monthly or every two months from January 2006 to August 2006.

Environmental Conditions:

QAPP Information:

Data quality: Fair. Monitoring was conducted in accordance with Central Valley Water Board Monitoring and Reporting Program (order number R5-2003-0826) requirements.

QAPP Information Reference(s):