Final California 2020 Integrated Report (303(d) List/305(b) Report)

Supporting Information

Regional Board 5 - Central Valley Region

Water Body Name: Little Deer Creek
Water Body ID: CAR5172001220011211134726
Water Body Type: River & Stream
 
DECISION ID
131286
Region 5     
Little Deer Creek
 
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)(2018)
Revision Status Revised
Sources: A Source Unknown
Expected TMDL Completion Date: 2027
Impairment from Pollutant or Pollution: Pollutant
 
Regional Board Conclusion: This pollutant is being considered for removal from the CWA section 303(d) List under section 4.5 and 4.11 of the Listing Policy. Under section 4.5 a single line of evidence is necessary to assess listing status. Under section 4.11 when all other delisting factors do not result in the delisting of a water segment but information indicates attainment of standards, a water segment shall be evaluated to determine whether the weight of evidence demonstrates that water quality standard is attained. If the weight of evidence indicates attainment, the water segment shall be removed from the CWA section 303(d) List.

Three lines of evidence are available in the administrative record to assess the pollutant.

LOEs 95488 and 22391 are replaced with LOE 227509. LOE 227509is a reassessment of the same data following the statewide mercury objectives adopted in 2017.

WILD beneficial use (sport fish objective):
LOE 227508: 1 of 1 samples exceed the mercury objective and consist of 6 trophic level 4 fish.

COMM beneficial use (sport fish objective):
LOE 227509: 1 of 1 samples exceed the sport fish tissue mercury objective and consist of 6 trophic level 4 fish.
LOE 22391: 3 of 6 samples exceed the objective for total recoverable mercury in water.
LOE 4466: A placeholder LOE to support a 303(d) listing decision made prior to 2006.

Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification against removing this water segment-pollutant combination from 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. Tissue samples were compared with the sport fish objective and 1 of 1 samples exceed for WILD beneficial use and 1 of 1 samples exceed for the COMM beneficial use. The samples consist of trophic level 4 fish. In addition, in a previous listing cycle, individual fish were compared with the USEPA fish tissue criterion (LOE 95488) and 6 of 6 fish tissue samples exceeded the criterion for human health and this exceeded the allowable frequency listed in Table 4.1 of the Listing Policy. The data was reassessed according to the new objective and the following samples consist of only trophic level 4 fish: 1 of 1 tissue sample exceeds the objective for the WILD beneficial use and 1 of 1 tissue sample exceeds the objective for the COMM beneficial. Although there are 6 fish in each sample (annual average) for the COMM and WILD fish tissue assessments and this does not meet the minimum 8 needed fish, all fish exceed the guideline and the range of concentrations was from 0.23-0.39 ug/g ww. A minimum of 3 annual averages based on composite fish tissue samples must meet the standard to indicate attainment of the standard.
4. Pursuant to section 4.11 of the Listing Policy, no additional data and information are available indicating that standards are not met.
 
Regional Board Decision Recommendation: This decision was made by SWRCB staff.
 
State Board Review of Regional Board Conclusion and Recommendation:
 
State Board Decision Recommendation:
 
 
Line of Evidence (LOE) for Decision ID 131286, Mercury
Region 5     
Little Deer Creek
 
LOE ID: 227508
 
Pollutant: Mercury
LOE Subgroup: Pollutant-Tissue
Matrix: Tissue
Fraction: Fish fillet
 
Beneficial Use: Wildlife Habitat
 
Number of Samples: 1
Number of Exceedances: 1
 
Data and Information Type: PHYSICAL/CHEMICAL MONITORING
Data Used to Assess Water Quality: Water Board staff assessed USGS Report 00-367 data for Little Deer Creek to determine beneficial use support and the results are as follows: 1 of the 1 samples exceeded the water quality threshold for Mercury. This LOE contains data only for trophic level 4 fish. The concentration of Mercury in fish collected within the same calendar year, for the same trophic level were averaged into a single sample for comparison with the objective. A total of 6 fish were aggregated into 1 annual averages, which consisted of 1 fish species (6 composite(s) of Brown Trout each composed of 1 fish per composite). Of these annual averages, 1 average(s), (Year(s): 1999) exceeded the objective.
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 are toxic to, or that produce detrimental physiological responses in human, plant, animal, or aquatic life. (Water Quality Control Plan for the California Regional Water Quality Control Board Central Valley Region, Sacramento 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 Statewide Sport Fish Water Quality Objective for the protection of Wildlife Habitat comes from the Statewide Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California, and is 0.2 mg/Kg wet weight skinless fillet samples of trophic level 3, or trophic level 4 fish (whichever is highest in the water body) over a one year averaging period. If trophic level 3 fish are used in the assessment then the Prey Fish Water Quality Objective must also be used to determine that the Sport Fish Objective is being met. Trophic levels of applicable fish are defined in, but not limited to those in Attachment C of the Final Regulatory Language document (Appendix A) of State Water Resources Control Board Resolution No. 2017-0027.
Guideline Reference: Inland Surface Waters, Enclosed Bays, and Estuaries Plan. Part 1: Trash Provisions; Part 2: Tribal Subsistence Beneficial Uses and Mercury Provisions; Part 3: Bacteria Provisions and Variance Policy
 
Spatial Representation: Data was collected from 1 station(s) with the station code(s): Little Deer Creek at Pioneer Park.
Temporal Representation: Data for this line of evidence were collected between 1999-10-06 and 1999-10-06. When composited fish were collected over multiple days, the first day of fish collection was used as the sample date in the LOE, both for LOE writing, and for averaging period purposes.
Environmental Conditions:
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): This is a placeholder reference for data that was collected after QAPP requirements were developed, but exempt from the requirements.
 
Line of Evidence (LOE) for Decision ID 131286, Mercury
Region 5     
Little Deer Creek
 
LOE ID: 4466
 
Pollutant: Mercury
LOE Subgroup: Pollutant-Tissue
Matrix: Tissue
Fraction: Not Recorded
 
Beneficial Use: Commercial or recreational collection of fish, shellfish, or organisms
 
Number of Samples: 0
Number of Exceedances: 0
 
Data and Information Type: Not Specified
Data Used to Assess Water Quality: Unspecified--This LOE is a placeholder to support a 303(d) listing decision made prior to 2006.
Data Reference: Placeholder reference pre-2006 303(d)
 
SWAMP Data: Non-SWAMP
 
Water Quality Objective/Criterion: Unspecified
Objective/Criterion Reference: Placeholder reference pre-2006 303(d)
 
Evaluation Guideline: Unspecified
Guideline Reference: Placeholder reference pre-2006 303(d)
 
Spatial Representation: Unspecified
Temporal Representation: Unspecified
Environmental Conditions: Unspecified
QAPP Information: Unspecified
QAPP Information Reference(s):
 
Line of Evidence (LOE) for Decision ID 131286, Mercury
Region 5     
Little Deer Creek
 
LOE ID: 227509
 
Pollutant: Mercury
LOE Subgroup: Pollutant-Tissue
Matrix: Tissue
Fraction: Fish fillet
 
Beneficial Use: Commercial or recreational collection of fish, shellfish, or organisms
 
Number of Samples: 1
Number of Exceedances: 1
 
Data and Information Type: PHYSICAL/CHEMICAL MONITORING
Data Used to Assess Water Quality: Water Board staff assessed USGS Report 00-367 data for Little Deer Creek to determine beneficial use support and the results are as follows: 1 of the 1 samples exceeded the water quality threshold for Mercury. This LOE contains data only for trophic level 4 fish. The concentration of Mercury in fish collected within the same calendar year, for the same trophic level were averaged into a single sample for comparison with the objective. A total of 6 fish were aggregated into 1 annual averages, which consisted of 1 fish species (6 composite(s) of Brown Trout each composed of 1 fish per composite). Of these annual averages, 1 average(s), (Year(s): 1999) exceeded the objective.
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 are toxic to, or that produce detrimental physiological responses in human, plant, animal, or aquatic life. (Water Quality Control Plan for the California Regional Water Quality Control Board Central Valley Region, Sacramento 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 Statewide Sport Fish Water Quality Objective for the protection of the Commercial and Sport Fishing beneficial comes from the Statewide Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California, and is 0.2 mg/Kg wet weight skinless fillet samples of trophic level 3, or trophic level 4 fish (whichever is highest in the water body) over a one year averaging period. Trophic levels of applicable fish are defined in, but not limited to those in Attachment C of the Final Regulatory Language document (Appendix A) of State Water Resources Control Board Resolution No. 2017-0027.
Guideline Reference: Inland Surface Waters, Enclosed Bays, and Estuaries Plan. Part 1: Trash Provisions; Part 2: Tribal Subsistence Beneficial Uses and Mercury Provisions; Part 3: Bacteria Provisions and Variance Policy
 
Spatial Representation: Data was collected from 1 station(s) with the station code(s): Little Deer Creek at Pioneer Park.
Temporal Representation: Data for this line of evidence were collected between 1999-10-06 and 1999-10-06. When composited fish were collected over multiple days, the first day of fish collection was used as the sample date in the LOE, both for LOE writing, and for averaging period purposes.
Environmental Conditions:
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): This is a placeholder reference for data that was collected after QAPP requirements were developed, but exempt from the requirements.
 
 
DECISION ID
90923
Region 5     
Little Deer Creek
 
Pollutant: Indicator Bacteria
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.

Two lines of evidence are are available in the administrative record to assess this pollutant. Seventeen of 185 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 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. Seventeen of 185 samples exceed the water quality objective for REC-1 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.
 
 
Line of Evidence (LOE) for Decision ID 90923, Indicator Bacteria
Region 5     
Little Deer Creek
 
LOE ID: 59246
 
Pollutant: Escherichia coli (E. coli)
LOE Subgroup: Pollutant-Water
Matrix: Water
Fraction: None
 
Beneficial Use: Water Contact Recreation
 
Number of Samples: 179
Number of Exceedances: 16
 
Data and Information Type: Not Specified
Data Used to Assess Water Quality: Sixteen of the 179 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 sites ss, 12, and 13.
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 90923, Indicator Bacteria
Region 5     
Little Deer Creek
 
LOE ID: 59251
 
Pollutant: Escherichia coli (E. coli)
LOE Subgroup: Pollutant-Water
Matrix: Water
Fraction: None
 
Beneficial Use: Water Contact Recreation
 
Number of Samples: 6
Number of Exceedances: 1
 
Data and Information Type: Not Specified
Data Used to Assess Water Quality: One of the six 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: 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 geometric meaan 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 sites ss, 12, and 13.
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
90924
Region 5     
Little Deer Creek
 
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. One of 315 samples was less than the water quality objective minimum 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. One of 315 samples was less than the water quality objective minimum 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 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 90924, Oxygen, Dissolved
Region 5     
Little Deer Creek
 
LOE ID: 66064
 
Pollutant: Oxygen, Dissolved
LOE Subgroup: Pollutant-Water
Matrix: Water
Fraction: Dissolved
 
Beneficial Use: Cold Freshwater Habitat
 
Number of Samples: 315
Number of Exceedances: 1
 
Data and Information Type: PHYSICAL/CHEMICAL MONITORING
Data Used to Assess Water Quality: Numeric data generated from 315 samples collected had 1 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: 517DC11xx 517DC12xx 517DC13xx
Temporal Representation: Samples were collected approximately twice a month from May 2001 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
100076
Region 5     
Little Deer Creek
 
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: A 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. 191 of the 317 samples exceed the water quality objective.

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. 191 of the 317 samples exceed the water quality objective 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 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 100076, pH
Region 5     
Little Deer Creek
 
LOE ID: 59469
 
Pollutant: pH
LOE Subgroup: Pollutant-Water
Matrix: Water
Fraction: Dissolved
 
Beneficial Use: Cold Freshwater Habitat
 
Number of Samples: 317
Number of Exceedances: 191
 
Data and Information Type: PHYSICAL/CHEMICAL MONITORING
Data Used to Assess Water Quality: Numeric data generated from 317 samples collected had 191 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: 517DC11xx 517DC12xx 517DC13xx
Temporal Representation: Samples were collected approximately twice a month from May 2001 to May 2010.
Environmental Conditions:
QAPP Information: SWAMP QAPP
QAPP Information Reference(s): Quality Assurance Project Plan for the Yuba Watershed Council Monitoring Committee, Revision 1.3.
QAPP Information Reference(s): Surface Water Ambient Monitoring Program Quality Assurance Program Plan