Draft California 2024 Integrated Report (303(d) List/305(b) Report)

Supporting Information

Regional Board 2 - San Francisco Bay Region

Water Body Name: Milliken Creek
Water Body ID: CAR2065006120000320130539
Water Body Type: River & Stream
 
DECISION ID
151735
Region 2     
Milliken Creek
 
Pollutant: Benthic Community Effects
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: Benthic Community Effects are being considered for placement on the CWA section 303(d) List under sections 3.9 of the Listing Policy. Under section 3.9, additional lines of evidence (LOEs) associating the Benthic Community Effects decision with a water or sediment concentration of pollutants other than benthic-macroinvertebrate bioassessment or habitat assessment LOEs are necessary to place a water body on the 303(d) List for Benthic Community Effects.

One line(s) of evidence evaluating benthic-macroinvertebrate bioassessment data is/are available in the administrative record to assess this indicator. One of one benthic-macroinvertebrate samples exceed the California Stream Condition Index (CSCI) impairment threshold. However, a minimum of two benthic-macroinvertebrate samples are needed to assess listing status.

Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification against placing Benthic Community Effects in this waterbody segment 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 one benthic-macroinvertebrate bioassessment samples had CSCI scores below 0.79. The available information is insufficient to determine whether the waterbody/pollutant combination should be placed on the 303(d) List of impaired waters at this time.
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. The readily available data and information is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating.
 
State Board Review of Regional Board Conclusion and Recommendation:
 
State Board Decision Recommendation:
 
 
Line of Evidence (LOE) for Decision ID 151735, Benthic Community Effects
Region 2     
Milliken Creek
 
LOE ID: 306569
 
Pollutant: Benthic-Macroinvertebrate Bioassessments
LOE Subgroup: Population/Community Degradation
Matrix: Water
Fraction: None
 
Beneficial Use: Cold Freshwater Habitat
 
Number of Samples: 1
Number of Exceedances: 1
 
Data and Information Type: Benthic macroinvertebrate surveys
Data Used to Assess Water Quality: Water Board staff assessed data for 206CE0495 to determine beneficial use support and the results are as follows: 1 of 1 samples exceeded the threshold. CSCI scores were from 0.776521856 to 0.776521856.
Data Reference: California Stream Condition Index (CSCI) Scores for the 2024 Integrated Report for Region 2.
 
SWAMP Data: SWAMP
 
Water Quality Objective/Criterion: All waters shall be maintained free of toxic substances in concentrations that are lethal to or that produce significant alterations in population or community ecology or receiving water biota. In addition, the health and life history characteristics of aquatic organisms in waters affected by controllable water quality factors shall not differ significantly from those for the same waters in areas unaffected by controllable water quality factors.
Objective/Criterion Reference: Water Quality Control Plan (Basin Plan) San Francisco Bay Basin (Region 2)
 
Evaluation Guideline: The California Stream Condition Index (CSCI) is a biological scoring tool that helps aquatic resource managers translate complex data about benthic macroinvertebrates found living in a stream into an overall measure of stream health. The CSCI score is calculated by comparing the expected condition with actual (observed) results (Rehn, A.C. et al., 2015). CSCI scores range from 0 (highly degraded) to greater than 1 (equivalent to reference). CSCI scoring of biological condition are as follows (per the scientific paper supporting the development of the CSCI scoring tool): greater than or equal to 0.92 = likely intact condition, 0.91 to 0.80 = possibly altered condition, 0.79 to 0.63 = likely altered condition, less than or equal to 0.62 = very likely altered condition. Sites with scores below 0.79 are considered to have exceeded the water quality objective for the aquatic life beneficial use. 
Guideline Reference: Bioassessment in complex environments: designing an index for consistent meaning in different settings
 
Spatial Representation: Samples were collected from station 206CE0495.
Temporal Representation: Samples were collected from 6/15/2004 to 6/15/2004.
Environmental Conditions:
QAPP Information: Data were collected using Surface Water Ambient Monitoring Program protocols
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
149034
Region 2     
Milliken Creek
 
Pollutant: Indicator Bacteria
Final Listing Decision: List on 303(d) list (being addressed by USEPA approved TMDL)
Last Listing Cycle's Final Listing Decision: New Decision
Revision Status Revised
Sources: See TMDL documentation
TMDL Name: Napa River Pathogens
TMDL Project Code: 60
Date TMDL Approved by USEPA: 02/29/2008
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 3.11 of the Listing Policy. Under this section when all other listing factors do not result in the listing of a water segment but information indicates non-attainment of standards, a water segment shall be evaluated to determine whether the weight of evidence demonstrates that water quality standard is not attained. If the weight of evidence indicates non-attainment, the water segment shall be placed on the CWA section 303(d) List. When making a listing decision based on the situation-specific weight of evidence, the Regional Water Board must justify its recommendation by:

• Providing any data or information including current conditions supporting the decision;
• Describing in fact sheets how the data or information affords a substantial basis in fact from which the decision can be reasonably inferred;
• Demonstrating that the weight of evidence of the data and information indicate that the water quality standard is not attained; and
• Demonstrating that the approach used is scientifically defensible and reproducible.

Milliken Creek is a tributary to Napa River. The Napa River and its tributaries, including Milliken Creek, are impaired by indicator bacteria (pathogens) and subject to the Napa River Pathogen TMDL. The weight of evidence indicates that there is sufficient justification for placing this water segment-pollutant combination on the CWA section 303(d) List, specifically on the being addressed portion of the CWA section 303(d) List because a TMDL has been completed and approved by RWQCB and USEPA, and is expected to result in attainment of the standard. 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. Milliken Creek is a tributary to Napa River which is impaired by pathogens. E. coli measured at several Napa River watershed locations including Milliken Creek during the development of the Napa River Pathogen TMDL showed moderate but widespread exceedances of water quality objectives, indicating pathogen impairment of REC-1 and REC-2 beneficial uses throughout the watershed. The sources of pathogens include numerous onsite wastewater treatment systems, confined animal facilities, grazing lands and municipal runoff. These pathogen sources exist throughout the Napa River watershed, including the Milliken Creek watershed. 2016-17 monitoring data indicate improvement is still needed throughout the watershed before TMDL targets are met.

2. The TMDL implementation plan states “The overall intent of this implementation plan is to restore and protect beneficial uses of the Napa River and its tributaries by reducing pathogen loadings. Potential pathogen sources in the watershed include: septic systems, sanitary sewer line failure, municipal runoff, livestock, and wildlife.” The TMDL implementation actions (e.g., the Conditional Waiver Program from Grazing Operations in the Napa River watershed and the NPDES general stormwater permit), were written to include the entire Napa River watershed. As such, the Napa River Pathogen TMDL already applies to the Milliken Creek subwatershed. Sources of pathogens exist in the Milliken Creek subwatershed and contribute to exceedances of E.coli objectives for water contact recreation. Current conditions indicate that water quality in the Creek is impaired.

3. Eighty-six out of two hundred thirty-four samples collected collectively in the Napa River tributaries during post-TMDL sampling exceeded E.coli objectives for REC-1. The water quality data are insufficient to determine that water quality have been improved and water quality objectives are met in the Napa River watershed in general and in Milliken Creek subwatershed in particular.

Therefore, based on the readily available data and information, the weight of evidence indicates that there is sufficient justification for placing this water segment-pollutant combination on the being addressed portion of the CWA section 303(d) List because a TMDL has been completed and approved by RWQCB and USEPA, and is expected to result in attainment of the standard.

4. This process is scientifically defensible and reproducible. The Milliken Creek subwatershed was included in the Napa River Pathogen TMDL assessment and determined to be a source of pathogens in the Napa River watershed. The TMDL assessment included a rigorous technical review, the public participation process, and approval by U.S. EPA. Additionally, the data analysis for the TMDL made use of the E. coli objectives that were in place at the time of TMDL development. Although these objectives have been subsequently updated, exceedances of the older objectives would also constitute exceedances of the revised (lower) objectives.
 
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: Therefore, based on the readily available data and information, the weight of evidence indicates that there is sufficient justification for placing this water segment-pollutant combination on the being addressed portion of the CWA section 303(d) List because a TMDL has been completed and approved by RWQCB and USEPA, and is expected to result in attainment of the standard.

4. This process is scientifically defensible and reproducible. The Milliken Creek subwatershed was included in the Napa River Pathogen TMDL assessment and determined to be a source of pathogens in the Napa River watershed. The TMDL assessment included a rigorous technical review, the public participation process, and approval by U.S. EPA. Additionally, the data analysis for the TMDL made use of the E. coli objectives that were in place at the time of TMDL development. Although these objectives have been subsequently updated, exceedances of the older objectives would also constitute exceedances of the revised (lower) objectives.
 
State Board Decision Recommendation: After review of the available data and information, SWRCB staff concludes that the water body-pollutant combination should not be placed on the section 303(d) list because it cannot be determined if applicable water quality standards are not being exceeded.
 
 
Line of Evidence (LOE) for Decision ID 149034, Indicator Bacteria
Region 2     
Milliken Creek
 
LOE ID: 300311
 
Pollutant: Escherichia coli (E. coli)
LOE Subgroup: Pollutant-Water
Matrix: Water
Fraction: STV
 
Beneficial Use: Water Contact Recreation
 
Number of Samples: 7
Number of Exceedances: 3
 
Data and Information Type: PATHOGEN MONITORING
Data Used to Assess Water Quality: Water Board staff assessed SWAMP RWB2 Monitoring data for Milliken Creek to determine beneficial use support and the results are as follows: 3 of the 7 samples exceeded the Statistical Threshold Value (STV) water quality threshold for E. coli. The STV is based on a 10% exceedance rate that is calculated monthly.
Data Reference: Field, Habitat, Tissue, Toxicity, WQ data from the California Environmental Data Exchange Network assembled for the 2024 Integrated Report in Region 2.
 
SWAMP Data: SWAMP
 
Water Quality Objective/Criterion: The bacteria water quality objective to protect the REC-1 beneficial use where the salinity is less than 1 parts per thousand 95 percent or more of the time applies a statistical threshold value to E. coli of 320 cfu/100 mL, not to be exceeded by more than 10 percent of samples within a calendar month (ISWEBE 2018).
Objective/Criterion 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
 
Evaluation Guideline:
Guideline Reference:
 
Spatial Representation: The samples were collected at 1 monitoring site(s), station(s): 206MLK100 (Miliken Creek at Hedgeside Ave).
Temporal Representation: The samples were collected between the days of 2016-08-03 and 2017-08-08 .
Environmental Conditions:
QAPP Information: SWRCB. 2018. This is a placeholder reference for data that was collected after QAPP requirements were developed, but exempt from the requirements..
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 149034, Indicator Bacteria
Region 2     
Milliken Creek
 
LOE ID: 300252
 
Pollutant: Escherichia coli (E. coli)
LOE Subgroup: Pollutant-Water
Matrix: Water
Fraction: GeoMean
 
Beneficial Use: Water Contact Recreation
 
Number of Samples: 4
Number of Exceedances: 3
 
Data and Information Type: PATHOGEN MONITORING
Data Used to Assess Water Quality: Water Board staff assessed SWAMP RWB2 Monitoring data for Milliken Creek to determine beneficial use support and the results are as follows: 3 of the 4 samples exceeded the geomean water quality threshold for E. coli. This is a six week rolling geomean that is calculated weekly.
Data Reference: Field, Habitat, Tissue, Toxicity, WQ data from the California Environmental Data Exchange Network assembled for the 2024 Integrated Report in Region 2.
 
SWAMP Data: SWAMP
 
Water Quality Objective/Criterion: The bacteria water quality objective to protect the REC-1 beneficial use for waters where the salinity is equal to or less than 1 part per thousand 95 percent or more of the time applies a rolling six-week geometric mean of E. coli, not to exceed 100 cfu/100 mL (ISWEBE 2018).
Objective/Criterion 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
 
Evaluation Guideline:
Guideline Reference:
 
Spatial Representation: The samples were collected at 1 monitoring site(s), station(s): 206MLK100 (Miliken Creek at Hedgeside Ave).
Temporal Representation: The samples were collected between the days of 2016-08-03 and 2017-08-08 .
Environmental Conditions:
QAPP Information: SWRCB. 2018. This is a placeholder reference for data that was collected after QAPP requirements were developed, but exempt from the requirements..
QAPP Information Reference(s): This is a placeholder reference for data that was collected after QAPP requirements were developed, but exempt from the requirements.