EPA rejects downgrade of Richland Creek

The Environmental Protection Agency (EPA) has approved the Iowa Department of Natural Resources? (DNR) designated use changes for 430 water bodies and disapproved proposed changes for 89 water bodies. One of the proposed use changes for a creek in Washington and Keokuk counties was not approved, and that was to Richland Creek, which is less than one-half mile north of Rubio and which runs through the Rubio Wildlife Area.

The DNR classifies bodies of water based on their recreational uses, and this classification determines the acceptable level of pollution that can be dumped in them. The DNR felt the regulations for Richland Creek could be lessened based on the DNR?s assessment of the recreational activities that occurred on the creek. The EPA rejected the DNR?s recommendation to downgrade Richland Creek?s classification.

The DNR puts bodies of water into three categories based on their recreational use. Streams where people are likely to submerge their whole body in the water are classed as A1. Streams where children are likely to play are classified as A3. Streams that are used only for wading, fishing, canoeing or other incidental contact with water are classified as A2. The water quality standards for A2 streams are lower than those for A1 and A3.

In the DNR?s report that it sent to the EPA, it described the recreational uses of Richland Creek, which it determined based on visits to the creek in September 2006 and October 2008, and through communication with the Washington County Conservation Board.

?There were no people observed recreating in the water at the time of the assessment nor was there evidence of previous uses found,? the DNR stated in its report. ?The Washington County Conservation Board states that the only recreational use that likely takes place within Rubio Wildlife Area is trapping. They also noted that they have never observed swimming, children recreating, canoeing, kayaking or tubing occurring on Richland Creek in or near the area of Rubio Wildlife Area.?

Dave Long, executive director of the Keokuk County Conservation Board, said that mostly trappers and livestock use the creek.

?It?s not big enough to canoe in or perform other water sports in,? he said. ?It?s not big enough for fishing. People might have swum in it 40 years ago but nobody swims in that creek anymore.?

The DNR noted that the creek passes through primarily rural areas and that it has steep slopes and contains large amounts of woody debris. It wrote that these factors might make recreation difficult. The DNR also noted that the creek?s rural location made it an unlikely channel for children?s recreational use.

In its explanation for rejecting the DNR?s request to lower Richland Creek?s classification, the EPA referred to the depth of the stream and noted that in some locations it was deep enough for ?A1? uses such as swimming.

The DNR measured Richland Creek at four locations. The EPA acknowledged that none of the four sampling points had average depths considered to be adequate for A1 uses, which for Richland Creek ranged from 4 to 25 inches. However, one of the sampling points had a maximum depth of 48 inches, which is suitable for A1 use. To be considered adequate for A1 use, the maximum depth of a stream must be 1 meter, or 39.36 inches.

Rochelle Cardinale, environmental specialist senior at the DNR, said her agency considers public comment when determining how to classify a stream.

?We look for people who are on the creek using it, and also for signs that people have used it in the past,? she said. ?We will try to interview residents near the creek to find out if the creek is being used. If we aren?t getting feedback on how the creek is being used, we may classify it A2.?

Cardinale said that just a few years ago many of the streams in the state had no classification at all. In 2006, the DNR assigned all streams an A1 classification, a process known as a ?blanket rebuttable presumption,? meaning that all streams were assumed to sustain A1 uses unless proven otherwise. In the years since, the DNR has reclassified streams that it believes do not actually sustain A1 uses.

Any entity that wishes to discharge into U.S. waters must have a pollutant discharge permit, Cardinale said. The standards for pollution mitigation that the entity has to meet are a function of the recreational classification of the stream into which they dump. The City of Richland discharges into a tributary of Richland Creek. No other entity discharges into the creek.