Proposed Reclassification of Cherry Creek, North Platte River Basin, Wyoming. October 25, 2010

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1 Proposed Reclassification of Cherry Creek, North Platte River Basin, Wyoming October 25, 2010 Waterbody: Location: Tributary to: Cherry Creek - Mainstem from headwaters downstream to the confluence with the North Platte River Headwaters-SW¼, Section 17, Township 24 North, Range 65 West in Platte County to its confluence with the North Platte River-NE¼, Section 23, Township 24 North, Range 61 West in Goshen County. North Platte River River Basin: North Platte River, HUC Purpose The purpose of this Use Attainability Analysis is to recommend the reclassification of the main stem of Cherry Creek from its headwaters downstream to the confluence with the North Platte River from 2AB (supports a coldwater fishery and drinking water) to 2C (supports non-game fisheries, does not support drinking water) and from primary to secondary recreational uses. The drinking water use designation is a presumptive use that is only assigned by default to all waters known to support game fish, but is not presumed to be an attainable use on waters not known to support game fish. Because the use attainability analysis described in this document shows that the stream currently only supports non-game species, it is not logical to continue to designate a drinking water use. Background Cherry Creek watershed is located within the Lower North Platte Sub-basin (USGS HUC ) in the North Platte River Basin. This small and remote watershed lies within Platte and Goshen Counties in eastern Wyoming (Figure 1). Cherry Creek is an intermittent stream that drains this watershed, flowing approximately 34 miles from its headwaters at 5,108 ft. elevation to its confluence with the North Platte River near Torrington, at 4,072 ft. elevation. Land uses within the Sub-basin are primary land uses are irrigated agriculture, dryland farming, and grazing. Cherry Creek is currently classified by the state of Wyoming as 2AB, and therefore is protected as a cold water fishery, for aquatic life other than fish, agricultural, industrial, primary recreational, wildlife and scenic value uses. 1

2 Figure 1. Map showing the location of the Lower North Platte Sub-basin within Wyoming (inset map) and the location of the Cherry Creek. 2

3 Justification for Reclassification The Use Attainability Analysis (UAA) developed by the Goshen County Conservation District (see Appendix A) for Cherry Creek and the Letter of Support from the Wyoming Game and Fish Department (Appendix B) satisfactorily demonstrate, by citing both physical and biological evidence, that the main stem of Cherry Creek from its headwaters downstream to the confluence with the North Platte River should be reclassified from a coldwater fishery (2AB) to a non-game fishery (2C) and from primary to secondary recreational uses. Fisheries Section 33 (a) of Chapter 1 of the Wyoming Water Quality Rules and Regulations states that any person at any time may petition the Department of Environmental Quality or the Environmental Quality Council to change the classification, add or remove a designated use or establish site specific criteria on any surface water. This fisheries reclassification of Cherry Creek from 2AB to 2C is based upon Section 33(b) of Chapter 1 of the Wyoming Water Quality Rules and Regulations which allow that the Water Quality Administrator may lower a classification, remove a designated use which is not an existing use or an attainable use, establish ambient-based criteria on effluent dependent waters, or make a recommendation to the Environmental Quality Council to establish sub-categories of a use, or establish site-specific criteria if it can be demonstrated through a Use Attainability Analysis (UAA) that the original classification and/or designated use or water quality criteria are not feasible because: (b)(v) Physical conditions related to the natural features of the water body, such as the lack of a proper substrate, cover, depth, pools, riffles, and the like, unrelated to water quality, preclude attainment of the classification or use The Goshen County Conservation District UAA identifies natural habitat features in this section of Cherry Creek as not suitable for a lotic coldwater fishery. Specifically, the homogenous silt-sand streambed and moderately high water temperatures restrict the establishment of a coldwater fishery. Indeed, streambeds composed of silt and sand are provide unsuitable refuge and spawning substrates for these fishes, and limit algal and macroinvertebrate production. In addition, water temperatures at several locations within Cherry Creek are greater than the cold water game fish criteria of 20 C. Lastly, Rahel and Hubert (1991) found that the fish communities in the nearby Horse Creek watershed are naturally stratified; with coldwater fish occurring above 6500 ft. elevation, and warm water assemblages below. The requirements for reclassification outlined in Section 33(b)(v) above are satisfied by the description of the habitat, hydrology and fish community described within the Cherry Creek UAA. Section 2 (viii) of Chapter 1 of the Wyoming Water Quality Rules and Regulations defines cold water game fishes as either burbot (Genus Lota), grayling (Genus Thymallus), trout, salmon and char (Genus Salmo, Oncorhynchus and Salvelinus), and whitefish (Genus Prosopium); whereas in Section 2 (lv), warm water game fishes are defined as bass (Genus Micropterus and Ambloplites), catfish and bullheads (Genus Ameiurus, Ictalurus, Noturus and Pylodictus), crappie (Genus Pomoxis), yellow perch (Genus Perca ), sunfish (Genus Lepomis), walleye and sauger (Genus Stizostedion), pike (Genus Esox), sturgeon (Genus Scaphirhynchus) and freshwater drum (Genus Aplodinotus). There are currently no Wyoming Game and Fish Department (WGFD) records ( ) of either coldwater or warmwater game fish collections in this segment of Cherry Creek; however, WGFD recently (1995, 2006) collected non-game species, including fathead minnow, plains killifish, sand shiner, creek chub and longnose dace. WDEQ therefore further supports this proposed reclassification based on the UAA, fish collection records and recommendations of the WGFD (see Appendix B). 3

4 Recreation The UAA developed by the Goshen County Conservation Districts also satisfactorily demonstrates that Cherry Creek is most appropriately classified as secondary contact recreational use instead of the current primary recreation use designation. WDEQ concurs with this proposed reclassification based on the UAA and on the following summary of justifications. This reclassification is based upon Section 33 (b) of Chapter 1 of the Wyoming Water Quality Rules and Regulations which allow that the Water Quality Administrator may lower a classification, remove a designated use which is not an existing use or an attainable use, establish ambient-based criteria on effluent dependent waters, or make a recommendation to the Environmental Quality Council to establish sub-categories of a use, or establish site-specific criteria if it can be demonstrated through a Use Attainability Analysis (UAA) that the original classification and/or designated use or water quality criteria are not feasible because: (b)(ii) Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating state water conservation requirements to enable uses to be met The requirements for reclassification outlined in Sections 33 (b)(ii) are satisfied by the above description of the hydrology of Cherry Creek. Section 27 of Chapter 1 of the Wyoming Water Quality Rules and Regulations states that a primary contact recreation designation is intended to apply to those waters where there is a reasonable potential for people to engage in full body contact with the water and/or a potential to ingest small quantities. Primary contact recreational use is thus intended for perennial streams, reservoirs, and lakes, where there is a reasonable possibility for recreational use. Secondary contact recreation designation is intended to apply to all other waters. Cherry Creek is a small stream where stream flows are dominated by spring run-off from snowmelt, thunderstorms, and groundwater inputs; the middle and upper reaches are intermittent, and the lower reaches are perennial. The land surrounding Cherry Creek is primarily private, with little public access, which further limits the opportunity for public recreation. Given the above described hydrology and the limited public access, it is highly unlikely that primary recreational activities such as fishing, swimming, kayaking, rafting, or canoeing could occur on this creek. Implementation This document represents a preliminary determination by the administrator of the Water Quality Division to change the classification of Cherry Creek. After consideration of public comments, the Administrator shall publish a final determination which will be submitted to EPA for approval under the Federal Clean Water Act. The revised classification shall become effective upon EPA approval or 90 days after submittal, whichever comes first. Public Participation Persons wishing to comment on these findings or planned implementation may submit written comments to Richard Thorp, Water Quality Division, Department of Environmental Quality, Herschler Bldg. 4W, Cheyenne, WY on or before November 30, Copies of the Use Attainability Analysis are available from the Department of Environmental Quality, 122 West 25th Street, Herschler Building-4W, Cheyenne, WY or can be downloaded from the agency s website ( Persons may request a 4

5 hard copy of the document by contacting Richard Thorp at , fax at , RT/LP/rm/

6 Appendix A UAA Submitted by Goshen County Conservation Districts for Cherry Creek 6

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36 Appendix B Wyoming Game and Fish Department Letter of Support 36

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