††††† 401 KAR 10:030. Antidegradation policy implementation methodology.

 

††††† RELATES TO: KRS 146.200-146.360, 146.410-146.535, 146.550-146.570, 146.600-146.619, 146.990, 176.430, 224.01-010, 224.01-400, 224.16-050, 224.16-070, 224.70-100-224.70-140, 224.71-100-224.71-145, 224.73-100-224.73-120, 30 U.S.C. 1201 -1328

††††† STATUTORY AUTHORITY: KRS 146.220, 146.241, 146.270, 146.410, 146.450, 146.460, 146.465, 224.10-100, 224.16-050, 224.16-060, 224.70-100, 224.70-110, 40 C.F.R. 130, 131, 16 U.S.C. 1271-1287, 1531-1544, 33 U.S.C. 1311, 1313, 1314, 1315, 1316, 1341, 1342, 1344

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100 requires the cabinet to develop and conduct a comprehensive program for the management of water resources and to provide for the prevention, abatement, and control of all water pollution. KRS 224.70-100 declares that the policy of the commonwealth is to conserve its waters for legitimate uses, safeguard from pollution the uncontaminated waters of the commonwealth, prevent the creation of any new pollution in the waters of the commonwealth, and abate any existing pollution. This administrative regulation and 401 KAR 10:001, 10:026, 10:029, and 10:031 establish procedures to protect the surface waters of the Commonwealth, and thus protect water resources. This administrative regulation establishes a methodology to implement the antidegradation policy contained in 401 KAR 10:029 by establishing procedures to control water pollution in waters affected by that policy.

 

††††† Section 1. Categorization and Implementation. These antidegradation procedures shall not preempt the power or authority of a local government to provide by ordinance for a higher level of protection through antidegradation implementation for a discharger located within that local government's jurisdiction to a surface water of the commonwealth. The following procedures shall govern implementation of the antidegradation policy of 401 KAR 10:029, Section 1, for a point source discharge. Surface waters shall be placed into one (1) of four (4) categories listed in this section and each category shall have implementation procedures as follows:

††††† (1) Outstanding national resource water. Surface waters of the commonwealth categorized as outstanding national resource waters are listed in Table 1 of this subsection.


Table 1

SURFACE WATERS CATEGORIZED AS OUTSTANDING NATIONAL RESOURCE WATER

Stream

Segment

River Miles

County

Red River

Upstream to Island off SR 1067 to Downstream Wild River Boundary at SR 746

49.2 to

68.6

Menifee/Wolfe

Underground River System

Within Mammoth Cave National Park Boundary

 

Edmonson/

Hart/Barren

†South Fork of Cumberland River

Downstream Wild River Boundary to Tennessee State line

44.3 to 54.8

McCreary

Surface Waters within Reelfoot Lake National Wildlife Refuge

Reelfoot Lake National Wildlife Refuge Proclamation Boundary in Kentucky

2040 Acres

Fulton

War Fork of Station Camp Creek

Basin above South Fork of Station Camp Creek to Steer Fork

0.0 to 13.8

Jackson

Marsh Creek

Mouth to 1.9 miles upstream of Kentucky 478

0.0 to 15.0

McCreary

Rock Creek

State border to White Oak Creek

4.1 to 21.9

McCreary

Rockcastle River

Lower end of Narrows to 0.2 miles downstream of Kentucky 80 bridge

8.95 to 22.4

Laurel/Pulaski

 


††††† (a) Categorization criteria. A surface water shall be categorized as an outstanding national resource water if:

††††† 1. The surface water meets, at a minimum, the requirements for an outstanding state resource water as provided in 401 KAR 10:031, Section 8; and

††††† 2. The surface water demonstrates national ecological or recreational significance.

††††† (b) Implementation procedure.

††††† 1. Water quality shall be maintained and protected in an outstanding national resource water.

††††† 2. A new discharger or expanded discharge that may result in permanent or long-term changes in water quality shall be prohibited.

††††† 3. The cabinet may approve temporary or short-term changes in water quality if the changes to the outstanding national resource water do not have a demonstrable impact on the ability of the water to support the designated uses.

††††† (2) Exceptional water. Surface waters of the commonwealth categorized as an exceptional water are listed in Table 2 of this subsection.

Table 2

SURFACE WATERS CATEGORIZED AS EXCEPTIONAL WATER

Stream

Segment

River Miles

County

BIG SANDY RIVER BASIN

Hobbs Fork of Pigeonroost Fork of Wolf Creek*

Mouth to Headwaters

0.0-3.9

Martin

Lower Pigeon Branch of Elkhorn Creek*

Left Fork to Headwaters

0.6-1.9

Pike

Russell Fork of Levisa Fork of Big Sandy River*

Clinch Field RR Yard off HWY 80 to Virginia State Line

15.0-16.5

Pike

Toms Branch of Elkhorn Creek*

Mouth to Headwaters

0.0-1.6

Pike

Unidentified Tributary of Hobbs Fork*

Hobbs Fork of Pigeonroost Fork to Headwaters

0.0-0.6

Martin

LITTLE SANDY RIVER BASIN

Arabs Fork of Big Sinking Creek*

Clay Fork to Headwaters

0.0-5.1

Elliott

Big Caney Creek*

Grayson Lake to Headwaters

1.8-15.3

Elliott, Rowan

Big Sinking Creek of Little Sandy River*

SR 986 to Clay Fork and Arab Fork

6.1-15.8

Carter, Elliott

Meadow Branch of Little Fork of Little Sandy River*

Mouth to Headwaters

0.0-1.4

Elliott

Middle Fork of Little Sandy River*

Mouth to Sheepskin Branch

0.0-3.4

Elliott

Nichols Fork of Little Fork of Little Sandy River*

Green Branch to Headwaters

0.0-2.0

Elliott

Laurel Creek of Little Sandy River*

Carter School Rd Bridge to Headwaters

7.6-14.7

Elliott, Rowan

LICKING RIVER BASIN

Blackwater Creek of Licking River*

Eaton Creek to Greasy Fork

3.8-11.7

Morgan

Blanket Creek of Licking River

Mouth to Unidentified Tributary

0.0-1.9

Pendleton

Botts Fork of Brushy Fork of Licking River*

Mouth to Landuse Change

0.0-2.1

Menifee

Bowman Creek of Licking River

Mouth to Unidentified Tributary

0.0-6.0

Kenton

Brushy Fork of Meyers Creek*

Cave Run Lake Backwaters to Headwaters

0.7-5.6

Menifee

Brushy Fork of South Fork of Grassy Creek*

Mouth to Headwaters

0.0-5.8

Pendleton

Bucket Branch of North Fork of Licking River*

Mouth to Headwaters

0.0-1.9

Morgan

Cedar Creek of Licking River

Mouth to North Branch of Cedar Creek

0.0-1.7

Robertson

Craney Creek of Licking River

Mouth to Headwaters

0.0-11.2

Morgan, Rowan

Devils Fork of North Fork of Licking River*

Mouth to Headwaters

0.0-8.5

Elliott, Morgan

Flour Creek of Licking River

Mouth to Unidentified Tributary

0.0-2.2

Pendleton

Grovers Creek of Kincaid Creek*

Kincaid Lake Backwaters to Unidentified Tributary

0.5-3.4

Bracken, Pendleton

Licking River

SR 211 to unnamed Rd off Slatey Point Rd

159.5-170.6

Bath, Rowan

North Fork of Licking River*

Cave Run Lake Backwaters to Devils Fork

8.4-13.4

Morgan

Sawyers Fork of Cruises Creek

Mouth to Headwaters

0.0-3.3

Kenton

Slabcamp Creek of Craney Creek of Licking River

Mouth to Headwaters

0.0-3.7

Rowan

Slate Creek of Licking River

Mouth to Mill Creek

0.0-13.6

Bath

South Fork Grassy Creek of Grassy Creek of Licking River*

Mouth to Greasy Creek

0.0-19.8

Kenton, Pendleton

Unidentified Tributary of Shannon Creek of North Fork of Licking River

Mouth to Headwaters

0.0-2.2

Mason

Welch Fork of Brushy Fork of Licking River*

Mouth to First Road Crossing

0.0-1.0

Menifee

West Creek of Licking River*

Mouth to Headwaters

0.0-9.8

Harrison, Robertson

KENTUCKY RIVER BASIN

Backbone Creek of Sixmile Creek of Kentucky River*

Mouth to Scrabble Creek

0.0-1.65

 

Franklin, Henry, Shelby

Bear Branch of North Fork of Kentucky River

Above Sediment Pond to Headwaters

0.3-1.2

Perry

Big Double Creek of Red Bird River*

Mouth to confluence of Left and Right Forks of Big Double Creek

0.0-4.4

Clay

Bill Branch of Laurel Fork of Greasy Creek*

Mouth to Right Fork and Left Fork Creek

0.0-0.3

Leslie

Billey Fork of Millers Creek

Land Use Change to Headwaters

2.6-8.8

Lee, Elliott

Boyd Run of North Elkhorn Creek

Mouth to Cherry Run

0.0-0.9

Scott

Bill Oak Branch of Left Fork of Buffalo Creek

Mouth to Headwaters

0.0-0.6

Owsley

Buffalo Creek of South Fork of Kentucky River*

Mouth to Right Fork and Left Fork

0.0-1.6

Owsley

Cavanaugh Creek*

South Fork of Station Camp Creek to Foxtown Rd

0.0-8.3

Jackson

Chester Creek of Middle Fork of Red River*

Mouth to Headwaters

0.0-2.8

Wolfe

Clear Creek of Kentucky River*

Mouth to East Fork Clear Creek

0.0-9.0

Woodford

Clemons Fork of Buckhorn Creek*

 Mouth to Headwaters

0.0-4.8

Breathitt

Coles Fork of Buckhorn Creek*

Mouth to Headwaters

0.0-6.2

Breathitt

Craig Creek of Kentucky River*

Mouth to Unidentified Tributary

0.5-2.7

Woodford

Deep Ford Branch of Cutshin Creek

Above Pond to Headwaters

0.3-1.3

Leslie

Drennon Creek of Kentucky River*

Fivemile Creek to Town Branch

8.7-12.2

Henry

East Fork of Indian Creek of Indian Creek of Red River*

West Fork of Indian Creek to Headwaters

0.0-9.0

Menifee

Elisha Creek of Red Bird River*

Land Use Change (Residential) to the confluence of Right Fork and Middle Fork Elisha Creek

0.8-1.8

Leslie

Emily Run of Drennon Creek

Mouth to Unidentified Tributary

0.0-4.0

Henry

Evans Fork of Billey Fork of Millers Creek *

Mouth to Headwaters

0.0-3.0

Estill

Falling Rock Branch of Clemons Fork of Buckhorn Creek*

Mouth to Headwaters

0.0-0.7

Breathitt

Gilberts Creek of Kentucky River

Mouth to Unidentified Tributary

0.0 to 2.6

Anderson

Gladie Creek of Red River*

Land Use Change to Long Branch

0.35 to 7.3

Menifee

Goose Creek of South Fork of Kentucky River

Mouth to Laurel Creek

0.0-9.1

Clay, Leslie

Griers Creek of Kentucky River*

Kentucky River Backwaters to Unidentified Tributary

0.1 to 3.5

Woodford

Grindstone Creek of Kentucky River*

Kentucky River Backwaters to Headwaters

0.1 to 1.9

Franklin

Hardwick Creek of Red River

Mouth to Little Hardwick Creek

0.0-3.25

Powell

Hell For Certain of Middle Fork of Red River

Mouth to Big Fork

0.0-2.1

Leslie

Hines Creek of Kentucky River*

Kentucky River Backwaters to confluence with Unidentified Tributary

0.1 to 1.9

Madison

Honey Branch of Greasy Creek of Middle Fork of Kentucky River*

Mouth to Headwaters

0.0-1.35

Leslie

Hopper Cave Branch of Cavanaugh Creek*

Mouth to Headwaters

0.0-1.8

Jackson

Indian Creek of Eagle Creek*

Mouth to Headwaters

0.0 to 5.4

Carroll

Indian Fork of Sixmile Creek of Kentucky River*

Mouth to Headwaters

0.0-3.3

Shelby

John Carpenter Fork of Clemons Fork of Buckhorn Creek*

Mouth to Headwaters

0.0-1.2

Breathitt

Katies Creek of Red Bird River

Mouth to Headwaters

0.0-4.0

Clay

Laurel Fork of Left Fork Buffalo Creek of Buffalo Creek*

Cortland Fork to Big Branch

0.0-3.75

Owsley

Left Fork of Big Double Creek of Kentucky River*

Mouth to Headwaters

0.0-1.5

Clay

Line Fork of North Fork of Kentucky River*

Defeated Creek to Headwaters

12.2-28.6

Letcher

Little Middle Fork of Elisha Creek of Red Bird River*

Mouth to Headwaters

0.0-0.75

Clay

Little Millseat Branch of Clemons Fork of Buckhorn Creek*

Mouth to Headwaters

0.0-1.2

Breathitt

Little Sixmile Creek of Sixmile Creek of Kentucky River*

Mouth to Headwaters

0.0-5.3

Henry

Lower Howard Creek of Kentucky River

Mouth to West Fork

0.0-2.7

Clark

Lulbegrud Creek of Red River

Mouth to Falls Branch

0.0-7.3

Clark, Powell

Middle Fork of Kentucky River

Mouth to Upper Twin Creek

0.0-12.7

Lee, Owsley

Middle Fork of Kentucky River*

Hurts Creek to Greasy Creek

75.6-85.8

Leslie

Middle Fork of Red River

South Fork of Red River to Natural Bridge State Park Lake

1.8-7.2

Powell

Mikes Branch of Laurel Fork of Left Fork of Buffalo Creek

Mouth to Headwaters

0.0-0.7

Owsley

Mill Creek of Kentucky River*

Upstream of Mouth to Headwaters

0.5-8.3

Owen

Millseat Branch of Clemons Fork of Buckhorn Creek*

Mouth to Headwaters

0.0-1.85

Breathitt

Muddy Creek of Kentucky River*

Elliston, Kentucky to Viney Creek

13.8-20.65

Madison

Musselman Creek of Eagle Creek*

Mouth to Headwaters

0.0-9.0

Grant

Red Bird River of South Fork of Kentucky River

Mouth to Big Creek

0.0-15.3

Clay

Right Fork of Buffalo Creek of Kentucky River*

Mouth to Headwaters

0.0-11.75

Owsley

Right Fork of Elisha Creek of Redbird River

Mouth to Headwaters

0.0-3.3

Leslie

Roaring Fork of Lewis Fork of Buckhorn Creek*

Mouth to Headwaters

0.0-0.9

Breathitt

Rock Lick Creek of South Fork of Station Camp Creek*

Mouth to Headwaters

0.0-9.6

Jackson

Sand Ripple Creek of Kentucky River*

Kentucky River Backwaters to Headwaters

0.1-3.9

Henry

Severn Creek of Kentucky River*

Kentucky River Backwaters to North Fork of Severn Creek

1.35-3.0

Owen

Shaker Creek of Kentucky River

Near Mouth to Shawnee Run

0.1-1.4

Mercer

Shelly Rock Fork of Millseat Branch of Clemons Fork*

Mouth to Headwaters

0.0-0.6

Breathitt

Sixmile Creek of Kentucky River*

Little Sixmile Creek to Dam

7.1-15.3

Henry

South Fork of Kentucky River

Mouth to Sexton Creek

0.0-27.8

Owsley

South Fork of Red River

Mouth to Sandlick Fork

0.0-4.2

Powell

South Fork of Station Camp Creek of Kentucky River*

Mouth to Rock Lick Creek

0.0-9.7

Jackson

Spruce Branch of Redbird River*

Mouth to Headwaters

0.0-1.0

Clay

Station Camp Creek of Kentucky River*

Landuse Change to South Fork of Station Camp Creek

18.0-22.8

Estill

Steeles Run of Elkhorn Creek

Mouth to Unidentified Tributary

0.0-4.2

Fayette

Steer Fork of War Fork of Station Camp Creek*

Mouth to Headwaters

0.0-2.7

Jackson

Sturgeon Creek of Kentucky River*

Duck Fork to Little Sturgeon Creek

1.3-13.7

Lee, Owsley

Sugar Creek of Redbird River*

Landuse Change to Headwaters

0.6-5.4

Leslie

Sulphur Lick Creek of Elkhorn Creek

Mouth to Headwaters

0.0-5.2

Franklin

Unidentified Tributary of Cawood Branch of Beech Fork*

Mouth to Headwaters

0.0-2.1

Leslie

Unidentified Tributary of Cedar Creek of Kentucky River*

Mouth to Headwaters

0.0-1.4

Owen

Unidentified Tributary of Glenns Creek of Kentucky River*

Mouth to Headwaters

0.0 to 1.9

Woodford

Unidentified Tributary of Jacks Creek of Kentucky River*

Mouth to Headwaters

0.0-1.15

Madison

Unidentified Tributary of Kentucky River*

Land Use Change to Headwaters

0.1-1.4

Franklin

Unidentified Tributary of Line Fork of North Fork of Kentucky River* (LCW)

Mouth to Headwaters

0.0-0.6

Letcher

War Fork of Station Camp Creek*

Mouth to Headwaters

0.0-13.8

Jackson

Watches Fork of Laurel Fork of Left Fork of Buffalo Creek

Mouth to Headwaters

0.0-1.0

Owsley

Wolfpen Creek of Red River*

Mouth to Headwaters

0.0-3.6

Menifee

SALT RIVER BASIN

Brashears Creek of Salt River

Guist Creek to Bullskin and Clear Creek

13.0-25.9

Shelby, Spencer

Cedar Creek of Salt River*

Mouth to Greens Branch

0.0-5.2

Bullitt

Chaplin River of Salt River*

Thompson Creek to Cornishville, KY

40.9-54.2

Washington

Doctors Fork of Chaplin River

Mouth to Begley Branch

0.0-3.8

Boyle

Guist Creek of Brashears Creek

Mouth to Jeptha Creek

0.0-15.7

Spencer

Harts Run of Wilson Creek of Rolling Fork of Salt River*

Mouth to Headwaters

0.0-1.8

Bullitt

Indian Creek of Thompson Creek of Chaplin River of Salt River

Mouth to Unidentified Tributary

0.0-0.9

Mercer

Lick Creek of Long Lick Creek of Beech Fork of Salt River*

Mouth to 0.1miles below Dam

0.0-4.1

Washington

Otter Creek of Rolling Fork of Salt River*

Landuse Change to confluence of East Fork and Middle Fork Otter Creek

1.7-2.9

Larue

Overalls Creek of Wilson Creek of Rolling Fork of Salt River*

Mouth to Headwaters of Middle Fork of Overalls Creek

0.0-3.2

Bullitt

Salt Lick Creek of Rolling Fork of Salt River*

Mouth to Headwaters

0.0-8.6

Larue, Marion

Sulphur Creek of Chaplin River*

Mouth to confluence of Cheese Lick and Brush Creek

0.0-10.0

Anderson, Mercer, Washington

Unidentified Tributary of Glens Creek of Chaplin River

Mouth to Headwaters

0.0-2.3

Washington

West Fork of Otter Creek of Rolling Fork of Salt River*

Mouth to Headwaters

0.0-5.1

Larue

Wilson Creek of Rolling Fork of Salt River*

Mouth to Headwaters

0.0-18.4

Bullitt, Nelson

GREEN RIVER BASIN

Beaverdam Creek of Green River*

Mouth to Headwaters

0.0-14.5

Edmonson

Big Brush Creek of Green River

Brush Creek to Poplar Grove Branch

13.0-17.3

Green

Cane Run of Nolin River*

Nolin River Lake Backwaters to Headwaters

0.8-6.5

Hart

Caney Fork of Peter Creek*

Mouth to Headwaters

0.0-6.7

Barren

Clifty Creek of Rough River*

Barton Run to Western Kentucky Parkway

7.3-17.2

Grayson

Clifty Creek of Wolf Lick Creek*

Little Clifty Creek to Sulphur Lick

7.6-13.4

Todd

East Fork of Little Barren River*

Red Lick Creek to Flat Creek

18.9-20.7

Metcalfe

Elk Lick Creek

Duck Lick Creek to Barren Fork Creek and Edger Creek

3.6 to 11.8

Allen

Ellis Fork of Damron Creek*

Mouth to Headwaters

0.0-3.2

Adair, Russell

Falling Timber Creek of Skaggs Creek*

Landuse Change to Headwaters

10.8-15.2

Barren, Metcalfe

Fiddlers Creek of North Fork of Rough River*

Mouth to Headwaters

0.0-5.9

Breckinridge

Forbes Creek of Buck Creek of East Fork of Pond River*

Mouth to Unidentified Tributary

0.0-4.1

Christian

Gasper River of Barren River*

Clear Fork to Wiggington Creek

17.2-35.6

Logan, Warren

Goose Creek of Green River*

Mouth to Little Goose Creek

0.0-8.5

Casey, Russell

Green River

Downstream Mammoth Cave National Park Boundary to Lynn Camp Creek

185.0-250.3

Edmonson, Hart

Halls Creek of Rough River*

Unidentified Tributary to Headwaters

7.15-9.6

Ohio

Lick Creek of West Fork of Drakes Creek*

Mouth to Headwaters

0.0-10.2

Simpson

Linders Creek of Rough River*

Mouth to Sutzer Creek

0.0-7.9

Hardin

Little Beaverdam Creek of Green River*

Mouth to SR 743

0.0-11.65

Edmonson, Warren

Little Short Creek of Rough River*

Mouth to Headwaters

0.0-3.1

Grayson

Lynn Camp Creek of Green River*

Mouth to Lindy Creek

0.0-8.5

Hart

McFarland Creek of West Fork of Pond River*

Grays Branch to Unidentified Tributary

1.5-5.0

Christian

Meeting Creek of Rough River*

Little Meeting Creek to Petty Branch

5.2-14.0

Grayson, Hardin

Muddy Creek of Caney Creek of Rough River*

Landuse Change to Headwaters

13.0-15.5

Ohio

North Fork of Rough River*

Buffalo Creek to Reservoir Dam

22.1-26.9

Breckinridge

Peter Creek of Barren River*

Caney Fork to Dry Fork

11.6-18.5

Barren

Pond Run of Rough River*

Landuse Change to Headwaters

1.4-6.8

Breckinridge, Ohio

Puncheon Creek

Mouth to Tennessee State Line

0.0-3.8

Logan

Rough River*

Linders Creek to Vertrees Creek

138.0-149.4

Hardin

Russell Creek of Green River*

Mouth to Columbia WWTP

0.0-40.0

Green, Adair

Russell Creek of Green River*

Reynolds Creek to confluence with Hudson Creek and Mount Olive Creek

56.9-66.3

Adair, Russell

Sixes Creek of Indian Camp Creek*

Wild Branch to Headwaters

2.0-7.5

Ohio

Sulphur Branch of Alexander Creek*

Mouth to Headwaters

0.0-3.0

Edmonson

Thompson Branch of West Fork of Drakes Creek

Webb Branch to Tennessee State Line

0.3-1.5

Simpson

Trammel Creek of Drakes Creek*

Mouth to Tennessee State Line

0.0-30.6

Allen, Warren

Unidentified Tributary of Green River*

Landuse Change to Headwaters

1.7-3.2

Adair

Unidentified Tributary of White Oak Creek*

Hovious Rd Crossing to SR 76

0.4-2.9

Adair

West Fork of Pond River*

Unidentified Tributary to East Branch of Pond River

12.45-22.5

Christian

LOWER CUMBERLAND RIVER BASIN

Crooked Creek of Cumberland River*

Energy Lake Backwaters to Headwaters

3.0-9.4

Trigg

Donaldson Creek of Cumberland River*

Craig Branch to Unidentified Tributary

3.2-7.2

Trigg

Elk Fork of Red River of Cumberland River*

Tennessee State Line to Dry Branch

7.5-23.1

Todd

Sugar Creek of Cumberland River*

Lick Creek to Unidentified Tributary

2.2-6.9

Livingston

West Fork of Red River of Cumberland River*

Tennessee State Line to Montgomery Creek

16.1-26.5

Christian

Whippoorwill Creek of Red River of Cumberland River*

Mouth to Vicks Branch

0.0-13.2

Logan

TENNESSEE RIVER BASIN

Blood River of Kentucky Lake (Tennessee River)*

McCullough Fork to Tennessee State Line

15.15-18.7

 

Calloway

Clarks River of Tennessee River

Persimmon Slough to Middle Fork Creek

28.7-30.7

Marshall

Grindstone Creek of Kentucky Lake (Blood River of Tennessee River)*

Kentucky Lake Backwaters to Headwaters

0.7-2.9

Calloway

Panther Creek of Kentucky Lake (Blood River of Tennessee River)*

Kentucky Lake Backwaters to Headwaters

0.5-5.7

Calloway

Soldier Creek of West Fork of Clarks River*

Mouth to South Fork of Soldier Creek

0.0-5.7

Marshall

Sugar Creek of Kentucky Lake (Tennessee River)*

Kentucky Lake Backwaters to Buzzard Roost Road

2.5-3.2

Calloway

Sugar Creek of West Fork Clarks River*

Mouth to Unnamed Reservoir

0.0-3.9

Graves

Trace Creek of West Fork of Clarks River*

Mouth to Neeley Branch

0.0-3.35

Graves

Unidentified Tributary of Unidentified Tributary of Panther Creek of West Fork of Clarks River*

Mouth to Headwaters

0.0-1.7

Graves

West Fork of Clarks River*

Soldier Creek to Duncan Creek

20.1-23.5

Graves

Wildcat Creek of Kentucky Lake (Blood River of Tennessee River)*

Ralph Wright Road Crossing to Headwaters

2.8-6.8

Calloway

TRADEWATER RIVER BASIN

East Fork of Flynn Fork of Tradewater River*

Landuse Change to Headwaters

2.15-4.6

Caldwell

Piney Creek of Tradewater River*

Lake Beshear Backwaters to Headwaters

4.5-10.2

Caldwell, Christian

Sandlick Creek of Tradewater River*

Camp Creek to Headwaters

4.5-8.6

Christian

Tradewater River*

Dripping Springs Branch to Buntin Lake Dam

126.2-133.9

Christian

Unidentified Tributary of Piney Creek of Tradewater River*

Mouth to Headwaters

0.0-2.9

Caldwell

Unidentified Tributary of Sandlick Creek of Tradewater River*

Mouth to Headwaters

0.0-1.4

Christian

OHIO RIVER BASIN

(Minor Tributaries)

Crooked Creek*

Rush Creek to City Lake Dam

18.1-26.4

Crittenden

Double Lick Creek of Woolper Creek*

Mouth to Headwaters

0.0-3.5

Boone

Garrison Creek*

Mouth to Headwaters

0.0-4.85

Boone

Kinniconick Creek*

McDowell Creek to Headwaters

5.2-50.9

Lewis

Little South Fork of Big South Fork

Land Use Change to Headwaters

1.2-5.8

Boone

Middle Fork of Massac Creek*

Hines Road to Headwaters (Pond)

3.1-6.4

McCracken

Second Creek*

Ohio River Backwaters to Headwaters

0.4-2.9

Boone

Unidentified Tributary of Big Sugar Creek*

I-71 to Headwaters

1.0-1.8

Gallatin

Unidentified Tributary of Corn Creek*

Mouth to Headwaters

0.0-2.3

Trimble

Unidentified Tributary of Massac Creek*

Mouth to Headwaters

0.0-1.7

McCracken

West Fork of Massac Creek*

SR 724 to Little Massac Creek

3.6-6.2

McCracken

Yellowbank Creek*

Ohio River Backwaters to Headwaters

2.0-12.0

Breckinridge

LAKE

Metropolis

Entire Lake

 

McCracken

MISSISSIPPI RIVER BASIN

(Main Stem and Minor Tributaries)

Jackson Creek*

Mouth to Headwaters

0.0-3.0

Graves

Obion Creek*

Hurricane Creek to Little Creek

26.7-37.1

Hickman

Terrapin Creek*

Tennessee State Line to Confluence of East and West Forks

2.7-6.0

Graves

LAKES

Murphy's Pond

Entire Pond and Preserve Area

 

Hickman

Swan

Entire Lake

 

Ballard

UPPER CUMBERLAND RIVER BASIN

Bad Branch of Poor Fork of Cumberland River*

Mouth to Headwaters

0.0-3.0

Letcher

Bark Camp Creek of Cumberland River*

Mouth to Martins Fork

0.0-4.0

Whitley

Beaver Creek of Cumberland River*

Lake Cumberland Backwaters to confluence of Freeman Fork and Middle Fork

2.4-7.1

McCreary

Bee Lick Creek of Brushy Creek of Buck Creek

Mouth to Warren Branch

0.0-5.7

Pulaski

Brownies Creek of Cumberland River*

Blacksnake Branch to Headwaters

9.3-16.75

Bell, Harlan

Brush Creek of Roundstone Creek *

Wolf Creek to Reemergence of Sinking Creek

1.1-7.6

Rockcastle

Brushy Creek of Buck Creek*

Mouth to Headwaters

0.0-16.5

Pulaski

Buck Creek of Cumberland River*

0.8 river mile upstream of confluence of Hurricane Creek to Lake Cumberland Backwaters

11.7-55.0

Lincoln, Pulaski

Bunches Creek of Cumberland River*

Mouth to confluence of Amos Falls Branch and Seminary Branch

0.0-3.3

Whitley

Cane Creek of Rockcastle River*

Mouth to Headwaters

0.0-11.85

Laurel

Clifty Creek of Brushy Creek of Buck Creek

Mouth to Rocky Branch

0.0-2.7

Pulaski

Cogur Fork of Indian Creek*

Mouth to Headwaters

0.0-7.95

McCreary

Cumberland River

Wild River Boundaries

549.65-566.1

McCreary, Whitley

Dog Slaughter Creek of Cumberland River*

Mouth to confluence of North Fork and South Fork of Dog Slaughter Creek

0.05-1.15

Whitley

Eagle Creek of Cumberland River*

Mouth to Headwaters

0.05-6.75

McCreary

Fugitt Creek of Clover Fork of Cumberland River*

Landuse Change to Headwaters

0.5-4.6

Harlan

Horse Lick Creek of Rockcastle River*

Mouth to Clover Bottom

0.0-12.3

Jackson, Rockcastle

Howards Creek of Illwill Creek of Wolf River*

Dale Hollow Reservoir Backwaters to Headwaters

0.6-4.6

Clinton

Indian Creek of Cumberland River*

Laurel Fork to Barren Fork

2.4-6.8

McCreary

Jackie Branch of Bark Camp Creek*

Mouth to Headwaters

0.0-1.65

Whitley

Kilburn Fork of Indian Creek

Mouth to Headwaters

0.0-7.2

McCreary

Laurel Creek of Marsh Creek

Mouth to Laurel Creek Dam

0.0-9.0

McCreary

Laurel Fork of Clear Fork of Cumberland River*

Tennessee State Line to Tiny Branch

4.3-13.1

Whitley

Laurel Fork of Middle Fork of Rockcastle River*

Mouth to Headwaters

0.0-12.3

Jackson

Left Fork of Fugitt Creek of Clover Fork of Cumberland River

Mouth to Headwaters

0.0-1.5

Harlan

Little South Fork of Cumberland River*

Lake Cumberland Backwaters to Langham Branch

4.4-35.5

McCreary, Wayne

Marsh Creek of Cumberland River*

Laurel Creek to Kentucky/Tennessee State Line

8.8-26.5

McCreary

Martins Fork of Cumberland River

Rough Branch to Headwaters

27.2-32.7

Harlan

McFarland Creek of Cumberland River

Little McFarland Creek to Spring Branch

0.8-6.2

Monroe

Meshack Creek of Cumberland River

Mouth to Pitcock Branch

0.0-2.8

Monroe

Middle Fork of Rockcastle River*

Mouth to confluence of Indian Creek and Laurel Fork

0.0-7.9

Jackson

Mud Camp Creek of Cumberland River*

Mouth to Collins Branch

0.0-1.2

Cumberland

Mud Camp Creek of Cumberland River*

Unidentified Tributary to Headwaters

3.8-8.8

Cumberland, Monroe

Otter Creek of Cumberland River

Lake Cumberland Backwaters to Carpenter Fork

14.0-22.1

Wayne

Poor Fork of Cumberland River*

Franks Creek to Headwaters

42.1-52.4

Letcher

Presley House Branch of Poor Fork of Cumberland River*

Mouth to Headwaters

0.0-1.5

Letcher

Puncheoncamp Branch of Rock Creek of South Fork of Cumberland River*

Mouth to Headwaters

0.0-1.85

McCreary

Rock Creek of South Fork of Cumberland River*

White Oak Creek to Tennessee State Line

4.0-21.5

McCreary

Rockcastle River

Wild River Boundaries

8.95-54.7

Laurel, Pulaski

Shillalah Creek of Clear Fork of Yellow Creek*

Mouth to Headwaters

0.0-5.5

Bell

Sinking Creek of Rockcastle River*

Mouth to White Oak Creek

0.0-9.9

Laurel

Sulphur Creek of Wolf River of Obey River*

Dale Hollow Reservoir Backwaters to Headwaters

1.7-5.1

Clinton

South Fork of Dog Slaughter Creek of Cumberland River*

Mouth to Headwaters

0.0-4.6

Whitley

South Fork of Rockcastle River

Mouth to White Oak Creek

0.0-5.8

Laurel

Unidentified Tributary (across from Hemlock Grove) of Rock Creek of South Fork of Cumberland River*

Mouth to Headwaters

0.0-1.3

McCreary

Unidentified Tributary (RMI 17.0 of Rock Creek) of Rock Creek of South Fork of Cumberland River*

Mouth to Headwaters

0.0-1.2

McCreary

Watts Branch of Rock Creek of South Fork of Cumberland River*

Mouth to Headwaters

0.0-2.6

McCreary

Watts Creek of Cumberland River*

Camp Blanton Reservoir to Headwaters

2.4-4.4

Harlan

*Waterbodies in the cabinetís reference reach network

††††† (a) Categorization criteria. A surface water shall be categorized as an exceptional water if any of the following criteria are met:

††††† 1. Surface water is designated as a Kentucky Wild River and is not categorized as an outstanding national resource water;

††††† 2. Surface water is designated as an outstanding state resource water as established in 401 KAR 10:031, Section 8(1)(a)1, 2, and 3 and Section 8(1)(b);

††††† 3. Surface water contains either of the following:

††††† a. A fish community that is rated "excellent" by the use of the Index of Biotic Integrity included in Development and Application of the Kentucky Index of Biotic Integrity (KIBI), 2003; or

††††† b. A macroinvertebrate community that is rated "excellent" by the Macroinvertebrate Bioassessment Index included in "The Kentucky Macroinvertebrate Bioassessment Index," 2003; or

††††† 4. Surface water in the cabinet's reference reach network.

††††† (b) Implementation procedure. The implementation procedure for exceptional water shall be as established in subsection (3)(b) of this section.

††††† (3) High quality water.

††††† (a) Categorization criteria.

††††† 1. A surface water shall be categorized as high quality water if the surface water is not listed as an outstanding national resource water or an exceptional water in Table 1 or 2 of this section and if the surface water does not meet the criteria for impaired water as provided for in subsection 4(a) of this section.

††††† 2. A surface water shall be categorized as a high quality water if the surface water is listed as an outstanding state resource water in 401 KAR 10:026 and is not listed as an outstanding national resource water in Table 1 or an exceptional water in Table 2 of this section.

††††† (b) Implementation procedure. A KPDES permit application for a new or expanded discharge into a high quality or exceptional water shall be subject to the provisions of this paragraph. Existing instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected.

††††† 1. The activities identified in this subparagraph shall not be subject to the antidegradation implementation procedures in paragraph (b) of this subsection.

††††† a. The renewal of a KPDES permit that does not authorize pollutant loading to the receiving stream in excess of that previously authorized;

††††† b. An increase in pollutant loading within the limits previously approved by the KPDES permit; or

††††† c. A new or expanded discharge that the applicant demonstrates shall not consume more than ten (10) percent of the available assimilative capacity of the receiving stream outside of a designated mixing zone or zone of initial dilution for each new or increased pollutant in the discharge. The cumulative impact of this category of discharges shall not consume more than ten (10) percent of the available assimilative capacity of the receiving stream outside of a designated mixing zone or zone of initial dilution.

††††† 2. The activities identified in clauses a. through d. of this subparagraph shall constitute compliance with the alternatives and socioeconomic analysis requirements if addressed in the manner established in this subparagraph rather than as established in subparagraph 3. of this paragraph, unless the permittee chooses to satisfy applicable antidegradation requirements pursuant to subparagraph 3. of this paragraph.

††††† a. A general permit issued pursuant to 401 KAR 5:050 through 5:080.

††††† (i) The cabinet may, upon receipt of a notice of intent to be covered under a general permit, require additional analyses or other information if necessary to comply with antidegradation requirements.

††††† (ii) If the activity permitted by the general permit may result in a lowering of water quality, the cabinet shall describe in the Fact Sheet how the general permit complies with the alternatives analysis and socioeconomic demonstration requirements of subparagraph 3.a. and b. of this paragraph upon each general permit issuance.

††††† (iii) If the requirements and conditions in a general permit will prevent a lowering of water quality, the cabinet shall describe in the Fact Sheet that the general permit complies with the antidegradation policy established in 401 KAR 10:029, Section 1.

††††† (iv) The public shall be notified of an activity granted coverage under a general permit on the cabinetís Web page, which shall include the facility name, location, and receiving water.

††††† b. The approval of a POTWís regional facility plan pursuant to 401 KAR 5:006 shall constitute compliance with the alternatives analysis and socioeconomic demonstration for a regional facility.

††††† c. A new or expanded discharge associated with a project identified in the Kentucky Transportation Cabinetís six (6) year road plan, as established in KRS 176.430.

††††† (i) The alternatives analysis for lowering water quality requirement shall be satisfied if an alternatives analysis for the project has been submitted.

††††† (ii) The socioeconomic demonstration shall be satisfied if the project has been approved by the General Assembly and included in the Kentucky Transportation Cabinetís six (6) year road plan and evaluated pursuant to the provisions of KRS 176.430(4)(i).

††††† (iii) An antidegradation review shall not be required for maintenance of existing highway facilities.

††††† d. An individual MS4 permit issued pursuant to 401 KAR 5:050 through 5:080.

††††† (i) If the activity permitted by the MS4 permit may result in a lowering of water quality, the cabinet shall describe in the Fact Sheet how the MS4 permit complies with the alternatives analysis and socioeconomic demonstration requirements of subparagraph 3.a. and b. of this paragraph.

††††† (ii) If the requirements and conditions in the MS4 permit will prevent a lowering of water quality, the cabinet shall describe in the Fact Sheet that the MS4 Permit complies with the antidegradation policy established in 401 KAR 10:029, Section 1..

††††† 3. An application for a KPDES permit subject to this paragraph shall contain information demonstrating that the lowering of water quality is necessary to accommodate important economic or social development in the area in which the water is located.

††††† a. The socioeconomic demonstration shall consider the following factors:

††††† (i) The boundaries of the affected community;

††††† (ii) The potential effect on employment, including a comparison of local unemployment rates and state and national unemployment rates;

††††† (iii) The potential effect on median household income levels, including a comparison of the present median household income level, projected median household income level, and number of households affected in the defined community;

††††† (iv) The potential effect on tax revenues, including current tax revenues in the affected community compared to projected increase in tax revenues generated by the permitted project;

††††† (v) The potential effect of the facility on the environment and public health; and

††††† (vi) Other potential economic or social effect to the community that the applicant includes in the application.

††††† b. The alternatives analysis shall consider the following factors:

††††† (i) Pollution prevention measures, such as changes in plant processes, source reductions, or substitution with less toxic substances;

††††† (ii) The use of best management practices to minimize impacts;

††††† (iii) Recycle or reuse of wastewater, waste by-products, or production materials and fluids;

††††† (iv) Application of water conservation methods;

††††† (v) Alternative or enhanced treatment technology;

††††† (vi) Improved operation and maintenance of existing treatment systems;

††††† (vii) Seasonal or controlled discharge options;

††††† (viii) Land application or infiltration to capture pollutants and reduce surface runoff, on-site treatment, or alternative discharge locations; and

††††† (ix) Discharge to other treatment facilities.

††††† c. Information required pursuant to this subparagraph shall be submitted on the Socioeconomic Demonstration and Alternatives Analysis form.

††††† 4. A permit applicant who has failed to demonstrate the necessity and social or economic development importance for lowering water quality shall not receive a permit unless:

††††† a. The applicant demonstrates, through a revised submission, the necessity for lowering revised water quality in accordance with subparagraph 3. of this paragraph; or

††††† b. The applicant demonstrates that the discharge can meet the requirements established in subparagraph 1.c. of this paragraph.

††††† 5. A permit applicant who demonstrates the necessity and social or economic development importance for lowering water quality shall meet the requirements of the KPDES program, 401 KAR 5:050 through 5:080.

††††† 6. The cabinetís determination shall be documented in the permit Fact Sheet and included in the administrative record for the permit or action.

††††† (4) Impaired water.

††††† (a) Categorization criteria. A surface water categorized as impaired for applicable designated uses shall be a water identified pursuant to 33 U.S.C. 1315(b).

††††† 1. Surface water categorized as impaired shall be assessed by the cabinet as not fully supporting any applicable designated uses.

††††† 2. A surface water shall not be categorized as impaired water if the surface water is listed as an outstanding state resource water in 401 KAR 10:026.

††††† 3. A surface water shall not be categorized as impaired for the purposes of this administrative regulation if the surface water is listed only as mercury impaired for fish consumption.

††††† (b) Implementation procedure.

††††† 1. All existing uses shall be protected and the level of water quality necessary to protect those existing uses shall be assured in impaired water.

††††† 2. The process to allow a discharge into an impaired water and to assure protection of the water shall be regulated by the requirements in the Kentucky Pollution Discharge Elimination System Program, 401 KAR 5:050-5:080.

 

††††† Section 2. Procedure for Recategorizing Water. This section shall apply to the recategorization of surface water to outstanding national resource water and exceptional water. The redesignation of water to outstanding state resource water shall be governed by the procedures in 401 KAR 10:026.

††††† (1) The cabinet may propose to recategorize certain water to outstanding national resource water and exceptional water if the water meets the criteria set forth in Section 1(1)(a) or (2)(a) of this administrative regulation.

††††† (a) If the cabinet proposes to recategorize these waters, it shall provide notice and an opportunity for public hearing.

††††† (b) The cabinet shall provide the documentation requirements of this section for those surface waters it proposes to recategorize.

††††† (2) A person may request recategorization of a surface water to an outstanding national resource water or exceptional water by filing a petition with the cabinet.

††††† (a) The petition shall include the name and address of the petitioner and the information and documentation necessary to recategorize the particular water as required by subsection (4) of this section.

††††† (b) The petitioner shall have the burden of proof that the recategorization is appropriate.

††††† (c) The cabinet shall provide notice of the petition and an opportunity for a public hearing.

††††† (d) The cabinet shall review the petition, supporting documentation, and any comments received from the public to determine if the proposed water qualifies for recategorization.

††††† (e) The cabinet shall document the determination to grant or deny recategorization as a result of a petition, and shall provide a copy of the decision to the petitioner and other interested parties.

††††† (3) If a water is to be recategorized, the cabinet shall publish notice of the recategorization.

††††† (a) A permit issued after the date of publication shall be issued with limitations based on the new category.

††††† (b) When the cabinet reviews its water quality standards pursuant to the provisions of Section 303 of the Clean Water Act, 33 U.S.C. 1313, the cabinet shall propose to have all recategorized water promulgated as an amendment to this administrative regulation.

††††† (4) The following information, documentation, and data shall support a petition for recategorization:

††††† (a) A petition for outstanding national resource water shall include:

††††† 1. A USGS 7.5 minute topographic map or its equivalent showing those surface waters to be recategorized including a description consisting of a river mile index with any existing and proposed discharge points;

††††† 2. Existing uses and water quality data for the surface water for which the recategorization is proposed. If adequate data are unavailable, additional studies shall be required by the cabinet;

††††† 3. Descriptions of general land uses and specific land uses adjacent to the surface water for which the recategorization is proposed;

††††† 4. The existing and designated uses of the water upstream and downstream of the proposed recategorized water;

††††† 5. General physical characteristics of the surface water including width, depth, bottom composition, and slope;

††††† 6. The frequency of occasions when there is no natural flow in the surface water and the 7Q10 and harmonic mean flow values for the surface water and adjacent surface waters;

††††† 7. An assessment of the existing and potential aquatic life habitat in the surface water under consideration and the adjacent upstream surface waters. The existing aquatic life shall be documented including the occurrence of individuals or populations, indices of diversity and well-being, and abundance of species of any unique native biota;

††††† 8. A documented rationale as to why the water qualify for the recategorization; and

††††† 9. The rationale used to support the national significance of the water.

††††† (b) A petition for exceptional water shall include the following:

††††† 1. A United States Geological Survey 7.5 minute topographic map or its equivalent showing the surface water to be recategorized including a description consisting of a river mile index with existing and proposed discharge points;

††††† 2. Descriptions of general land uses, including:

††††† a. Mining;

††††† b. Agriculture;

††††† c. Recreation;

††††† d. Low, medium, and high density residential, commercial, or industrial uses; and

††††† e. Specific land uses adjacent to the surface water for which the recategorization is proposed;

††††† 3. The frequency of occasions when there is no natural flow in the surface water and the 7Q10 and annual mean flow values for the surface water; and

††††† 4. Fish or benthic macroinvertebrate collection data and an Index of Biotic Integrity or Macroinvertebrate Bioassessment Index calculation from a waterbody if criteria specified in Section 1(2)(a)3 of this administrative regulation are utilized.

 

††††† Section 3. Incorporation by Reference. (1) The following material is incorporated by reference:

††††† (a) "Development and Application of the Kentucky Index of Biotic Integrity (KIBI)", 2003, Kentucky Division of Water, Environmental and Public Protection Cabinet;

††††† (b) "The Kentucky Macroinvertebrate Bioassessment Index", 2003, Kentucky Division of Water, Environmental and Public Protection Cabinet; and

††††† (c) "Socioeconomic Demonstration and Alternative Analysis", KPDES Form SDAA, April 2009.

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Water, 200 Fair Oaks Lane, Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m. (21 Ky.R. 2843; Am. 89; 280; eff. 7-12-95; 26 Ky.R. 145; 819; 1144; eff. 12-8-99; 30 Ky.R. 1024; 1801; 31 Ky.R. 558; eff. 9-8-2004; TAm eff. 8-9-2007, Recodified from 401 KAR 5:030, 6-11-08; 35 Ky.R. 161; 908; 36 Ky.R. 31; eff. 7-30-2009; 37 Ky.R. 2071; 2655; eff. 8-5-2011.)