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 cabinet’s 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 cabinet’s Web page,
which shall include the facility name, location, and receiving water.
b. The approval of a POTW’s 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 Cabinet’s 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 Cabinet’s 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 cabinet’s 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.)
