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EPA Region 7 TMDL Review
TMDL ID: KS-MC-01-578 29 State; KS
Document Name: SALT CREEK DO
Basin(s): MARAIS DES CYGNES BASIN
HUC(s): 10290101
Water body(ies): JERSEY CR, MUTE CR, SALT CR
Tributary(ies): JERSEY CREEK (76), MUTE CREEK (92)
Pollutants): BIOCHEMICAL OXYGEN DEMAND (BOD). DISSOLVED OXYGEN, TOTAL
ORGANIC CARBON (TOC)
Submittal Date: 6/10/2013 Approved: Yes
Submittal Letter and Total Maximum Daily Load Revisions
The state submittal tetter indicates final TMDL(s) for specific poUutant(s) and water (s) were adopted by the state,
and submitted to the EPA for approval under Section 303(d) of the Clean Water Act [40 CFR § 130,7(c)(1)].
Include date submitted letter was received by the EPA, date of receipt of any revisions and the date oforiginal
approval if submittal is a revised TMDL document.
This TMDL document was submitted by the Kansas Department of Health and Environment as an email
attachment on June 10,2013. After comments from the U. S. Environmental Protection Agency, modified final
TMDL documents were submitted as email attachments on October 23, 29 and November 6, 2013.
Water Quality Standards Attainment
The targeted pollutant is validated and identified through assessment and data. The water body's loading
capacity for the applicable pollutant is identified and the rationale for the method used to establish the cause-and
effect relationship between the numeric target and the identified pollutant sources is described. The
TMDL(s) and associated allocations are set at levels adequate to result in attainment of applicable water quality
standards [40 CFR § 130.7(c)(1)], A statement that the IVQS will be attained is made.
This TMDL document addresses the dissolved oxygen impairment for the Salt Creek watershed, which includes
Mute and Jersey Creeks. The majority of the impairments associated with the dissolved oxygen deficiency were
observed in the Summer-Fail season during low flow conditions. More specifically, the majority of the
impairments occurred during the month of August. Stream temperatures also influence dissolved oxygen
concentrations in Salt Creek where higher temperatures along with the low flow condition are common
with dissolved oxygen
deficiencies. There is a positive relationship between dissolved oxygen and pH in Salt Creek- The pH values were
generally higher with elevated dissolved oxygen concentrations and decreased with lower dissolved oxygen
concentrations.
The TMDLs are concentration-based TMDLs. All stream segments within the watershed must maintain a
dissolved oxygen concentration of 5 milligrams per liter or more. Generally higher biological oxygen demand
and total organic carbon concentrations indicate that more oxygen will be consumed by an ecosystem, which may
result in an oxygen deficient stream as the population increases among microorganism communities. Total
organic carbon will be allocated under these TMDLs as the pollutant to meet the dissolved oxygen TMDLs,
though ultimately success of these TMDLs will be measured through instream dissolved oxygen compliance.
The ultimate endpoint for these TMDLs will be to achieve the Kansas water quality standards fully supporting
the aquatic life, indicated by dissolved oxygen concentrations of 5 mg L or more. At the average flow condition
of 66.1 cubic feet per second, the loading capacity is 2,648.49 pounds per day. Loading capacities at all flow
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conditions are found in Table 8 within the TMDL document. Achievement of the cndpomt indicates any loads of
oxygen demanding substance are within the loading capacity of the stream, water quality standards are attained
and full support of the designated uses of the stream have been restored.
The allocations in this TMDL document should result in the water meeting water quality standards.
Designated Use(i), Applicable Water Quality Standard(s) and Numeric Ttrget(s)
The submittal describes applicable water quality standards, including beneficial uses, applicable numeric and for
narrative criteria, and a numeric target If (he TMDL(s) is bused on a target other {hurt a numeric water quality
criterion, then a numeric expression, site specific if possible, was dweloped from a narrative criterion and n
description of the process used to derive the target is included in the submittal
Salt Creek (29) is designated for expected aquatic life, primary contact recreation class C. drinking water supply,
food procurement, groundwater recharge, industrial irrigation watering and livestock watering.
Mute Creek (92) is designated for expected aquatic life, secondary contact recreation class b. irrigation watering
and livestock watering.
Jersey Creek (76) is designated for expected aquatic life, secondary contact recreation class b and food
procurement.
The impaired use is expected aquatic life support. All uses have been considered and are protected at the
5.0 milligrams per liter numeric dissolved oxygen target.
The water quality standard: The concentration of dissolved oxygen shall not be lowered by the influence of
artificial sources of pollution. Dissolved oxygen: 5 mg/L (K.A.R. 28-16-28e{d), Table Ig).
The TMDLs and allocations assigned to the Salt Creek watershed arc illustrated in Table 8 within the TMDL
document. The total organic carbon loading capacity under average flow conditions is 2.648.49 pounds per dav
for SC578.
Pollutant(s) of Concern
.4 statement that the relationship is either directly related to a numeric water quality standard, or established using
surrogates aid translations to a narrative HQS is included. An explanation and analytical basis for expressing the
TMDL(s) through surrogate measures, or by translating a narrative water quality standard to a numeric target is
provided (e.g., parameters Mich as percent fines and turbidity for sediment impairments, or chlorophyll-a and
phosphorus loadings for excess algae). For each identified pollutant, the submittal describes analytical basis for
conclusions, allocations and a margin of safety that do not exceed the loading capacityIf the submittal is a
revised TMDL document, there are refined relationships linking the load to water quality standard attainment If
there is an increase in the TMDL(s), there is a refined relationship specified to validate that increase (either bad
allocation or wasteioad allocation). This section will compare and validate the change in targeted load between
the versions.
There is a direct link between the numeric dissolved oxygen standard and ultimate success of these TMDLs
through measured instrcam dissolved oxygen compliance. Total organic carbon will be allocated under these
TMDLs as the pollutant established to meet the dissolved oxygen TMDLs.
The KDHE discontinued sampling for biological oxygen demand in 2001 and began using TOC analyses in late
2000 in lieu of BOD, The KDHE conducted analyses in 2000 to determine if TOC concentrations could be used
as a surrogate for BOD and whether a statistical translation could be made for this expression. The KDHE used
675 paired sets of data in the analyses and concluded that there are relationships in the stream data. The data
suggest that for effluent and point source related waters, the BOD/TOC ratio is almost one-to-one. Ambient
waters have much lower ratios suggesting that a portion of the TOC is in more refractor)'' substances (i.e., cell
walls, iignin, cellulose, etc.). The analysis of die paired ambient stream data was used for this report.
Generally higher BOD and TOC concentrations indicate that more oxygen will be consumed by an ecosystem,
which may result in an oxygen deficient stream as the population increases among microorganism communities,
The TOC will be allocated based on the data set of compliant ambient samples at SC57S, wills an average TOC
concentration of 7.6 milligrams per liter of TOC being allocated under all flow conditions. Stream BOD will be
allocated for the wasteioad allocation based on respective national pollutant discbarge elimination system permit
BOD limits at the present time. The average BOD can be converted by the site specific ratio of 0.37 to average
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assigned to the facility must not result in an exceedaace of the sum of die WLAs in this TMDL document as
approved,
Households outside of the cities of Lyndon and Osage City are presumably using on-site septic systems. The
Spreadsheet Tool for Estimating Pollutant Load was used to identify the number of septic systems within the
HUCI2s within the watershed. According to STL PL, there are approximately 389 septic systems within the Salt
Creek watershed with an anticipated failure rate of 0,93 percent. Onsite septic systems are likely an insignificant
source contributing to the dissolved oxygen impairment within the Salt Creek watershed,
The natural hydrolngic characteristics of the watershed influence dissolved oxygen concentrations during periods
of low flow that are prevalent during the warmer summer months Leaf litter and wastes derived from natural
wildlife inav add to the nutrient load.
Based on the assessment the dissolved oxygen deficiencies are driven by low flow conditions and higher stream
temperatures. Deficiencies that occur during these conditions are likely natural occurrences based on the
hydrodynamics of the stream system since the stream is likely lacking sustained flows during these periods.
During these conditions the aquatic life use is ultimately impaired by the lack of flow, which may be
accompanied by the pooling of water within the streambed
All known sources have been considered.
Allocation - Loading Capacity
The submittal identifies appropriate loading capacities, w asteiond allocations for point sources mid load
allocations for mnpoim sources. If no point sources are present, the fVL4 is stated as zero. If no ncmpmnt sources
arc present, the LA is staled as zero [40 CFR § I30.2(i)j. If this is a revised TMDL document (he change in
loading capacity will be documented in tins section All TMDLs must give a daily number. Establishing
TMDL "daily" loads consistent with the U.S. Court of Appeals for she D.C, circuit decision in Friends of the
Earth, Inc. v. EPA, ei al, No. 05-5015, (April 25, 2006).
The TMDLs and allocations assigned to the Salt Creek watershed are illustrated in Table 8 within the TMDL
document. The total organic carbon loading capacity under average flow conditions is 2,648.49 pounds per day
for SC578, The wasteload allocations, load allocations and margins of safety are detailed below.
Wasteloatl Allocation Comment
The submittal lists individual wasteload allocations for each identified point source [40 CFR § 130.2(h)]. If a WLA
is not assigned it must be shown that the discharge does not cause or contribute to a water quality
standard excursion, the source is contained in a general permit addressed by the TMDL, or extenuating
circumstances exist which prevent assignment of individual WLA Any such exceptions must be explained to a
satisfactoiy degree. If a WLA of zero is assigned to any facility it must he stated as such [40 CFR § I30.2(i)J. If
this is a revised TMDL document, any differences between the original TMDL(s) (FLA and the revised WLA will be
documented in this section.
Since the dissolved oxygen deficiencies are associated with critically low flow events from June - October, it is
possible that point sources are riot contributing to the dissolved oxygen impairment- Wasiefoad allocations were
assigned to the two wastewater treatment facilities based on 30 milligrams per liter biological oxygen demand
monthly averages and the design flow for these facilities.
The total WLA is 111.5 pounds per day of BOD. Based on the discharge monitoring reports, the cities of Lyndon
and Osage City have BOD averages in their effluent well below the established limits. The equivalent total
organic carbon WLA for these two facilities is 301,4 lb/day. This translates to an in-stream TGC WLA of 27.5?
lb/day at all flow conditions. This is based on the design flows for the facilities and the compliant TOC
concentrations at SC578 The WLA associated with the city of Lyndon enters Salt Creek below the KDBE
sampling station SC578. The WLA is zero for the other two permitted facilities within the watershed.
For the citv of Lyndon, the WLA is 37.6 lb/day BOD and 101.6 lb day TOC, For Osage Citv, die WLA is
73.9 lb/day BOD and 199.8 lb/day TOC.
Load Allocation Comment
All nonpoint source loads, natural background and potential for future growth are included. If no nonpomt
sources are identified. the load allocation must be given as zero [40 CFR § J30.2(gi], If this is a revised TMDL
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IOC,
Source Analysis
Important assumptions made in developing the TMDL document, such as assumed distribution of (and use in the
watershed, population characteristics, wildlife resources and other relevant information affecting (he
charactei izatton of the pollutant of concern and its allocation to sources, are described. Point, nonpoint and
background sources of pollutants of concern are described, including magnitude and location of the sources. The
submittal demonstrates all significant sources hare been considered. If tins is a revised TMDL document any new
sources or removed sources will he specified and explained.
In the absence of a national pollutant discharge elimination system permit, the discharges associated with sources
were applied to the load allocation, as opposed to the wasteload allocation for purposes of this TMDL document
The decision to allocate these sources to the LA does not reflect any determination by the EPA as to whether these
discharges are, in fact, unpermitted point source discharges within this watershed, hi addition, by establishing
these TMDL(s) with some sources treated as LAs, the EPA is not determining that these discharges are exempt
from NPDES permitting requirements. If sources of the allocated pollutant in this TMDL document are found to
be, or become, NPDE S-regu la ted discharges, their loads must be considered as pari of the calculated sum of the
VSLAs in this TMDL document Any WLA in addition to that allocated here is not available.
There are four national pollutant discharge elimination system facilities located within the Salt Creek watershed.
The Builders Choice Concrete plant has a general concrete plant permit to discharge overflow front their wash
water basin, permit number K.SGI 10139, There has not been any reported discharge from this facility since 2004,
The Ha mm Quarry facility is a limestone quarry operation that is permitted to discharge storm water runoff and
treated wash water from a settling pond, permit number KS0080853. There has not been any reported discharge
from this facility. The Osage City wastewater treatment facility, permit number KS00222675, uses a three-cell
lagoon system. One of the permit limits is for biological oxygen demand. 45 milligrams per liter weekly average
and 30 mgfiL monthly average. The average BOD concentration in Osage City's effluent is 21 6 mg.'L The city of
Lyndon wastewater treatment facility, permit number KS0024821, is a mechanical plant with a design flow of
0.15 million gallons per day that discharges to Salt Creek below the K.DHE monitoring station. This facility's
permit limits are also 45 mg/L weekly average and 30 mg-'L monthly average. The average dissolved oxygen
concentration in the Lyndon effluent is 8,0 mg/L and the average BOD concentration is 13,8 mg/L. The city of
Lyndon does not contribute to the dissolved oxygen impairment at SC578 since the discharge is downstream
from the monitoring station
The Salt Creek watershed has a mean soil permeability value of 0.41 inches per hour. The higher soil-
permeability thresholds imply a more intense storm during which areas with higher soil permeability potentially
may contribute runoff. Runoff is chiefly generated as infiltration excess with rainfall intensities greater than the
soil permeability. As soil profiles become saturated, excess overland flow is produced. For the Salt Creek
watershed, approximately 61 percent of the watershed will produce runoff with rainfall events that produce
1.14 inches/hour of rain. Runoff contributes to the dissolved oxygen deficiencies within the wateished that are
observed above the low flow condition.
There are eleven certified or permitted concentrated animal feeding operations within the Sail Creek watershed,
see Appendix A within the TMDL document. These facilities are designed to retain a 25-year, 24-hour
rainfall/runoff event as well as an anticipated two weeks of normal wastewater from their operations. The total
potential number of animals is approximately 4,070 head in the watershed, but the actual number of animals at
the fcedlot operations is typically less than the allowable permitted number. The estimated numbers of all cattle
for Lyon and Osage counties are 65,000 and 34,000 respectively.
Any CAPO that does not obtain an NPDES permit must operate as a no discharge facility. Any discharge from an
unpermitted CAFO is a violation of Section 301. It is the EPA's position that all CAFOs should obtain an
NPDES permit because it provides clarity of compliance requirements, authorization to discharge when the
discharges are the result of large precipitation events (e.g.. in excess of 25-year and 24-hour frequency/duration)
or arc from a man-made conveyance.
Permitted CAFOs identified in this TMDL document are part of the assigned wasteload allocation. Any animal
feeding operations and unpermitted CAFOs are considered under the load allocation because there is currently
not enough detailed information to know whether these facilities are required to obtain NPDES permits. This
TMDL document does not reflect a determination by the EPA that such facility does not meet the definition of a
CAPO nor that the facility does not need to obtain a permit. To the contrary, a CAFO that discharges has a duty
to obtain a permit. If it is determined that any such operation is a CAFO that discharges, any future WLA
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document, any differences between the original TMDL(s) LA and the revised LA will be documented in this section.
The TMDLs and allocations for all flow conditions assigned to the Salt Creek watershed are illustrated in
Table S withm the TMDL document. The total organic carbon load allocation under average flow conditions is
2.620.92 pounds per day for SC578. All load allocations will be assigned to this station on Salt Creek segment 29.
Margin of Safety
The submittal describes explicit and or implicit margins of safety for each pollutant f40 CFK § 130.7(c)(1)]. If the
MOS is implicit, the conservative assumptions in the analysis far the MOS are described. Jf the MOS is explicit, the
loadings set aside for the MOS are identified and a rationale for selecting (lie value for the MOS is provided. If
this is a revised TMDL document, any differences in the MOS will be documented in this section.
This TMDL uses an implicit margin of safety, relying on conservative assumptions made with wastewater
facilities assuming they discharge permitted biological oxygen demand concentrations at design Dow, The
allocations are also conservatively set for all flow conditions when the impairment occurs during the low flow
condition with higher stream temperatures.
Seasonal Variation and Critical Conditions
The submittal describes the method for accounting for seasonal variation and critical conditions in the TMDL(s)
(40 CFR § J 30.7(c)( I)] Critical conditions are factors such as flow or temperature which may lead to the
excursion of the WQS. If this is a revised TMDL document, any differences in conditions will be documented in this
section.
Seasonal variation is accounted for by this TMDL document since the TMDLs endpoints are sensitive to the low
flow and temperature conditions usually occurring in the Summer - Fall season and higher dissolved oxygen
levels occur during the winter when flows are typically more stable. The majority of the impairments have
occurred during the hot month of August. The monthly average dissolved oxygen concentrations are below
5 milligrams per liter during the months of August and September,
Since loading capacity varies as a function of the flow present m the stream, these TMDLs represent a continuum
of desired concentrations overall flow conditions, rather than a fixed single value. Sampling data from station
SC578 was categorized into three defined seasons: Spring (April - June), Summer • Fall (July - October) and
Winter (November - March),
Public Participation
The submittal describes required public notice and public comment opportunities, and explains how the public
comments were considered in the final TMDL(s) [40 CFR § 130.7(c)(1)(H)].
An active internet website was established at wwv. .kdhek~s.gov tmdl index.htm to convey information to the
public on the general establishment of TMDLs and specific TMDLs for the Mariis des Cygnes Basin. The
Marais ties Cygnes Basin Advisory Committee met on September 14, 2012, in Ft. Scott where this TMDL
document was discussed. A public hearing was held on May 23. 2013, in Ottawa to receive comments on this
TMDL document. Public comments for this TMDL were held open from May 3 through June 2013. No
comments were received.
Monitoring Plan for TMDL(s) Under a Phased Approach
The TMDL identifies a monitoring plan that describes the additional data to he collected to determine if the load
reductions required by the TMDL lead to attainment of water quality standards, and a schedule for considering
revisions to the TMDL(s) (where a phased approach is used) [40 CFR § 130.7], If this is a revised TMDL
document, monitoring to support the revision will he documented in this section. Although the EPA does riot
approve the monitoring plan submitted by the stale, the EPA acknowledges the state's efforts. The EPA
understands that the state may use the monitoring plan to gauge the effectiveness of the TMDLs and determine tt
future revisions are necessary or appropriate to meet applicable water quality standards.
The KDHE will continue to collect samples through 2022 at the rotational station SC578 on Salt Creek on a
quarterly basis every fourth year. Point source facilities will continue to monitor biological oxygen demand in
their wastewater.
In accordance with the TMDL development schedule for the state of Kansas, the year 201? marks the next cycle
of 303(d) activities in the Marais des Cygnes River Basin. At that time, data from Salt Creek will be reexamined
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to assess continued incidence of dissolved oxygen deficiencies.
Salt Creek will be evaluated for delisting under Section 303(d), based on the monitoring data over 2013 - 2022.
The decision for delisting will come about in the preparation of the 2024 303(d) list. Should modifications be
made to the applicable water quality criteria during the implementation period, consideration for delisting,
desired endpoints of this TMDL document and implementation activities may be adjusted accordingly.
Incorporation of this TMDL document will be made into the watershed restoration and protection strategy
program. Recommendation of this TMDL document will be considered in the Kansas Water Plan implementation
decisions under the state Water Planning Process for fiscal years 2013 - 2022.
Reasonable Assurance
Reasonable assurance only applies when less stringent wasteload allocation are assigned based on the
assumption thai nonpoint source reductions in the load allocation will be met [40 CFK § 130.2(i)J. This section
can also contain statements made by the state concerning the stale s authority to control pollutant loads. States
are not required under Section 303(d) of the Clean Water Act to develop TMDL implementation plans and the EPA
does not approve or disapprove them. However, this TMDL document provides information regarding how point
and nonpoint sources can or should be controlled to ensure implementation efforts achieve the loading reductions
identified in this TMDL document. The EPA recognizes that technical guidance and support are critical to
determining the feasibility of and achieving the goals outlined in this TMDL document. Therefore, the discussion
of reduction efforts relating to point and nonpoint sources can be found in the implementation section of the TMDL
document, and are briefly described below.
The states have (he authority to issue and enforce state operating permits. Inclusion of effluent limits into a state
operating permit and requiring that effluent and instream monitoring be reported to the state should provide
reasonable assurance that instream water quality standards will be met. Section 301(b)(1)(C) requires that point
source permits have effluent limits as stringent as necessaty to meet WQS. However, for wasteland allocations to
serve thai purpose, they must themselves be stringent enough so that (in conjunction with the water body's other
loadings) they meet WQS. This generally occurs when the TMDL(s)' combined nonpoint source load allocations
and point source WLAs do not exceed the WQS-based loading capacity and there is reasonable assurance that the
TMDL(s)' allocations can be achieved. Discussion of reduction efforts relating to nonpoint sources can be found in
the implementation section of the TMDL document.
The State Water Plan, Fund annually generates $16 to 18 million and is the primary binding mechanism for
implementing water quality protection and pollutant reduction activities in the state through the Kansas Water
Plan. The state water planning process, overseen by the Kansas Water Office, coordinates and directs programs
and funding toward watersheds and water resources of highest priority. Typically, the state allocates at least 50
percent of the fund to programs supporting water quality protection. Additionally, $2 million has been allocated
between the State Water Plan Fund and the EPA 319 funds to support implementation of watershed restoration
and protection strategies. This watershed and its TMDL document are a low priority consideration.
Buffer strips are publicized as a means to filter sediment before it reaches a stream and riparian restoration
projects have been acclaimed as a significant means of stream bank stabilization, The key to effectiveness is
participation within a targeted area to direct resources to the activities influencing water quality. Secondary
wastewater treatment is very effective at reducing biological oxygen demand in effluent.
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