Title 401 | Chapter 010 | Regulation 030


401 KAR 10:030.Antidegradation policy implementation methodology.

Section 1.

Categorization and Implementation. The antidegradation procedures established in this administrative regulation 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 procedures established in this section 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 a corresponding implementation procedure.

(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 (ONRW)
Waterbody and Receiving WaterBoundary DescriptionLatitude, Longitude (Downstream/ Upstream; Decimal Degrees)County
Big South Fork Cumberland River of Lake Cumberland (Cumberland River)Wild River Boundary at Blue Heron to Tennessee State Line36.66769, -84.54570/ 36.59880, -84.60518McCreary
Marsh Creek of Cumberland RiverMouth to Laurel Creek36.77776, -84.34903/ 36.73182, -84.37118McCreary
Marsh Creek of Cumberland River*Laurel Creek to Ford Crossing at CR-1060 East Kidd School Road and CR-1110 Kidd School Road36.73182, -84.37118/ 36.69964, -84.34471McCreary
Red River of Kentucky RiverSchool House Branch to KY-74637.84422, -83.67583/ 37.79871, -83.48947Menifee, Powell, Wolfe
Reelfoot LakeSurface Waters Within the National Wildlife Refuge Proclamation Boundary in KentuckyNot ApplicableFulton
Rock Creek of Big South Fork Cumberland River*CR-1236 Rock Creek Road to Tennessee State Line36.70306, -84.59619/ 36.60241, -84.73999McCreary
Rockcastle River of Lake CumberlandLower End of The Narrows (0.25 River Miles Upstream of Cane Creek) to KY-1956 Billows Road37.03017, -84.30832/ 37.17136, -84.29679Laurel, Pulaski, Rockcastle
Underground River SystemWithin Mammoth Cave National ParkNot ApplicableEdmonson, Hart, Barren
War Fork of Station Camp CreekBasin Including all Tributaries from Mouth to to Steer Fork37.53264, -83.90929/ 37.45467, -83.92699Jackson
*Waterbodies in the cabinet's reference reach network.

(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
Waterbody and Receiving WaterBoundary DescriptionLatitude, Longitude (Downstream/ Upstream; Decimal Degrees)County
BIG SANDY RIVER BASIN
Hobbs Fork of Pigeonroost Fork*Mouth to Headwaters37.70738, -82.43272/ HeadwatersMartin
Lower Pigeon Branch of Elkhorn Creek*Left Fork Lower Pigeon Branch to Headwaters37.24194, -82.48681/ HeadwatersPike
Russell Fork of Levisa Fork*Upstream End of Clinchfield Railroad Yard (0.6 RM Upstream of Big Island Branch) to Virginia State Line37.29283, -82.32741/ 37.29579, -82.31462Pike
Thompson Fork of Souders Branch*Mouth to Headwaters37.68474, -82.66775/ HeadwatersFloyd
Toms Branch of Elkhorn Creek*Mouth to Headwaters37.26119, -82.45249/ HeadwatersPike
Unnamed Tributary of Hobbs Fork of Pigeonroost Fork*Mouth to Headwaters37.68319, -82.40511/ HeadwatersMartin
Unnamed Tributary of Open Fork Paint Creek of Paintsville Lake (Paint Creek)Mouth to Headwaters37.97373, -83.05614/ HeadwatersMorgan
GREEN RIVER BASIN
Beaverdam Creek of Green River*Mouth to Headwaters37.19637, -86.27598/ HeadwatersEdmonson
Big Brush Creek of Green RiverBrush Creek to Poplar Grove Branch37.38472, -85.59302/ 37.42787, -85.57944Green
Brushy Pond Creek of Caney CreekAbove Pond to Headwaters37.40290, -86.59473/ HeadwatersButler, Grayson
Cane Run of Nolin River Lake (Nolin River)*Nolin River Lake Backwaters to Headwaters37.33240, -86.07132/ HeadwatersHart
Caney Fork of Peter Creek*Mouth to Headwaters36.84608, -85.97090/ HeadwatersBarren
Clifty Creek of Rough River*Barton Run to Western Kentucky Parkway37.54800, -86.23505/ 37.51366, -86.15115Grayson
Clifty Creek of Wolf Lick Creek*Little Clifty Creek to Sulphur Lick36.99759, -87.05518/ 36.98189, -87.12934Todd
Dismal Creek of Nolin RiverMouth to Headwaters37.27478, -86.24986/ HeadwatersEdmonson
East Fork Little Barren River of Little Barren River*Leatherwood Creek to Flat Rock Creek37.00149, -85.52277/ 36.98390, -85.52892Metcalfe
Elk Lick Creek of Wolf Lick Creek*Duck Lick Creek to Barren Fork and Edger Creek36.96003, -86.98838/ 36.91651, -86.97280Logan
Ellis Fork of Damron Creek*Mouth to Headwaters37.15744, -85.06621/ HeadwatersAdair, Russell
Falling Timber Creek of Skaggs Creek*Land Use Change (0.1 River Miles Upstream of Taylor Branch) to Headwaters36.93680, -85.74424/ HeadwatersMetcalfe
Fiddlers Creek of North Fork Rough River*Mouth to Headwaters37.70782, -86.34660/ HeadwatersBreckinridge
Forbes Creek of Buck Creek*Mouth to Unnamed Tributary (0.3 River Miles Downstream of CR-1021 Owen West Road)36.98832, -87.32847/ 36.95495, -87.34872Christian
Gasper River of Barren River*Clear Fork Creek to Wiggington Creek36.98618, -86.63216/ 36.91698, -86.74175Logan, Warren
Goose Creek of Green River*Mouth to Little Goose Creek37.20311, -85.01074/ 37.11575, -84.99617Casey, Russell
Green River of Ohio RiverWestern Mammoth Cave National Park Boundary to to Lynn Camp Creek37.21698, -86.26334/ 37.31974, -85.71529Edmonson, Hart
Halls Creek of Rough River*Unnamed Tributary (0.2 River Miles Upstream of CR-1131 Halls Creek Road) to Headwaters37.49338, -86.76189/ HeadwatersOhio
Lick Creek of West Fork Drakes Creek*Mouth to Headwaters36.80165, -86.49463/ HeadwatersSimpson
Linders Creek of Rough River*Mouth to Sutzer Creek37.63677, -86.20180/ 37.63368, -86.14513Hardin
Little Beaverdam Creek of Green River*Mouth to KY-743 Boiling Springs Road37.17474, -86.34748/ 37.09866, -86.31160Edmonson, Warren
Little Meeting Creek of Meeting CreekMouth to Loss of Riparian Buffer (near Unnamed Tributary)37.58031, -86.22664/ 37.59732, -86.21150Hardin
Little Short Creek of Rough River*Mouth to Headwaters37.55200, -86.57632/ HeadwatersGrayson
Lynn Camp Creek of Green River*Mouth to Lindy Creek37.31994, -85.71503/ 37.39027, -85.70372Hart
McFarland Creek of West Fork Pond River*Grays Branch to Unnamed Tributary37.13299, -87.38653/ 37.11248, -87.40630Christian
Meeting Creek of Rough River*Little Meeting Creek to Petty Branch37.58021, -86.22663/ 37.56328, -86.15925Grayson, Hardin
Muddy Creek of Rough River*Land Use Change (1.2 River Miles Upstream of CR-1125 Mt Pleasant Road) to Headwaters37.42276, -86.73440/ HeadwatersOhio
North Fork Rough River of Rough River Lake*Buffalo Creek to Reservoir Dam37.70023, -86.38206/ 37.71212, -86.32604Breckinridge
Nosey Creek of Nolin RiverMouth to Dry Run37.45730, -86.06752/ 37.46694, -86.08128Grayson
Peter Creek of Barren River*Caney Fork to Dry Fork36.84608, -85.97090/ 36.80042, -85.90772Barren
Pond Run of Rough River*Land Use Change (0.2 River Miles Downstream of CR-1503 White Road ) to Headwaters37.57381, -86.60506/ HeadwatersBreckinridge, Ohio
Puncheon Creek of Figure Eight BranchMouth to Tennessee State Line36.67503, -85.99483/ 36.62953, -86.00534Allen
Rough River of Green River*Linders Creek to Vertrees Creek37.63677, -86.20180/ 37.69001, -86.13664Hardin
Russell Creek of Green River*Mouth to Columbia Waste Water Treatment Plant37.22938, -85.51040/ 37.10942, -85.30532Adair, Green
Russell Creek of Green River*Reynolds Creek to Hudson Creek and Mount Olive Creek37.04137, -85.18825/ 37.09160, -85.10334Adair, Russell
Sixes Creek of Wild Branch*Mouth to Headwaters37.34154, -86.69993/ HeadwatersOhio
Sulphur Branch of Alexander Creek*Mouth to Headwaters37.12892, -86.26930/ HeadwatersEdmonson
Thompson Branch of West Fork Drakes Creek*Webb Branch to Tennessee State Line36.65809, -86.49862/ 36.65202, -86.47973Simpson
Trammel Creek of Drakes Creek*Mouth to Tennessee State Line36.87579, -86.37443/ 36.63973, -86.19775Allen, Warren
Unnamed Tributary of Big Run Branch of Big Run BranchMouth to Loss of Riparian Buffer and Unnamed Tributary from the South West37.50894, -86.33964/ 37.48244, -86.32314Grayson
Unnamed Tributary of Green River of Ohio River*Mouth to Headwaters.37.19160, -85.12732/ HeadwatersAdair
Unnamed Tributary of White Oak Creek of Green River Lake*CR-1073 Hovious Ridge Road to KY-76 Elkhorn Road37.23736, -85.22392/ 37.26178, -85.19616Adair
West Fork Pond River of Pond River*Unnamed Tributary (0.8 River Miles Downstream of CR-1078 J P Grace Road) to East Branch Pond River37.09098, -87.36698/ 37.03070, -87.40602Christian
KENTUCKY RIVER BASIN
Backbone Creek of Sixmile Creek*Mouth to Scrabble Creek38.33978, -84.99690/ 38.32025, -84.99355Franklin, Henry, Shelby
Bear Branch of North Fork Kentucky RiverUpstream of Sediment Pond to Headwaters37.13248, -83.10152/ HeadwatersPerry
Big Double Creek of Red Bird River*Mouth to Left and Right Fork Big Double Creek37.14045, -83.58768/ 37.09053, -83.60245Clay
Bill Branch of Laurel Fork*Mouth to Right and Left Fork Bill Branch36.93025, -83.30921/ 36.93249, -83.30578Harlan
Bill Oak Branch of Laurel ForkMouth to Headwaters37.33478, -83.56541/ HeadwatersOwsley
Billey Fork of Millers CreekLand Use Change (1.0 River Mile Upstream of Wodward Creek) to Headwaters37.67957, -83.79653/ HeadwatersEstill, Lee
Boyd Run of North Elkhorn CreekMouth to Cherry Run38.21316, -84.48529/ 38.21731, -84.47430Scott
Buffalo Creek of South Fork Kentucky River*Mouth to Right Fork and Left Fork Buffalo Creek37.35051, -83.65233/ 37.35163, -83.63576Owsley
Bullskin Creek of South Fork Kentucky RiverMouth to Headwaters37.27322, -83.64441/ HeadwatersClay, Leslie
Camp Branch of Spass CreekMouth to Headwaters37.88067, -83.70589/ HeadwatersMenifee
Cavanaugh Creek of South Fork Station Camp Creek*Mouth to Headwaters37.55370, -83.94222/ HeadwatersJackson
Chester Creek of Middle Fork Red River*Mouth to Headwaters37.72746, -83.65906/ HeadwatersWolfe
Clear Creek of Kentucky River*Mouth to East Fork Clear Creek37.93654, -84.79613/ 37.92667, -84.72576Woodford
Clemons Fork of Buckhorn Creek*Mouth to Headwaters37.45511, -83.16582/ HeadwatersBreathitt
Coles Fork of Buckhorn Creek *Mouth to Headwaters37.45720, -83.13468/ HeadwatersBreathitt, Knott
Craig Creek of Kentucky River*Mouth to Unnamed Tributary37.97902, -84.82058/ 37.98133, -84.78474Woodford
Deep Ford Branch of Cutshin CreekUpstream of Pond to Headwaters37.19085, -83.34793/ HeadwatersLeslie
Drennon Creek of Kentucky River*Fivemile Creek to Town Creek38.46577, -85.09825/ 38.43094, -85.11912Henry
East Fork Indian Creek of Indian Creek*Mouth to Headwaters37.86030, -83.67480/ HeadwatersMenifee
Elisha Creek of Red Bird River*Land Use Change (0.4 River Miles Downstream of Left Fork Elisha Creek) to Right and Big Middle Fork Elisha Creek37.08454, -83.53407/ 37.08165, -83.51802Leslie
Emily Run of Drennon CreekMouth to Unnamed Tributary (0.5 River Miles Downstream of CR-1010 New Cut Road)38.50114, -85.07706/ 38.51135, -85.12727Henry
Evans Fork of Billey Fork*Mouth to Headwaters37.69659, -83.77567/ HeadwatersEstill
Falling Rock Branch of Clemons Fork*Mouth to Headwaters37.47650, -83.14005/ HeadwatersBreathitt
Gilbert Creek of Kentucky RiverMouth to Unnamed Tributary (at Milepost 7.06 KY-513 Gilberts Creek Road)37.97571, -84.85305/ 37.97570, -84.85305Anderson
Gladie Creek of Red River*Land Use Change (Downstream of Sargent Branch) to Long Branch37.83977, -83.60773/ 37.86994, -83.53192Menifee
Goose Creek of Red Bird RiverMouth to Laurel Creek37.26982, -83.64347/ 37.21607, -83.71750Clay
Grier Creek of Kentucky River*Kentucky River Backwaters to Unnamed Tributary38.02224, -84.82900/ 38.01901, -84.78975Woodford
Grindstone Creek of Kentucky River*Kentucky River Backwaters to Pond38.27095, -84.87841/ 38.25169, -84.86151Franklin
Hardwick Creek of Red RiverMouth to Little Hardwick Creek37.83287, -83.92629/ 37.80637, -83.91057Powell
Hell for Certain Creek of Middle Fork Kentucky RiverMouth to Cucumber Branch37.25900, -83.38193/ 37.21916, -83.44410Leslie
Hines Creek of Kentucky River*Kentucky River Backwaters to Unnamed Tributary37.87669, -84.37216/ 37.87346, -84.35034Madison
Honey Branch of Greasy CreekMouth to Headwaters37.01785, -83.35630/ HeadwatersLeslie
Hopper Cave Branch of Cavenaugh Creek*Mouth to Headwaters37.54046, -83.96364/ HeadwatersJackson
Indian Creek of Eagle Creek*Mouth to Headwaters38.64460, -84.97133/ HeadwatersCarroll
Indian Fork of Sixmile Creek*Mouth to Headwaters38.30060, -85.04584/ HeadwatersShelby
John Carpenter Fork of Clemons Fork*Mouth to Headwaters37.48191, -83.13306/ HeadwatersBreathitt
John Littles Branch of North Fork Kentucky RiverMouth to Headwaters37.44138, -83.36137/ HeadwatersBreathitt
Joyce Fork of Cortland Fork*Mouth to Headwaters37.35043, -83.55770/ HeadwatersOwsley
Katies Creek of Red Bird RiverMouth to Headwaters37.03516, -83.54001/ HeadwatersClay
Laurel Fork of Left Fork Buffalo Creek*Cortland Fork to Big Branch37.34758, -83.56464/ 37.32795, -83.56754Owsley
Left Fork Big Double Creek of Big Double Creek*Mouth to Headwaters37.09053, -83.60245/ HeadwatersClay
Line Fork of North Fork Kentucky River*Defeated Creek to Headwaters37.05325, -82.98858/ HeadwatersLetcher
Little Middle Fork Elisha Creek of Big Middle Fork Elisha Creek*Mouth to Headwaters37.08174, -83.51566/ HeadwatersLeslie
Little Millseat Branch of Clemons Fork*Mouth to Headwaters37.47206, -83.14624/ HeadwatersBreathitt
Little Negro Creek of Negro CreekMouth to Unnamed Tributary37.39375, -84.41432/ 37.36326, -84.42477Rockcastle
Little Sixmile Creek of Sixmile Creek*Mouth to Headwaters38.38438, -85.00254/ HeadwatersHenry
Little Sturgeon Creek of Sturgeon CreekMouth to Headwaters37.47837, -83.81345/ HeadwatersOwsley
Low Gap Branch of Elk Creek*Mouth to Headwaters37.15340, -82.98357/ HeadwatersLetcher
Lower Devil Creek of North Fork Kentucky RiverMouth to Middle Fork Lower Devil Creek37.64419, -83.60972/ 37.68891, -83.60403Lee, Wolfe
Lower Howard Creek of Kentucky RiverMouth to West Fork Lower Howard Creek37.91807, -84.27256/ 37.93369, -84.26952Clark
Lulbegrud Creek of Red RiverMouth to Falls Branch37.83781, -84.00193/ 37.88288, -83.99603Clark, Powell
Middle Fork Kentucky River of North Fork Kentucky RiverMouth to Upper Twin Creek37.58669, -83.67003/ 37.54597, -83.56307Lee, Breathitt
Middle Fork Kentucky River of North Fork Kentucky River*Hurts Creek to Greasy Creek37.15444, -83.37052/ 37.07658, -83.39234Leslie
Middle Fork Red River of Red RiverSouth Fork Red River to Natural Bridge State Park Lake37.82360, -83.75245/ 37.77769, -83.67745Powell
Mike Branch of Laurel ForkMouth to Headwaters37.33908, -83.56338/ HeadwatersOwsley
Mill Creek of Kentucky River*0.05 River Miles Upstream of PS-1306 Perry Park Road to Headwaters38.54565, -84.99933/ HeadwatersOwen
Millseat Branch of Clemons Fork*Mouth to Headwaters37.47440, -83.14367/ HeadwatersBreathitt
Muddy Creek of Kentucky River*0.1 River Mile Upstream of KY-52 Irvine Road to Viny Fork37.74039, -84.15691/ 37.70998, -84.18205Madison
Musselman Creek of Eagle Creek*Mouth to Headwaters38.56845, -84.67732/ HeadwatersGrant
Red Bird River of South Fork Kentucky RiverMouth to Big Creek37.26973, -83.64341/ 37.16648, -83.58233Clay
Right Fork Beehive Branch of Beehive BranchResidential Area to Headwaters37.06172, -83.10148/ HeadwatersPerry
Right Fork Buffalo Creek of Buffalo Creek*Mouth to Headwaters37.35163, -83.63575/ HeadwatersOwsley
Right Fork Elisha Creek of Elisha CreekMouth to Headwaters37.08165, -83.51802/ HeadwatersLeslie
Roaring Fork of Lewis Fork*Mouth to Headwaters37.46327, -83.17081/ HeadwatersBreathitt
Rock Lick Creek of South Fork Station Camp Creek*Mouth to Headwaters37.539508, -84.010769/ HeadwatersJackson
Sand Ripple Creek of Kentucky River*Kentucky River Backwaters to Headwaters38.37772, -84.89991/ HeadwatersFranklin, Henry
Severn Creek of Kentucky River*Kentucky River Backwaters to North Fork Severn Creek38.46397, -84.91060/ 38.46646, -84.89242Owen
Shaker Creek of Kentucky RiverKentucky River Backwaters to Shawnee Run37.84717, -84.76738/ 37.84378, -84.76810Mercer
Shelly Rock Fork of Millseat Branch*Mouth to Headwaters37.48162, -83.15038/ HeadwatersBreathitt
Sixmile Creek of Kentucky River*Little Sixmile Creek to Cedarmore Lake Dam38.38448, -85.00261/ 38.32816, -85.01600Henry, Shelby
South Fork Kentucky River of Kentucky RiverMouth to Sexton Creek37.56996, -83.71085/ 37.35900, -83.68198Lee, Owsley
South Fork Red River of Middle Fork Kentucky RiverMouth to Sand Lick Fork37.82360, -83.75245/ 37.78067, -83.73355Powell
South Fork Station Camp Creek of Station Camp Creek*Mouth to Rock Lick Creek37.53286, -83.90931/ 37.55370, -83.94222Jackson
Spring Creek of Red Bird RiverMouth to Little Spring Creek37.06192, -83.54144/ 37.05562, -83.56302Clay
Spruce Branch of Red Bird Creek*Mouth to Headwaters36.95696, -83.53108/ HeadwatersClay
Station Camp Creek of Kentucky River*Land Use Change (1.25 River Miles Upstream of Sparks Branch) to South Fork Station Camp Creek37.58261, -83.92802/ 37.53287, -83.90929Estill
Steeles Run of South Elkhorn CreekMouth to Unnamed Tributary (0.1 River Miles Upstream of PV-3002 Miss Alleged Drive )38.11099, -84.62871/ 38.06735, -84.59554Fayette, Woodford
Steer Fork of War Fork*Mouth to Headwaters37.45466, -83.92700/ HeadwatersJackson
Sturgeon Creek of Kentucky River*Duck Fork to Little Sturgeon Creek37.53576, -83.78177/ 37.47850, -83.81356Lee, Owsley
Sugar Creek of Red Bird River*Land Use Change (at End of CR-1119 Sugar Creek Road) to Headwaters37.11885, -83.55208/ HeadwatersClay, Leslie
Sulphur Lick Creek of Elkhorn Creek*Mouth to Headwaters38.28765, -84.80211/ HeadwatersFranklin
Unnamed Tributary of Cawood Branch of Beech Fork*Mouth to Headwaters36.93676, -83.37278/ HeadwatersLeslie
Unnamed Tributary of Cedar Creek of Kentucky River*Mouth to Headwaters38.37196, -84.79664/ HeadwatersOwen
Unnamed Tributary of Glenns Creek of Kentucky River*Mouth to Headwaters38.14826, -84.83651/ HeadwatersWoodford
Unnamed Tributary of Jacks Creek of Kentucky River*Mouth to Headwaters37.85200, -84.36529/ HeadwatersMadison
Unnamed Tributary of Kentucky River of Ohio River*Mouth to Land Use Change38.21913, -84.87712/ 38.23174, -84.86242Franklin
Unnamed Tributary of Line Fork of North Fork Kentucky River*Mouth to Headwaters37.07769, -82.99241/ HeadwatersLetcher
War Fork of Station Camp Creek*Steer Fork to Headwaters37.45467, -83.92699/ HeadwatersJackson
Watches Fork of Laurel ForkMouth to Headwaters37.34456, -83.56203/ HeadwatersOwsley
Wild Dog Creek of Sturgeon CreekMouth to Dry Fork37.48729, -83.82329/ 37.48235, -83.82972Owsley
Wolfpen Creek of Red River*Mouth to Headwaters37.82549, -83.63094/ HeadwatersMenifee
LICKING RIVER BASIN
Blackwater Creek of Licking River*Eaton Creek to Greasy Fork37.94073, -83.41328/ 37.87922, -83.43981Morgan
Blanket Creek of Licking RiverMouth to Unnamed Tributary38.65560, -84.28532/ 38.64266, -84.29929Pendleton
Botts Fork of Brushy Fork*Mouth to Land Use Change37.94933, -83.50601/ 37.93022, -83.53288Menifee
Bowman Creek of Licking RiverMouth to Unnamed Tributary at CR-1135 Martin Road38.89246, -84.44237/ 38.89404, -84.50217Kenton
Brushy Fork of Beaver Creek*Cave Run Lake Backwaters to Headwaters37.98439, -83.50523/ HeadwatersMenifee
Brushy Fork of Middle Fork Grassy Creek*Mouth to Headwaters38.70106, -84.44697/ HeadwatersPendleton
Bucket Branch of North Fork Licking River*Mouth to Headwaters38.05169, -83.31594/ HeadwatersMorgan
Cedar Creek of Licking RiverMouth to North Branch Cedar Creek38.47637, -84.12301/ 38.49051, -84.10732Robertson
Craney Creek of North Fork Licking RiverMouth to Headwaters38.06493, -83.35154/ HeadwatersMorgan, Rowan
Devils Fork of North Fork Licking River*Mouth to Headwaters38.04413, -83.30378/ HeadwatersElliott, Morgan
Flour Creek of Licking RiverMouth to Unnamed Tributary (0.05 River Miles Upstream of CR-1021 Vater Road)38.78982, -84.34388/ 38.80192, -84.32458Pendleton
Grovers Creek of Kincaid Lake*Kincaid Lake Backwaters to Unnamed Tributary38.70547, -84.25273/ 38.70795, -84.21217Bracken, Pendleton
Licking River of Ohio RiverEnd of KY-211 Auora Road to 0.6 River Miles Downstream of Salt Lick Creek38.17659, -83.61805/ 38.13064, -83.60581Bath, Rowan
North Fork Licking River of Cave Run Lake*Cave Run Lake Backwaters (0.25 River Miles Downstream of Lick Branch) to Devils Fork38.06587, -83.36149/ 38.04413, -83.30378Morgan, Rowan
Sawyers Fork of Cruises CreekMouth to Headwaters38.84833, -84.54035/ HeadwatersKenton
Slabcamp Creek of Craney CreekMouth to Headwaters38.09987, -83.32893/ HeadwatersRowan
Slate Creek of Licking RiverMouth to Mill Creek38.21841, -83.69863/ 38.11220, -83.74665Bath
South Fork Grassy Creek of Grassy Creek*Mouth to Greasy Creek38.79193, -84.42895/ 38.68302, -84.48375Pendleton
Unnamed Tributary of Shannon Creek of North Fork Licking RiverMouth to Headwaters38.55443, -83.93335/ HeadwatersMason
Welch Fork of Brushy Fork*Mouth to Unnamed Tributary (Downstream of CR-1160 Fox Chase Road)37.94405, -83.50360/ 37.93209, -83.51361Menifee
West Creek of Licking River*Mouth to Headwaters38.53643, -84.20046/ HeadwatersHarrison, Robertson
Willow Creek of North Fork Licking RiverMouth to Logans Branch38.58589, -84.17627/ 38.63013, -84.16426Bracken
LITTLE SANDY RIVER BASIN
Arabs Fork of Big Sinking Creek*Mouth to Headwaters38.22358, -83.15918/ HeadwatersElliott
Big Caney Creek of Grayson Lake (Little Sandy River)*Grayson Lake Backwaters to Headwaters38.15880, -83.09431/ HeadwatersElliott, Rowan
Big Sinking Creek of Little Sandy River*KY-986 to Arabs Fork38.24972, -83.11729/ 38.22360, -83.15915Carter, Elliott
Laurel Creek of Little Sandy River*CR-1352 Stegall Cold Spring Road to Headwaters38.12912, -83.18963/ HeadwatersElliott, Rowan
Meadow Branch of Little Fork Little Sandy River*Mouth to Headwaters38.07711, -82.99544/ HeadwatersElliott
Middle Fork Little Sandy River of Little Sandy River*Mouth to Sheepskin Branch38.12135, -83.09262/ 38.09139, -83.09075Elliott
Nichols Fork of Little Fork Little Sandy River*Green Branch to Headwaters38.08073, -83.00200/ HeadwatersElliott
LOWER CUMBERLAND RIVER BASIN
Crooked Creek of Energy Lake*Energy Lake Backwaters to Headwaters36.85193, -88.03311/ HeadwatersTrigg
Donaldson Creek of Lake Barkley*Lake Barkley Backwaters to Unnamed Tributary36.74924, -87.91006/ 36.74970, -87.86754Trigg
Elk Fork of Red River*Tennessee State Line to Dry Branch36.64264, -87.08560/ 36.74638, -87.13221Todd
Sugar Creek of Cumberland River*Lick Creek to Left Descending Unnamed Tributary (Upstream of KY-2232 Sugar Creek Road)37.17547, -88.26578/ 37.13054, -88.28340Livingston
West Fork Red River of Red River*Tennessee State Line to Montgomery Creek36.64154, -87.35589/ 36.70964, -87.32988Christian
Whippoorwill Creek of Red River*Mouth to Vicks Branch36.66568, -86.96368/ 36.75027, -86.99652Logan
MISSISSIPPI RIVER BASIN
Jackson Creek of Bayou de Chien*Mouth to Headwaters36.58204, -88.80298/ HeadwatersGraves
Murphy PondEntire Pond and Preserve AreaNot ApplicableHickman
Obion Creek of Mississippi River*Hurricane Creek to Little Creek36.75483, -89.01154/ 36.76673, -88.91258Carlisle, Hickman
Swan PondEntire LakeNot ApplicableBallard
Terrapin Creek of North Fork Obion River*Tennessee State Line to East and West Forks Terrapin Creek36.50113, -88.49244/ 36.55040, -88.52493Graves
OHIO RIVER BASIN
Ashbys Fork of Woolper CreekMouth to KY-20 Petersburg Road39.03846, -84.81574/ 39.07729, -84.79534Boone
Blackford Creek of Ohio RiverLittle Yellow Creek to Butchers Branch37.90127, -86.91300/ 37.88324, -86.89596Daviess, Hancock
Crooked Creek of Ohio River*Rush Creek to Marion City Lake Dam37.35915, -88.06775/ 37.31055, -88.09185Crittenden
Double Lick Creek of Woolper Creek*Mouth to Headwaters39.03416, -84.78650/ HeadwatersBoone
Garrison Creek of Ohio River*Mouth to Headwaters39.10565, -84.80643/ HeadwatersBoone
Harrods Creek of Ohio RiverWolfpen Branch to Brush Creek38.33388, -85.60350/ 38.44058, -85.42898Henry, Jefferson, Oldham
Kinniconick Creek of Ohio River*McDowell Creek to Headwaters38.57479, -83.18862/ HeadwatersLewis
Little South Fork of Big South ForkLand Use Change to Headwaters38.82216, -84.74115/ HeadwatersBoone
Metropolis Lake of Ohio RiverEntire Lake37.15096, -88.77076/ 37.14475, -88.76100McCracken
Middle Fork Massac Creek of Massac Creek*CR-1207 Hines Road to Pond37.01626, -88.74480/ 36.97538, -88.72982McCracken
Pryors Fork of Corn CreekMouth to Land Use Change38.63666, -85.40210/ 38.64269, -85.33447Trimble
Second Creek of Ohio River*Ohio River Backwaters to Headwaters39.08518, -84.84280/ HeadwatersBoone
Unnamed Tributary of Big Sugar Creek of Ohio River*I-71 to Headwaters38.74961, -84.81112/ HeadwatersGallatin
Unnamed Tributary of Corn Creek of Ohio River*Mouth to Headwaters38.60284, -85.42320/ HeadwatersTrimble
Unnamed Tributary of Massac Creek of Ohio River*Mouth to Headwaters36.99350, -88.69103/ HeadwatersMcCracken
West Fork Massac Creek of Massac Creek*KY-724 Woodville Road to Little Massac Creek37.08238, -88.77790/ 37.06021, -88.79830McCracken
Yellowbank Creek of Ohio River*KY-259 to Headwaters37.98102, -86.50810/ HeadwatersBreckinridge
SALT RIVER BASIN
Beech Fork of Rolling ForkHot Water Creek to Headwaters37.59785, -85.04111/ HeadwatersBoyle, Marion
Brashears Creek of Salt RiverGuist Creek to Bullskin and Clear Creeks38.09923, -85.28643/ 38.16191, -85.28012Shelby, Spencer
Cedar Creek of Salt River*Mouth to Greens Branch38.00214, -85.66327/ 37.98224, -85.60071Bullitt
Chaplin River of Beech Fork*Thompson Creek to Cornishville, KY37.85567, -85.03830/ 37.80423, -84.98705Mercer, Washington
Doctors Fork of Chaplin RiverMouth to Begley Branch37.67567, -84.96085/ 37.64612, -84.99949Boyle
Guist Creek of Brashears CreekMouth to Jeptha Creek38.09920, -85.28615/ 38.13244, -85.19651Spencer
Harts Run of Wilson Creek*Mouth to Headwaters37.86326, -85.61160/ HeadwatersBullitt
Indian Creek of Thompson CreekMouth to Unnamed Tributary37.85118, -84.97889/ 37.87350, -84.94786Mercer
Lick Creek of Long Lick CreekMouth to 0.1 River Miles Downstream of Dam37.81851, -85.21553/ 37.82616, -85.16402Washington
Otter Creek of Rolling Fork*Land Use Change (0.04 River Miles Downstream of West Fork Otter Creek) to East and Middle Fork Otter Creek37.50830, -85.58171/ 37.49520, -85.57644Larue
Overalls Creek of Wilson Creek*Mouth to West Fork Overalls Creek37.87053, -85.60352/ 37.88749, -85.60604Bullitt
Plum Run of Glens CreekMouth to Headwaters37.85773, -85.12186/ HeadwatersWashington
Salt Lick Creek of Rolling Fork*Mouth to Headwaters37.55415, -85.52125/ HeadwatersLarue, Marion
Sulphur Creek of Chaplin River*Mouth to Cheese Lick and Brush Creek37.88144, -85.09987/ 37.88844, -85.02061Anderson, Mercer, Washington
Unnamed Tributary of Unnamed Tributary of Sulphur Creek of Sulphur CreekMouth to End of Forested Reach37.88903, -85.09514/ 37.89877, -85.09422Anderson
West Fork Otter Creek of Otter Creek*Mouth to Headwaters37.50770, -85.58158/ HeadwatersLarue
Wilson Creek of Rolling Fork*Mouth to Headwaters37.81170, -85.73756/ HeadwatersBullitt, Nelson
TENNESSEE RIVER BASIN
Blood River of Kentucky Lake*McCullough Fork to Tennessee State Line36.52538, -88.17089/ 36.49911, -88.17594Calloway
Clarks River of Tennessee RiverPersimmon Slough Creek to Middle Fork Creek36.91438, -88.42009/ 36.90303, -88.40517Marshall
Grindstone Creek of Kentucky Lake*Kentucky Lake Backwaters to Headwaters36.58230, -88.11886/ HeadwatersCalloway
Panther Creek of Kentucky Lake (Blood River)*Kentucky Lake Backwaters (0.05 River Miles Downstream From End of CR-1137 Deerberry Lane) to Headwaters36.56275, -88.15697/ HeadwatersCalloway
Panther Creek of West Fork Clarks River*Upstream of Channelization (at CR-1088 McKendree Church Road ) to Impoundment36.80551, -88.52235/ 36.74409, -88.51418Graves
Rockhouse Creek of Clarks RiverMouth to East and West Fork Rockhouse Creek36.74871, -88.27661/ 36.70430, -88.31580Calloway
Soldier Creek of West Fork Clarks River*Mouth to North Fork and South Fork Soldier Creek36.79642, -88.47535/ 36.78881, -88.39095Marshall
Sugar Creek of Kentucky Lake (Blood River)Kentucky Lake Backwaters (0.05 River Miles Upstream of KY-732 Irvine Cobb Road ) to CR-1014 Old Newburg Road36.65222, -88.15062/ 36.65780, -88.15776Calloway
Sugar Creek of West Fork Clarks RiverMouth to Unnamed Reservoir36.90001, -88.54781/ 36.87609, -88.49180Graves
Trace Creek of West Fork of Clarks River*Mouth to Neely Branch36.84213, -88.53168/ 36.80975, -88.56009Graves
Unnamed Tributary of Unnamed Tributary of Panther Creek of West Fork Clarks River*Mouth to Headwaters36.79894, -88.53176/ HeadwatersGraves
West Fork Clarks River of Clarks RiverPanther Creek to Soldier Creek36.82217, -88.51448/ 36.79648, -88.47555Graves
West Fork Clarks River of Clarks River*Soldier Creek to Duncan Creek36.79646, -88.47554/ 36.76359, -88.45642Marshall
Wildcat Creek of Blood River*CR-1131 Wright Road to Headwaters36.61320, -88.18308/ HeadwatersCalloway
TRADEWATER RIVER BASIN
East Fork Flynn Fork of Flynn Fork*US-62 Dawson Road to Headwaters37.14805, -87.76320/ HeadwatersCaldwell
Piney Creek of Lake Beshear*Lake Beshear Backwaters to Headwaters37.10253, -87.70751/ HeadwatersCaldwell, Christian
Sandlick Creek of Tradewater River*Camp Creek to Headwaters37.02761, -87.59583/ HeadwatersChristian
Tradewater River of Ohio RiverCaney Creek to Buffalo Creek37.16249, -87.66399/ 37.15384, -87.64868Hopkins
Tradewater River of Ohio River*Drippings Spring Branch to Buntin Lake Dam37.03680, -87.52727/ 36.95621, -87.48714Christian
Unnamed Tributary of Piney Creek of Lake Beshear*Mouth to Headwaters37.08000, -87.71066/ HeadwatersCaldwell
Unnamed Tributary of Sandlick Creek of Tradewater River*Mouth to Headwaters37.00769, -87.59282/ HeadwatersChristian
TYGARTS CREEK BASIN
Tygarts Creek of Ohio RiverLost Creek to Leatherwood Branch38.51484, -82.97672/ 38.48574, -83.02801Greenup
UPPER CUMBERLAND RIVER BASIN
Bad Branch of Poor Fork Cumberland River*Mouth to Headwaters37.06615, -82.77128/ HeadwatersLetcher
Bark Camp Creek of Cumberland River*Upstream of Cumberland River Backwaters to Martins Fork36.90856, -84.30678/ 36.89760, -84.26548Whitley
Bear Creek of Big South Fork Cumberland RiverMouth to Tennessee State Line36.62673, -84.53343/ 36.59643, -84.52092McCreary
Beaver Creek of Cumberland River*Mouth to Freeman Fork and Middle Fork36.94623, -84.41643/ 36.89501, -84.44078McCreary
Bee Lick Creek of Brushy CreekMouth to Warren Branch37.26772, -84.43760/ 37.30223, -84.49337Pulaski
Brownies Creek of Cumberland River*Blacksnake Branch to Headwaters36.70309, -83.51605/ HeadwatersBell, Harlan
Brush Creek of Roundstone CreekWolf Creek to Reemergence of Sinking Creek37.38934, -84.26451/ 37.46557, -84.22675Rockcastle
Brushy Creek of Buck Creek*Mouth to Headwaters37.21223, -84.46737/ HeadwatersPulaski, Rockcastle
Buck Creek of Lake Cumberland (Cumberland River)*Backwaters of Lake Cumberland to 0.8 River Miles Upstream of Hurricane Creek37.04922, -84.42953/ 37.35997, -84.59522Lincoln, Pulaski
Bunches Creek of Cumberland River*Mouth to Amos Falls Branch and Seminary Branch36.83271, -84.31786/ 36.82749, -84.26979Whitley
Cane Creek of Rockcastle River*Mouth to Dam/Pond in Headwaters37.02646, -84.30837/ 37.05336, -84.17792Laurel
Clear Creek of Roundstone CreekScaffold Cane Branch to Davis Branch37.44240, -84.27859/ 37.48595, -84.25532Rockcastle
Clifty Creek of Brushy CreekMouth to Rocky Branch37.21642, -84.46933/ 37.24147, -84.48323Pulaski
Cogur Fork of Indian Creek*Mouth to Headwaters36.79972, -84.39768/ HeadwatersMcCreary
Cumberland River of Lake CumberlandKentucky Wild River Boundaries36.87220, -84.32413/ 36.75173, -84.28413McCreary, Whitley
Dog Slaughter Creek of Cumberland River*Mouth to North and South Fork Dog Slaughter Creek36.85996, -84.31441/ 36.85930, -84.30072Whitley
Eagle Creek of Cumberland River*Mouth to Headwaters36.84359, -84.34359/ HeadwatersMcCreary
Fishing Creek of Lake Cumberland (Cumberland River)Lake Cumberland Backwaters to Puncheon Creek37.12475, -84.71187/ 37.22878, -84.71567Casey, Lincoln, Pulaski
Fugitt Creek of Clover Fork Cumberland River*Land Use Change to Headwaters36.91670, -83.08021/ HeadwatersHarlan
Horse Lick Creek of Rockcastle River*Mouth to Clover Bottom Creek37.31994, -84.13808/ 37.40908, -84.12219Jackson, Rockcastle
Howards Creek of Dale Hollow Lake*Dale Hollow Lake Backwaters to Headwaters36.69404, -85.22579/ HeadwatersClinton
Indian Creek of Cumberland River*Kilburn Fork to Barren Fork36.80492, -84.37957/ 36.78654, -84.41624McCreary
Jackie Branch of Bark Camp Creek*Mouth to Headwaters36.90449, -84.27945/ HeadwatersWhitley
Jellico Creek of Cumberland RiverMouth to Jacks Creek36.75172, -84.27458/ 36.72276, -84.27523McCreary, Whitley
Kettle Creek of Cumberland RiverTennessee State Line to Wells Creek36.61526, -85.49117/ 36.65104, -85.44504Monroe
Kilburn Fork of Indian CreekMouth to Headwaters36.80503, -84.37958/ HeadwatersMcCreary
Laurel Creek of Marsh CreekMouth to Laurel Creek Lake Dam36.73182, -84.37118/ 36.69308, -84.44385McCreary
Laurel Fork of Clear Fork*Tennessee State Line to Tiny Branch36.58947, -83.98760/ 36.63172, -83.95268Whitley
Laurel Fork of Middle Fork Rockcastle River*Mouth to Headwaters37.36733, -84.04829/ HeadwatersJackson
Leatherwood Creek of Marrowbone CreekMouth to Headwaters36.83564, -85.56409/ HeadwatersCumberland, Metcalfe, Monroe
Left Fork Fugitt Creek of Fugitt CreekMouth to Headwaters36.92528, -83.04509/ HeadwatersHarlan
Little South Fork of Cumberland River*Backwaters of Lake Cumberland to Langham Branch36.80583, -84.59556/ 36.64854, -84.78912McCreary, Wayne
Little White Oak Creek of White Oak CreekMouth to Headwaters37.10204, -84.19978/ HeadwatersLaurel
Marsh Creek of Cumberland River*Ford Crossing at CR-1060 East Kidd School Road and CR-1110 Kidd School Road to Tennessee State Line36.69964, -84.34471/ 36.59540, -84.40845McCreary
Martins Fork of Cumberland RiverRough Branch to Headwaters36.69766, -83.39220/ HeadwatersBell, Harlan
McFarland Creek of Cumberland RiverPoore Branch to Tennessee State Line36.63276, -85.50960/ 36.61585, -85.55184Monroe
McFarland Creek of Cumberland RiverTennessee State Line to Tennessee State Line36.61628, -85.57728/ 36.61646, -85.58620Monroe
Meshack Creek of Cumberland RiverMouth to Pitcock Branch36.70211, -85.53507/ 36.73160, -85.54153Monroe
Middle Fork Rockcastle River of Rockcastle River*Mouth to Indian Creek and Laurel Fork37.33585, -84.11898/ 37.36739, -84.04838Jackson
Mud Camp Creek of Cumberland River*Mouth to Collins Branch36.76461, -85.51225/ 36.77858, -85.51607Cumberland
Mud Camp Creek of Cumberland River*Unnamed Tributary (at Milepost 0.25 of CR-1335 Sawmill Hollow Road) to Headwaters36.78298, -85.55654/ HeadwatersCumberland, Monroe
Otter Creek of Lake Cumberland0.75 River Miles Upstream of Gap Creek to Carpenter Fork36.76911, -84.96678/ 36.70801, -84.95672Wayne
Poor Fork Cumberland River of Cumberland River*Franks Creek to Headwaters37.05547, -82.80558/ HeadwatersLetcher
Presley House Branch of Poor Fork Cumberland River*Mouth to Headwaters37.06433, -82.79065/ HeadwatersLetcher
Puncheoncamp Branch of Rock Creek*Mouth to Headwaters36.65874, -84.64042/ HeadwatersMcCreary
Sand Lick Creek of Crocus CreekMouth to Unnamed Tributary36.92458, -85.27126/ 36.92129, -85.24942Adair, Cumberland, Russell
Shilalah Creek of Clear Fork*Mouth to to Headwaters36.66632, -83.59259/ HeadwatersBell
Sinking Creek of Rockcastle River*Mouth to White Oak Creek37.10193, -84.27981/ 37.09095, -84.20416Laurel
South Fork Dog Slaughter Creek of Dog Slaughter Creek*Mouth to Headwaters36.85930, -84.30072/ HeadwatersWhitley
South Fork Rockcastle River of Rockcastle RiverMouth to to White Oak Creek37.33576, -84.11903/ 337.29097, -84.08801Jackson, Laurel
Sulphur Creek of Cumberland RiverLittle Sulphur Creek to Baxter Branch36.68446, -85.57250/ 36.68327, -85.60582Monroe
Sulphur Creek of Dale Hollow Lake (Wolf River)*Dale Hollow Reservoir Backwaters to Headwaters36.64784, -85.20342/ HeadwatersClinton
Unnamed Tributary of Cane Creek of Rockcastle RiverMouth to Headwaters37.05162, -84.19761/ HeadwatersLaurel
Unnamed Tributary of Rock Creek of Big South Fork Cumberland River*Mouth to Headwaters36.66420, -84.62917/ HeadwatersMcCreary
Unnamed Tributary of Rock Creek of Big South Fork Cumberland River*Mouth to Headwaters36.64450, -84.71115/ HeadwatersMcCreary
Watts Branch of Rock Creek*Mouth to Headwaters36.65759, -84.65619/ HeadwatersMcCreary
Watts Creek of Cumberland River*Camp Blanton Lake to Headwaters36.86035, -83.37971/ HeadwatersHarlan
White Oak Creek of Sinking CreekLittle White Oak Creek to Headwaters37.10204, -84.19978/ HeadwatersLaurel
*Waterbodies in the cabinet's reference reach network

(a)

Categorization criteria. A surface water shall be categorized as an exceptional water if the surface water:

1.

Is designated as a Kentucky Wild River and is not categorized as an outstanding national resource water;

2.

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

3.

Contains 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.

Macroinvertebrate community that is rated "excellent" by the Macroinvertebrate Bioassessment Index included in "The Kentucky Macroinvertebrate Bioassessment Index," 2003; or

4.

Is 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 established 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. Existing instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected. 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, except:

1.

 

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:

(i)

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; and

(ii)

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 1.c. of this paragraph, unless the permittee chooses to satisfy applicable antidegradation requirements pursuant to subparagraph 3. of this paragraph.

a.

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. A general permit issued pursuant to 401 KAR 5:050 through 5:080 shall be compliant with the alternatives and socioeconomic analysis requirements if:

(i)

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 1.c. of this paragraph upon each general permit issuance;

(ii)

The requirements and conditions in a general permit will prevent a lowering of water quality, the cabinet shall describe in the Fact Sheet how the general permit complies with the antidegradation policy established in 401 KAR 10:029, Section 1; and

(iii)

The cabinet notifies the public 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.

An antidegradation review shall not be required for maintenance of an existing highway facility. 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 shall satisfy the:

(i)

Alternatives analysis for lowering water quality requirement if an alternatives analysis for the project has been submitted; and

(ii)

Socioeconomic demonstration requirement 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).

d.

An individual MS4 permit issued pursuant to 401 KAR 5:050 through 5:080 shall be compliant with the alternatives and socioeconomic analysis requirements if the:

(i)

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; and

(ii)

Requirements and conditions in the MS4 permit will prevent a lowering of water quality, the cabinet shall describe in the Fact Sheet how 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:

(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:

(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.

A surface water assessed by the cabinet as not fully supporting an applicable designated use shall be categorized as impaired for the purposes of this administrative regulation, except as established in subparagraph 2. of this paragraph.

2.

A surface water shall not be categorized as impaired water for the purposes of this administrative regulation if the surface water is listed:

a.

As an outstanding state resource water in 401 KAR 10:026;

b.

As an exceptional water in 401 KAR 10:030; or

c.

Only as mercury or methylmercury 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 through 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:

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, DEP Form 7032, May 2019.

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Water, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

(a)

The Socioeconomic Demonstration and Alternative Analysis, KPDES Form SDAA, DEP Form 7032, May 2019, is also available on the division's Web site at https://eec.ky.gov/Environmental-Protection/Water/PermitCert/KPDES/Pages/default.aspx.

(b)

"Development and Application of the Kentucky Index of Biotic Integrity" and "Kentucky Macroinvertebrate Bioassessment Index" is also available on the division's Web site at https://eec.ky.gov/Environmental-Protection/Water/QA/Pages/default.aspx.

HISTORY: (21 Ky.R. 2843; Am. 89; 280; eff. 7-12-1995; 26 Ky.R. 145; 819; 1144; eff. 12-8-1999; 30 Ky.R. 1024; 1801; 31 Ky.R. 558; eff. 9-8-2004; TAm eff. 8-9-2007, Recodified from 401 KAR 5:030, 6-11-2008; 35 Ky.R. 161; 908; 36 Ky.R. 31; eff. 7-30-2009; 37 Ky.R. 2071; 2655; eff. 8-5-2011; 42 Ky.R. 884; 2092; eff. 2-5-2016; TAm 7-8-2016.; 46 Ky.R. 202, 1231, 1840; eff. 1-3-2020.)

7-Year Expiration: 1/3/2027

Last Updated: 2/1/2022


Page Generated: 9/19/2024, 12:15:11 PM