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					         Recommendations Regarding Identification of “Sensitive Waters,”
                            as Defined in Rule 13

       IDEM’s proposed rule, Storm Water Run-Off Associated with Municipal Separate
Storm Sewer Systems, [327 IAC 15-13-1 et seq.] requires “an MS4 operator [to] assess
the water quality of all known receiving waters and storm water outfall discharged within
the MS4 area [including]:
       (1) an investigation of land usage and assessment of structural and non-structural
             storm water BMP locations;
       (2) the identification of known sensitive water areas;
       (3) a review of known existing and available monitoring data of the MS4
             receiving waters,
       (4) the identification of areas have a reasonable potential, or actually causing,
             pollutant problems.” [327 IAC 15-13-7 (a)]
       “Sensitive water” is defined in Section 5 (67) of the rule as “a water body in need of
protection or remediation based on its:
               (A) providing habitat for threatened or endangered species;
               (B) usage as a public water supply intake;
               (C) relevant community value, or
               (D) exceptional use classification as found in 327 IAC 2-1-11(b),
                     outstanding state resource water classification [also designated as
                     “high quality waters”] as found in 327 IAC 2-1-2(3) and 327 IAC 2-
                     1.5-19(b).”
       INDOT, as an MS4 operator, is expected to identify these “sensitive waters” and to
implement minimum control measures “to ensure that existing … state … operations are
performed in ways that will reduce contamination of storm water discharges.” [327 IAC
15-13-17(b)]
       Section 17(b)(2) of the rule requires the implementation of “Controls for reducing
or eliminating the discharge of pollutants from operational areas, including roads, parking
lots, maintenance and storage yards, and waste transfer stations,” including the following:
       (A) Covering, or otherwise minimizing, storm water contact with, deicing salt or
             sand storage piles.
       (B) Providing facilities for containment of any accidental losses of concentrated
             solutions, acids, alkalies, salts, oils, or other polluting materials.
       (C) Standard operating procedures for spill prevention and clean up during fueling
             operations.
       (D) BMPs for vehicular maintenance areas.
       (E) Prohibition of equipment or vehicle wash waters and concrete or asphalt
             hydrodemolition waste waters into storm water run-off, except under the
             allowance of an appropriate NPDES wastewater permit.
       (F) Promotion of recycling (to reduce litter), minimization of pesticide use, and
             proper disposal of animal waste. Pesticides shall be used, applied, handled,
             stored, mixed, loaded, transported, and disposed of via office of the Indiana
             state chemist’s guidance requirements. Canine parks shall be sited at least one
             hundred fifty (150) feet away from a surface water body.
       The identification of known “sensitive waters” is critical to the development of
INDOT’s Storm Water Quality Management Plan because of its 160-plus maintenance
facilities at 143 locations throughout the state and the thousands of miles of highways
with numerous rest parks that it oversees.
       The four criteria established for identifying “sensitive waters” will be further
described in a forthcoming Rule 13 Guidance Manual to be published by IDEM. The
immensity of the task for INDOT, however, requires that the identification begin
immediately.* Each of the four criteria are addressed below, in recommendations for
how INDOT should proceed with the identification of “sensitive waters.”
(A) providing habitat for threatened or endangered species;
       Indiana’s Department of Natural Resources created a GIS database known as the
“Natural Areas and Endangered, Threatened and Rare (ETR) Species” database. The
acquisition of this database requires a special arrangement with DNR Natural Heritage
Data Center. Species having state or federal designations of endangered, threatened, rare,
special concern, extirpated or on a “watch list” are identified by generic descriptor (bird,
mammal, etc.), heritage species code and are located by latitude and longitude in decimal
degrees, as well as by county and watershed.
       The ETR and INDOT maintenance facilities GIS databases have been merged and
the 19 facilities that are not connected to a POTW and are within 3,000 feet of an ETR
location have been identified.
(B) usage as a public water supply intake;
       A GIS database of public water supply intakes has been merged by Purdue with the
INDOT facilities and state highways databases to produce a GIS map which readily
depicts the proximity of the INDOT properties to the intakes. No INDOT maintenance
facilities not connected to a POTW are within 1,000 feet, 3,000 feet or one mile of a
public water intake.
(C) relevant community value;
       “Relevant community value” is not defined in the proposed rule. It is defined in the
proposed Guidance Manual (February 2002) as “an area, both land and water, that is
deemed important by local municipal, state or federal governments for their recreational
value. These areas can be locally designated for such public activities as swimming,
fishing, boating and [water] skiing.” A GIS database of state/federal/local public
recreation areas with water bodies has been merged with a database of INDOT
maintenance facilities not connected to a POTW, revealing only three facilities that are
within one mile of such a recreational area.
(D) exceptional use classification as found in 327 IAC 2-1-11(b), outstanding state
resource water classification [also designated as “high quality waters”] as found in
327 IAC 2-1-2(3) and 327 IAC 2-1.5-19(b).
       The Indiana Department of Environmental Management Office of Water Quality
maintains GIS databases which identify the river and stream segments included in the
above citations. Purdue has merged these databases with the INDOT facilities and
highway databases and produced GIS maps that depict the proximity of the INDOT
properties to the rivers and streams. Three maintenance facilities not connected to a
POTW are located within one mile of identified segments. Purdue is currently
identifying the state highway segments that are within one mile of these “sensitive” water
segments.
       Indiana’s Natural Resources Commission, in 1993, promulgated its “Outstanding
Rivers List for Indiana.” It is the state’s “umbrella” list of rivers and streams “which

*The criteria are applied, here, to the entire state, not only the designated MS4 areas. If
agreement is reached between INDOT and IDEM that the NPDES permit will cover only
maintenance facilities in MS4 areas, the application of the criteria will be restricted to
these areas.

                                             2
have particular environmental or aesthetic interest.” A river or stream is included on the
list if it qualifies under one or more of twenty-two categories.
        The three tables that follow are constructed from two IDEM GIS databases, 1 DNR
GIS database and the Outstanding Rivers list (which has no separate GIS database). The
available databases account for the 15 river and stream segments referenced in the Rule
13 citation as exceptional use waters or high quality waters. These are included among
the 65 on the Outstanding Rivers list. These 15 are included among the 23 segments in
the table, attached, identified as “INDOT Priority No. 1.” The other 8 segments listed in
this Table are explained in the table notes.
        The second table, “INDOT Priority No. 2,” is comprised of “rivers identified as
having outstanding ecological, recreational or scenic importance.” There are 11
segments included on this list. None are currently on the Rule 13 “sensitive waters” lists
cited, but they may be added in the future or, subsequently, be considered by IDEM to be
“sensitive waters” for the purpose of NPDES permitting.
        The third table, identified as “INDOT Priority No. 3,” contains 26 river and stream
segments, none of which are currently included in the Rule 13 “sensitive waters” lists
cited, but are segments “identified by state natural heritage programs or similar state
programs as having outstanding ecological importance.” These, too, may be added to the
“sensitive waters” list or, subsequently, be considered by IDEM to be such for the
purpose of NPDES permitting.
        A more thorough analysis of the DNR Natural Areas and Endangered, Threatened
and Rare (ETR) Species database could reveal some of the segments in the Priority Nos.
2 and 3 lists being classified -- for purposes of Rule 13 -- as “sensitive waters.”




                                                                      Rev 4/29/02




                                            3
                                INDOT PRIORITY NO. 1
                                  Rivers and Streams

 River           Significance   County           GIS Database       Segment

Bear Creek         EUW          Fountain         EUS (IDEM)     C.R. 250W to conflu-
                                                                ence with the Wabash

Bear Creek         EUW          Fountain         EUS (IDEM)     Within Portland Arch
Tributary                                                       Nature Preserve

Big Pine           EUW          Warren           EUS (IDEM)     S.R. 18 to confluence
Creek                                                           with Wabash River

Big Walnut         7            Putnam           N & S (IDNR)   Hendricks/Putnam Co.
Creek                                                           Line to S.R. 36

Blue River         HQW          Crawford,        N & S (IDNR)   U.S. 150 in Fredericks-
                                Harrison,                       burg to S.F. 462
                                Washington

Blue River         EUW          Washington       EUS (IDEM)     Confluence of West &
                                                                Middle Forks of Ohio
                                                                River

Blue, South        EUW          Washington       EUS (IDEM)     S.R. 135 to confluence
Fork                                                            with Blue River

Cedar Creek        HQW          Allen,           N & S (IDNR)   DeKalb C.R. 68 to St.
                                DeKalb                          Joseph River

Clifty Creek       EUW          Montgomery EUS (IDEM)           Headwaters to conflu
                                                                ence with Indian Creek

Elkhart River,     7            Noble            N & S (IDNR)   C.R. 100N to U.S. 6
South Branch

Fall Creek         EUW          Warren           EUS (IDEM)     U.S. 41 to confluence
                                                                with Big Pine Creek

Indian Creek       EUW          Montgomery EUS (IDEM)           C.R. 475W to conflu-
                                                                ence with Sugar Creek

Lost River         EUW          Martin,          EUS (IDEM)     Potato Road to conflu-
                                Orange                          ence with East Fork
                                                                White River

Mud Pine           EUW          Warren           EUS (IDEM)     S.R. 352 to confluence
Creek                                                           with Big Pine Creek

                                             4
                                                                                Priority No. 1
           River         Significance    County           GIS Database          Segment

         Rattlesnake        EUW          Fountain         EUS (IDEM)       C.R. 350W to conflu-
         Creek                                                             ence with Bear Creek

         Sand Creek        17            Bartholomew, N & S (IDNR)         Westport Covered
                                         Decatur,                          Bridge to Brewersville
                                         Jackson,                          Road
                                         Jennings

         Sugar Creek       7             Montgomery, N & S (IDNR)          Darlington Covered
                                         Parke                             Bridge to confluence
                                                                           with Wabash River

         Tippecanoe        See           Kosciusko        N & S (IDNR)     Kosciusko Co. C.R.
         River             Notes         Marshall                          700W to Marshall Co.
                                                                           Moores Ditch

         Whitewater        7             Dearborn,        N & S (IDNR)     Laurel Feeder Dam to
         River                           Fayette,                          New Trenton Bridge
                                         Franklin

         Wildcat Creek     HQW           Carroll,         N & S (IDNR)     S.R. 29 to confluence
                                         Tippecanoe                        with Wabash River

         Wildcat Creek,    HQW           Clinton,         N & S (IDNR)     S.R. 38 to confluence
         South Fork                      Tippecanoe                        with Wildcat Creek,

         Indiana portion of the open waters of Lake Michigan (HQW)

         All waters incorporated in the Indiana Dunes National Lakeshore (HQW)

                                                                                       Rev. 4/23/02

Notes: “EUW” means “Exceptional Use Waters” (pursuant to 327 IAC 2-1-11(b). “HQW: means
“High Quality Waters” (also referred to as “Outstanding State Resource Waters,” pursuant to 327 IAC
2-1-2(3) and 327 IAC 2-1.5-19(b). As to numerical codes: 7 means “outstanding rivers from state
inventories or assessments; i.e., rivers identified as having statewide or greater significance;” 17 means
“miscellaneous rivers identified as having outstanding ecological, recreational or scenic importance.
“EUS (IDEM)” means IDEM’s Exceptional Use Streams database. “N & S (IDNR)” means DNR’s
Natural and Scenic Rivers database. The six segments coded 7 or 17 are included in the Priority No. 1
list because other segments on this list coded “EUW” and “HQW” are also coded 7 or 17 in the
“Outstanding Rivers List for Indiana.” The Tippecanoe River Segment is included in the state’s Natural
and Scenic Rivers inventory and is designated by the National Park Service as qualified for inclusion in
the National Wild and Scenic Rivers System.
Source: “Outstanding Rivers List for Indiana,” Indiana Natural Resources Commission, Indiana
Register, March 1, 1993 and elsewhere, subsequently.


                                                      5
                              INDOT PRIORITY NO. 2
                                Rivers and Streams

 River         Significance   County         GIS Database         Segment

Big Creek        17           Jefferson                       East side of Jefferson
                                                              Military Reservation
                                                              boundary to Graham
                                                              Creek

Deep River       17           Lake, Porter                    1 mile south of U.S. 30
                                                              to Little Calumet River

Graham           17           Jefferson,                      New Marion to conflu-
Creek                         Jennings,                       ence with Big Creek
                              Ripley

Indian-          17           Jefferson,                      Confluence with Vestal
Kentuck                       Ripley                          Branch to confluence
Creek                                                         with Ohio River

Kilmore          17           Clinton                         U.S. 421 to confluence
Creek                                                         with South Fork Wild-
                                                              cat Creek

Little Creek     17           Jefferson                       Kent to Big Creek

Mississinewa     17           Miami                           Mississinewa Reservoir
                                                              to confluence with
                                                              Wabash River

Otter Creek      17           Jennings,                       Covered Bridge North
                              Ripley                          of Holton to confluence
                                                              with Vernon Fork
                                                              Muscatatuck

Patoka River     17           Dubois,                         Patoka Reservoir to
                              Gibson,                         confluence with
                              Pike                            Wabash River

Sugar Mill       17           Fountain,                       Wallace to confluence
Creek                         Parke                           with Sugar Creek

Wildcat Creek,   17           Clinton,                         S.R. 26 (Edna Mills) to
Middle Fork                   Tippecanoe                       confluence with Wild-
                                                               cat Creek, South Fork
Notes: Numerical code 17 means “miscellaneous rivers identified as having outstanding
ecological, recreational or scenic importance.”
Source: “Outstanding Rivers List for Indiana,” Indiana Natural Resources Commission,
Indiana Register, March 1, 1993 and elsewhere, subsequently.              Rev. 4/23/02
                                             6
                              INDOT PRIORITY NO. 3
                                Rivers and Streams

 River         Significance   County          GIS Database       Segment

Big Blue         11           Johnson,                       Flatrock River to
                              Rush,                          Carthage
                              Shelby

Black River      11           Posey                          Confluence with
                                                             Higginbotham Ditch
                                                             to confluence with
                                                             Wabash River

Buck Creek       11           Harrison                       Headwaters to conflu-
                                                             ence with Ohio River

Cypress          11           Posey                          Confluence with
Slough Creek                                                 Castleberry Creek to
                                                             Southwind Maritime
                                                             Center

Driftwood        11           Bartholomew                    Atterbury Fish and
                                                             Wildlife Area to
                                                             Columbus

Fawn             11           Lagrange,                      Nevada Mills to
                              Steuben                        Indiana/Michigan Line
                                                             and Indiana/Michigan
                                                             to Indiana/Michigan
                                                             line

Fish Creek       11           Dekalb,                        Ohio/Indiana line to
                              Steuben                        Indiana/Ohio Line

Fourteen-                     Clark                          Confluence of East and
Mile Creek       11                                          West Forks to conflu-
                                                             ence with Ohio River

Indian Creek     11           Harrison                       Floyd/Harrison Co.
                                                             Line to confluence with
                                                             Ohio River




                                          7
                                                                      Priority No. 3
 River          Significance   County          GIS Database       Segment

Kankakee          11           LaPorte,                       Upstream boundary of
                               Newton,                        Kingsbury Fish and
                               Porter                         Wildlife Area through
                                                              LaSalle State Fish and
                                                              Wildlife Area to
                                                              Indiana/Illinois line

Laughery          11           Dearborn,                      Source just east of
Creek                          Ohio,                          Morris in Ripley Co. to
                               Ripley                         confluence with Ohio
                                                              River

Little Blue       11           Crawford                       Town of English to
                                                              confluence with Ohio

Little Indian                  Harrison                       Pfrimmer Church to
Creek             11                                          confluence with Indian
                                                              Creek

Little                         Harrison                       Headwaters to conflu-
Mosquito          11                                          ence with Mosquito
                                                              Creek

Little Pine                    Warren                         Bridge SW of Green
Creek             11                                          Hill to confluence with
                                                              Wabash River

Mosquito                       Harrison                       Buena Vista to conflu-
Creek             11                                          ence with East Fork
                                                              White River

Muscatatuck,      11           Jackson,                       Zenas to confluence
Vernon Fork                    Jennings                       with Muscatatuck Fork

Oil Creek         11           Perry                          St. Croix to confluence
                                                              with Ohio River

Pigeon            11           LaGrange                       S.R. 327 to Indiana/
                                                              Michigan Line

Rattlesnake                    Parke                          C.R. 400/450S to
Creek             11                                          confluence with Sugar
                                                              Creek


                                           8
                                                                       Priority No. 3
 River         Significance   County          GIS Database         Segment

Roaring                       Parke                            1 mile upstream of
Creek            11                                            S.R. 41 to confluence
                                                               with Sugar Creek

Stinking         11           Crawford                         Headwaters to conflu-
Fork                                                           ence with Little Blue
                                                               River

Sugar Creek      11           Johnson,                         Inclusive within
                              Shelby                           Johnson and Shelby
                                                               Counties

Turkey Fork      11           Crawford                         I-64 to confluence with
                                                               Little Blue River

White River,     11           Bartholomew,                     Columbus to conflu-
East Fork                     Daviess, Dubois,                 ence with West Fork
                              Jackson, Lawrence,
                              Martin, Pike

White River,     11           Daviess,                         Farmland to conflu-
West Fork                     Delaware, Gibson,                ence with Wabash
                              Knox, Greene,                    River
                              Hamilton, Madison,
                              Marion, Morgan,
                              Owen, Randolph




                                                                          Rev. 4/23/02

Notes: Numerical code 11 means “rivers identified by state natural heritage programs or
similar state programs as having outstanding ecological importance.”
Source: “Outstanding Rivers List for Indiana,” Indiana Natural Resources Commission,
Indiana Register, March 1, 1993 and elsewhere, subsequently.




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