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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />0017 27 <br /> <br />MUSICK, WILLIAMSON, SCHWARTZ, <br />LEAVENWORTH & COPE, P. C. <br /> <br />Water Quality Control Commission <br />June 27, 1980 <br />Page Three <br /> <br />In setting these standards, the Commission has set forth <br />certain considerations for their deliberation. These considerations <br />can be found at Section 3.1.6(1) of the "Regulations Establishing <br />Basic Standards and an Antidegradation Standard and Establishing <br />a System for Classifying State Waters, for Assigning Standards, <br />and for Granting Temporary Hodifications" (hereinafter referred <br />to as "\vater Quality Standards"). A revie\v of each of these con- <br />siderations is helpful in assessing the present situation in <br />this segment of Coal Creek. <br /> <br />1. 3.1.6(a). Classifications should be directed towards <br />the realization of the water quality goals set forth in the federal <br />and state acts. <br /> <br />A Class 2-Warm Water Aquatic Life classification will be <br />sufficient to achieve the 1983 fishable, swimmable goals set <br />by the Clean Water Act. A status quo ammonia level will have <br />no effect on this body of water as a swimmable resource. In addition, <br />such ammonia levels will not affect the present fish population <br />for this stream. That is based on the belief of the City and <br />supported by the report submitted by Dr. Lewis, that the improvement <br />in ammonia may not improve the fishery in Coal Creek. The present <br />fishery is also impacted by intermittent stream flows, sandy <br />creek bottoms, high temperatures, and nonpoint source pollution. <br />A limited fishery presently exists, but the improvement of that <br />fishery must be based on all of these factors--not just ammonia. <br /> <br />2. 3.1.6(b). It is state law and policy to prevent any <br />water quality degradation that can interfere with present uses. <br /> <br />A Class 2-Warm Water Aquatic Life classification will not <br />interfere with any present uses on Coal Creek. In addition, it <br />is not a degradation of the stream, rather the proposal by the <br />Division represents an upgrading. ' <br /> <br />3. 3.l.6(c). Upstream classifications must not jeopardize <br />downstream classifications or actual uses. <br /> <br />The Class 2-Warm Water Aquatic Life classification protects <br />all present uses on Coal Creek and all present uses downstream <br />from Coal Creek. In addition, such classification will not jeopardize <br />any downstream classifications. <br /> <br />This conclusion is based on the report of Dr. William Lewis <br />that indicated instream concentrations of ammonia at 0.03 mg/l <br />prior to entering Boulder Creek. This level of ammonia would <br />