2011-02-15_REVISION - C1980004 (2)

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CDOW Rebuttal Statement — Regulation 37 December 2010 Reg. 37 Rule - Making Hearing capacity of East Salt Creek to support reproducing populations of fish. The CDOW's survey results for East Salt Creek do not have a direct effect on either the CAM proposal or the WQCD proposal because both entities have proposed that the maiunstem of East Salt Creek remain in existing Segment 13a. However, the CDOW believes that the results of these surveys are indicative of general patterns of variability expected in ephemeral and intermittent streams. In particular, it is unlikely that a single reconnaissance site on an and ephemeral or intermittent stream will provide an adequate characterization of the stream's potential to support flowing or standing water and aquatic life, especially if no biological data are collected. For these reasons, the CDOW believes it is appropriate that the WQCD focused its alternative proposal to include only those streams covered by more rigorous biological sampling (Le., no reconnaissance sites). While the streams in the WQCD's proposed Segment De where characterized by single sampling sites, the exclusion of streams with no biological sampling is an improvement over CAM's original proposal. Table 1. CDOW personnel observed hundreds of juvenile and larval fish in East Salt Creek in June 2010. A subsarnple of these fish (n = 87) was sent to the Colorado State University Larval Fish Labor atory for identification, and the results are presented below. --- ON ME i t r- postflexion mesolarvae (n = 1) 7.5 metalarvae (n = 1) 15 juvenile (n = 2) 16.5 adult (n = 2 ) 67 -68 postflexion mesolarvae (n -10) 20 -23 metalarvae (n = 46) 24 -28 juven (n = 25) 30 -34 The CDOW also wishes to emphasize that, like the bluehead sucker collected in East Salt Creek by GEI (CAM Exhibit 4, page 27), flannelmouth sucker are a declining native species (Rees et al. 2005). Along with five other states and federal agencies, the CDOW is a signatory to the Range -Wide Agreement -and Conservation -Strategy aimed at the^ - cooperative conservation of roundtail chub, bluehead sucker, and flannelmouth sucker (Karpowitz 2006). Given the limited mobility of larval fish, it is likely that East Salt Creek supports spawning and rearing for sensitive life stages of native suckers. The CDOW expects similar conditions in West Salt Creek and Big Salt Wash (CDOW RPHS, page 3), and the WQCD's proposed resegmentation addresses the CDOW's recommendation that West Salt Creek and Big Salt Wash be retained along with East Salt Creek in existing Segment 13a. However, the CDOW notes that additional water - quality data and data confirming the presence of these fishes may support adoption of the full suite of aquatic life standards in these streams in the future. In addition to differences in geographic coverage, the alternative proposed by the WQCD differs from CAM's original proposal in terms of the applicable water - quality standards. While CAM originally proposed no standards for pH and a dissolved oxygen standard of December 1, 2010 4