Review of Class 2A (Cold Water) and Class 2B (Warm Water/Cool Water) Aquatic Life Use Classifications

Transcription

1 Review of Class 2A (Cold Water) and Class 2B (Warm Water/Cool Water) Aquatic Life Use Classifications Draft, January 2014

2 Review of Class 2A (Cold Water) and Class 2B (Warm Water/Cool Water) Aquatic Life Use Classifications DRAFT January 2014 Authors R. William Bouchard, Jr. and John A. Genet Environmental Analysis and Outcomes Division Document Number wq-s6-29

3 Contributors Erin Andrews, Chandra Carter, Joel Chirhart, Mike Feist, Dan Helwig, Mike Kelly, Mike Koschak, Mike Kramschuster, Ben Lundeen, Jessica Moore, Scott Niemela, Aaron Onsrud and John Sandberg, MPCA Environmental Analysis and Outcomes Division The MPCA is reducing printing and mailing costs by using the Internet to distribute reports and information to our wider audience. For additional information, see the website:

4 Table of Contents Contributors... 3 I. Introduction... 1 II. Use change review process... 1 III. Specific use changes Update of Class 2A stream designations based on MNDR trout waters designations Class 2A and 2B designations for streams based on MPCA intensive monitoring data Update of Class 2A Designations for lakes based on MNDR trout waters designations IV. Summary Appendix A:... 1 Appendix B:... 1 Appendix C:... 8 List of Tables Table 1: Cold water use designation changes based on updates to Minn. R Table 2: Cold water use designation changes based on a review of use by the MPCA Table 3: Cold water use designation changes to lakes based on updates to Minn. R Table of Figures Figure 1: Screening matrix for Class 2A and 2B waters (ind. = individual; * = if available; large southern coldwater streams are >35 square miles drainage area)... 2 MPCA Review Form... 2 MDNR Review Form... 3 (1) Buckingham Creek & (5) Unnamed creek (Coffee Creek)... 2 (2) Knowlton Creek... 3 (3) Merritt Creek... 4 (4) Spider Creek... 5 (6) Lawndale Creek (State Ditch No. 14)... 6 (7) South Branch Vermillion River... 7 (1) Barber Creek (East Swan River)... 9 (2) East Swan River (3) Briggs Creek (4) Hanson Brook (Three Mile) (5) Robinson Hill Creek (6) Snake River (7) Martin Creek (Poplar Brook) (8) Stoney Brook (Stony Brook) (9) Corey Brook (Cory Brook)... 17

5 (10) Cottonwood Creek (11) Hay Creek (12) Unnamed Ditch (tributary to Beaver Creek) (13) Brown s Creek (14) Unnamed Creek (15) Trout Brook (16) Unnamed Creek (Vermillion River Tributary) (17) Bridge Creek (18) Carters Creek (Curtis Creek) & (20) Root River, Middle Branch (19) Rice Creek (Sugar Creek) (21) Unnamed Creek (tributary to Wells Creek) (22) Wells Creek (23) Whitewater River, South Branch (24) Whitewater River, Middle Branch... 31

6 I. Introduction The (MPCA) will be proposing to update the language in Minn. R and amend water use classifications in Minn. R based on revised rule language and new information. Class 2A designation of cold water communities has in the past relied almost solely on the Minnesota Department of Natural Resources (MDNR) list of designated trout waters in Minn. R With the development and use of improved tools to assess the condition of Minnesota s waters (e.g., indices of biotic integrity, biological criteria) some differences in management goals between the MPCA and MDNR in designating cold water systems need to be addressed. A small number of waters in Minn. R are not appropriate for the MPCA to manage as cold water and there are some waters not included on the MDNR s list that the MPCA should be managed as cold water habitats. The MPCA s designation of cold water habitats is focused on identifying and protecting existing aquatic life uses which often aligns with the MDNR s trout waters list. Some differences in goals for streams between the MPCA and MDNR are a result of MDNR s designation process which can be impacted by property owner requests, fishing regulation considerations and the designation of trout protection waters which may or may not reflect the type of community that can be naturally supported in these systems. In addition, certain stream reaches may not have been previously assessed by MDNR and given the default Class 2B designation where a cold water community actually exists. As a result, MDNR listings do not always reflect available information and certain waters listed in Minn. R are not true cold water systems or, conversely, a cold water system is not currently listed in Minn. R Changes to the use change process and specific use changes will result in the setting of more accurate and attainable uses for Minnesota waters and will lead to improved management of these systems. II. Use change review process To change a use designation from cold water (Class 2A) to cool or warm water (Class 2B) or vice versa, a comprehensive review of biological, chemical and physical measures as well as other forms of data will be used to determine the natural and existing use status of a water. Biological data will be the primary source of information that will be used to demonstrate if a cold water use is an existing use. A review of the fish and macroinvertebrate data will focus on the presence or absence and the proportion of cold water species (e.g., trout, sculpin, the amphipod Gammarus and the small minnow mayfly Baetis tricaudatus). These reviews will include assessments of contemporary and historical data. Of particular importance for use designation is the demonstration that these waters do or have supported sustained trout reproduction and/or that they have good carry over. Waters that demonstrate the presence of a sustained reproducing population of any trout species will likely be designated as Class 2A. Waters that do not support any trout reproduction are likely to be designated Class 2B. However, waters that are managed as put-and-take brown trout fisheries and support good carryover will also likely retain the Class 2A designation under the rule change that will be proposed. Some streams that do not support trout due to barriers or stream size constraints may also be designated Class 2A based on the presence of a cold water macroinvertebrate community. Contemporary physical and chemical characteristics of the waterbody will be treated as secondary decision factors as they may not be good determinants of existing use. The use change review will need to demonstrate that the current use is incorrect. The process to review the use classification involves several steps: 1) Before assessment, all monitoring sites are screened to identify any possible classification issues (Figure 1). 1

7 2) Potentially misclassified or impaired reaches are reviewed by MPCA staff and all available and relevant data is compiled (Appendix A). In cases where limited data is available, recommendations may be made to collect additional data (e.g., biological data, temperature logger data, etc.). 3) After the first two steps, if a reach still indicates possible misclassification, it will be brought to MDNR staff familiar with the reach to discuss the use. As part of this discussion the MDNR provides historical and contemporary coldwater fish data and other evidence (Appendix A). 4) MPCA and MDNR data are reviewed by MPCA staff to determine the existing use and if necessary a recommended use is proposed. The outcomes of this process include: 1) no change in the use, 2) change use for the entire reach, or 3) change the use for part of the reach. In cases where the evidence is insufficient, the use will not be redesignated. In general, it will be the MPCA s responsibility to build the case for a use designation change. If the MPCA cannot meet this requirement, the water will default to the MDNR s trout waters list (Minn. R ). 2A (cold water) 2B (warm water) No Review Review No Review Review >25% cold ind. and temp* <17 in south and <20 in north >25% cold ind. and temp* >17 in south (>21 if large ) and >20 in north <25% cold ind. and temp* >17 in south (>21 if large ) and >20 in north <25% cold ind. and temp* <17 in south (<21 if large ) and <20 in north <10% cold ind. and temp* >17 in south (>21 if large ) and >20 in north <10% cold ind. and temp* <17 in south (<21 if large ) and <20 in north >10% cold ind. temp* >17 in south (>21 if large ) and >20 in north >10% cold ind. temp* <17 in south (<21 if large ) and <20 in north Figure 1: Screening matrix for Class 2A and 2B waters (ind. = individual; * = if available; large southern coldwater streams are >35 square miles drainage area). III. Specific use changes As part of the MPCA s review and updating of Class 2A and 2B uses, the recommended use changes can be classified into three groupings: 1) use designation changes to streams based on updates to Minn. R ) use designation changes to streams based on a review of use by the MPCA 3) use designation changes to lakes based on updates to Minn. R Groupings 1 and 3 largely follow the MPCA s current practice of using Minn. R to update Minn. R However the MPCA has now reviewed these changes and provided supporting information rather than simply incorporating these changes by reference. One change from Minn. R is that the MPCA has not recommended reclassifying the entire Lawndale Creek reach that the MDNR has redesignated. In addition, Buckingham and Coffee Creeks in Minn. R include sections that are underground and the MPCA will not 2

8 propose to include these underground segments. Besides these minor deviations, the MPCA is recommending aquatic life use changes based on updates to Minn. R Grouping 2 is the result of aquatic life use reviews that took place as part of MPCA s 2011 and 2012 surface water assessments. These recommended changes are independent of Minn. R and represent needed changes to align these reaches with MPCA s beneficial use framework. 1. Update of Class 2A stream designations based on MNDR trout waters designations The cold water stream listing changes that will be proposed in Minn. R in accordance with the most recent version of Minn. R are shown in Table 1. Specific information regarding each of these Class 2A reclassifications is provided below. Maps of the use changes are in Appendix B. Table 1: Cold water use designation changes based on updates to Minn. R No. Watercourse Name (existing rule item #) Location Description (Basin/County) Present Use Class Proposed Use Class 1 (31) Buckingham Creek Lake Superior/St. Louis 2B 2A 2 (123) Knowlton Creek Lake Superior/St. Louis 2B 2A 3 (266) Merritt Creek Lake Superior/St. Louis 2B 2A 4 (208) Spider Creek Lake Superior/St. Louis 2A 2B 5 (265) Unnamed creek (Coffee Creek) Lake Superior/St. Louis 2B 2A 6 (31) Lawndale Creek (State Ditch No. 14) Red River of the North/Wilkin 2B 2A 7 (197) Vermillion River, South Branch Lower Mississippi/Dakota 2B 2A (1) Buckingham Creek will be proposed to be reclassified as a Class 2A water. The MDNR reclassified Buckingham Creek as a trout stream in 2008 for two main reasons: (1) multiple years ( ) of temperature logger data indicate that the stream is able to support a cold water fish assemblage and (2) the presence of naturally reproducing trout communities. Considering this information, it is reasonable to remove the Class 2B, 3C classifications assigned to non-trout waters and replace them with uses assigned to trout waters, Class 1B, 2A and 3B. The MPCA will propose to make this change in Minn. R , subp. 1, item A by adding a subitem to acknowledge the cold water aquatic community supported by this stream. The MDNR includes T.50, R.14, S.34 and S.33 in Minn. R , however, the reach of Buckingham Creek in T.50, R.14, S.34 and part of S.33 is currently underground. Therefore, the section from West 1 st Street to the Duluth Harbor is not included in Minn. R , subp. 1, item A. (2) Knowlton Creek will be proposed to be reclassified as a Class 2A water. The MDNR reclassified Knowlton Creek as a trout stream in 2008 for two main reasons: (1) multiple years ( ) of temperature logger data indicate that the stream is able to support a cold water fish assemblage and (2) trout were once common in this stream and there are plans to restore this condition through stocking. Considering this information, it is reasonable to remove the Class 2B, 3C classifications assigned to non-trout waters and replace them with uses assigned to trout waters, Class 1B, 2A and 3B. The MPCA will propose to make this change in Minn. R , subp. 1, item A by adding a subitem to acknowledge the cold water aquatic community supported by this stream. (3) Merritt Creek will be proposed to be reclassified as a Class 2A water. The MDNR reclassified Merritt Creek as a trout stream in 2008 for two main reasons: (1) multiple years ( ) of temperature logger data indicate that the stream is able to support a cold water fish assemblage and (2) the presence of naturally reproducing trout 3

9 communities. Considering this information, it is reasonable to remove the Class 2B, 3C classifications assigned to non-trout waters and replace them with uses assigned to trout waters, Class 1B, 2A and 3B. The MPCA will propose to make this change in Minn. R , subp. 1, item A by adding a subitem to acknowledge the cold water aquatic community supported by this stream. (4) Spider Creek and its tributaries will be proposed to be reclassified as a Class 2B water. The MDNR delisted Spider Creek as a trout stream in 2008 for two main reasons: (1) three years ( ) of temperature logger data indicate that it is not able to support a cold water fish assemblage and (2) since its designation in the 1960 s there has been no evidence of trout ever reproducing, or having any return from stocking effort. Data collected by the MPCA in 2009 echo the MDNR s sampling data, with no trout sampled in any visits from 1947 to Considering this information, it is reasonable to remove the Class 1B, 2A, 3B classifications assigned to trout waters and replace them with uses assigned to non-trout waters, Class 2B and 3C. The MPCA will propose to make this change in Minn. R , subp. 1, item A, subitem 208 (existing rule) to acknowledge the cool or warm water aquatic community supported by this stream. (5) Unnamed creek (Coffee Creek) will be proposed to be reclassified as a Class 2A water. The MDNR reclassified Coffee Creek as a trout stream in 2008 for two main reasons: (1) multiple years ( ) of temperature logger data indicate that the stream is able to support a cold water fish assemblage and (2) the presence of naturally reproducing trout communities. Considering this information, it is reasonable to remove the Class 2B, 3C classifications assigned to non-trout waters and replace them with uses assigned to trout waters, Class 1B, 2A and 3B. The MPCA will propose to make this change in Minn. R , subp. 1, item A by adding a subitem to acknowledge the cold water aquatic community supported by this stream. The MDNR includes T.50, R.14, S.33 and S.32 in Minn. R , however, the reach of Coffee Creek in T.50, R.14, S.33 and part of S.32 is currently underground. Therefore, the section from Piedmont Avenue to St. Louis Bay is not included in Minn. R , subp. 1, item A. (6) A section of Lawndale Creek (State Ditch No. 14) upstream of its confluence with Judicial Ditch 3-4 will be proposed to be reclassified as a Class 2A water. The MDNR indicates that this reach includes a recent stream restoration project to reconnect a natural channel previously bypassed by a ditch. Recent monitoring by MDNR has indicated the presence of springs and water temperatures suitable for trout. The restoration channel design is intended to improve trout habitat, and in 2010 the MDNR stocked brook trout in this reach. An established brook trout population already resides in Class 2A reaches upstream of this segment (upstream of 270 th Avenue), and this reclassification will extend the designated trout water of Lawndale Creek for approximately two miles downstream of 270 th Avenue. Considering this information, it is reasonable to remove the Class 2B, 3C classifications assigned to non-trout waters and replace them with uses assigned to trout waters, Class 1B, 2A and 3B. The MPCA will propose to make this change in Minn. R , subp. 3, item A, subitem 31 (existing rule) to acknowledge the cold water aquatic community supported by this stream. The MDNR includes all of T.136, R.46. S.22 and S.27 in Minn. R , however biological data collected by the MPCA indicate that this lower reach does not support a cold community. In addition the MDNR indicates that this reach is marginal for trout. As a result, the reach of Lawndale Creek 4

10 below Judicial Ditch 3-4 in T.136, R.46. S.22 and S.27 is not included in Minn. R , subp. 3, item A. (7) The MPCA will propose to reclassify the South Branch Vermillion River downstream of Blaine Avenue as a Class 2A water. Changing this section of the river to Class 2A represents an alignment between Minn. R and Minn. R As supporting evidence for this reclassification, the MPCA has also collected data documenting the presence of brown trout in this river as well as water temperatures (average July temp. temperature. = 17.1 C, average August temperature = 16.7 C) favorable for cold water species. Considering this data as well as MNDR s acknowledgement of the cold water characteristics of this stream, it is reasonable to remove the Class 2B, 3C classifications assigned to non-trout waters and replace them with uses assigned to trout waters, Class 1B, 2A and 3B. The MPCA will propose to make this change in Minn. R , subp. 7, item A by adding a subitem to acknowledge the cold water aquatic community supported by this stream. 2. Class 2A and 2B designations for streams based on MPCA intensive monitoring data The streams that will be proposed for aquatic life use reclassifications based on an evaluation of fish community, macroinvertebrate community and water temperature data are shown in Table 2. These changes represent a departure from the most recent version of Minn. R Specific information regarding each of these Class 2A reclassifications is provided below. Maps of the use changes are in Appendix C. Table 2: Cold water use designation changes based on a review of use by the MPCA. No. Watercourse Name (existing rule item #) Location Description (Basin/County) Present Use Class Proposed Use Class 1 (237) Barber Creek (East Swan River) Lake Superior/St. Louis 2A 2B 2 (235) East Swan River Lake Superior/St. Louis 2A 2A/2B 3 (24) Briggs Creek Upper Mississippi/Sherburne 2A 2B 4 (75) Hanson Brook (Three Mile) Upper Mississippi/Stearns 2A 2A/2B 5 (147) Robinson Hill Creek Upper Mississippi/Stearns 2A 2A/2B 6 (169) Snake River Upper Mississippi/Sherburne 2A 2B 7 (142) Martin Creek (Poplar Brook) Upper Mississippi/Cass 2A 2B 8 (182) (214) Stoney Brook (Stony Brook) Upper Mississippi/Cass 2A 2A/2B 9 (41) Corey Brook (Cory Brook) Upper Mississippi/Cass 2A 2A/2B 10 (27) Cottonwood Creek Minnesota/Swift & Chippewa 2A 2B 11 (16) Hay Creek Saint Croix/Chisago 2B 2A 12 (4) Unnamed Ditch Saint Croix/Chisago 2A 2A/2B 13 (7) Brown s Creek Saint Croix/Washington 2A 2A/2B 14 (7) Unnamed Creek (Brown s Creek tributary) Saint Croix/Washington 2A (2A)/2B 15 (39) Trout Brook Saint Croix/Washington 2B 2A 16 (194) Unnamed Creek (Vermillion River Tributary) Lower Mississippi/Dakota 2A (2A)/2B 17 (18) Bridge Creek Lower Mississippi/Fillmore & Houston 2B 2A 18 (31) Carters Creek (Curtis Creek) Lower Mississippi/Fillmore 7 2A 19 (121) Rice Creek (Sugar Creek) Lower Mississippi/Fillmore 2A 2A/2B 20 (126) Root River, Middle Branch Lower Mississippi/Fillmore 2A 2A/2B 21 (187) Unnamed Creek (tributary to Wells Creek) Lower Mississippi/Goodhue 2B 2A 22 (202) Wells Creek Lower Mississippi/Goodhue 2B 2A 23 (201) Whitewater River, South Branch Lower Mississippi/Winona 2B 2A 5

11 No. Watercourse Name (existing rule item #) Location Description (Basin/County) Present Use Class Proposed Use Class 24 (202) Whitewater River, Middle Branch Lower Mississippi/Olmsted 2A 2A/2B (1) Barber Creek (East Swan River). The lower portion of Barber Creek (East Swan River), from the east line of T57 R20W section 28 to Dempsey Creek, and tributaries to this section of the stream will be proposed to be reclassified as Class 2B waters. The MDNR has no records of trout stocking or trout management associated with this stream, nor have trout been recorded from fish surveys. Fish community data collected by MDNR in 1989 and fish and macroinvertebrate data collected by the MPCA in 2009 do not indicate biological communities typical of cold water streams. Trout were absent in both surveys and few cold water macroinvertebrate taxa were observed in the single sample collected in Considering this information, it is reasonable to remove the Class 1B, 2A, 3B classifications assigned to cold waters and replace them with uses assigned to cool/warm waters, Class 2B and 3C. The MPCA will propose to make this change in Minn. R , subp. 1, item A, subitem 237 (existing rule) to acknowledge the cool or warm water characteristics of this stream. (2) East Swan River. The entire East Swan River, from Barber Creek to the St. Louis River, as well as its tributaries designated as Class 2A based on section affiliation, will be proposed to be reclassified as Class 2B waters. The MDNR classifies the section from Barber Creek to confluence with the West Swan River as a marginal trout water, which typically lacks suitable habitat and thermal regime for reproduction and year round survival of trout. It was stocked with brook trout in the mid-1960s but this effort was unsuccessful in establishing a population. Brown trout were stocked in East Swan River annually between 1981 and 1983, but subsequent population assessments failed to detect any survival or reproduction of stocked fish. The few assessments that were carried out during this time period recorded very little or no survival of these stocked fish. Trout are no longer stocked in any streams of the East Swan River watershed because trout survival is poor. Fish community data collected by MDNR in 1989 and fish and macroinvertebrate data collected by the MPCA in 1997 do not indicate biological communities typical of cold water streams. The MDNR has no records of trout stocking or management in the reach of the East Swan River from the confluence with West Swan River to the St. Louis River. This reach is managed for warm water fish species by MDNR. Fish community data collected by the MPCA in 1997 and 2009 and macroinvertebrate data collected in 2009 do not indicate biological communities typical of cold water streams. Considering this information, it is reasonable to remove the Class 1B, 2A, 3B classifications assigned to cold waters and replace them with uses assigned to cool/warm waters, Class 2B and 3C. The MPCA will propose to make this change in Minn. R , subp. 1, item A, subitem 237 (existing rule) to acknowledge the cool/warm water characteristics of this stream. A small section of East Swan Creek in T56 R20 S14 was designated as Class 2A by affiliation with the East Swan River. The Class 2A use is retained for the East Swan Creek so it is also necessary to add this small section to Minn. R , subp. 1, item A, subitem 235 (existing rule). The MPCA will also propose to make this change in Minn. R , subp. 1, item A, subitem 235 (existing rule) to maintain the cold water designation for this stream reach. (3) Briggs Creek. The cold water (Class 2A) sections of Briggs Creeks and its tributaries will be proposed to be reclassified as Class 2B waters. The MDNR began managing this creek as a put-and-take brown trout fishery around 1949, but that effort ceased in Multiple fish surveys throughout that time period showed no evidence that natural 6

12 reproduction of trout occurred although some carry-over of stocked trout was observed. In addition, all other fish species collected during this period are considered warm water species. Fish community data collected by the MPCA in 2000 and 2009 revealed that this stream remains dominated by warm water fish species. Considering this information, it is reasonable to remove the Class 1B, 2A, 3B classifications assigned to cold waters and replace them with uses assigned to cool/warm waters, Class 2B and 3C. The MPCA will propose to make this change in Minn. R , subp. 4, item A, subitem 24 to acknowledge the cool or warm water characteristics of this stream. (4) Hanson Brook (Three Mile). A portion of Hanson Brook (Three Mile Creek), from Unnamed Creek (Lake Lura Outlet) downstream to the west line of T122 R28W S36, as well as its tributaries designated as Class 2A based on section affiliation, will be proposed to be reclassified as Class 2B waters. Upstream of Unnamed Creek (Lake Lura Outlet) this stream will remain a Class 2A water. Fish community data collected by the MPCA in 2009 indicated that the lower section of this stream lacks cold water fish species. Although the MDNR does not currently stock trout in this stream, studies by the MDNR have indicated that the upper section of this stream has temperatures suitable to support trout. However, temperatures in the lower portion a not as suitable and the MDNR does not disagree with a reclassification of the lower portion of this stream to Class 2B. Considering this information, it is reasonable to remove the Class 1B, 2A, 3B classifications assigned to cold waters and replace them with uses assigned to cool/warm waters, Class 2B and 3C. The MPCA will propose to make this change in Minn. R , subp. 4, item A, subitem 75 to acknowledge the cool or warm water characteristics of this stream. (5) Robinson Hill Creek. A portion of Robinson Hill Creek, from County Road 136 upstream to the south line of T124 R28W section 31, as well as its tributaries designated as Class 2A based on section affiliation, will be proposed to be reclassified as Class 2B waters. Downstream of County Road 136 to the confluence with Johnson Creek (Meyer Creek), Robinson Hill Creek will remain Class 2A. Fish community data collected by the MPCA in 2009 revealed that the upstream section of this stream did not have a community indicative of a cold water habitat. Surveys by the MDNR captured small numbers of brown trout in the lower portion of this stream (downstream of CR 136). These trout were assumed to be migrants from nearby Luxemburg Creek as no reproduction appears to be occurring in this stream. The MDNR does not disagree with a reclassification of the upper portion of this stream (upstream of CR 136) to Class 2B while maintaining the Class 2A use designation below CR 136. Considering this information, it is reasonable to remove the Class 1B, 2A, 3B classifications assigned to cold waters and replace them with uses assigned to cool/warm waters, Class 2B and 3C. The MPCA will propose to make this change in Minn. R , subp. 4, item A, subitem 147 to acknowledge the cool or warm water characteristics of this stream. (6) Snake River. The entire Snake River and its tributaries designated as Class 2A based on section affiliation will be proposed to be reclassified as Class 2B waters. The MDNR began managing this creek as a put-and-take brown trout fishery around 1974, but that effort ceased in No natural reproduction of trout was observed during the time period that the stream was stocked. Fish community data collected by the MPCA in 2007 and 2009 at three separate locations revealed that this stream remains dominated by warm water species. Considering this information, it is reasonable to remove the Class 1B, 2A, 3B classifications assigned to cold waters and replace them with uses assigned to 7

13 cool/warm waters, Class 2B and 3C. The MPCA will propose to make this change in Minn. R , subp. 4, item A, subitem 169 to acknowledge the cool or warm water characteristics of this stream. (7) Martin Creek (Poplar Brook). The lower portion of Martin Creek (Poplar Brook), from the east line of T136 R32W section 22 to Farnham Creek and tributaries to this section of the stream will be proposed to be reclassified as Class 2B waters. The MDNR indicates that brown trout was stocked in this stream from 1954 until A MDNR survey of this stream in 1975 yielded no trout, indicating that natural reproduction was not occurring. Fish community data collected by the MPCA in 2010 is not indicative of a cold water community. Considering this information, it is reasonable to remove the Class 1B, 2A, 3B classifications assigned to cold waters and replace them with uses assigned to cool/warm waters, Class 2B and 3C. The MPCA will propose to make this change in Minn. R , subp. 4, item A, subitem 142 to acknowledge the cool or warm water characteristics of this stream. (8) Stoney Brook (Stony Brook). The upper portion of Stoney Brook, from the south line of T136 R31W S26 to the east line of T136 R29W S31, as well as its tributaries designated as Class 2A based on section affiliation, will be proposed to be reclassified as Class 2B waters. Fish and macroinvertebrate data collected by the MPCA in 2010 were not indicative of a cold water aquatic community. Water temperature data collected at 15 minute intervals during the summer of 2010 also indicate that conditions in this stream are not favorable for supporting a cold water assemblage (average. July water temperature = 21.2 C). Considering this information, it is reasonable to remove the Class 1B, 2A, 3B classifications assigned to cold waters and replace them with uses assigned to cool/warm waters, Class 2B and 3C. The MPCA will propose to make this change in Minn. R , subp. 4, item A, subitem 182 to acknowledge the cool or warm water characteristics of this stream. An unnamed tributary to Stoney Brook will retain its Class 2A designation. The MPCA will propose to make this change in Minn. R , subp. 4, item A by adding a subitem to retain the Class 2A designation for this tributary. (9) Corey Brook (Cory Brook). The lower portion of Corey Brook, from the north line of T135 R30W S16 to Home Brook and tributaries to this section of stream will be proposed to be reclassified as Class 2B waters. A significant source of groundwater occurs upstream of this reach in T135 R30W S9; however, downstream of this source several large beaver impoundments decrease stream flow and increase the water temperature significantly. Currently the MDNR manages a trout fishery in sections of the stream upstream of the beaver impoundments, but not downstream of this area. Fish community data collected by the MPCA in 2010 and macroinvertebrate data collected in 2009 from sections of Corey Brook below the impoundments are not indicative of a cold water assemblage. Water temperature data collected at 15 minute intervals during the summer of 2010 also indicate that conditions in this stream are not favorable for supporting a cold water community (average July water temperature = 21.9 C). Considering this information, it is reasonable to remove the Class 1B, 2A, 3B classifications assigned to cold waters and replace them with uses assigned to cool/warm waters, Class 2B and 3C. The MPCA will propose to make this change in Minn. R , subp. 4, item A, subitem 41 to acknowledge the cool or warm water characteristics of this stream. (10) Cottonwood Creek. The MPCA will propose to reclassify Cottonwood Creek, from Judicial Ditch 8 to the Chippewa River, as a Class 2B water. Tributaries to Cottonwood 8

14 Creek, designated as Class 2A based on section affiliation, will also be proposed for reclassification to Class 2B. The MDNR acknowledges that this creek does not support a cold water fishery. Attempts to stock brown trout in this stream by MDNR in the 1970s resulted in no evidence of carry over through the winter. Fish community sampling by the MPCA in 1990, 2001 and 2009 failed to detect any cold water species. Considering this information, it is reasonable to remove the Class 1B, 2A, 3B classifications assigned to cold waters and replace them with uses assigned to cool/warm waters, Class 2B and 3C. The MPCA will propose to make this change in Minn. R , subp. 5, item A, subitem 27 to acknowledge the cool or warm water aquatic community supported by this stream. (11) Hay Creek. A portion of Hay Creek, from Keystone Avenue downstream to its confluence with Beaver Creek (County Ditch 3), will be proposed to be reclassified as a Class 2A water. This section of stream had at one time been classified as Class 2A in a previous version of Minn. R Data collected by the MDNR revealed this stream supports a cold water fish community and observations made at the time of sampling documented that trout were present without being stocked. Considering this information, it is reasonable to remove the Class 2B, 3C classifications assigned to cool/warm waters and replace them with uses assigned to cold waters, Class 1B, 2A and 3B. The MPCA will propose to make this change in Minn. R , subp. 6, item A by adding a subitem to acknowledge the cold water aquatic community supported by this stream. (12) Unnamed Ditch (tributary to Beaver Creek). The entirety of an Unnamed Ditch located northeast of the City of North Branch, listed as Class 2A based on its association with Beaver Creek, will be proposed to be reclassified as a Class 2B water. Fish community sampling conducted by the MPCA in 2006 found no cold water species present in this stream. MDNR staff indicated that this waterway was created in the 1960s where no previous channel existed and was not part of the brook trout fishery managed in Beaver Creek. Considering this information, it is reasonable to remove the Class 1B, 2A, 3B classifications assigned to trout waters and replace them with uses assigned to non-trout waters, Class 2B and 3C. The MPCA will propose to make this change in Minn. R , subp. 6, item A, subitem 4 (existing rule) to acknowledge the cool or warm water characteristics of this stream. (13) Brown s Creek. A section of Brown s Creek, between 110 th Street North and Manning Avenue, as well as a tributary designated as Class 2A based on section affiliation will be proposed to be reclassified as Class 2B waters. This portion of Brown s Creek does not have a significant groundwater influence and has characteristics of a low gradient, wetland system. The MDNR manages this section of stream for a warm water community. Fish community sampling conducted by the MPCA as well as MDNR has not found any cold water fish species in this section of stream. Considering this information, it is reasonable to remove the Class 1B, 2A, 3B classifications assigned to cold waters and replace them with uses assigned to cool/warm waters, Class 2B and 3C. The MPCA will propose to make this change in Minn. R , subp. 6, item A, subitem 7 to acknowledge the cool or warm water characteristics of this stream. (14) Unnamed Creek. The MPCA will propose to reclassify a tributary to Brown s Creek (Unnamed Creek) as a Class 2B water from the south line of T30 R20W S19 to Brown s Creek. In addition, all tributaries associated with this Unnamed Creek will also be proposed for reclassification to Class 2B. This creek does not have characteristics of a cold water stream, and the basis for its original classification was its affiliation (i.e., located 9

15 within the same section) with a nearby cold water stream, Brown s Creek. Considering this information, it is reasonable to remove the Class 1B, 2A, 3B classifications assigned to trout waters and replace them with uses assigned to non-trout waters, Class 2B and 3C. The MPCA will propose to make this change in Minn. R , subp. 6, item A, subitem 7 (existing rule) to acknowledge the cool or warm water characteristics of this stream. (15) Trout Brook. The majority of Trout Brook, downstream of Schuester Pond (ID# ) to the St. Croix River, will be proposed to be reclassified as a Class 2A water. MPCA macroinvertebrate sampling in 2009 found a community typical of a cold water stream. In addition, water temperature data collected at 15 minute intervals during the summer of 2009 indicates that this stream has the potential to support a cold water assemblage (average July water temperature = 14 C). Considering this data, it is reasonable to remove the Class 2B, 3C classifications assigned to cool/warm waters and replace them with uses assigned to cold waters, Class 1B, 2A and 3B. The MPCA will propose to make this change in Minn. R , subp. 6, item A by adding a subitem to acknowledge the cold water aquatic community supported by this stream. (16) Unnamed Creek (Vermillion River Tributary). This creek, also known as Middle Creek, will be proposed to be reclassified as a Class 2B water between Akin Road and State Highway 3 just north of Farmington. A small tributary to this creek, located entirely within T.114 R.19 S.30, will also be proposed for reclassification to Class 2B. An evaluation of fish community data collected by the MPCA in 2008 near the downstream end of this section indicated the presence of a warm water fish assemblage. Considering this data, it is reasonable to remove the Class 1B, 2A, 3B classifications assigned to trout waters and replace them with uses assigned to non-trout waters, Class 2B and 3C. The MPCA will propose to make this change in Minn. R , subp. 7, item A, subitem 194 (existing rule) to acknowledge the cool or warm water aquatic community supported by this stream. (17) Bridge Creek. The majority of Bridge Creek, upstream of County Road 4, will be proposed to be reclassified as a Class 2A water. The MDNR acknowledges that this creek supports a cold water fishery. Fish community data collected by the MPCA in 2008 had a high proportion of brook trout. A water temperature of 15.1 C was recorded during the fish sampling visit on August 4, 2008 at 5:30 pm. Considering this data it is reasonable to remove the Class 2B, 3C classifications assigned to cool or warm waters and replace them with uses assigned to cold waters, Class 1B, 2A and 3B. The MPCA will propose to make this change in Minn. R , subp. 7, item A by adding a subitem to acknowledge the cold water aquatic community supported by this stream. (18) Carters Creek (Curtis Creek). The majority of this creek will be proposed to be reclassified as a Class 2A water from a Class 7 limited resource value water. The fish community of this stream was sampled by the MPCA on two separate occasions in On both occasions more than 50 brown trout individuals were captured and were the only fish species collected. Water temperature readings during these sampling visits were 15.0 C in July and 12.2 C in August. Considering this data it is reasonable to remove the Class 7 classification assigned to limited resource value waters and replace it with uses assigned to cold waters, Class 1B, 2A and 3B. The MPCA will propose to make this change in Minn. R , subp. 7, item A, subitem 31 to acknowledge the cold water aquatic community supported by this stream. 10

16 (19) Rice Creek (Sugar Creek). A section of Sugar Creek (downstream of 231 st Avenue to the confluence with Rice Creek) will be proposed to be reclassified as a Class 2B water. The associated tributaries to this section of Sugar Creek will also be reclassified as Class 2B water. The MDNR classifies this section of stream as warmwater and does not manage it for trout. Fish community data collected by the MPCA in 2008 revealed that this stream lacks cold water fish species. Considering this information, it is reasonable to remove the Class 1B, 2A, 3B classifications assigned to cold waters and replace them with uses assigned to cool/warm waters, Class 2B and 3C. The MPCA will propose to make this change to acknowledge the cool or warm water aquatic community supported by this stream. (20) Root River, Middle Branch. A small section of the Middle Branch Root River, from the confluence with Spring Valley Creek downstream until just past the confluence with Bear Creek, will be proposed to be reclassified as a Class 2B water. The associated tributaries to this section of the Middle Branch will also be reclassified as Class 2B water. The MDNR acknowledges that this section of the river does not support a cold water fishery. Fish community data collected by the MPCA in 2008 revealed that this stream has very few cold water species. Considering this information, it is reasonable to remove the Class 1B, 2A, 3B classifications assigned to cold waters and replace them with uses assigned to cool/warm waters, Class 2B and 3C. The MPCA will propose to make this change in Minn. R , subp. 7, item A, subitem 126 to acknowledge the cool or warm water aquatic community supported by this stream. (21) Unnamed Creek (tributary to Wells Creek). The MPCA will propose to reclassify a tributary to Wells Creek (Unnamed Creek) as a Class 2A water from a point just upstream of County Road 45 (T.111 R.14 S.2) to Wells Creek. Fish community data collected by the MPCA in 2008 shows that this stream supports naturally reproducing populations of brook trout, brown trout and slimy sculpin. Considering this data it is reasonable to remove the Class 2B, 3C classifications assigned to cool/warm waters and replace them with uses assigned to cold waters, Class 1B, 2A and 3B. The MPCA will propose to make this change in Minn. R , subp. 7, item A by adding a subitem to acknowledge the cold water aquatic community supported by this stream. (22) Wells Creek. The majority of Wells Creek, upstream of US Highways 61 and 63, will be proposed to be reclassified as a Class 2A water. The MDNR acknowledges that this creek supports a cold water fishery and has made attempts in the past to include this stream on its designated trout waters list (Minn. R ). In addition, fish community data collected by the MPCA in 2004 and 2008 revealed the presence of both brown trout and brook trout at multiple locations along the stream, with brown trout often representing a large proportion of the community. Considering this data as well as MNDR s acknowledgement of the cold water characteristics of this stream, it is reasonable to remove the Class 2B, 3C classifications assigned to cool/warm waters and replace them with uses assigned to cold waters, Class 1B, 2A and 3B. The MPCA will propose to make this change in Minn. R , subp. 7, item A by adding a subitem to acknowledge the cold water aquatic community supported by this stream. (23) Whitewater River, South Branch. An extension of a currently designated Class 2A reach will be proposed on the South Branch Whitewater River. The extension would be upstream of the current Class 2A designation to St Charles Twp Rd 7 in T106 R10W S2, a length of approximately ¾ mile. Fish community monitoring by the MPCA in 2010 revealed 11

17 the presence of mottled sculpin and more than 50 brown trout individuals within the reach. Considering this data, it is reasonable to remove the Class 2B, 3C classifications assigned to cool/warm waters and replace them with uses assigned to cold waters, Class 1B, 2A and 3B. The MPCA will propose to make this change in Minn. R , subp. 7, item A by adding a subitem to acknowledge the cold water characteristics of this stream. (24) Whitewater River, Middle Branch. A small section of the Middle Branch Whitewater River, from the west line of T107 R11W S35 to Crow Spring, will be proposed to be reclassified as a Class 2B water. The MDNR acknowledges that this section of stream represents a cold/warm water transition zone and that Crow Spring is the main source of groundwater influx for downstream portions of the Middle Branch Whitewater River. Fish and macroinvertebrate data collected by the MPCA in 2004 is not indicative of a cold water aquatic community. Considering this information, it is reasonable to remove the Class 1B, 2A, 3B classifications assigned to cold waters and replace them with uses assigned to cool/warm waters, Class 2B and 3C. The MPCA will propose to make this change in Minn. R , subp. 7, item A, subitem 201 (existing rule) to acknowledge the cool or warm water characteristics of this stream. As part of this rule change a new subitem in Minn. R , subp. 7, item A will be added to retain the Class 2A designation for Crow Spring. 3. Update of Class 2A Designations for lakes based on MNDR trout waters designations The cold water lake listing changes that will be proposed in Minn. R in accordance with the most recent version of Minn. R are shown in Table 3. Specific information regarding each of these Class 2A reclassifications are provided below. Table 3: Cold water use designation changes to lakes based on updates to Minn. R No. Watercourse Name Location Description (Basin/County) Present Use Class Proposed Use Class 1 Willard Lake Upper Mississippi/Cass Class 2A Class 2B 2 Mirror Lake Superior/St. Louis Class 2A Class 2B (1) Willard Lake ( ). Willard Lake will be proposed to be reclassified as a Class 2B water. The MDNR delisted Willard Lake as a trout lake in 2010 due to poor survivorship of stocked rainbow trout and the presence of other game fish. Considering this information, it is reasonable to remove the Class 1B, 2A, 3B classifications assigned to trout waters and replace them with uses assigned to non-trout waters, Class 2B and 3C. The MPCA will propose to make this change in Minn. R , subp. 4, item B, subitem 60 (existing rule) to acknowledge the cool or warm water aquatic community supported by this lake. (2) Mirror Lake ( ). Mirror Lake will be proposed to be reclassified as a Class 2B water. The MDNR delisted Mirror Lake as a trout lake in 2010 due to limited success of brown trout and splake stocking. Poor survivorship was attributed to the presence of unwanted cool water species. Considering this information, it is reasonable to remove the Class 1B, 2A, 3B classifications assigned to trout waters and replace them with uses assigned to non-trout waters, Class 2B and 3C. The MPCA will propose to make this change in Minn. R , subp. 1, item B, subitem 80 (existing rule) to acknowledge the cool or warm water aquatic community supported by this lake. IV. Summary Two areas will be proposed for changes that relate to Class 2A/2B use designations: 1) the process the MPCA uses for designating Class 2A waters and 2) the actual redesignation of 12

18 specific waters. The first change that will be proposed will address the process the MPCA uses for designating Class 2A waters. In the past, the MPCA has relied on the MDNR trout waters designation process to classify cold-water aquatic life communities (Class 2A). The Class 2A waters listed in Minn. R are based on the latest list adopted by MDNR. However, the MDNR bases some classification decisions for trout water designation on factors that do not reflect the aquatic life use goals for Class 2 waters managed by the MPCA (Minn. R ). For example, the MDNR lists tributaries of trout streams as trout protection waters to provide additional protection to these streams, but those tributaries may not meet the aquatic life use criteria of a Class 2A water. As a result, MDNR listings may not always reflect available information for assessing Minnesota s aquatic life use goals which can lead to inappropriate water quality management actions. Continuing to strictly follow MDNR s trout waters list to designate Class 2A and Class 2B waters will result in the incorrect application of standards to some waters which will result in management errors and lead to inefficient use of resources and undesirable outcomes. The MPCA will propose to revise the process for designating Class 2A waters in Minn. R so that it is based on all available information, not limited to the MDNR lists of trout waters. The second area of change that will be proposed is the actual redesignation of specific waters. Correcting the designation of Class 2A and Class 2B waters based on contemporary and historical biological, thermal and other data is necessary as a result of the increased monitoring the MPCA performs to determine the status of Minnesota waters and to identify waters that do not meet Minnesota s aquatic life use goals. A total of 33 use changes will be proposed by the MPCA. These include nine changes (seven streams and two lakes) that are based on updates to MDNR s trout waters list (Minn. R ). These will result in six streams added to class 2A and the removal of one stream from Class 2A. Both of the lakes are Class 2A and they will be proposed to become Class 2B. 2A/2B use changes that are derived from MPCA monitoring efforts include a total of 24 reaches. These include: 1) one stream reach reclassified from Class 7 to Class 2A 2) six stream reaches reclassified from Class 2B to Class 2A 3) two tributaries that were designated Class 2A by affiliation (i.e., not based on monitoring data) with cold water (Class 2A) streams which will now be reclassified as Class 2B 4) ten stream reaches where part of the reach will be reclassified from Class 2A to Class 2B 5) five stream reaches reclassified from Class 2A to Class 2B The reason for proposing use changes and the data used to make those decisions are described in this document. These use classification changes are intended to more accurately reflect the existing and potential attainable uses of these specific stream reaches. This process is a departure from the historical approach followed by MPCA staff of assigning Class 2A uses based solely on the trout water listings contained in MDNR rules. The use changes that will be proposed will bring these reaches in line with MPCA s use designation framework which improve management of these systems. 13