401 Ky. Admin. Regs. 10:030

Current through Register Vol. 51, No. 5, November 1, 2024

Section 401 KAR 10:030 - Antidegradation policy implementation methodology

RELATES TO: KRS 146.200 - 146.360, 146.410 - 146.535, 146.550 - 146.570, 146.600 -146.619, 146.990, 176.430, 224.1-010, 224.1-400, 224.16-050, 224.16-070, 224.70-100 -224.70-140, 224.71-100 - 224.71-145, 224.73-100 - 224.73-120, 30 U.S.C. 1201-1328

NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100 requires the cabinet to develop and conduct a comprehensive program for the management of water resources and to provide for the prevention, abatement, and control of all water pollution. KRS 224.70-100 authorizes the policy of the commonwealth to conserve its waters for legitimate uses, safeguard from pollution the uncontaminated waters of the commonwealth, prevent the creation of any new pollution in the waters of the commonwealth, and abate any existing pollution. This administrative regulation and 401 KAR 10:001, 401 KAR 10:026, 401 KAR 10:029, and 401 KAR 10:031 establish procedures to protect the surface waters of the Commonwealth, and thus protect water resources. This administrative regulation establishes a methodology to implement the antidegradation policy contained in 401 KAR 10:029 by establishing procedures to control water pollution in waters affected by that policy.

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 Water	Boundary Description	Latitude, 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 Line	36.66769, -84.54570/ 36.59880, -84.60518	McCreary
Marsh Creek of Cumberland River	Mouth to Laurel Creek	36.77776, -84.34903/ 36.73182, -84.37118	McCreary
Marsh Creek of Cumberland River*	Laurel Creek to Ford Crossing at CR-1060 East Kidd School Road and CR-1110 Kidd School Road	36.73182, -84.37118/ 36.69964, -84.34471	McCreary
Red River of Kentucky River	School House Branch to KY-746	37.84422, -83.67583/ 37.79871, -83.48947	Menifee, Powell, Wolfe
Reelfoot Lake	Surface Waters Within the National Wildlife Refuge Proclamation Boundary in Kentucky	Not Applicable	Fulton
Rock Creek of Big South Fork Cumberland River*	CR-1236 Rock Creek Road to Tennessee State Line	36.70306, -84.59619/ 36.60241, -84.73999	McCreary
Rockcastle River of Lake Cumberland	Lower End of The Narrows (0.25 River Miles Upstream of Cane Creek) to KY-1956 Billows Road	37.03017, -84.30832/ 37.17136, -84.29679	Laurel, Pulaski, Rockcastle
Underground River System	Within Mammoth Cave National Park	Not Applicable	Edmonson, Hart, Barren
War Fork of Station Camp Creek	Basin Including all Tributaries from Mouth to to Steer Fork	37.53264, -83.90929/ 37.45467, -83.92699	Jackson
*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 Water	Boundary Description	Latitude, Longitude (Downstream/ Upstream; Decimal Degrees)	County
BIG SANDY RIVER BASIN
Hobbs Fork of Pigeonroost Fork*	Mouth to Headwaters	37.70738, -82.43272/ Headwaters	Martin
Lower Pigeon Branch of Elkhorn Creek*	Left Fork Lower Pigeon Branch to Headwaters	37.24194, -82.48681/ Headwaters	Pike
Russell Fork of Levisa Fork*	Upstream End of Clinchfield Railroad Yard (0.6 RM Upstream of Big Island Branch) to Virginia State Line	37.29283, -82.32741/ 37.29579, -82.31462	Pike
Thompson Fork of Souders Branch*	Mouth to Headwaters	37.68474, -82.66775/ Headwaters	Floyd
Toms Branch of Elkhorn Creek*	Mouth to Headwaters	37.26119, -82.45249/ Headwaters	Pike
Unnamed Tributary of Hobbs Fork of Pigeonroost Fork*	Mouth to Headwaters	37.68319, -82.40511/ Headwaters	Martin
Unnamed Tributary of Open Fork Paint Creek of Paintsville Lake (Paint Creek)	Mouth to Headwaters	37.97373, -83.05614/ Headwaters	Morgan
GREEN RIVER BASIN
Beaverdam Creek of Green River*	Mouth to Headwaters	37.19637, -86.27598/ Headwaters	Edmonson
Big Brush Creek of Green River	Brush Creek to Poplar Grove Branch	37.38472, -85.59302/ 37.42787, -85.57944	Green
Brushy Pond Creek of Caney Creek	Above Pond to Headwaters	37.40290, -86.59473/ Headwaters	Butler, Grayson
Cane Run of Nolin River Lake (Nolin River)*	Nolin River Lake Backwaters to Headwaters	37.33240, -86.07132/ Headwaters	Hart
Caney Fork of Peter Creek*	Mouth to Headwaters	36.84608, -85.97090/ Headwaters	Barren
Clifty Creek of Rough River*	Barton Run to Western Kentucky Parkway	37.54800, -86.23505/ 37.51366, -86.15115	Grayson
Clifty Creek of Wolf Lick Creek*	Little Clifty Creek to Sulphur Lick	36.99759, -87.05518/ 36.98189, -87.12934	Todd
Dismal Creek of Nolin River	Mouth to Headwaters	37.27478, -86.24986/ Headwaters	Edmonson
East Fork Little Barren River of Little Barren River*	Leatherwood Creek to Flat Rock Creek	37.00149, -85.52277/ 36.98390, -85.52892	Metcalfe
Elk Lick Creek of Wolf Lick Creek*	Duck Lick Creek to Barren Fork and Edger Creek	36.96003, -86.98838/ 36.91651, -86.97280	Logan
Ellis Fork of Damron Creek*	Mouth to Headwaters	37.15744, -85.06621/ Headwaters	Adair, Russell
Falling Timber Creek of Skaggs Creek*	Land Use Change (0.1 River Miles Upstream of Taylor Branch) to Headwaters	36.93680, -85.74424/ Headwaters	Metcalfe
Fiddlers Creek of North Fork Rough River*	Mouth to Headwaters	37.70782, -86.34660/ Headwaters	Breckinridge
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, -87.34872	Christian
Gasper River of Barren River*	Clear Fork Creek to Wiggington Creek	36.98618, -86.63216/ 36.91698, -86.74175	Logan, Warren
Goose Creek of Green River*	Mouth to Little Goose Creek	37.20311, -85.01074/ 37.11575, -84.99617	Casey, Russell
Green River of Ohio River	Western Mammoth Cave National Park Boundary to to Lynn Camp Creek	37.21698, -86.26334/ 37.31974, -85.71529	Edmonson, Hart
Halls Creek of Rough River*	Unnamed Tributary (0.2 River Miles Upstream of CR-1131 Halls Creek Road) to Headwaters	37.49338, -86.76189/ Headwaters	Ohio
Lick Creek of West Fork Drakes Creek*	Mouth to Headwaters	36.80165, -86.49463/ Headwaters	Simpson
Linders Creek of Rough River*	Mouth to Sutzer Creek	37.63677, -86.20180/ 37.63368, -86.14513	Hardin
Little Beaverdam Creek of Green River*	Mouth to KY-743 Boiling Springs Road	37.17474, -86.34748/ 37.09866, -86.31160	Edmonson, Warren
Little Meeting Creek of Meeting Creek	Mouth to Loss of Riparian Buffer (near Unnamed Tributary)	37.58031, -86.22664/ 37.59732, -86.21150	Hardin
Little Short Creek of Rough River*	Mouth to Headwaters	37.55200, -86.57632/ Headwaters	Grayson
Lynn Camp Creek of Green River*	Mouth to Lindy Creek	37.31994, -85.71503/ 37.39027, -85.70372	Hart
McFarland Creek of West Fork Pond River*	Grays Branch to Unnamed Tributary	37.13299, -87.38653/ 37.11248, -87.40630	Christian
Meeting Creek of Rough River*	Little Meeting Creek to Petty Branch	37.58021, -86.22663/ 37.56328, -86.15925	Grayson, Hardin
Muddy Creek of Rough River*	Land Use Change (1.2 River Miles Upstream of CR-1125 Mt Pleasant Road) to Headwaters	37.42276, -86.73440/ Headwaters	Ohio
North Fork Rough River of Rough River Lake*	Buffalo Creek to Reservoir Dam	37.70023, -86.38206/ 37.71212, -86.32604	Breckinridge
Nosey Creek of Nolin River	Mouth to Dry Run	37.45730, -86.06752/ 37.46694, -86.08128	Grayson
Peter Creek of Barren River*	Caney Fork to Dry Fork	36.84608, -85.97090/ 36.80042, -85.90772	Barren
Pond Run of Rough River*	Land Use Change (0.2 River Miles Downstream of CR-1503 White Road) to Headwaters	37.57381, -86.60506/ Headwaters	Breckinridge, Ohio
Puncheon Creek of Figure Eight Branch	Mouth to Tennessee State Line	36.67503, -85.99483/ 36.62953, -86.00534	Allen
Rough River of Green River*	Linders Creek to Vertrees Creek	37.63677, -86.20180/ 37.69001, -86.13664	Hardin
Russell Creek of Green River*	Mouth to Columbia Waste Water Treatment Plant	37.22938, -85.51040/ 37.10942, -85.30532	Adair, Green
Russell Creek of Green River*	Reynolds Creek to Hudson Creek and Mount Olive Creek	37.04137, -85.18825/ 37.09160, -85.10334	Adair, Russell
Sixes Creek of Wild Branch*	Mouth to Headwaters	37.34154, -86.69993/ Headwaters	Ohio
Sulphur Branch of Alexander Creek*	Mouth to Headwaters	37.12892, -86.26930/ Headwaters	Edmonson
Thompson Branch of West Fork Drakes Creek*	Webb Branch to Tennessee State Line	36.65809, -86.49862/ 36.65202, -86.47973	Simpson
Trammel Creek of Drakes Creek*	Mouth to Tennessee State Line	36.87579, -86.37443/ 36.63973, -86.19775	Allen, Warren
Unnamed Tributary of Big Run Branch of Big Run Branch	Mouth to Loss of Riparian Buffer and Unnamed Tributary from the South West	37.50894, -86.33964/ 37.48244, -86.32314	Grayson
Unnamed Tributary of Green River of Ohio River*	Mouth to Headwaters.	37.19160, -85.12732/ Headwaters	Adair
Unnamed Tributary of White Oak Creek of Green River Lake*	CR-1073 Hovious Ridge Road to KY-76 Elkhorn Road	37.23736, -85.22392/ 37.26178, -85.19616	Adair
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 River	37.09098, -87.36698/ 37.03070, -87.40602	Christian
KENTUCKY RIVER BASIN
Backbone Creek of Sixmile Creek*	Mouth to Scrabble Creek	38.33978, -84.99690/ 38.32025, -84.99355	Franklin, Henry, Shelby
Bear Branch of North Fork Kentucky River	Upstream of Sediment Pond to Headwaters	37.13248, -83.10152/ Headwaters	Perry
Big Double Creek of Red Bird River*	Mouth to Left and Right Fork Big Double Creek	37.14045, -83.58768/ 37.09053, -83.60245	Clay
Bill Branch of Laurel Fork*	Mouth to Right and Left Fork Bill Branch	36.93025, -83.30921/ 36.93249, -83.30578	Harlan
Bill Oak Branch of Laurel Fork	Mouth to Headwaters	37.33478, -83.56541/ Headwaters	Owsley
Billey Fork of Millers Creek	Land Use Change (1.0 River Mile Upstream of Wodward Creek) to Headwaters	37.67957, -83.79653/ Headwaters	Estill, Lee
Boyd Run of North Elkhorn Creek	Mouth to Cherry Run	38.21316, -84.48529/ 38.21731, -84.47430	Scott
Buffalo Creek of South Fork Kentucky River*	Mouth to Right Fork and Left Fork Buffalo Creek	37.35051, -83.65233/ 37.35163, -83.63576	Owsley
Bullskin Creek of South Fork Kentucky River	Mouth to Headwaters	37.27322, -83.64441/ Headwaters	Clay, Leslie
Camp Branch of Spass Creek	Mouth to Headwaters	37.88067, -83.70589/ Headwaters	Menifee
Cavanaugh Creek of South Fork Station Camp Creek*	Mouth to Headwaters	37.55370, -83.94222/ Headwaters	Jackson
Chester Creek of Middle Fork Red River*	Mouth to Headwaters	37.72746, -83.65906/ Headwaters	Wolfe
Clear Creek of Kentucky River*	Mouth to East Fork Clear Creek	37.93654, -84.79613/ 37.92667, -84.72576	Woodford
Clemons Fork of Buckhorn Creek*	Mouth to Headwaters	37.45511, -83.16582/ Headwaters	Breathitt
Coles Fork of Buckhorn Creek *	Mouth to Headwaters	37.45720, -83.13468/ Headwaters	Breathitt, Knott
Craig Creek of Kentucky River*	Mouth to Unnamed Tributary	37.97902, -84.82058/ 37.98133, -84.78474	Woodford
Deep Ford Branch of Cutshin Creek	Upstream of Pond to Headwaters	37.19085, -83.34793/ Headwaters	Leslie
Drennon Creek of Kentucky River*	Fivemile Creek to Town Creek	38.46577, -85.09825/ 38.43094, -85.11912	Henry
East Fork Indian Creek of Indian Creek*	Mouth to Headwaters	37.86030, -83.67480/ Headwaters	Menifee
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 Creek	37.08454, -83.53407/ 37.08165, -83.51802	Leslie
Emily Run of Drennon Creek	Mouth to Unnamed Tributary (0.5 River Miles Downstream of CR-1010 New Cut Road)	38.50114, -85.07706/ 38.51135, -85.12727	Henry
Evans Fork of Billey Fork*	Mouth to Headwaters	37.69659, -83.77567/ Headwaters	Estill
Falling Rock Branch of Clemons Fork*	Mouth to Headwaters	37.47650, -83.14005/ Headwaters	Breathitt
Gilbert Creek of Kentucky River	Mouth to Unnamed Tributary (at Milepost 7.06 KY-513 Gilberts Creek Road)	37.97571, -84.85305/ 37.97570, -84.85305	Anderson
Gladie Creek of Red River*	Land Use Change (Downstream of Sargent Branch) to Long Branch	37.83977, -83.60773/ 37.86994, -83.53192	Menifee
Goose Creek of Red Bird River	Mouth to Laurel Creek	37.26982, -83.64347/ 37.21607, -83.71750	Clay
Grier Creek of Kentucky River*	Kentucky River Backwaters to Unnamed Tributary	38.02224, -84.82900/ 38.01901, -84.78975	Woodford
Grindstone Creek of Kentucky River*	Kentucky River Backwaters to Pond	38.27095, -84.87841/ 38.25169, -84.86151	Franklin
Hardwick Creek of Red River	Mouth to Little Hardwick Creek	37.83287, -83.92629/ 37.80637, -83.91057	Powell
Hell for Certain Creek of Middle Fork Kentucky River	Mouth to Cucumber Branch	37.25900, -83.38193/ 37.21916, -83.44410	Leslie
Hines Creek of Kentucky River*	Kentucky River Backwaters to Unnamed Tributary	37.87669, -84.37216/ 37.87346, -84.35034	Madison
Honey Branch of Greasy Creek	Mouth to Headwaters	37.01785, -83.35630/ Headwaters	Leslie
Hopper Cave Branch of Cavenaugh Creek*	Mouth to Headwaters	37.54046, -83.96364/ Headwaters	Jackson
Indian Creek of Eagle Creek*	Mouth to Headwaters	38.64460, -84.97133/ Headwaters	Carroll
Indian Fork of Sixmile Creek*	Mouth to Headwaters	38.30060, -85.04584/ Headwaters	Shelby
John Carpenter Fork of Clemons Fork*	Mouth to Headwaters	37.48191, -83.13306/ Headwaters	Breathitt
John Littles Branch of North Fork Kentucky River	Mouth to Headwaters	37.44138, -83.36137/ Headwaters	Breathitt
Joyce Fork of Cortland Fork*	Mouth to Headwaters	37.35043, -83.55770/ Headwaters	Owsley
Katies Creek of Red Bird River	Mouth to Headwaters	37.03516, -83.54001/ Headwaters	Clay
Laurel Fork of Left Fork Buffalo Creek*	Cortland Fork to Big Branch	37.34758, -83.56464/ 37.32795, -83.56754	Owsley
Left Fork Big Double Creek of Big Double Creek*	Mouth to Headwaters	37.09053, -83.60245/ Headwaters	Clay
Line Fork of North Fork Kentucky River*	Defeated Creek to Headwaters	37.05325, -82.98858/ Headwaters	Letcher
Little Middle Fork Elisha Creek of Big Middle Fork Elisha Creek*	Mouth to Headwaters	37.08174, -83.51566/ Headwaters	Leslie
Little Millseat Branch of Clemons Fork*	Mouth to Headwaters	37.47206, -83.14624/ Headwaters	Breathitt
Little Negro Creek of Negro Creek	Mouth to Unnamed Tributary	37.39375, -84.41432/ 37.36326, -84.42477	Rockcastle
Little Sixmile Creek of Sixmile Creek*	Mouth to Headwaters	38.38438, -85.00254/ Headwaters	Henry
Little Sturgeon Creek of Sturgeon Creek	Mouth to Headwaters	37.47837, -83.81345/ Headwaters	Owsley
Low Gap Branch of Elk Creek*	Mouth to Headwaters	37.15340, -82.98357/ Headwaters	Letcher
Lower Devil Creek of North Fork Kentucky River	Mouth to Middle Fork Lower Devil Creek	37.64419, -83.60972/ 37.68891, -83.60403	Lee, Wolfe
Lower Howard Creek of Kentucky River	Mouth to West Fork Lower Howard Creek	37.91807, -84.27256/ 37.93369, -84.26952	Clark
Lulbegrud Creek of Red River	Mouth to Falls Branch	37.83781, -84.00193/ 37.88288, -83.99603	Clark, Powell
Middle Fork Kentucky River of North Fork Kentucky River	Mouth to Upper Twin Creek	37.58669, -83.67003/ 37.54597, -83.56307	Lee, Breathitt
Middle Fork Kentucky River of North Fork Kentucky River*	Hurts Creek to Greasy Creek	37.15444, -83.37052/ 37.07658, -83.39234	Leslie
Middle Fork Red River of Red River	South Fork Red River to Natural Bridge State Park Lake	37.82360, -83.75245/ 37.77769, -83.67745	Powell
Mike Branch of Laurel Fork	Mouth to Headwaters	37.33908, -83.56338/ Headwaters	Owsley
Mill Creek of Kentucky River*	0.05 River Miles Upstream of PS-1306 Perry Park Road to Headwaters	38.54565, -84.99933/ Headwaters	Owen
Millseat Branch of Clemons Fork*	Mouth to Headwaters	37.47440, -83.14367/ Headwaters	Breathitt
Muddy Creek of Kentucky River*	0.1 River Mile Upstream of KY-52 Irvine Road to Viny Fork	37.74039, -84.15691/ 37.70998, -84.18205	Madison
Musselman Creek of Eagle Creek*	Mouth to Headwaters	38.56845, -84.67732/ Headwaters	Grant
Red Bird River of South Fork Kentucky River	Mouth to Big Creek	37.26973, -83.64341/ 37.16648, -83.58233	Clay
Right Fork Beehive Branch of Beehive Branch	Residential Area to Headwaters	37.06172, -83.10148/ Headwaters	Perry
Right Fork Buffalo Creek of Buffalo Creek*	Mouth to Headwaters	37.35163, -83.63575/ Headwaters	Owsley
Right Fork Elisha Creek of Elisha Creek	Mouth to Headwaters	37.08165, -83.51802/ Headwaters	Leslie
Roaring Fork of Lewis Fork*	Mouth to Headwaters	37.46327, -83.17081/ Headwaters	Breathitt
Rock Lick Creek of South Fork Station Camp Creek*	Mouth to Headwaters	37.539508, - 84.010769/ Headwaters	Jackson
Sand Ripple Creek of Kentucky River*	Kentucky River Backwaters to Headwaters	38.37772, -84.89991/ Headwaters	Franklin, Henry
Severn Creek of Kentucky River*	Kentucky River Backwaters to North Fork Severn Creek	38.46397, -84.91060/ 38.46646, -84.89242	Owen
Shaker Creek of Kentucky River	Kentucky River Backwaters to Shawnee Run	37.84717, -84.76738/ 37.84378, -84.76810	Mercer
Shelly Rock Fork of Millseat Branch*	Mouth to Headwaters	37.48162, -83.15038/ Headwaters	Breathitt
Sixmile Creek of Kentucky River*	Little Sixmile Creek to Cedarmore Lake Dam	38.38448, -85.00261/ 38.32816, -85.01600	Henry, Shelby
South Fork Kentucky River of Kentucky River	Mouth to Sexton Creek	37.56996, -83.71085/ 37.35900, -83.68198	Lee, Owsley
South Fork Red River of Middle Fork Kentucky River	Mouth to Sand Lick Fork	37.82360, -83.75245/ 37.78067, -83.73355	Powell
South Fork Station Camp Creek of Station Camp Creek*	Mouth to Rock Lick Creek	37.53286, -83.90931/ 37.55370, -83.94222	Jackson
Spring Creek of Red Bird River	Mouth to Little Spring Creek	37.06192, -83.54144/ 37.05562, -83.56302	Clay
Spruce Branch of Red Bird Creek*	Mouth to Headwaters	36.95696, -83.53108/ Headwaters	Clay
Station Camp Creek of Kentucky River*	Land Use Change (1.25 River Miles Upstream of Sparks Branch) to South Fork Station Camp Creek	37.58261, -83.92802/ 37.53287, -83.90929	Estill
Steeles Run of South Elkhorn Creek	Mouth to Unnamed Tributary (0.1 River Miles Upstream of PV-3002 Miss Alleged Drive)	38.11099, -84.62871/ 38.06735, -84.59554	Fayette, Woodford
Steer Fork of War Fork*	Mouth to Headwaters	37.45466, -83.92700/ Headwaters	Jackson
Sturgeon Creek of Kentucky River*	Duck Fork to Little Sturgeon Creek	37.53576, -83.78177/ 37.47850, -83.81356	Lee, Owsley
Sugar Creek of Red Bird River*	Land Use Change (at End of CR-1119 Sugar Creek Road) to Headwaters	37.11885, -83.55208/ Headwaters	Clay, Leslie
Sulphur Lick Creek of Elkhorn Creek*	Mouth to Headwaters	38.28765, -84.80211/ Headwaters	Franklin
Unnamed Tributary of Cawood Branch of Beech Fork*	Mouth to Headwaters	36.93676, -83.37278/ Headwaters	Leslie
Unnamed Tributary of Cedar Creek of Kentucky River*	Mouth to Headwaters	38.37196, -84.79664/ Headwaters	Owen
Unnamed Tributary of Glenns Creek of Kentucky River*	Mouth to Headwaters	38.14826, -84.83651/ Headwaters	Woodford
Unnamed Tributary of Jacks Creek of Kentucky River*	Mouth to Headwaters	37.85200, -84.36529/ Headwaters	Madison
Unnamed Tributary of Kentucky River of Ohio River*	Mouth to Land Use Change	38.21913, -84.87712/ 38.23174, -84.86242	Franklin
Unnamed Tributary of Line Fork of North Fork Kentucky River*	Mouth to Headwaters	37.07769, -82.99241/ Headwaters	Letcher
War Fork of Station Camp Creek*	Steer Fork to Headwaters	37.45467, -83.92699/ Headwaters	Jackson
Watches Fork of Laurel Fork	Mouth to Headwaters	37.34456, -83.56203/ Headwaters	Owsley
Wild Dog Creek of Sturgeon Creek	Mouth to Dry Fork	37.48729, -83.82329/ 37.48235, -83.82972	Owsley
Wolfpen Creek of Red River*	Mouth to Headwaters	37.82549, -83.63094/ Headwaters	Menifee
LICKING RIVER BASIN
Blackwater Creek of Licking River*	Eaton Creek to Greasy Fork	37.94073, -83.41328/ 37.87922, -83.43981	Morgan
Blanket Creek of Licking River	Mouth to Unnamed Tributary	38.65560, -84.28532/ 38.64266, -84.29929	Pendleton
Botts Fork of Brushy Fork*	Mouth to Land Use Change	37.94933, -83.50601/ 37.93022, -83.53288	Menifee
Bowman Creek of Licking River	Mouth to Unnamed Tributary at CR-1135 Martin Road	38.89246, -84.44237/ 38.89404, -84.50217	Kenton
Brushy Fork of Beaver Creek*	Cave Run Lake Backwaters to Headwaters	37.98439, -83.50523/ Headwaters	Menifee
Brushy Fork of Middle Fork Grassy Creek*	Mouth to Headwaters	38.70106, -84.44697/ Headwaters	Pendleton
Bucket Branch of North Fork Licking River*	Mouth to Headwaters	38.05169, -83.31594/ Headwaters	Morgan
Cedar Creek of Licking River	Mouth to North Branch Cedar Creek	38.47637, -84.12301/ 38.49051, -84.10732	Robertson
Craney Creek of North Fork Licking River	Mouth to Headwaters	38.06493, -83.35154/ Headwaters	Morgan, Rowan
Devils Fork of North Fork Licking River*	Mouth to Headwaters	38.04413, -83.30378/ Headwaters	Elliott, Morgan
Flour Creek of Licking River	Mouth to Unnamed Tributary (0.05 River Miles Upstream of CR-1021 Vater Road)	38.78982, -84.34388/ 38.80192, -84.32458	Pendleton
Grovers Creek of Kincaid Lake*	Kincaid Lake Backwaters to Unnamed Tributary	38.70547, -84.25273/ 38.70795, -84.21217	Bracken, Pendleton
Licking River of Ohio River	End of KY-211 Auora Road to 0.6 River Miles Downstream of Salt Lick Creek	38.17659, -83.61805/ 38.13064, -83.60581	Bath, Rowan
North Fork Licking River of Cave Run Lake*	Cave Run Lake Backwaters (0.25 River Miles Downstream of Lick Branch) to Devils Fork	38.06587, -83.36149/ 38.04413, -83.30378	Morgan, Rowan
Sawyers Fork of Cruises Creek	Mouth to Headwaters	38.84833, -84.54035/ Headwaters	Kenton
Slabcamp Creek of Craney Creek	Mouth to Headwaters	38.09987, -83.32893/ Headwaters	Rowan
Slate Creek of Licking River	Mouth to Mill Creek	38.21841, -83.69863/ 38.11220, -83.74665	Bath
South Fork Grassy Creek of Grassy Creek*	Mouth to Greasy Creek	38.79193, -84.42895/ 38.68302, -84.48375	Pendleton
Unnamed Tributary of Shannon Creek of North Fork Licking River	Mouth to Headwaters	38.55443, -83.93335/ Headwaters	Mason
Welch Fork of Brushy Fork*	Mouth to Unnamed Tributary (Downstream of CR-1160 Fox Chase Road)	37.94405, -83.50360/ 37.93209, -83.51361	Menifee
West Creek of Licking River*	Mouth to Headwaters	38.53643, -84.20046/ Headwaters	Harrison, Robertson
Willow Creek of North Fork Licking River	Mouth to Logans Branch	38.58589, -84.17627/ 38.63013, -84.16426	Bracken
LITTLE SANDY RIVER BASIN
Arabs Fork of Big Sinking Creek*	Mouth to Headwaters	38.22358, -83.15918/ Headwaters	Elliott
Big Caney Creek of Grayson Lake (Little Sandy River)*	Grayson Lake Backwaters to Headwaters	38.15880, -83.09431/ Headwaters	Elliott, Rowan
Big Sinking Creek of Little Sandy River*	KY-986 to Arabs Fork	38.24972, -83.11729/ 38.22360, -83.15915	Carter, Elliott
Laurel Creek of Little Sandy River*	CR-1352 Stegall Cold Spring Road to Headwaters	38.12912, -83.18963/ Headwaters	Elliott, Rowan
Meadow Branch of Little Fork Little Sandy River*	Mouth to Headwaters	38.07711, -82.99544/ Headwaters	Elliott
Middle Fork Little Sandy River of Little Sandy River*	Mouth to Sheepskin Branch	38.12135, -83.09262/ 38.09139, -83.09075	Elliott
Nichols Fork of Little Fork Little Sandy River*	Green Branch to Headwaters	38.08073, -83.00200/ Headwaters	Elliott
LOWER CUMBERLAND RIVER BASIN
Crooked Creek of Energy Lake*	Energy Lake Backwaters to Headwaters	36.85193, -88.03311/ Headwaters	Trigg
Donaldson Creek of Lake Barkley*	Lake Barkley Backwaters to Unnamed Tributary	36.74924, -87.91006/ 36.74970, -87.86754	Trigg
Elk Fork of Red River*	Tennessee State Line to Dry Branch	36.64264, -87.08560/ 36.74638, -87.13221	Todd
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, -88.28340	Livingston
West Fork Red River of Red River*	Tennessee State Line to Montgomery Creek	36.64154, -87.35589/ 36.70964, -87.32988	Christian
Whippoorwill Creek of Red River*	Mouth to Vicks Branch	36.66568, -86.96368/ 36.75027, -86.99652	Logan
MISSISSIPPI RIVER BASIN
Jackson Creek of Bayou de Chien*	Mouth to Headwaters	36.58204, -88.80298/ Headwaters	Graves
Murphy Pond	Entire Pond and Preserve Area	Not Applicable	Hickman
Obion Creek of Mississippi River*	Hurricane Creek to Little Creek	36.75483, -89.01154/ 36.76673, -88.91258	Carlisle, Hickman
Swan Pond	Entire Lake	Not Applicable	Ballard
Terrapin Creek of North Fork Obion River*	Tennessee State Line to East and West Forks Terrapin Creek	36.50113, -88.49244/ 36.55040, -88.52493	Graves
OHIO RIVER BASIN
Ashbys Fork of Woolper Creek	Mouth to KY-20 Petersburg Road	39.03846, -84.81574/ 39.07729, -84.79534	Boone
Blackford Creek of Ohio River	Little Yellow Creek to Butchers Branch	37.90127, -86.91300/ 37.88324, -86.89596	Daviess, Hancock
Crooked Creek of Ohio River*	Rush Creek to Marion City Lake Dam	37.35915, -88.06775/ 37.31055, -88.09185	Crittenden
Double Lick Creek of Woolper Creek*	Mouth to Headwaters	39.03416, -84.78650/ Headwaters	Boone
Garrison Creek of Ohio River*	Mouth to Headwaters	39.10565, -84.80643/ Headwaters	Boone
Harrods Creek of Ohio River	Wolfpen Branch to Brush Creek	38.33388, -85.60350/ 38.44058, -85.42898	Henry, Jefferson, Oldham
Kinniconick Creek of Ohio River*	McDowell Creek to Headwaters	38.57479, -83.18862/ Headwaters	Lewis
Little South Fork of Big South Fork	Land Use Change to Headwaters	38.82216, -84.74115/ Headwaters	Boone
Metropolis Lake of Ohio River	Entire Lake	37.15096, -88.77076/ 37.14475, -88.76100	McCracken
Middle Fork Massac Creek of Massac Creek*	CR-1207 Hines Road to Pond	37.01626, -88.74480/ 36.97538, -88.72982	McCracken
Pryors Fork of Corn Creek	Mouth to Land Use Change	38.63666, -85.40210/ 38.64269, -85.33447	Trimble
Second Creek of Ohio River*	Ohio River Backwaters to Headwaters	39.08518, -84.84280/ Headwaters	Boone
Unnamed Tributary of Big Sugar Creek of Ohio River*	I-71 to Headwaters	38.74961, -84.81112/ Headwaters	Gallatin
Unnamed Tributary of Corn Creek of Ohio River*	Mouth to Headwaters	38.60284, -85.42320/ Headwaters	Trimble
Unnamed Tributary of Massac Creek of Ohio River*	Mouth to Headwaters	36.99350, -88.69103/ Headwaters	McCracken
West Fork Massac Creek of Massac Creek*	KY-724 Woodville Road to Little Massac Creek	37.08238, -88.77790/ 37.06021, -88.79830	McCracken
Yellowbank Creek of Ohio River*	KY-259 to Headwaters	37.98102, -86.50810/ Headwaters	Breckinridge
SALT RIVER BASIN
Beech Fork of Rolling Fork	Hot Water Creek to Headwaters	37.59785, -85.04111/ Headwaters	Boyle, Marion
Brashears Creek of Salt River	Guist Creek to Bullskin and Clear Creeks	38.09923, -85.28643/ 38.16191, -85.28012	Shelby, Spencer
Cedar Creek of Salt River*	Mouth to Greens Branch	38.00214, -85.66327/ 37.98224, -85.60071	Bullitt
Chaplin River of Beech Fork*	Thompson Creek to Cornishville, KY	37.85567, -85.03830/ 37.80423, -84.98705	Mercer, Washington
Doctors Fork of Chaplin River	Mouth to Begley Branch	37.67567, -84.96085/ 37.64612, -84.99949	Boyle
Guist Creek of Brashears Creek	Mouth to Jeptha Creek	38.09920, -85.28615/ 38.13244, -85.19651	Spencer
Harts Run of Wilson Creek*	Mouth to Headwaters	37.86326, -85.61160/ Headwaters	Bullitt
Indian Creek of Thompson Creek	Mouth to Unnamed Tributary	37.85118, -84.97889/ 37.87350, -84.94786	Mercer
Lick Creek of Long Lick Creek	Mouth to 0.1 River Miles Downstream of Dam	37.81851, -85.21553/ 37.82616, -85.16402	Washington
Otter Creek of Rolling Fork*	Land Use Change (0.04 River Miles Downstream of West Fork Otter Creek) to East and Middle Fork Otter Creek	37.50830, -85.58171/ 37.49520, -85.57644	Larue
Overalls Creek of Wilson Creek*	Mouth to West Fork Overalls Creek	37.87053, -85.60352/ 37.88749, -85.60604	Bullitt
Plum Run of Glens Creek	Mouth to Headwaters	37.85773, -85.12186/ Headwaters	Washington
Salt Lick Creek of Rolling Fork*	Mouth to Headwaters	37.55415, -85.52125/ Headwaters	Larue, Marion
Sulphur Creek of Chaplin River*	Mouth to Cheese Lick and Brush Creek	37.88144, -85.09987/ 37.88844, -85.02061	Anderson, Mercer, Washington
Unnamed Tributary of Unnamed Tributary of Sulphur Creek of Sulphur Creek	Mouth to End of Forested Reach	37.88903, -85.09514/ 37.89877, -85.09422	Anderson
West Fork Otter Creek of Otter Creek*	Mouth to Headwaters	37.50770, -85.58158/ Headwaters	Larue
Wilson Creek of Rolling Fork*	Mouth to Headwaters	37.81170, -85.73756/ Headwaters	Bullitt, Nelson
TENNESSEE RIVER BASIN
Blood River of Kentucky Lake*	McCullough Fork to Tennessee State Line	36.52538, -88.17089/ 36.49911, -88.17594	Calloway
Clarks River of Tennessee River	Persimmon Slough Creek to Middle Fork Creek	36.91438, -88.42009/ 36.90303, -88.40517	Marshall
Grindstone Creek of Kentucky Lake*	Kentucky Lake Backwaters to Headwaters	36.58230, -88.11886/ Headwaters	Calloway
Panther Creek of Kentucky Lake (Blood River)*	Kentucky Lake Backwaters (0.05 River Miles Downstream From End of CR-1137 Deerberry Lane) to Headwaters	36.56275, -88.15697/ Headwaters	Calloway
Panther Creek of West Fork Clarks River*	Upstream of Channelization (at CR-1088 McKendree Church Road) to Impoundment	36.80551, -88.52235/ 36.74409, -88.51418	Graves
Rockhouse Creek of Clarks River	Mouth to East and West Fork Rockhouse Creek	36.74871, -88.27661/ 36.70430, -88.31580	Calloway
Soldier Creek of West Fork Clarks River*	Mouth to North Fork and South Fork Soldier Creek	36.79642, -88.47535/ 36.78881, -88.39095	Marshall
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 Road	36.65222, -88.15062/ 36.65780, -88.15776	Calloway
Sugar Creek of West Fork Clarks River	Mouth to Unnamed Reservoir	36.90001, -88.54781/ 36.87609, -88.49180	Graves
Trace Creek of West Fork of Clarks River*	Mouth to Neely Branch	36.84213, -88.53168/ 36.80975, -88.56009	Graves
Unnamed Tributary of Unnamed Tributary of Panther Creek of West Fork Clarks River*	Mouth to Headwaters	36.79894, -88.53176/ Headwaters	Graves
West Fork Clarks River of Clarks River	Panther Creek to Soldier Creek	36.82217, -88.51448/ 36.79648, -88.47555	Graves
West Fork Clarks River of Clarks River*	Soldier Creek to Duncan Creek	36.79646, -88.47554/ 36.76359, -88.45642	Marshall
Wildcat Creek of Blood River*	CR-1131 Wright Road to Headwaters	36.61320, -88.18308/ Headwaters	Calloway
TRADEWATER RIVER BASIN
East Fork Flynn Fork of Flynn Fork*	US-62 Dawson Road to Headwaters	37.14805, -87.76320/ Headwaters	Caldwell
Piney Creek of Lake Beshear*	Lake Beshear Backwaters to Headwaters	37.10253, -87.70751/ Headwaters	Caldwell, Christian
Sandlick Creek of Tradewater River*	Camp Creek to Headwaters	37.02761, -87.59583/ Headwaters	Christian
Tradewater River of Ohio River	Caney Creek to Buffalo Creek	37.16249, -87.66399/ 37.15384, -87.64868	Hopkins
Tradewater River of Ohio River*	Drippings Spring Branch to Buntin Lake Dam	37.03680, -87.52727/ 36.95621, -87.48714	Christian
Unnamed Tributary of Piney Creek of Lake Beshear*	Mouth to Headwaters	37.08000, -87.71066/ Headwaters	Caldwell
Unnamed Tributary of Sandlick Creek of Tradewater River*	Mouth to Headwaters	37.00769, -87.59282/ Headwaters	Christian
TYGARTS CREEK BASIN
Tygarts Creek of Ohio River	Lost Creek to Leatherwood Branch	38.51484, -82.97672/ 38.48574, -83.02801	Greenup
UPPER CUMBERLAND RIVER BASIN
Bad Branch of Poor Fork Cumberland River*	Mouth to Headwaters	37.06615, -82.77128/ Headwaters	Letcher
Bark Camp Creek of Cumberland River*	Upstream of Cumberland River Backwaters to Martins Fork	36.90856, -84.30678/ 36.89760, -84.26548	Whitley
Bear Creek of Big South Fork Cumberland River	Mouth to Tennessee State Line	36.62673, -84.53343/ 36.59643, -84.52092	McCreary
Beaver Creek of Cumberland River*	Mouth to Freeman Fork and Middle Fork	36.94623, -84.41643/ 36.89501, -84.44078	McCreary
Bee Lick Creek of Brushy Creek	Mouth to Warren Branch	37.26772, -84.43760/ 37.30223, -84.49337	Pulaski
Brownies Creek of Cumberland River*	Blacksnake Branch to Headwaters	36.70309, -83.51605/ Headwaters	Bell, Harlan
Brush Creek of Roundstone Creek	Wolf Creek to Reemergence of Sinking Creek	37.38934, -84.26451/ 37.46557, -84.22675	Rockcastle
Brushy Creek of Buck Creek*	Mouth to Headwaters	37.21223, -84.46737/ Headwaters	Pulaski, Rockcastle
Buck Creek of Lake Cumberland (Cumberland River)*	Backwaters of Lake Cumberland to 0.8 River Miles Upstream of Hurricane Creek	37.04922, -84.42953/ 37.35997, -84.59522	Lincoln, Pulaski
Bunches Creek of Cumberland River*	Mouth to Amos Falls Branch and Seminary Branch	36.83271, -84.31786/ 36.82749, -84.26979	Whitley
Cane Creek of Rockcastle River*	Mouth to Dam/Pond in Headwaters	37.02646, -84.30837/ 37.05336, -84.17792	Laurel
Clear Creek of Roundstone Creek	Scaffold Cane Branch to Davis Branch	37.44240, -84.27859/ 37.48595, -84.25532	Rockcastle
Clifty Creek of Brushy Creek	Mouth to Rocky Branch	37.21642, -84.46933/ 37.24147, -84.48323	Pulaski
Cogur Fork of Indian Creek*	Mouth to Headwaters	36.79972, -84.39768/ Headwaters	McCreary
Cumberland River of Lake Cumberland	Kentucky Wild River Boundaries	36.87220, -84.32413/ 36.75173, -84.28413	McCreary, Whitley
Dog Slaughter Creek of Cumberland River*	Mouth to North and South Fork Dog Slaughter Creek	36.85996, -84.31441/ 36.85930, -84.30072	Whitley
Eagle Creek of Cumberland River*	Mouth to Headwaters	36.84359, -84.34359/ Headwaters	McCreary
Fishing Creek of Lake Cumberland (Cumberland River)	Lake Cumberland Backwaters to Puncheon Creek	37.12475, -84.71187/ 37.22878, -84.71567	Casey, Lincoln, Pulaski
Fugitt Creek of Clover Fork Cumberland River*	Land Use Change to Headwaters	36.91670, -83.08021/ Headwaters	Harlan
Horse Lick Creek of Rockcastle River*	Mouth to Clover Bottom Creek	37.31994, -84.13808/ 37.40908, -84.12219	Jackson, Rockcastle
Howards Creek of Dale Hollow Lake*	Dale Hollow Lake Backwaters to Headwaters	36.69404, -85.22579/ Headwaters	Clinton
Indian Creek of Cumberland River*	Kilburn Fork to Barren Fork	36.80492, -84.37957/ 36.78654, -84.41624	McCreary
Jackie Branch of Bark Camp Creek*	Mouth to Headwaters	36.90449, -84.27945/ Headwaters	Whitley
Jellico Creek of Cumberland River	Mouth to Jacks Creek	36.75172, -84.27458/ 36.72276, -84.27523	McCreary, Whitley
Kettle Creek of Cumberland River	Tennessee State Line to Wells Creek	36.61526, -85.49117/ 36.65104, -85.44504	Monroe
Kilburn Fork of Indian Creek	Mouth to Headwaters	36.80503, -84.37958/ Headwaters	McCreary
Laurel Creek of Marsh Creek	Mouth to Laurel Creek Lake Dam	36.73182, -84.37118/ 36.69308, -84.44385	McCreary
Laurel Fork of Clear Fork*	Tennessee State Line to Tiny Branch	36.58947, -83.98760/ 36.63172, -83.95268	Whitley
Laurel Fork of Middle Fork Rockcastle River*	Mouth to Headwaters	37.36733, -84.04829/ Headwaters	Jackson
Leatherwood Creek of Marrowbone Creek	Mouth to Headwaters	36.83564, -85.56409/ Headwaters	Cumberland, Metcalfe, Monroe
Left Fork Fugitt Creek of Fugitt Creek	Mouth to Headwaters	36.92528, -83.04509/ Headwaters	Harlan
Little South Fork of Cumberland River*	Backwaters of Lake Cumberland to Langham Branch	36.80583, -84.59556/ 36.64854, -84.78912	McCreary, Wayne
Little White Oak Creek of White Oak Creek	Mouth to Headwaters	37.10204, -84.19978/ Headwaters	Laurel
Marsh Creek of Cumberland River*	Ford Crossing at CR-1060 East Kidd School Road and CR-1110 Kidd School Road to Tennessee State Line	36.69964, -84.34471/ 36.59540, -84.40845	McCreary
Martins Fork of Cumberland River	Rough Branch to Headwaters	36.69766, -83.39220/ Headwaters	Bell, Harlan
McFarland Creek of Cumberland River	Poore Branch to Tennessee State Line	36.63276, -85.50960/ 36.61585, -85.55184	Monroe
McFarland Creek of Cumberland River	Tennessee State Line to Tennessee State Line	36.61628, -85.57728/ 36.61646, -85.58620	Monroe
Meshack Creek of Cumberland River	Mouth to Pitcock Branch	36.70211, -85.53507/ 36.73160, -85.54153	Monroe
Middle Fork Rockcastle River of Rockcastle River*	Mouth to Indian Creek and Laurel Fork	37.33585, -84.11898/ 37.36739, -84.04838	Jackson
Mud Camp Creek of Cumberland River*	Mouth to Collins Branch	36.76461, -85.51225/ 36.77858, -85.51607	Cumberland
Mud Camp Creek of Cumberland River*	Unnamed Tributary (at Milepost 0.25 of CR-1335 Sawmill Hollow Road) to Headwaters	36.78298, -85.55654/ Headwaters	Cumberland, Monroe
Otter Creek of Lake Cumberland	0.75 River Miles Upstream of Gap Creek to Carpenter Fork	36.76911, -84.96678/ 36.70801, -84.95672	Wayne
Poor Fork Cumberland River of Cumberland River*	Franks Creek to Headwaters	37.05547, -82.80558/ Headwaters	Letcher
Presley House Branch of Poor Fork Cumberland River*	Mouth to Headwaters	37.06433, -82.79065/ Headwaters	Letcher
Puncheoncamp Branch of Rock Creek*	Mouth to Headwaters	36.65874, -84.64042/ Headwaters	McCreary
Sand Lick Creek of Crocus Creek	Mouth to Unnamed Tributary	36.92458, -85.27126/ 36.92129, -85.24942	Adair, Cumberland, Russell
Shilalah Creek of Clear Fork*	Mouth to to Headwaters	36.66632, -83.59259/ Headwaters	Bell
Sinking Creek of Rockcastle River*	Mouth to White Oak Creek	37.10193, -84.27981/ 37.09095, -84.20416	Laurel
South Fork Dog Slaughter Creek of Dog Slaughter Creek*	Mouth to Headwaters	36.85930, -84.30072/ Headwaters	Whitley
South Fork Rockcastle River of Rockcastle River	Mouth to to White Oak Creek	37.33576, -84.11903/ 337.29097, -84.08801	Jackson, Laurel
Sulphur Creek of Cumberland River	Little Sulphur Creek to Baxter Branch	36.68446, -85.57250/ 36.68327, -85.60582	Monroe
Sulphur Creek of Dale Hollow Lake (Wolf River)*	Dale Hollow Reservoir Backwaters to Headwaters	36.64784, -85.20342/ Headwaters	Clinton
Unnamed Tributary of Cane Creek of Rockcastle River	Mouth to Headwaters	37.05162, -84.19761/ Headwaters	Laurel
Unnamed Tributary of Rock Creek of Big South Fork Cumberland River*	Mouth to Headwaters	36.66420, -84.62917/ Headwaters	McCreary
Unnamed Tributary of Rock Creek of Big South Fork Cumberland River*	Mouth to Headwaters	36.64450, -84.71115/ Headwaters	McCreary
Watts Branch of Rock Creek*	Mouth to Headwaters	36.65759, -84.65619/ Headwaters	McCreary
Watts Creek of Cumberland River*	Camp Blanton Lake to Headwaters	36.86035, -83.37971/ Headwaters	Harlan
White Oak Creek of Sinking Creek	Little White Oak Creek to Headwaters	37.10204, -84.19978/ Headwaters	Laurel
*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 Bioas-sessment 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 401 KAR 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 401 KAR 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 antidegra-dation 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 Socioeco-nomic 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 401 KAR 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 401 KAR 5:080.

Section 2. Procedure for Recategorizing Water. This section shall apply to the recategoriza-tion of surface water to outstanding national resource water and exceptional water. The redes-ignation 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 recate-gorized water promulgated as an amendment to this administrative regulation.

(4) The following information, documentation, and data shall support a petition for recatego-rization:

(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.

401 KAR 10:030

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.

STATUTORY AUTHORITY: KRS 146.220, 146.241, 146.270, 146.410, 146.450, 146.460, 146.465, 224.10-100, 224.16-050, 224.16-060, 224.70-100, 224.70-110, 40 C.F.R. 130, 131, 16 U.S.C. 1271 - 1287, 1531 - 1544, 33 U.S.C. 1311, 1313, 1314, 1315, 1316, 1341, 1342, 1344