5 Colo. Code Regs. § 1002-38.36

Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-38.36 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE; MAY 4, 1992 HEARING ON SEGMENT 1c OF BEAR CREEK:

Basis and Purpose: Classifications, Standards, and Water Quality-based Designation:

In deciding the appropriate use classifications and standards the Commission relied on data presented in the Bear Creek Reservoir Clean Lakes Study, conducted by the Denver Regional Council of Governments (DRCOG) in 1990, on data collected by the Jefferson County Mountain Water Quality Association and the city of Lakewood on Water Quality Studies conducted by the Division in 1987, and on water quality data collected by the U.S. Army Corps of Engineers from 1979 through 1991.

Bear Creek Reservoir currently supports recreational uses such as small boating and fishing. Although swimming is not now allowed by the City of Lakewood, this use has occurred in the past and has the potential for occurring as part of future recreational activities at the Bear Creek Park. According to data collected by the Division, DRCOG, the Jefferson County Mountain Water Quality Association and City of Lakewood, the fecal coliform standard of 200 per 100/ml was consistently met in the reservoir. The Commission determined that based on these factors, the Recreation Class 1 is the appropriate classification for segment 1c and that the Goal Qualifier be deleted.

Information collected by the Division, DRCOG, Jefferson County Mountain Water Quality Association and city of Lakewood shows that the Aquatic Life Class 1 Cold Water use is substantially impaired during summer months because of low dissolved oxygen concentrations. This condition is correctable, and otherwise, the reservoir's physical habitat and water levels are currently capable of sustaining class 1 aquatic life. The Commission has thus retained the existing classification.

The Commission decided to retain the existing undesignated status of the water quality-based designations. In deciding this, the Commission considered the twelve key parameter test and other criteria.

For the key parameter test, ambient water quality data collected by the various agencies previously mentioned was compared to table values for all 12 of the key parameters for water quality-based designations. Due to the very limited amount of dissolved metals data, total metals data was used in the comparison for those metals specified as dissolved in the Basic Standards. It was assumed for these metals that if ambient total metals did not exceed the table values, then the dissolved fraction would therefore also not exceed the table values. The 50th percentile of the U.S. Army Corps of Engineers data was compared to the table values at an average reservoir hardness of 75 mg/liter.

Dissolved oxygen and possibly lead were the two parameters whose quality was worse than table value criteria. Dissolved oxygen concentrations frequently were less than the 6 mg/liter standard in the upper mixed layers (epilimnion and metalimnion) during periods of summer stratification in July, August, and September. The Division believes that if total recoverable or dissolved data were available, that lead would meet table values. Support for this claim comes from Division data collected on seven dates in 1987 which indicate that the 50th percentile would be less than the 5 ug/liter detection limit. By comparison the lowest Army Corps of Engineers lead data for the three collections in 1987 was 135 ug/liter. Thus based on the key parameter test, the reservoir could be designated HQ2. However, the Commission decided that due to the advanced degree of eutrophication the reservoir does not warrant a HQ2 designation at this time, but rather is best left undesignated.

Basis and Purpose: Narrative Phosphorus Standard:

The purpose of the narrative water quality standard for phosphorus is to restore and protect the classified beneficial uses of Bear Creek Reservoir, through improvement in trophic state by limiting concentrations of total phosphorus to the extent necessary to prevent excessive algal growth. This standard is intended to operate in conjunction with the Bear Creek Basin Control Regulation, which is being adopted concurrently, and will provide for significant reduction in phosphorus loads to the reservoir.

Data collected by the Division in 1987, by DRCOG during the Phase I Clean Lakes Diagnostic/Feasibility study in 1988 and 1989 and data collected during subsequent reservoir and inflow monitoring in 1990 and 1991, documented the water quality in the reservoir was noticeably degraded due to excessive algal production and resultant low dissolved oxygen conditions. Very high levels of nutrients including total phosphorus were measured. The reservoir trophic state was classified as hypertrophic to eutrophic. Blooms of undesirable blue-green algae were frequent, and were often dominated by species such as Aphanizomenon. Average growing season chlorophyll-a was 19 ug/liter with maximum values exceeding 90 ug/liter. Average secchi depth transparency was 1.7 meters. During summer stratification, the concentrations of dissolved oxygen were near zero throughout the entire hypolimnion layer (bottom unmixed layer of water ranging from 6 to 14 meters deep) and was frequently less than 6 mg/liter in the metalimnion. This eliminated most of the cold water habitat for trout in the reservoir during the months of July, August, and September.

The Commission determined that in order to improve the poor water quality and the resultant impacts on the beneficial uses and aesthetics, that the current trophic condition of hypertrophic to eutrophic will need to be improved. The Commission established that a reasonable goal for improvement is to shift the trophic condition to a range of mesotrophic to eutrophic. This desired condition would place Bear Creek Reservoir in a trophic state similar to those found in other important recreational reservoirs in the Denver-Metro region, such as Chatfield Reservoir which is classified as mildly eutrophic to mesotrophic (Figure 17, Pg. 117 in Bear Creek Reservoir Clean Lakes Study).

Because the focus of this narrative standard is improvement in trophic condition, it is important to establish the basis for trophic classification. Trophic state is a classification based on nutrient status and level of biological productivity. Lakes with few available nutrients and a low level of biological productivity are termed oligotrophic; those with high nutrient levels and a high level of productivity are termed eurotrophic. Those lakes between oligotrophic and eutrophoic are termed mesotrophic. Lakes in advanced eutrophy are termed hypertrophic. These terms are descriptive and are not exact. The system used in the Bear Creek Reservoir Clean Lakes Study (Figures 9 and 10, Pg. 88 and 89) provides for open boundaries between categories, thus allowing for overlap in classification based on a probability of being classified into a particular category by a large number of limnologists.

Common indicators of nutrient status and productivity include water transparency, as measured by secchi depth; the amount of algae as measured by average and peak chlorophyll-a concentrations; and nutrient status as measured by average lake phosphorus concentration. Traditionally the average concentration of chlorophyll-a has been selected by the Commission as the indicator of lake condition. For Bear Creek Reservoir, however, peak algal biomass (chlorophyll-a) was selected as the most important of these indicators upon which to assess trophic response, because algae blooms are most often associated with impaired uses. To achieve the goal of change in trophic status, a 16 percent reduction in the frequency of nuisance algal blooms during the growing season would need to be achieved, as well as a reduction in frequency and magnitude of the peak chlorophyll-a concentrations.

Available scientific evidence indicates that, in general, the amount of algae is directly related to the concentration of nutrients, in particular total phosphorus. Experience in lake and reservoir restoration around the country during the past two decades has shown that control and limitation of phosphorus supply remains one of the most effective means of controlling eutrophication. In order to achieve a change in trophic status through reduction in algae growth there will, therefore, have to be a substantial reduction in total phosphorus concentration in the reservoir. The phase I study indicates that phosphorus concentrations in the reservoir averaged 111 ug/liter during the growing season. Water quality models predict a 16 percent reduction in frequency of blooms will require a 70% reduction in external phosphorus loading to the reservoir. There would also need to be concomitant in-lake treatment to reduce internal loading and to improve hypolimnion dissolved oxygen concentrations.

Because of the advanced state of eutrophication in Bear Creek Reservoir and the goal to improve degraded conditions, the normal approach of setting a fixed numeric in-lake phosphorus standard was not followed. In other Colorado reservoirs, ambient based phosphorus standards were adopted by the Commission to maintain the existing ambient chlorophyll-a levels and thereby maintain the existing trophic conditions. The narrative standard approach is used here as an alternative that provides flexibility in establishing phosphorus controls in the watershed. This flexibility is needed due to the uncertainty in predicting the specific in-lake phosphorus concentrations required to achieve the clean-up goal and in predicting the reservoir response to algae growth from nutrient reductions. The Commission believes that because of this more flexible approach that substantial monitoring of lake inflow and lake conditions will be required to track the success of reducing phosphorus loading to the reservoir, to make adjustments in point and non-point control strategies, and to document shifts in reservoir trophic state. The Commission intends that the standard be periodically evaluated at triennial reviews.

PARTIES TO THE RULEMAKING HEARING MAY 4, 1992

1. Jefferson County Mountain Water Quality Association
2. Jefferson County
3. Denver Regional Council of Governments
4. Nicole & Charles Moody and Family
5. The City of Lakewood

5 CCR 1002-38.36

38 CR 03, February 10, 2015, effective 6/30/2015
38 CR 17, September 10, 2015, effective 12/31/2015
39 CR 03, February 10, 2016, effective 3/1/2016
39 CR 03, February 10, 2016, effective 6/30/2016
39 CR 23, December 25, 2016, effective 12/30/2016
40 CR 03, February 10, 2017, effective 6/30/2017
40 CR 09, May 10, 2017, effective 6/30/2017
41 CR 01, January 10, 2018, effective 1/31/2018
41 CR 03, February 10, 2018, effective 6/30/2018
42 CR 04, February 25, 2019, effective 6/30/2019
43 CR 03, February 10, 2020, effective 6/30/2020
43 CR 17, September 10, 2020, effective 12/31/2020
44 CR 01, January 10, 2021, effective 2/14/2021
44 CR 05, March 10, 2021, effective 6/30/2021
44 CR 17, September 10, 2021, effective 12/31/2021
45 CR 17, September 10, 2022, effective 9/30/2022
45 CR 21, November 10, 2022, effective 11/30/2022
46 CR 10, May 25, 2023, effective 6/14/2023