Draft California 2020 Integrated Report (303(d) List/305(b) Report)

Supporting Information

Regional Board 5 - Central Valley Region

Water Body Name: Sly Creek Reservoir (Butte County)
Water Body ID: CAL5182300020200110040195
Water Body Type: Lake & Reservoir
 
DECISION ID
120592
Region 5     
Sly Creek Reservoir (Butte County)
 
Pollutant: Selenium
Final Listing Decision: Do Not List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision: New Decision
Revision Status Revised
Impairment from Pollutant or Pollution: Pollutant
 
Regional Board Conclusion: This pollutant is being considered for placement on the Clean Water Act (CWA) section 303(d) List under section 3.1 of the Listing Policy.

A total of one line of evidence is available in the administrative record to assess this pollutant. A total of zero of six samples exceed the evaluation guideline for the commercial or recreational collection of fish, shellfish, or organisms beneficial use. These data are insufficient to determine the applicable beneficial use support rating with the power and confidence required by the Listing Policy.

Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification against placing this water segment-pollutant combination on the CWA section 303(d) List.

This conclusion is based on the staff findings that:
1. The data used satisfies the data quality requirements of section 6.1.4 of the Policy.
2. The data used satisfies the data quantity requirements of section 6.1.5 of the Policy.
3. A total of zero of six samples exceed the evaluation guideline for the commercial or recreational collection of fish, shellfish, or organisms beneficial use. This does not exceed the allowable frequency listed in Table 3.1 of the Listing Policy.
4. Pursuant to section 3.11 of the Listing Policy, no additional data and information are available indicating that standards are not met.
 
Regional Board Decision Recommendation: After review of the available data and information, RWQCB staff concludes that the water body-pollutant combination should not be placed on the section 303(d) list. The readily available data and information is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating.
 
State Board Review of Regional Board Conclusion and Recommendation:
 
State Board Decision Recommendation:
 
 
Line of Evidence (LOE) for Decision ID 120592, Selenium
Region 5     
Sly Creek Reservoir (Butte County)
 
LOE ID: 195658
 
Pollutant: Selenium
LOE Subgroup: Pollutant-Tissue
Matrix: Tissue
Fraction: Fish fillet
 
Beneficial Use: Commercial or recreational collection of fish, shellfish, or organisms
 
Number of Samples: 6
Number of Exceedances: 0
 
Data and Information Type: PHYSICAL/CHEMICAL MONITORING
Data Used to Assess Water Quality: Water Board staff assessed SWAMP Sportfish Contamination in Lakes and Resrv data for Sly Creek Reservoir (Butte County) to determine beneficial use support and the results are as follows 0 of the 6 samples exceeded the water quality threshold for Selenium. Data were collected for 6 fish species (2 composite(s) of Green Sunfish each composed of 5 fish per composite, 1 composite(s) of Green Sunfish each composed of 10 fish per composite, 1 composite(s) of Spotted Bass each composed of 7 fish per composite, 1 composite(s) of Spotted Bass each composed of 2 fish per composite, 3 composite(s) of Rainbow Trout each composed of 1 fish per composite, 2 composite(s) of Brown Trout each composed of 1 fish per composite).
Data Reference: Habitat, Sediment, Tissue, Water data for the 2020/2022 integrated report in Region 5.
 
SWAMP Data: SWAMP
 
Water Quality Objective/Criterion: All waters shall be maintained free of toxic substances in concentrations that are toxic to, or that produce detrimental physiological responses in human, plant, animal, or aquatic life. (Water Quality Control Plan for the California Regional Water Quality Control Board Central Valley Region, Sacramento and San Joaquin River Basins)
Objective/Criterion Reference: Water Quality Control Plan for the California Regional Water Quality Control Board Central Valley Region, Sacramento and San Joaquin River Basins. 4th ed
 
Evaluation Guideline: The OEHHA Fish Contaminant Goal for selenium in fish tissue is 7.4 ppm. This screening level assumes an average body weight of 70 kg and a consumption rate of 32 g/day. A background dietary consumption rate of 0.114 mg/day is applied for this micronutrient. (Klasing, S., and R. Brodberg, 2008)
Guideline Reference: Development of Fish Contaminant Goals and Advisory Tissue Levels for Common Contaminants in California Sport Fish: Chlordane, DDTs, Dieldrin, Methylmercury, PCBs, Selenium, and Toxaphene
 
Spatial Representation: Data was collected from 1 station(s) with the station code(s): 518SLYRES.
Temporal Representation: Data for this line of evidence were collected between 2016-07-18 and 2016-07-18. When composited fish were collected over multiple days, the first day of fish collection was used as the sample date in the LOE, both for LOE writing, and for averaging period purposes.
Environmental Conditions:
QAPP Information: SWAMP QAPrP 2008
QAPP Information Reference(s): Quality Assurance Program Plans, Quality Assurance Project Plans, and Standard Operating Procedures for the SWAMP program
 
 
DECISION ID
131255
Region 5     
Sly Creek Reservoir (Butte County)
 
Pollutant: Mercury
Final Listing Decision: List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision: New Decision
Revision Status Revised
Sources: A Source Unknown
Expected TMDL Completion Date: 2033
Impairment from Pollutant or Pollution: Pollutant
 
Regional Board Conclusion: This pollutant is being considered for placement on the section 303(d) list under section 3.11 of the Listing Policy. Under section 3.11 when all other listing factors do not result in the listing of a water segment but information indicates non-attainment of standards, a water segment shall be evaluated to determine whether the weight of evidence demonstrates that water quality standard is not attained. If the weight of evidence indicates non-attainment, the water segment shall be placed on the CWA section 303(d) List.

WILD beneficial use:
LOE 223446: 1 of 1 samples exceed the prey fish mercury objective and consist of 17 prey fish sampled from a mixture of trophic levels and collected between February and July of the same calendar year.
LOE 223493: 1 of 1 samples exceed the sport fish mercury objective and consist of 12 trophic level 4 fish.

COMM beneficial use:
LOE 223602: 1 of 1 samples exceed the mercury objective and consist of 3 trophic level 4 fish. Fish lengths are within CDFW length limits.

Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification in favor of placing this water segment-pollutant combination on the CWA section 303(d) List.
This conclusion is based on the staff findings that:
1. The data used satisfies the data quality requirements of section 6.1.4 of the Policy.
2. The data used satisfies the data quantity requirements of section 6.1.5 of the Policy.
3. 1 of 1 samples exceed the sport fish objective for the WILD beneficial use. 1 of 1 samples exceed the sport fish objective for the COMM beneficial use. 1 of 1 samples exceed the prey fish objective for the WILD beneficial use. The tissue samples that exceed the prey fish and sport fish objectives for WILD are annual averages and are aggregated from at least eight fish. Eight or more fish within a sample are needed to determine non-attainment of the mercury objective following weight of evidence in Listing Policy section 3.11.
4. Pursuant to section 3.11 of the Listing Policy, no additional data and information are available indicating that standards are not met.
 
Regional Board Decision Recommendation: This decision was made by SWRCB staff.
 
State Board Review of Regional Board Conclusion and Recommendation:
 
State Board Decision Recommendation:
 
 
Line of Evidence (LOE) for Decision ID 131255, Mercury
Region 5     
Sly Creek Reservoir (Butte County)
 
LOE ID: 223493
 
Pollutant: Mercury
LOE Subgroup: Pollutant-Tissue
Matrix: Tissue
Fraction: Fish fillet
 
Beneficial Use: Wildlife Habitat
 
Number of Samples: 1
Number of Exceedances: 1
 
Data and Information Type: PHYSICAL/CHEMICAL MONITORING
Data Used to Assess Water Quality: Water Board staff assessed SWAMP Sportfish Contamination in Lakes and Resrv data for Sly Creek Reservoir (Butte County) to determine beneficial use support and the results are as follows: 1 of the 1 samples exceeded the water quality threshold for Mercury. This LOE contains data only for trophic level 4 fish. The concentration of Mercury in fish collected within the same calendar year, for the same trophic level were averaged into a single sample for comparison with the objective. A total of 12 fish were aggregated into 1 annual averages, which consisted of 2 fish species (11 composite(s) of Spotted Bass each composed of 1 fish per composite, 1 composite(s) of Brown Trout each composed of 1 fish per composite). Of these annual averages, 1 average(s), (Year(s): 2016) exceeded the objective.
Data Reference: Habitat, Sediment, Tissue, Water data for the 2020/2022 integrated report in Region 5.
 
SWAMP Data: SWAMP
 
Water Quality Objective/Criterion: All waters shall be maintained free of toxic substances in concentrations that are toxic to, or that produce detrimental physiological responses in human, plant, animal, or aquatic life. (Water Quality Control Plan for the California Regional Water Quality Control Board Central Valley Region, Sacramento and San Joaquin River Basins)
Objective/Criterion Reference: Water Quality Control Plan for the California Regional Water Quality Control Board Central Valley Region, Sacramento and San Joaquin River Basins. 4th ed
 
Evaluation Guideline: The Statewide Sport Fish Water Quality Objective for the protection of Wildlife Habitat comes from the Statewide Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California, and is 0.2 mg/Kg wet weight skinless fillet samples of trophic level 3, or trophic level 4 fish (whichever is highest in the water body) over a one year averaging period. If trophic level 3 fish are used in the assessment then the Prey Fish Water Quality Objective must also be used to determine that the Sport Fish Objective is being met. Trophic levels of applicable fish are defined in, but not limited to those in Attachment C of the Final Regulatory Language document (Appendix A) of State Water Resources Control Board Resolution No. 2017-0027.
Guideline Reference: Inland Surface Waters, Enclosed Bays, and Estuaries Plan. Part 1: Trash Provisions; Part 2: Tribal Subsistence Beneficial Uses and Mercury Provisions; Part 3: Bacteria Provisions and Variance Policy
 
Spatial Representation: Data was collected from 1 station(s) with the station code(s): 518SLYRES.
Temporal Representation: Data for this line of evidence were collected between 2016-07-18 and 2016-07-18. When composited fish were collected over multiple days, the first day of fish collection was used as the sample date in the LOE, both for LOE writing, and for averaging period purposes.
Environmental Conditions:
QAPP Information: SWAMP QAPrP 2008
QAPP Information Reference(s): Quality Assurance Program Plans, Quality Assurance Project Plans, and Standard Operating Procedures for the SWAMP program
 
Line of Evidence (LOE) for Decision ID 131255, Mercury
Region 5     
Sly Creek Reservoir (Butte County)
 
LOE ID: 223602
 
Pollutant: Mercury
LOE Subgroup: Pollutant-Tissue
Matrix: Tissue
Fraction: Fish fillet
 
Beneficial Use: Commercial or recreational collection of fish, shellfish, or organisms
 
Number of Samples: 1
Number of Exceedances: 1
 
Data and Information Type: PHYSICAL/CHEMICAL MONITORING
Data Used to Assess Water Quality: Water Board staff assessed SWAMP Sportfish Contamination in Lakes and Resrv data for Sly Creek Reservoir (Butte County) to determine beneficial use support and the results are as follows: 1 of the 1 samples exceeded the water quality threshold for Mercury. This LOE contains data only for trophic level 4 fish. The concentration of Mercury in fish collected within the same calendar year, for the same trophic level were averaged into a single sample for comparison with the objective. A total of 3 fish were aggregated into 1 annual averages, which consisted of 2 fish species (2 composite(s) of Spotted Bass each composed of 1 fish per composite, 1 composite(s) of Brown Trout each composed of 1 fish per composite). Of these annual averages, 1 average(s), (Year(s): 2016) exceeded the objective.This LOE does not contain data from fish who's average length was outside of the legal size limits as described by the California Department of Fish and Wildlife Fishing Regulations.
Data Reference: Habitat, Sediment, Tissue, Water data for the 2020/2022 integrated report in Region 5.
 
SWAMP Data: SWAMP
 
Water Quality Objective/Criterion: All waters shall be maintained free of toxic substances in concentrations that are toxic to, or that produce detrimental physiological responses in human, plant, animal, or aquatic life. (Water Quality Control Plan for the California Regional Water Quality Control Board Central Valley Region, Sacramento and San Joaquin River Basins)
Objective/Criterion Reference: Water Quality Control Plan for the California Regional Water Quality Control Board Central Valley Region, Sacramento and San Joaquin River Basins. 4th ed
 
Evaluation Guideline: The Statewide Sport Fish Water Quality Objective for the protection of the Commercial and Sport Fishing beneficial comes from the Statewide Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California, and is 0.2 mg/Kg wet weight skinless fillet samples of trophic level 3, or trophic level 4 fish (whichever is highest in the water body) over a one year averaging period. Trophic levels of applicable fish are defined in, but not limited to those in Attachment C of the Final Regulatory Language document (Appendix A) of State Water Resources Control Board Resolution No. 2017-0027.
Guideline Reference: Inland Surface Waters, Enclosed Bays, and Estuaries Plan. Part 1: Trash Provisions; Part 2: Tribal Subsistence Beneficial Uses and Mercury Provisions; Part 3: Bacteria Provisions and Variance Policy
 
Spatial Representation: Data was collected from 1 station(s) with the station code(s): 518SLYRES.
Temporal Representation: Data for this line of evidence were collected between 2016-07-18 and 2016-07-18. When composited fish were collected over multiple days, the first day of fish collection was used as the sample date in the LOE, both for LOE writing, and for averaging period purposes.
Environmental Conditions:
QAPP Information: SWAMP QAPrP 2008
QAPP Information Reference(s): Quality Assurance Program Plans, Quality Assurance Project Plans, and Standard Operating Procedures for the SWAMP program
 
Line of Evidence (LOE) for Decision ID 131255, Mercury
Region 5     
Sly Creek Reservoir (Butte County)
 
LOE ID: 223446
 
Pollutant: Mercury
LOE Subgroup: Pollutant-Tissue
Matrix: Tissue
Fraction: Fish fillet
 
Beneficial Use: Wildlife Habitat
 
Number of Samples: 1
Number of Exceedances: 1
 
Data and Information Type: PHYSICAL/CHEMICAL MONITORING
Data Used to Assess Water Quality: Water Board staff assessed SWAMP Sportfish Contamination in Lakes and Resrv data for Sly Creek Reservoir (Butte County) to determine beneficial use support and the results are as follows: 1 of the 1 samples exceeded the water quality threshold for Mercury. All fish collected between February and July of the same calendar year with a reported length of 50-150 mm were averaged into a single sample, independent or species of trophic level, for comparison with the objective. This LOE consists of a total of 17 fish, which were aggregated into 1 annual averages, consisting of 2 fish species (1 composite(s) of Green Sunfish each composed of 10 fish per composite, 1 composite(s) of Spotted Bass each composed of 7 fish per composite). Of these annual averages, 1 average(s), (Year(s): 2016) exceeded the objective.
Data Reference: Habitat, Sediment, Tissue, Water data for the 2020/2022 integrated report in Region 5.
 
SWAMP Data: SWAMP
 
Water Quality Objective/Criterion: All waters shall be maintained free of toxic substances in concentrations that are toxic to, or that produce detrimental physiological responses in human, plant, animal, or aquatic life. (Water Quality Control Plan for the California Regional Water Quality Control Board Central Valley Region, Sacramento and San Joaquin River Basins)
Objective/Criterion Reference: Water Quality Control Plan for the California Regional Water Quality Control Board Central Valley Region, Sacramento and San Joaquin River Basins. 4th ed
 
Evaluation Guideline: The Statewide Prey Fish Water Quality Objective for the protection of Wildlife Habitat comes from the Statewide Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California, and is 0.05 mg/Kg wet weight whole fish samples of any fish species between 50 to 150 mm in total length collected between February 1 and July 31. (SWRCB Resolution No. 2017-0027)
Guideline Reference: Inland Surface Waters, Enclosed Bays, and Estuaries Plan. Part 1: Trash Provisions; Part 2: Tribal Subsistence Beneficial Uses and Mercury Provisions; Part 3: Bacteria Provisions and Variance Policy
 
Spatial Representation: Data was collected from 1 station(s) with the station code(s): 518SLYRES.
Temporal Representation: Data for this line of evidence were collected between 2016-07-18 and 2016-07-18. When composited fish were collected over multiple days, the first day of fish collection was used as the sample date in the LOE, both for LOE writing, and for averaging period purposes.
Environmental Conditions:
QAPP Information: SWAMP QAPrP 2008
QAPP Information Reference(s): Quality Assurance Program Plans, Quality Assurance Project Plans, and Standard Operating Procedures for the SWAMP program