8 CAR pt. 21, Appendix E
8 CAR pt. 21, Appendix E. Criteria to be Considered
Length: 612 wordsOfficial source
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ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION
8 CAR PT. 21
APPENDIX E
Criteria to be Considered in Determining Whether the
Designated Use of Extraordinary Resource Water,
Ecologically Sensitive Waterbody, or Natural and
Scenic Waterway Should be Maintained
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APPENDIX E: CRITERIA TO BE CONSIDERED IN
DETERMINING WHETHER THE DESIGNATED USE OF
EXTRAORDINARY RESOURCE WATER, ECOLOGICALLY
SENSITIVE WATERBODY, OR NATURAL AND SCENIC
WATERWAY SHOULD BE MAINTAINED
The determination of whether a designated use of Extraordinary Resource Water,
Ecologically Sensitive Waterbody, or Natural and Scenic Waterway should be maintained
in a given waterbody must be made on a case by case basis. At least 180 days prior to filing
any petition authorized under Rule 2.310 to initiate rulemaking with the Commission to
remove the designated use of Extraordinary Resource Water, Ecologically Sensitive
Waterbody, or Natural and Scenic Waterway from a free flowing waterbody for the
purpose of constructing a reservoir to provide a domestic water supply, the petitioner shall
submit to the division information and supporting documentation which address each of
the following:
(A) Describe generally and specifically the state of the existing water quality;
(B) Identify the presence of key and indicator species of fish adapted to flowing
water systems and state the extent to which these species are present in the
waterbody;
(C) Describe the extent to which water quality and physical habitat, including
wetlands, support other plant or animal life and identify the species;
(D) Identify the presence of, and state the extent to which, other wildlife uses are
dependent upon the waterbody;
(E) State the extent to which water quality and physical habitat support
threatened, endangered, or endemic aquatic or semi-aquatic species and identify
those species;
(F) Specify the extent to which the waterbody supports a high diversity of aquatic
species and identify the presence and frequency of the species;
(G) Describe and identify the extent to which physical or chemical characteristics
of the waterbody provide an unusual or uncommon aquatic habitat;
(H) Describe the extent to which physical or chemical characteristics give the
waterbody unusual or unique aesthetic attributes;
(I) Specify the extent of the use of the waterbody for recreation in or on the
water, such as fishing, swimming, and boating (including but not limited to
canoeing, kayaking, or rafting), or use of the waterbody for commercial activity,
including tourism;
(J) Identify and describe the intangible social values associated with the free
flowing characteristics of the waterbody;
(K) Identify the presence and location of gorges, rapids, waterfalls, or other
significant geologic features;
(L) Identify the presence and location of scenic areas and sites potentially
impacted by the reservoir;
(M) Identify the presence and location of rare and/or irreplaceable natural areas
potentially impacted by the reservoir;
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(N) Identify the presence and location of known archeological sites potentially
impacted by the reservoir;
(O) Identify the presence and location of historic resources potentially impacted
by the reservoir;
(P) Delineate the extent to which the waterbody is located within the boundaries
of, flows through, or is adjacent to state or federal forest land, parks, natural areas,
nature preserves, refuges, or wildlife management areas;
(Q) Describe the extent to which the waterbody is used for educational, scientific,
or research purposes;
(R) Identify the waterbody’s use or potential use as an ecoregion reference
stream;
(S) Describe the land uses, and the geographical extent of each, occurring within
the watershed;
(T) Identify the presence and location of all permitted point sources discharging
to the waterbody;
(U) Identify the presence and location of existing alterations, diversions or man-
made impoundments; and
(V) Provide the frequency of occasions when there is no natural flow in the
waterbody, and the Q7-10 flow values for the waterbody.