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CWA Public Notice - BIG OTTER CREEK

PUBLIC NOTICE

U.S. Environmental Protection Agency, Region 7
Water, Wetlands, and Pesticides Division
901 North 5th Street
Kansas City, Kansas 66101

NOTICE OF AVAILABILITY
TOTAL MAXIMUM DAILY LOAD (TMDL)
FOR BIG OTTER CREEK, IN THE STATE OF MISSOURI

Section 303(d) of the Clean Water Act (CWA), 33 U.S.C §1313(d)(1)(C), and the U.S. Environmental Protection Agency's (EPA) implementing regulation, 40 CFR § 130.7(c)(1), require the establishment of Total Maximum Daily Loads (TMDLs) for waters identified by states as not meeting water quality standards under authority of §303(d)(1)(A) of the CWA. Each of these TMDLs is to be established at a level necessary to implement applicable water quality standards with seasonal variations and a margin of safety, accounting for lack of knowledge concerning the relationship between pollutant loading and water quality.

The TMDL described in this notice is required by the 2001 Consent Decree entered in the case of American Canoe Association, et al. v. Carol M. Browner, et al., No. 98-1195-CV-W, in consolidation with No. 98-4282-CV-W, February 27, 2001. The EPA is developing this TMDL in cooperation with the state of Missouri, and EPA is establishing this TMDL at this time to fulfill the American Canoe consent decree obligations. Missouri may submit and EPA may approve another TMDL for this water at a later time.

The waterbody from the 1998 and 2002 Missouri 303(d) lists that will be addressed by the TMDL is Big Otter Creek, waterbody identification number 1224. Big Otter Creek is located near Brownington in Henry and St. Clair counties, Missouri. The Otter Creek sub-basin flows northeast and drains into the South Grand River system. The South Grand River then flows into the Osage River, which is now impounded by Truman Dam in neighboring Benton County. The impaired waterbody beneficial use is protection of warm water aquatic life impaired by acidity (low pH). Public comment for this TMDL will end on July 31, 2006.

Persons wishing to comment on this proposed TMDL or to offer new data or information regarding the proposed TMDL are invited to send comments to the EPA, Region 7, Water, Wetlands, and Pesticides Division, 901 North 5th Street, Kansas City, Kansas, 66101, ATTENTION: Ms. Debby White, Water Quality Management Branch.

A copy of the proposed TMDL can be obtained through the Internet or by contacting Ms. White via electronic mail at white.debby@epa.gov or via fax request at 913-551-9886. On the web, the TMDL is found at: http://www.epa.gov/region07/water/tmdl_public_notice.htm.

/s/
Betty J. Berry
Acting Director
Water, Wetlands, and Pesticides Division
Region 7
U.S. Environmental Protection Agency
06/28/2006
Date

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