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CWA Public Notice - Miami 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 MIAMI CREEK, IN THE STATE OF MISSOURI

Section 303(d) of the Clean Water Act (CWA), 33 USC § 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 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.

To meet the milestones of the 2001 Consent Decree, American Canoe Association, et al. v. EPA, No. 98-1195-CV-W, in consolidation with No. 98-4282-CV-W, February 27, 2001, EPA is establishing this TMDL. The EPA is developing this TMDL in cooperation with the state of Missouri, and 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 Miami Creek, waterbody identification number 1299. Miami Creek is located in the Upper Osage Marais des Cygnes River Basin in Bates County, Missouri. The primary cause of the sediment impairment to Miami Creek has been identified as pollution caused by agricultural nonpoint sources. . The water body impaired use is warm water aquatic life which is impaired by sediment. The impairment of this water body is based on exceedence of the specific criteria contained in Missouri's WQS, 10 CSR 20-7.030(3)(A), (C) and (G). Public comment for this TMDL ends on October 29, 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: Mr. Nate Dunbar, Water Quality Management Branch.

A copy of the proposed TMDL can be obtained through the Internet or by contacting Mr. Dunbar via electronic mail at dunbar.nate@epa.gov or via fax request at 913-551-9982. On the web, the TMDL is found at: http://www.epa.gov/region07/water/tmdl_public_notice.htm.

/s/
William A. Spratlin
Director
Water, Wetlands, and Pesticides Division
EPA, Region 7

09/26/06
Date

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