Mud Creek IA 06-LSR-6247

A fish kill occurred on this stream reach on July 22, 2008.   The kill affected 1 mile of Mud Creek, O'Brien County, in LeMars.   The kill was caused by leachate of dairy waste into a storm water ditch that discharges to Mud Creek.   The spill caused severe oxygen depletion, which led to the fish kill.   An estimated 270 fish were killed.   The party responsible for the kill was identified, and restitution was sought.  

According to IDNR’s assessment/listing methodology, the occurrence of a single pollutant-caused fish kill, or a fish kill of unknown origin, on a waterbody or waterbody reach during the most recent assessment period indicates a severe stress to the aquatic community and suggests that the aquatic life uses should be assessed as “impaired.”  If a cause of the kill is identified, and the cause is either known, or suspected, to be a “pollutant,” the assessment type is considered “monitored” and the affected waterbody is a candidate for Section 303(d) listing.   If, however, a consent order has been issued to the party responsible for the kill and monetary restitution has been sought for the fish killed, the affected waterbody will be placed in IR Category 4d (impaired but TMDL not required).   IDNR feels that (1) TMDLs should not be required for kills caused by a one-time illegal or unauthorized release of manure or other toxic substance where enforcement actions were taken and (2) enforcement action is more appropriate, efficient, and effective for addressing a spill-related impairment than is the TMDL process.   Thus, this assessment segment was placed in Category 4d of Iowa’s 2010 Integrated Report and remains in IR Category 4d.

[Note:  Prior to the 2008 Section 305(b) cycle, this stream segment was classified only for general uses.    Due to changes in Iowa’s surface water classification that were approved by U.S.   EPA in February 2008 (see http://www.iowadnr.gov/Portals/idnr/uploads/water/standards/files/swcdoc2.pdf), this segment is now presumptively designated for Class A1 (primary contact recreation) uses and for Class B(WW1) aquatic life uses.    According to the Iowa Water Quality Standards, all perennial rivers and streams and all intermittent streams with perennial pools that are not specifically listed in the Iowa surface water classification are designated as Class A1 and Class B(WW1) waters.    Thus, for the current assessment, perennial flow is presumed, and the available water quality monitoring data will be compared to the applicable Class A1 and Class B(WW1) water quality criteria.]