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Newport creeks may get federal protection

March 23, 2002

Paul Clinton

NEWPORT BEACH -- The State Water Resources Control Board may add as

many as six creeks in the city to a federal list of impaired water bodies

as early as next month, officials said Friday.

But homeowners in Newport Coast are questioning whether there is a

real need for the federal protection.

Possible additions to the list could include Buck Gully, Los Trancos,

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Muddy Creek, Pelican Hill Waterfall, Pelican Point Creek and Pelican

Point Middle Creek.

The U.S. Environmental Protection Agency has set a deadline of April

30 for the board to submit any new entries for inclusion on the list.

A local environmentalist, the Irvine Co. and other groups have all

found heightened bacteria levels in the creeks.

"The data were quite clear in demonstrating that an impairment exists

[in the creeks]," said Kurt Berchtold, a spokesman for the Santa Ana

Regional Water Quality Control Board.

The federal list, the Impaired Water Bodies 303d List, was created by

the Clean Water Act of 1972. It flags a polluted water body so it can be

cleaned up.

Once added to that list, state and local officials must develop

standards for how much pollution can flow in the creeks. The standards

are known as "total maximum daily loads."

In May, Orange County CoastKeeper Executive Director Garry Brown

submitted the formal request for the listing and some testing data to the

Santa Ana Regional Water Quality Control Board.

In that package, Brown said he included photographs of children

playing in the polluted runoff as it flowed onto the state beach and into

Crystal Cove.

"Our rationale is that basically during the summer there were always

toddlers playing in the urban runoff," Brown said. "We have pictures of

toddlers rolling in it and drinking it."

Last summer, Brown, with the cooperation of the city and other

agencies, installed a diversion pumping system to pull polluted water out

of Buck Gully. About 150,000 gallons a day flow down the gully onto

Little Corona.

Both Crystal Cove and Little Corona are on the state list of 34

protected water bodies known as Areas of Special Biological Significance.

The move to add the creeks to the federal list has been embraced by

the local water board.

In fact, board staff members added three of the creeks to Brown's

initial list of three. Several other water bodies -- including Morning

Canyon Creek, Little Corona and a section of the Back Bay -- were

considered and dropped.

Upper Newport Bay, Newport Harbor and the Santa Ana River are all on

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