List of Tier 2 and Tier 3 Waters

Permit Number

Areas of Coverage/Where EPA Is Permitting Authority

MAR050000

Commonwealth of Massachusetts , except Indian Country lands

Tier 2 and Tier 2.5 waters are identified and listed in 314 CMR 4.06 Basin Classification. (314 CMR 4 can be found at DEP's web page at http://www.mass.gov/dep/service/regulations/314cmr04.pdf (PDF) )

Tier 2

Tier 2 waters are listed as “high quality waters” on the website:

http://www.mass.gov/dep/water/laws/tblfig.pdf (PDF)

Tier 2.5

Tier 2.5 waters are listed as “outstanding resource waters” on the website:

http://www.mass.gov/dep/water/laws/tblfig.pdf (PDF)

NHR050000

State of New Hampshire

Tier 2/2.5

There is no list of Tier 2/Tier 2.5 waters. New dischargers should contact Thelma Murphy (EPA Region 1’s stormwater coordinator) at murphy.thelma@epa.gov.

Tier 3

Env-Ws 1708.05(a) Surface waters of national forests and surface waters designated as “natural” under RSA 483:7-a, I shall be considered outstanding resource waters (ORW). “Natural waters” are listed at http://www.gencourt.state.nh.us/rsa/html/L/483/483-15.htm . Surface waters of national forests are not included in an official list. For further questions, new dischargers should contact Thelma Murphy (EPA Region 1’s stormwater coordinator) at murphy.thelma@epa.gov.

PRR050000

Commonwealth of Puerto Rico

Tier 3

Tier III waters are those which are classified as either Class SA or Class SE. Class SA waters are defined as "Coastal waters and estuarine waters of high quality and/or exceptional ecological or recreational value whose existing characteristics shall not be altered, except by natural causes, in order to preserve the existing natural phenomena." Class SA waters include bioluminiscent lagoons and bays such as La Parguera and Monsio José on the Southern Coast, Bahía de Mosquito in Vieques, and any other coastal or estuarine waters of exceptional quality of high ecological value or recreational which may be designated by Puerto Rico, through Resolution, as requiring this classification for protection of the waters. Class SE waters are defined as "Surface waters and wetlands of exceptional ecological value, whose existing characteristics should not be altered in order to preserve the existing natural phenomena." Class SE waters include Laguna Tortuguero, Laguna Cartagena and any other surface water bodies of exceptional ecological value as may be designated by Puerto Rico through Resolution.

DCR050000

District of Columbia

Tier 2/2.5

Rock Creek and its tributaries and Battery Kemble Creek and its tributaries are considered Special Waters of the District of Columbia (SWDC) under its antidegradation program.

MNR05000I

Fond du Lac Band of MN Chippewa

Tier 3

Six lakes are presently identified as Tier 3: (1) Dead Fish, (2) Jaskari, (3) Miller (Mud), (4) Perch, (5) Rice Portage, (6) Wild Rice.

Grand Portage Band of MN Chippewa

Tier 2/2.5

All waters, not already classified as Tier 3, are high quality Tier 2 waters. (see Grand Portage Reservation Water Quality Standards, Section VI & VII, Pages 14-16).

Tier 3

“The portion of Lake Superior north of latitude 47 degrees, 57 minutes, 13 seconds, east of Hat Point, south of the Minnesota-Ontario boundary, and west of the Minnesota-Michigan boundary.” (see Section VII, Page 16).

WIR05000I

Indian Country lands within the State of Wisconsin, except those on Sokaogon Chippewa Community lands

Tier 3

All waters in the Sokaogon Chippewa Community (WI) are classified as Tier 3.

NMR050000

State of New Mexico

Tier 3

(1) Rio Santa Barbara, including the west, middle and east forks from their headwaters downstream to the boundary of the Pecos Wilderness; and

(2) the waters within the United States forest service Valle Vidal special management unit including:

(a) Rio Costilla, including Comanche, La Cueva, Fernandez, Chuckwagon, Little Costilla, Holman, Gold, Grassy, LaBelle and Vidal creeks, from their headwaters downstream to the boundary of the United States forest service Valle Vidal special management unit;

(b) Middle Ponil creek, including the waters of Greenwood Canyon, from their headwaters downstream to the boundary of the Elliott S. Barker wildlife management area;

(c) Shuree lakes;

(d) North Ponil creek, including McCrystal and Seally Canyon creeks, from their headwaters downstream to the boundary of the United States forest service Valle Vidal special management unit; and

(e) Leandro creek from its headwaters downstream to the boundary of the United States forest service Valle Vidal special management unit.