Mr. 

William K. 

Honker, P.E. 

Acting Director 

Water Quality Protection Division 

Regi

on 6 

United States Environmental Protection Agency 

1445 Ross A venue 

Dallas, Texas 75202-2733 

WQ

h~.f/.4~ ~ . /. ~ 6WQ-S ........... . ••••·········•• 

.............. 

Re: Water Quality Certificati

on for 

EPA NPDES Vessel Gener

al Permit for Discharges Incidental to the Normal Operation of 

Vessels and for EPA NPDES Small Vessel General Permit for Discharges Incidental to the Normal Operation of Vessels less than 79 fee t 

Dear Mr. Honker, 

We have received 

your request for a Water Quality Certification 

u

nder Section 40 I of the Federal Water Pollution Control Act (Public Law P.L. 92-500), as amended by the Clean Water Act of 1977 (P.L. 95-217), for 

activities to be 

permitted under the EPA 

NPDES Vessel General 

Permit for Discharges Incidental to the Normal Operation of Vessels (VGP) and Small Vessel General Permit for Discharges Incidental to the Normal Operation of Vessels less than 

79 feel (s VGP). 

Department of 

E

n

vir

onmental 

Quality (DEQ) rules governing 40 I Water Quality Certification are contained in Oklahoma Administrative Code (OAC) 252:611-3-1 through 252:611-3-6 pursuant to 27A O.S. 2-6-1 03(C)(2). For copies of the DEQ rules and regulations related to the 40 I procedures, please contact the 

D

EQ Office of 

Citizens Assistance at (800) 869-1400/( 405) 702-1077 or access it online at www.deq.state.ok.us/rules/611.pdf. 

We have reviewed the draft permits, fact sheets, and 

other relevant information while developing this 

certification and examining the waters and watersheds designated in Oklahoma Water Quality Standards 

(OWQS) as High Quality Waters (HQW), Sensitive Public and Private Water Supply (SWS), and Areas with Waters of Recreatio

nal and/or Ecological Significance listed in Table 1 of Appendix B in OWQS (Appendix B waters). HQW and SWS waters and watersheds are listed in Appendix A 

of OWQS (July I, 20 II). HQW, SWS 

and Appendix B waters are prohibited from having new discharges or increased loading from existing discharges if they would lower existing water quality 

or i

nterfere with the waters' recreational and ecolo

gical 

significance (OAC 785:45-5-25, OAC 785:46- 13-4. OAC 785:46-1 3-6, and OAC 785:46-13-5). 

After careful consideration of the nature of discharges that 

will 

be covered under the proposed VGP and sVGP 

in HQW, 

SWS and 

Appendix B waters, we have 

determined that the incidences and frequency of dischar

ges from such vessels are low, the discharges are generally 

o

n-going, and the discharges are unlikely to lower water 

q

uality or interfere 

w ith maintaining recreational and ecological significance. Therefore, discharges may be Certified in HQW, SWS, and Appendix B waters with no conditions. 

We have also exami ned Outstanding 

Resource Waters (ORW). ORW are designated in Appendix A of OWQS (July I, 20 I I) and are listed in Attachment 1 as Tier 3 areas. 

Under OWQS, ORW are prohibited from having any new point source discharges of any pollutant 

or increased load of any pollutant from existing point source 

discharges (OAC 785:45-5-25 and OAC 785:46- 13-5). Therefore the Certification for the proposed VGP and sVGP in ORW is denied. 

707 tlORTH ROBINSON, 

P.O. BOX 1677, OKL~HOMA CITY, OKLAHOMA 73101 -1677 

printed on recycled paper with soy ink 

0 
discharger and how t

y 

p

y 

under the permit, this documentation must be submitted to DEQ for a determination that the discharge is eligible 

for coverage. This documentation and the DEQ determination shall be mainta ined with the other records 

required to be kept as specified under Part 4 of the VGP, Part 3 of the sVGP, and the Oklahoma Vessel and 

Motor Registration Act (63 O.S. 4035). These records shall be available upon request to State and Federal 

lnspectors. If a Notice of Intent (NOl) is required, a copy of the DEQ determination shall be submitted with the 

NO I. 

This Certification applies only to vessel discharges required to be permitted by the VGP and sYGP. Recreational 

vessels, even within ORW, are not affected by this Permit or Certification. 

The DEQ reserves the right to revoke or revise this Certification pending the issuance of a final permit. To 

comply with Oklahoma Water Quality Standards, the current conditions in the draft permit - other than those 

noted above - must remain as stringent as they exist in the draft EPA permit submitted to DEQ on December1 9, 

2012. 

The contact person regarding the eligibility determinations in the DEQ is: 

Dr. Elena Jigoulina 

Water Quality Division 

Oklahoma Department of Environmental Quality 

P.O. Box 1677 

Oklahoma City, OK 73101-1677 

( 405) 702-8200 

Elena.J igoulina@deq .ok.gov 

Sir;JQ ' k Dedchsweiler, P.E 

Watershed Planni ng and Storm Water Permitting 

Water Quality Division 

cc: Director, Oklahoma Department of Wildlife Conservation 

Director, U.S. Fish and Wildlife Service, Tulsa 

Derek Smithee, Water Quality Programs Division, Oklahoma Water Resources Board 

Brooks Tramell, Monitoring, Assessment and Wetlands Programs, Oklahoma Conservation 

Commission 

Claudia Hosch, EPA Region 6 

Tom Bates, Public Protection Unit Chief, Attorney Genera l of Oklahoma 
p

tributaries: Tyner Creek, Dennison Hollow, Peacheater Creek, Scraper Hollow, England Hollow, Green Creek, 

Shell Branch, and Evansville Creek; (4) Lee Creek - upstream from the 420 feet above mean sea level (msl) 

elevation to the Arkansas State Line, and the following tributaries: Webbers Creek and Briar Creek (Bear 

Creek); (5) Little Lee Creek and the following tributary: Jenkins Creek; (4) Mountain Fork River upstream of 

the 600 feet above (msl) elevation to the Arkansas State Line, and the following tributaries: Boktuklo Creek, 

Blue Creek, Big Eagle Creek, Little Eagle Creek, Cucumber Creek, Beech (Beach) Creek, Cow Creek, and 

Panther Creek. 

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