June 3, 2008

Daniel F. Seal, Water Quality Supervisor City of Frederick 111 Airport Drive East Frederick, Maryland 21701

Dear Mr. Seal:

The Maryland Department of the Environment, having reviewed the information in the application and having considered past comments by the Department of Natural Resources, Environmental Review Unit, conditionally approves the request to use copper sulfate for algae control in Fishing Creek Reservoir and Lake Linganore, located near Frederick, Frederick County, Maryland, and hereby issues Toxic Materials Permit TMP-08-206, subject to the following conditions.

Fishing Creek

The permittee’s copper treatment program shall not cause the concentration of dissolved copper in Fishing Creek to exceed 13 ug/l at the point of discharge from the reservoir.

Linganore Creek

The application of copper sulfate is limited to treatments along shorelines only. The permittee’s copper treatment program shall not cause the concentration of dissolved copper in Linganore Creek to exceed 13 ug/l at the point of discharge from the Lake Linganore and to exceed 13 ug/l for at least two thirds the width of the lake along the segment to which copper sulfate is applied.

Both Sites

1. You or another licensed professional applicator shall personally supervise the application of the copper sulfate.

2. Dead fish and/or vegetation must be removed from the reservoir and lake and disposed of on land in such a manner that will not create a nuisance.

3. You shall take all necessary measures to prevent any discharge from these impoundments to surface waters of the State for at least one week following application of the copper sulfate. If it is impossible to eliminate the discharge, theDaniel Seal Page 2

copper sulfate shall not be applied anywhere within 100 feet of the outlets. The copper sulfate shall not be applied when there is a greater than 50% or greater chance of rain in the local five-day weather forecast of the National Weather

Service.

4. This permit is valid for applications as needed of copper sulfate (to each impoundment) between June 3 and October 1, 2008.

5. At least 48 hours before the application date, the permittee shall notify the Water Management Administration's Inspection and Compliance program at 301-665- 2850 of the time and location of the application of copper sulfate.

6. If the permittee conducts a significant increase in the size of a specific treatment (greater than 25% increase in area treated or quantity of copper sulfate applied per treatment), then the permittee shall, in addition to the suggested monitoring schedule below, again conduct the initial five-day outlet monitoring on FishingCreek and five-day midpoint monitoring on Lake Linganore described in TMP05-227.

7. The permittee shall maintain a log of any observed or measured results and, if there are any excursions or adverse effects, the record shall include an explanation and description of measures to correct the problem. If the permittee is unable to modify subsequent application to prevent excursions, then the permittee shall cease further application of copper sulfate. The log shall be made available to Department personnel upon request.

This permit no longer requires that the permittee monitor to verify compliance. If the permittee chooses to monitor, the Department recommends the following protocol: For Fishing Creek, the permittee should obtain for the outlet of the reservoir two grab samples, one on the sixth and the other on the tenth workday following each application of copper sulfate. For Lake Linganore, the permittee should obtain from the centerline of the lake along the treatment area and from the outlet of the lake two grab samples, one on the sixth and the other on the tenth workday following each application of copper sulfate. Because the above concentration is so low, the persons assigned to conducting sampling should be thoroughly familiar with standard sampling quality control protocol, such as described in EPA Method 1669. Results reported as below detection will not be accepted unless the test method with the lowest method detection level in 40 CFR (currently EPA Method 220.2) is used. Alternatively, results reported using EPA Method 200.8 are also acceptable.

Because of the nature and purpose of a toxic materials permit, the Department does not regard test results for copper that are higher than the 13 ug/l to be a permit violation or subject to enforcement action. However, failure to propose substantive changes to prevent excursions in the next season or failure to comply with other conditions of this permit will be cause to deny a newDaniel Seal Page 3

permit.

If you have any questions concerning this matter, please call me at (410) 537-3323.

Sincerely,

Edward Gertler Industrial Discharge Permits Division Water Management Administration

cc: Ray Dintaman

Dennis Howard Tom Boone (re. Frederick County)