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, the 
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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 Fishing 

Creek 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 new 
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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)