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# Appendix C : Procedures Relating to Endangered Species
Protection Guidance and Worksheet

(Note that this is a REVISED VERSION of the guidance and worksheet originally submitted as Appendix E of the Multi

- Sector
General Permit attached to the Biological Evaluation).

References within the Appendix relate directly to the permit.

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Appendix E. Procedures Relating to Endangered Species Protection

E. 1 Assessing the Effects of Your Discharges and Discharge

- Related Activities

You must follow the procedures in this appendix to determine which of the eligibility
criterion in Part 1.1.4. 5 ( i.e., criterion A

- E ), if any, you qualify under, by assessing the potential effects of applicable stormwater discharges, discharge

- related activities, and allowable non

stormwater discharges on listed threatened and endangered species and their designated
critical habitat. In accordance with Part 5.2.6.1 of this perm it, you must keep any documentation that supports your eligibilty determination, including the completed Criterion Selection Worksheet in Part E.4 of this appendix, with your Stormwater Pollution Prevention Plan ( SWPPP ) . You must complete your eligibility determination prior to submitting your Notice of Intent ( NOI ) for coverage under the MSGP, and must provide all information as required on your NOI form that supports the ESA eligibility criterion you qualify under. (N ote that if you have determined that you may be eligib le under c riterion C, you must submit a completed Criterion C Eligibility Form to EPA a minimum of 30 days prior to submitting your NOI for permit coverage).

When evaluating the potential effects of your activities, you must consider effects to listed species or critical habitats within the “action area” of your industrial activity. Action area is defined in Appendix A of the MSGP as all areas to be affected directl y or indirectly by the federal action and not merely the immediate area involved in the action. This includes areas beyond the footprint of the facility that are likely to be affected by stormwater discharges, discharge

- related activities, and allowable no n

- stormwater discharges. For example, discharges of pollutants into downstream areas can increase the “action area” beyond the footprint of the facility.

E.2 Eligibility Criterion

As required by Part 1.1.4. 5 , y ou must meet one or more of the following fi ve criteria (A

- E) to be eligible for coverage under the permit:

Criterion A. No federally

- listed threatened or endangered species or their designated critical habitat(s) are likely to occur in the “action area” as defined in Appendix A. To certify your eligibility under this criterion, you must use the Criterion Selection
Worksheet in Part E.4 of Appendix E . You must also provide a description of the basis for the criterion you selected on your NOI form and provide documentation supporting your eligibil ity determination in your SWPPP.

Criterion B. Your industrial activity’s discharges and discharge

- related activities were already addressed in another operator’s valid certification of eligibility for your action area under this permit and there is no reas on to believe that federally

- listed species or federally

- designated critical habitat not considered in the prior certification may be present or located in the “action area” (e.g., due to a new species listing or critical habitat designation). To certify your eligibility under this

c riterion, there must be no lapse of NPDES permit coverage in the other operator’s certification. You must also comply with any terms and conditions imposed under the other operator's valid certification of eligibility to ensure that your discharges and discharge

- related activities are protective of listed species and/or critical habitat. To certify your eligibilit y under this criterion, you must use
the Criterion Selection Worksheet in Part E.4 of Appendix E . You must include in your NOI the NPDES ID (i.e., permit tracking number) assigned to the other operator’s authorization under this permit, and a description o f the basis for the criterion selected on your NOI form, including the eligibility criterion selected by the other operator’s certification. You must also provide any documentation in your SWPPP that supports the other operator’s eligibility determination, as well as

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any terms and conditions that applied to the other operator’s eligibility
determination

.
Criterion C. Federally

- listed threatened or endangered species or their designated critical habitat(s) are likely to occur in or near your facility’s “ac tion area,” and your
industrial activity’s discharges and discharge

- related activities are not likely to adversely affect listed threatened or endangered species or critical habitat. To certify your eligibility under this criterion, you must use the Crite rion Selection
Worksheet in Part E.4 of Appendix E , including completion of the Criterion C Eligibility Form

. At least 30 days prior to filing your NOI for permit coverage, you
must submit to EPA a completed Criterion C Eligibility F orm . After evaluation of

your Criterion C Eligibility Form , EPA may require additional controls that you must implement to avoid or eliminate adverse effects on listed species and critical habitat from discharges and discharge

- related activities. You may subm it your NOI for permit coverage 30 days after submitting your completed Criterion C Eligibility F orm . You must also provide a description of the basis for the criterion you selected on your NOI form and provide documentation supporting your eligibility det ermination in your SWPPP.

Criterion D. Consultation between a Federal Agency and the U.S. Fish and Wildlife Service
and/or the National Marine Fisheries Service under section 7 of the Endangered Species Act ( ESA ) has been concluded. Consultations can be either formal or informal, and would have occurred only as a result of a separate federal action (e.g., during application for an individual wastewater discharge permit or the issuance of a wetlands dredge and fill permit), and consultation must have addressed the effects of the industrial activity’s discharges and discharge

- related activities on all federally

- listed threatened or endangered species and all federally

- designated critical habitat. The result of this c onsultation must be either:

i. A biological opinion that concludes that the action in question (taking into account the effects of your facility’s discharges and discharge

- related activities) is not likely to jeopardize the continued existence of listed speci es, nor the destruction or adverse modification of critical habitat; or

ii. Written concurrence from the applicable Service(s) with a finding that your facility’s discharges and discharge

- related activities are not likely to adversely affect federally

- listed s pecies or federally

- designated critical habitat.

To certify your eligibility under this criterion, you must use the Criterion Selection

W orksheet in Part E.4 of Appendix E

. You must verify that the consultation remains
valid , in accordance with 50 CFR §40 2.16. If reinitiation of consultation is required, in order to be eligible under this c riterion you must conclude the reinitiated consultation and the result of the consultation must be consistent with (i) or (ii)

above

. If eligible, you must also provide supporting documentation for your determination in your NOI and SWPPP, including the Biological Opinion (or PCTS tracking number) or concurrence letter.

Criterion E. Your industrial activities are authorized through the issuance of a permit under
section 10 of the Endangered Species Act ( ESA ) , and this authorization addresses
the effects of your facility’s discharges and discharge

- related activities on federally

- listed species and federally

- designated critical habitat. To certify your eligibility under this criterion, you must use the Criterion Selection W orksheet in Part E.4 of Appendix E . You mu st also provide supporting documentation for your

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determination in your NOI and SWPPP, including a copy of the permit from the
Services.

E. 3 Eligibility Compliance

You must comply with any applicable terms, conditions, or other requirements developed in th e process of meeting the eligibility criteria in this section for the duration of your coverage under
the MSGP in order to maintain your eligibility for coverage under the permit. Documentation of these requirements must be kept as part of your SWPPP (see Part 5.2.6.1).



### E.4 Criterion Selection Worksheet

Instructions:

You must follow the step

- by

- step instructions in this worksheet in order to determine your eligibility
under the Part 1.1.4. 5 criteria. Alternatively, i f you prefer to use a Biological Evaluation (or its equivalent) in making a determination of your eligibility, you should ensure all of the information requested below for the criterion you are selecting is fully addressed in such a document. You must

atta ch this completed document or Biological Evaluation (or equivalent) to your SWPPP to support your Part 1.1.4. 5 eligibility determination.

You may need the following information in order to determine your eligibility :
1) Your facility’s draft Stormwater Pol lution Prevention Plan (SWPPP), including information on receiving waters

. 2) Any additional site

- specific information related to your facility’s discharges and discharge

related activities.

3) The list(s) of endangered and threatened species and any designated critical habitat in your action area, as acquired from the Fish and Wildlife Service and/or the National Marine Fisheries Services. Directions on how to acquire species lists is described in a subsequent
section below.

Note that much of the inf ormation needed to complete this worksheet you will also need in order to prepare your NOI for permit coverage, and is also information that you must develop as part of your SWPPP. Any information that is already required and completed in your SWPPP you m ay copy and paste into this worksheet. ( You may also decide to make minor changes or additions to your SWPPP while filling out the worksheet for clarification purposes or to address any concerns that are identified below.)



### STEP 1: DETERMINE IF THE ELI GIBILITY REQUIREMENT S OF CRITERION B, D, OR E CAN BE MET.

You should first determine whether you are eligible under criterion B (because another operator has accounted for your action area in their valid c ertification of eligibility )

, criterion D (because of a previously completed ESA section 7 consultation), or criterion E (because of a previously issued ESA

s ection 10 permit).

If your facility i s likely to be eligible under criterion B, D or E, you may skip ahead to the applicable criterion’s requirements to determine if you are eligible. If after completing the relevant section you find that your facility does not in fact meet c riteria B, D, or E (e.g., due to difference in action area described, lack of analysis of appropriate effects, new listings or designation of critical habitat), proceed to Step 2 below.

If your facility is not likely to be eligible under criterion B, D or E, you may proceed directly to Step 2

.

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Criterion B Eligibility Requirements

If your industrial activities were already addressed in another operator’s valid certification of eligibility under the current 201 4 MSGP, you may be eligible for coverage under criterion B. In order to be eligible for coverage under criterion B, you must confirm that all the following are true:

You have c onfirmed that the other operator’s certification of eligibility accounted for your action area and that the eligibility determination was valid

. There has been no lapse of NPDES p ermit coverage in the other operator’s certification.

You will comply with all terms and conditions imposed under the other operator’s valid certification of eligibility. List any terms and conditions here (or enter “N/A” if none exist):

- If all of the above are true, you may select criterion B on your NOI. You must include in your NOI the NPDES ID from the other operator’s notification of authorization under this permit, and a description of the basis for the criterion selected on your NOI form, in cluding the eligibility criterion selected by the other operator’s certification. You must include this completed worksheet in your SWPPP.

- If any of the above are not true, you may not select criterion B and must proceed to Step 2

. For example, if there are any listed species in your action area that were not addressed in the other operator’s certification, you are not eligible under criterion B.

Criterion D Eligibility Requirements

If consultation under section 7 of the ESA has been concluded, you may be eligible for coverage
under c riterion D. In order to be eligible or coverage under c riterion D, you must confirm that all the following are true:

A consultation between a f ederal a gency and the U.S. Fish and Wildlife Service and/or the
National Marine Fisheries Service under section 7 of the ESA has been concluded. Consultations can
be either formal or inf ormal, and would have occurred only as a result of a separate federal action (e.g., during application for an individual wastewater discharge permit or the issuance of a wetlands dredge and fill permit), and the consultation must have addressed the effects of your industrial activity’s discharges and discharge

- related activities on all federally

- listed threatened or endangered species and all federally

- designated critical habitat in your action area. The result of
this consultation must be either:

i. A biologi cal opinion that concludes that the action in question (taking into account the effects of your facility’s discharges and discharge

- related activities) is not likely to jeopardize the continued existence of listed species, nor the destruction or adverse mo dification of critical habitat. The biological opinion must have included the effects of your facility’s discharges 1 and discharge

- related activities on all the listed species and designated critica l habitat in your action area ; or

1 Effects of discharge includes, but is not limited to, the analysis of the hydrological, chemical, and biological effects of the discharge on listed species, their prey, and their habitat, as well as critical habitat, where designated. For example,
the ef fects analysis would have evaluated whether the various pollutants in the discharge (e.g., TSS, metals) would adversely affect listed species through exposure to the pollutants, or to their prey or habitat. Effects that look only at
short

- term effects unr elated to the stormwater discharge effects to listed species are not sufficient for these purposes.

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ii. Written concurrence (e.g ., letter of concurrence) from the applicable Service(s) with a finding that concludes that your facility’s discharges and discharge

- related activities are not likely to adversely affect listed species or designated critical habitat. The concurrence
letter must have included the effects of your facility’s discharges and discharge

- related activities on all the listed species and designated critical habitat on your species list(s) acquired from the Service(s) as part of this worksheet.

The consultation remains valid, in accordance with 50 CFR §402.16; or, if reinitiation of consultation is required (e.g., due to a new species listing or critical habitat designation; new

information ), you have concluded the reinitiated consultation and the result of the consultation is consistent with the statements above. Attach a copy of any reinitiation documentation from the Services or other consulting federal agency.

- If all of the above are true, you may select criterion D on your NOI. You must also p rovide a description of the basis for the criterion selected on your NOI form and y ou must include this completed worksheet in your SWPPP. I n both your SWPPP and NOI you m ust also provide the Biological Opinion (or PCTS tracking number) or concurrence letter and any other documentation supporting your eligibility determination.

- If any of the above are not true, you may not select criterion D and must proceed to Step 2

. For example, if the biological opinion or written concurrence did not include the effects of the discharge or discharge

- related activities as described above (e.g., the previous consultation covered some but not all of the species or critical habitat in your action area as shown on your species list), or if the consultation is no longer valid (e.g., due to new species listings), you are not eligible under c riterion D.

Criterion E Eligibility Requirements

If your industrial activitie s are authorized through the issuance of a permit under section 10 of the ESA, and this authorization addresses the effects of your facility’s discharges and discharge

- related activities on federally

- listed species and federally

- designated critical habitat in your action area

, you may be eligible for coverage under criterion E. In order to be eligib le or coverage under

c riterion E , you must confirm that the following is true :
A permit has been issued under section 10 of the ESA. The permit authorization specifically
addresses the effects of your facility’s discharges and discharge

- related activities (if applicable) o n all federally

- listed species and designated critical habitat in your action area

.

- If the above is true, you may select criterion E on your NOI. You must also p rovide a description
of the basis for the criterion selected on your NOI form and must includ e this completed worksheet in your SWPPP. In both your SWPPP and your NOI you must provide a copy of the
section 10 permit issued by the Services

.

- If the above is not true, you may not select criterion E and must proceed to Step 2

. For example,

i f a permit has been issued under section 10 of the ESA, but the permit authorization did not
address the effects of your facility’s discharges and/or discharge

- related activities on all federally

- listed species and designated critical habitat in your action area , you are not eligible under criterion E, but you should attach a copy of the permit to the SWPPP for reference.



### STEP 2 : DETERMINE THE EXTENT OF YOUR ACTION AREA

You must determine whether species listed as either threatened or endangered, or their critical habitat(s) (see definitions of these terms in Appendix A), are located in your facility’s action area (i.e., all areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action, including areas beyond the footprint of the facility that are likely to be affected by stormwater discharges, discharge

- related activities, and allowable non

stormwater discharges). Consider the following i n determining the action area for your facility:

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• Discharges of pollutants into downstream areas can expand the action area well beyond the footprint of your facility and the discharge point(s). Take into account the controls you will be implementing to minimize pollutants and the receiving waterbody char acteristics (e.g., perennial, intermittent, ephemeral) in determining the extent of physical, chemical, and/or biotic effects of the discharges. All receiving waterbodies that could receive pollutants from your facility must be included in your action area

.

• Discharge

- related activities must also be accounted for in determining your action area. Discharge

- related activities are any activities that cause, contribute to, or result in
stormwater and allowable non

- stormwater point source discharges, and measure s such as the siting, construction, and operation of stormwater controls to control, reduce, or prevent pollutants from being discharged. For example, any new or modified stormwater controls that will have noise or other similar effects, and any disturbanc es associated with
construction of controls

, are part of your action area.

If you have any questions about determining the extent of your action area, you may choose to
contact EPA or the Services for assistance.

You must describe the action area of your facility in Attachment 1 of this a ppendix

. You must proceed to Step 3 below.



### STEP 3: DETERMINE IF LISTED THREATENED OR ENDANG ERED SPECIES AND /OR CRITICAL

HAB ITAT ARE PRESENT IN YOUR ACTION AREA.

You must determine whether species listed as either threatened or endangered under the Endangered Species Act (ESA), and/ or their designated critical habitat(s) 2 , are located in your facility’s action area. Federally

- listed species and designated critical habitat are under the purview of the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) (together, “Services”), and in many cases, species and critical habitat lists will n eed to be acquired from both
Services.

• For NMFS species and critical habitat information, use the following webpages, which provide

up

- to

- date information on listed species ( http://www.nmfs.noaa.gov/ pr/species/esa/ ) and
critical habitat ( http://www.nmfs.noaa.gov/pr/species/criticalhabitat.htm ) . To determine the field office that corresponds to your facility, go to http://www.nmfs.noaa.gov/ (under the left tab for “Regions”). For NMFS species in the Greater Atlantic Region, go

to http://www.nero.noaa.gov/protected/section7/guidence/maps/index.html

.

• For FWS species information, use the on

- line mapping tool IPAC (the Information, Planning, and Consultation System ) located at http://ecos.fws.g ov/ipac/ , and follow these steps:

o Select Initial Project Scoping

.

o Use the Map feature to define your project location. (Using the state/county list may result in more species being listed than you need to consider for your project.)

o Zoom into your locatio n or choose the “Find a Place” search to locate your site.

o Use the zoom feature to see the entire extent of your action area on the screen.

o Use the draw feature (represented by the pencil icon) to draw your action area as a polygon

.

 For the aquatic portion of your action area, trace the waterbody(ies) with the tool to characterize your action area. ( A large/broad circle may include more species than would be present with better definition of your action area.)

2 See definitions of these terms in Appendix A of the MSGP.

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Note: For existing dischargers that have previous ly obtained coverage under c riterion A, you must verify whether listed species and/or
critical habitat are expected to exist in your action area, as described
above. Please note that if you now find that your action area overlaps with listed species or critical
habi tat, you must proceed

to Step 4

.  If your proposal wil include any upland activities ( i.e. , discharge

- related activities), or if there is some aspect of your discharge that would potentially result in effects to terrestrial species, include the corresponding upland areas within your action

area.

 When you are done, press Continu e

.

o Select “Water Quality Modification” under the project type and continue.

o Follow the link to acquire an Official Species List, which should show both listed species as well as any designated critical habitat that are present in the action area polygon in the previous step

. Note: If a link to an Official Species List is not available on the page, follow the web link of the office(s) indicated, or contact the office directly by mail or phone if a

web link is not shown.

The principle authority for critic al habitat designations and associated requirementsis found at 50
CFR Parts 17 and 226. http://www.access.gpo.gov

. Attach a copy of the species and critical habitat list(s) from the Service(s) to Attachment 2 of this appendix and use the list(s) to complete the rest of this worksheet. For FWS species, include the full printout from your IPAC query, including the map, in Attachment 2.

If after following the steps you have determined that there are no listed species and/or designated critical habitat in your action area, you may be eligible for coverage under criterion A

. If you have determined that there are or may be listed species and/or designated critical habitat in your action area, you are not eligible under criterion A and must proceed to Step 4 below.

Criterion A Eligibility Requirements

In order to be eligible f or coverage under c riterion A, you must confirm that the following is true :

I have confirmed there to be no listed species and no critical habitat in my action area.

- If the above is true, you may select criterion A on your NOI form. You must also p rovide a description of the basis for the criterion
selected on your NOI form. You must include this completed worksheet in your SWPPP.

- If the above is not true, you may not select criterion A and must proceed to Step 4 to determine if you can become eligible
under criterion C.



### STEP 4: DETERMINE IF YOUR INDUSTRIAL FACILITY’S DISCHARGES OR DISCHARGE

- RELATED
ACTIVITIES ARE LIKELY TO ADVERSELY AFFECT LISTED THREATENED OR
ENDANGERED SPECIES OR DESIGNATED CRITICAL HABITAT AND ANY MEASURES
THAT MUST BE IMPLEMENTED TO AVOID ADVERSE EFFECTS

If in Step 3 you determine d that listed species and/or designated critical habitat could exist in your action area, you must next assess whether your discharges and discharge

- related activi ties are likely to adversely affect listed threatened or endangered species or designated critical habitat, and whether any additional controls are necessary to ensure no likely adverse affects. In order to make a determination of your facility’s likelihoo d of adverse affects, you must complete the
attached C riterion C Eligibility Form and must submit this form to EPA a minimum of 30 days prior to filing your NOI for permit coverage. After you submit your Criterion C Eligibility Form , you may be

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contacted by EPA with additional measures or controls that yo u must implement in order to ensure your eligibililty under c riterion C.

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2014 MSGP Criterion C Eligibility Form Page 1 

# Criterion C Eligibility Form

Instructions:

In order to be eligible for coverage under c riterion C, you must complete the following form
and you must it to EPA following the instructions in Section IV a minimum of 30 days prior to filing your NOI for permit coverage . This determination may require the implementation of additional controls or modifications to your discharge

- related activities. After you submit your
form , you may be contacted by EPA with additional requirements that you must implement in order to ensure your eligibility under c riterion C. If after completing this worksheet you cannot make a determination that your discharges and discharge

- related activit ies are not likely to adversely affect listed threatened or endangered species or designated critical habitat, you must submit this completed worksheet to EPA , but you may not file your NOI for permit

coverage until you receive a determination from EPA th at your discharges and/or discharge

related activities are not likely to adversely affect affect listed species and critical habitat.

Note: Much of the information needed for this from you can gather from your draft SWPPP and will be needed when you file your NOI.



### SECTION I. FACILITY AND SITE LOCATION INFORMATION.

1) Facility Information

a) Facility Name: _____________________________________________

b) Check which of the following applies:

I am seeking coverage under the MSGP as a new discharger

I am seeking coverage under the MSGP as an existing dischar ger and my facility has
modifications to its discharge characteristics (e.g., changes in discharge flow or area drained, different pollutants) and/or discharge

- related activ ities (e.g., stormwater

controls )

Indicate the number of years the facility has bee n in operation:

_________ years
Provide your NPDES ID (i.e., permit tracking number) from your previous MSGP

coverage: ________________

I am seeking coverage under the MSGP as an existing discharge r and there are no modifications to my facility

. Indicate the number of year the facility has been in operation: _________ years

Pro vide your NPDES ID (i.e., permit tracking number) from your previous MSGP

coverage: ________________
c) Facility Address:

Address 1: ___________________________________________________________

Address 2:

___________________________________________________________

City: _________________________ State: ________ Zip Code: ______________________

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2014 MSGP Criterion C Eligibility Form Page 2 Note: For the purposes of this permit, “terrestrial species” would not include animal or plant species that 1) spends any portion of its life cycle in a waterbody or wetland, or 2) if

an anima l , depends on prey or habitat that occurs in a waterbody or wetland. For example, shorebirds, wading birds, amphibians, and certain r eptiles would not be considered terrestrial species under this
definition. Please also be aware that some terrestrial animals (e.g., certain insects, amphibians) may have an aquatic egg o r larval/juvenile phase. d) Identify the primary industrial sector to be covered under the 201 4 MSGP:

SIC Code ______ or Primary Activity Code _____

Sector _______ and Subsector ________

e) Identify the sectors of any co

- located activities to be covered under the 201 4 MSGP:

Sector _______ Subsector

_______ Sector _______ Subsector

_______ Sector _______ Subsector

_______ Sector _______ Subsect or

_______ Sector _______ Subsector

_______ Sector _______ Subsector

_______ f) Estimated area of industrial activity exposed to stormwater: __________________ acres

g) Provide a general description of the industrial activities that are taking place at this facility:

2) Receiving Waters Information



### SECTION II. ACTION AREA

Ensure that your action area is described in Attachment 1 , as required in Step 2

.



### SECTION III. LISTED SPECIES AND CRITICAL HABITAT LIST

Ensure that the listed species and critic al habitat list is
included in Attachment 2 , as required in Step 3

.

List all the stormwater outfalls from your facility. For each outfall, provide the following receiving water
information:

Outfall ID Design Capacity

(if known) Latitude

(decimal degrees ) Longitude

(decima l degrees ) Name of the receiving water that
receives stormwater from the
outfall and/or from the MS4 that the outfall discharges to Type of Waterbody (e.g., lake, pond, river/stream/creek,
estuarine/marine water)



### _ _ _ . _ _ _ _ _ _ _ . _ _ _ _

_ _ _ . _ _ _ _ _ _ _ . _ _ _ _

_ _ _ . _ _ _ _ _ _ _ . _ _ _ _

_ _ _ . _ _ _ _ _ _ _ . _ _ _ _

_ _ _ . _ _ _ _ _ _ _ . _ _ _ _

### 2015 MSGP Biological Opinion C

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2014 MSGP Criterion C Eligibility Form Page 3 Review your species list in Attachment 2, choose one of the following three statements

, and follow the corresponding instructions:

The species list includes only terrestrial species and/or their designated critical habitat. No aquatic or aquatic

- dependent species or their critical habitat are present in th e action area. You may skip to Section IV of this form . Y ou are not required to fill out Section V

. The species list includes only aquatic and/or aquatic

- dependent species and/or their designated critical habitat. No terrestrial species or their critical habitat are present in the action

area. You may skip to Section V of this form and are not required to fill out Section IV

. The species list includes both terre strial and aquatic or aquatic

- dependent species and/or their designated critical habitat. You must fill out both Section s IV and V of this form

. 

### SECTION IV. EVALUATION OF DISCHARGE

- RELATED ACTIVITIES EFFECTS

Note: You are only required to fill out this section if your facility’s action area contains terrestrial species and/or their designated critical habitat. If your action area only contains aquatic and/or aquatic

dependent species and/or their designated critical habitat, you can skip directly to Section V

. Most of the potential effects related to coverage under the MSGP are assumed to occur to aquatic and/or aquatic

- dependent species. However, in some cases, p otential effects to terrestrial species
and/or their critical habitat should be considered as well from any discharge

- related activities that occur during coverage under the MSGP. Examples of discharge

- related activities that could have potential effects o n listed terrestrial species or their critical habitat include the storage of materials and land disturbances associated with stormwater management

- related activities (e.g., the installation or placement of stormwater control measures).

a. Select the applicable statement(s) below and follow the corresponding instructions :
There are no discharge

- related activities that are planned to occur during my coverage under
the MSGP. You can conclude that your discharge

- related activities will have no likely adverse effects, and:

- If there are any aquatic or aquatic

- dependent species and/or their critical habitat in your action area, you must skip to Section V

, Evaluation of Discharge Effects

, below.

- If there are no aquatic or aquatic

- dependent species you may skip to Section VI and verify that your activities will have no likely adverse affects. You must submit this form to EPA as specified

in Section VII of this form . You may select c riterion C on your NOI form and may submit your NOI for permit coverage 30 days after you have submitted this Criterion C Eligibility F orm . You must also provide a description of the basis for the criterion you selected on your NOI form, including the species and critical habitat list(s) in your action area , as well as any other documentation supporting your eligibility. You must also includ e this completed Criterion C Eligiblity Form in your
SWPPP.

There are discharge

- related activities planned as part of the proposal. Describe your discharge

related activities in the following box and continue to ( b ) below.

Describe discharge

- related activities:

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- 4

2014 MSGP Criterion C Eligibility Form Page 4 b. In order to ensure any discharge

- related activities will have no likely adverse affects on listed species and /or their designated critical habitat, you must certify that all the following are true:

Discharge

- related activities will occur:

• on previously cleared/developed areas of the site w here maintenance and operation of the facility are currently occurring or where existing conditions of the area(s) in which the discharge

- related activities will occur precludes its use by listed species (e.g., work on existing impervious surfaces, work oc curring inside buildings, area is not used by species),

and

• if discharge

- related activities will include the establishment of structures (including

, but not
limited

, to infiltration ponds and other controls) or any related disturbances, these structures

an d/or disturbances will be sited in areas that will not result in isolation or degradation of nesting, breeding, or foraging habitat or other habitat functions for listed animal species (or their designated critical habitat), and will avoid the destruction of native vegetation (including listed plant species).

If vegetation removal (e.g., brush clearing) or other similar activities will occur, no terrestrial listed species that use these a reas for habitat would be expected to be present during vegetation
removal.

- If all the above are true, you can conclude that your discharge

- related activities will have no likely adverse affects, and:

- If there are any aquatic or aquatic

- dependent species and/or critical habitat in your action

a rea, you must skip to Section V

, Evaluation of Discharge Effects

, below.

- If there are no aquatic or aquatic

- dependent species you may skip to Section V I and verify that your activities will have no likely adverse affects. You must submit this form to EPA as specified in Section VII of this form . You may select c riterion C on your NOI and may submit your NOI for permit coverage 30 days after you have submitted this completed form . You must also provide a description of the basis for the criterion you selected on your NOI form, including the species and critical habitat list(s) , and any other d ocumentation supporting your eligibility. You must also include this completed Criterion C Eligibility Form in your SWPPP.

- If any of the above are not true

, you cannot conclude that your discharge

- related activities will have no likely adverse affects

. Y ou must complete the rest of this form (if applicable), and must

submit the form to EPA for assistance in determining your eligibility for coverage.



### SECTION V

. EVALUATION OF DISCHARGE EFFECTS

Note: You are only required to fill out this section if your facility’s action area includes aquatic and/or aquatic

- dependent species and/or their critical habitat.

In this section, you will evaluate the likelihood of adverse effects from your facility’s discharges. The scope of effects to consider will vary with ea ch facility and species/critical habitat characteristics. The following are examples of discharge effects you should consider:

### 2015 MSGP Biological Opinion C

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2014 MSGP Criterion C Eligibility Form Page 5 • Hydrological Effects. Stormwater discharges may adversely affect receiving waters from pollutant parameters such as turbidity, temperature, salinity, or pH. These effects will vary with the amount of stormwater discharged and the volume and condition of the receiving water. Where a stormwater discharge constitutes a minute portion of the total volume of the receiving water, adver se hydrological effects are less likely.

• Toxicity of Pollutants. Pollutants in stormwater may have toxic effects on listed species and

may adversely affect critical habitat. Exceedances of benchmarks, effluent limitation guidelines, or state or t ribal wat er quality requirements may be indicative of potential adverse affects on listed species or critical habitat. However, some listed species may be adversely affected at pollutant concentrations below benchmarks, effluent limitation guidelines, and s tate or t ribal w ater q uality standards. In addition, stormwater pollutants
identified in Part 5.2.3.2 of your SWPPP, but not monitored as benchmarks or effluent limitation guidelines, may also adversely affect listed species and critical habitat.

As these effects are difficult to analyze for listed species, their prey, habitat, and designated critical habitat, this form helps you to analyze your discharges and make a determination of whether your discharges will have likely adverse affects and whet her there are any additional controls you can implement to ensure no likely adverse affects.

A. Evaluation of Pollutants and Controls to Avoid Adverse Affects. In this section, you must document all of your pollutant sources and pollutants expected to be discharged in stormwater. You must also document the controls you will implement to avoid adverse affects on listed aquatic and aquatic

- dependent species. You must include specific details about the expected effectiveness of the controls and your determ ination of whether the pollutants will be controlled to avoid adverse affects to the listed aquatic

- and aquatic

- dependent species identified in Step 2

.

Potential Pollutant Source Potential Pollutants Controls to Avoid Adverse Affects on Listed Aquatic and Aquatic

- Dependent Species. Include a detailed analysis of why the control(s) will ensure no adverse affects, including any data you have about the effectiveness of the control in reducing pollutant co ncentrations. You may also attach photos of your controls to this form

.

e.g., vehicle and equipment fueling e.g.,

• Oil & grease

• Diesel

• Gasoline

• TSS

• Antifreeze e.g.,

• Fueling operators (including the transfer of fuel from tank trucks) will be conducted on an impervious or contained pad or under cover

• Drip pans will be used where leaks or spills of fuel can occur and where making and breaking hose
connections

• Spill kit will be kept on

- site in close pro ximity to potential spill areas

• Any spills will be clean ed

- up immediately using dry clean up methods

• Stormwater runoff will be diverted around fueling areas using diversion dikes and curbing

### 2015 MSGP Biological Opinion C

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2014 MSGP Criterion C Eligibility Form Page 6 Check if you are not able to make a preliminary determination that any of your pollutants will be controlled to a level necessary to avoid adverse affects on aquatic and/or aquatic

- dependent list ed species and their designated critical habitat. You must check in Section VI that you are unable to make a determination of no likely adverse affects, and must complete the rest of the form . You must submit your completed form to EPA for assistance in determining your eligibility for coverage.

### 2015 MSGP Biological Opinion C

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2014 MSGP Criterion C Eligibility Form Page 7 B . Analysis of Effects Based on Past Monitoring Data. Select which of the following applies to your facility:

I have no previous monitoring data for my facility because there are no applicable monitoring requirements for my facility’s sector(s).

I have no previous monitoring data for my facility because I am a new discharger, but I am subject to monitoring under the 201 4 MSGP. You must provide information to support a conclusion that your faci lity’s discharges are not expected to result in benchmark or numeric effluent limit exceedances that will adversely affect listed species or their critical habitat:

My facility has n ot had any exceedances under the 2008 MSGP of any required benchmark(s) or numeric

effluent limits.

My facility has had exceedances of one or more benchmark(s) or numeric efflu ent limits under the 2008 MSGP, but I have addressed them during my coverage under the 2008 MSGP, or in my evaluation of controls
to avoid adverse affects in ( A ) above. Describe all actions (including specific controls) that you will implement to ensure th at the pollutants in your discharge(s) will not result in adverse affects from future

exceedances.

Check if your facility has had exceedances of one or more benchmarks or numeric effluent limits under the 2008 MSGP and you have not been able to address them to avoid adverse affects from future exceedances, or if you are a new discharger but you are not sure if you can avoid adverse affects from possible exceedances. You must check in Section VI that you are unable to make a determination of no likely adverse affects. You must submit your completed form to EPA for assistance in determining your eligibility for coverage. You may not file your NOI for permit coverage until you are able to make a determination that your discharges will avoid a dverse affects on listed species and designated critical
habitat.



### SECTION VI VERIFICATION OF PRELIMINARY EFFECTS DETERMINATION

Based on Steps I

– V of this form , you must verify your preliminary determination of effects on listed species and designated cr itical habitat from your discharges and/or discharge

- related activities :

Following the applicable Steps in I

– V above, I have made a preliminary determination that my discharges and/or discharge

- related activities are not likely to adversely affect listed species and designated critical
habitats.

Following the applicable Steps in I

– V above, I am not able to make a preliminary determination that my discharges and/or discharge

- related activit ies are not likely to adversely affect listed species and designated
critical habitats.



### SECTION VII CRITERION C ELIGIBILITY FORM SUBMISSION INSTRUCTIONS

Y ou must submit this completed form to EPA, including any attachments and any additional information that demonstrates how you will avoid or eliminate adverse effects to listed species or critical habitat ( e.g., specific controls you will implement to avoid or eliminate adverse effects). Any missing or incomplete information m ay result in a delay o f your coverage under the permit

. If you have made a preliminary determination that your discharges and/or discharge

- related
activities are not likely to adversely affect listed species and critical habitat, this form must be
submit ted a minimum of 30 days prior to submitting your NOI for permit coverage under criterion

### 2015 MSGP Biological Opinion C

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2014 MSGP Criterion C Eligibility Form Page 8 C. Please note that during either the 30

- day Criterion C Eligibility Form review period prior to your
NOI submission , or within 30 days after your NOI submission and before you have been
authorized for permit coverage , EPA may advise you that additional information is needed, or
that there are additional controls you must implement to avoid likely adverse effects.

If you are unable to make a preliminary determination t hat your discharges and/or discharge

related activities will not likely affect listed species and critical habitat, this worksheet must be submitted to EPA, but you may not file your NOI for permit coverage until you have received a
determination from EPA that your discharges and/or discharge

- related activities will not likely affect listed species and critical habitat.

### 2015 MSGP Biological Opinion C

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MSGP Appendix E Attachment 1 Attachment 1

Describe your facility’s action area, as required in Step 2 :

### 2015 MSGP Biological Opinion C

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MSGP Appendix E Attachment 2 Attachment 2

List or attach the listed species and critical habitat in your action area on this sheet , as required

in Step 3

. For FWS species, include the full printout from your IPAC query, including the map, in
Attachment 2.