Technical Services Section Bureau of Water 1000 SW

.Jackson St., Suite 420 Topeka, KS 66612-1367 Robert Moser, MD, Secretary March 26,2012 KarenA. Flournoy, Director Water, Wetlands, and Pesticides Division Department
of Health
& Environment U.S. Environmental Protection Agency, Region VII 901N.5th St. Kansas City, KS 66101

Phone

:785

.296

.5506 Fax: 785.296.0086 www.kdheks.gov/water/tech

.html Sam Brownback, Governor WWPD Rec'dMAR 2 82012 Re:Vessel General Permit (VGP) and Small Vessel Permit (SVGP) Section 401 Certification

-Kansas DearMs. Flournoy: As per your requestdated Dec 9, 2011, the Kansas Department
of Health and Environment (KDHE) has reviewed the referenced draft permits. As previously stated in ourcertification letter dated July 22, 2008, we require the following language regarding the state narrative water quality criteria orareference
tothe statenarrative water quality criteria tobe added asastate specific requirement: THEPERMIITEE SHALL NOT CAUSE OR CONTRIBUTE
TOA VIOLATION OFTHE FOLLOWING NARRATIVE KANSAS SURFACE WATER QUALITY STANDARDS [K.AR28-16-28E(B)]: (1) SURFACE WATERS SHALL BE FREE,ATALL TIMES, FROM THE HARMFUL EFFECTS OF SUBSTANCES THAT ORIGINATE FROM ARTIFICIAL SOURCES OF POLLUTION AND THAT PRODUCE ANY PUBLIC HEALTH HAZARD, NUISANCE CONDITION

,OR IMPAIRMENT
OFA DESIGNATED USE. (2) HAZARDOUS MATERIALS DERIVED FROM ARTIFICIAL SOURCES, INCLUDING TOXIC SUBSTANCES, RADIOACTIVE ISOTOPES, AND INFECTIOUS MICROORGANISMS DERIVED DIRECTLY OR INDIRECTLY FROM POINT OR NONPOINT SOURCES, SHALL NOT OCCUR IN SURFACE WATERS AT CONCENTRATIONS

OR IN COt.ffiiNATIONS THAT JEOPARDIZE THE PUBLIC HEALTH OR THE SURVIVAL OR WELL-BEING
OF LIVESTOCK, DOMESTIC ANIMALS, TERRESTRIAL WILDLIFE, OR AQUATIC OR SEMIAQUATIC LIFE. (3) SURFACE WATERS SHALL BEFREE OFALL DISCARDED SOLID MATERIALS, INCLUDING TRASH, GARBAGE, RUBBISH, OFFAL, GRASS CLIPPINGS, DISCARDED BUILDING OR CONSTRUCTION MATERIALS, CAR BODIES, TIRES, WIRE,AND OTHER UNWANTED OR DISCARDED MATERIALS. THE PLACEMENT
OF STONE AND CONCRETE RUBBLE FOR BANK STABILIZATION SHALL BE ACCEPTABLE TO THE DEPARThlENT,

IFALL OTHER REQUIRED PERMITS ARE OBTAINED BEFORE PLACEMENT. (4) SURFACE WATERS SHALL BEFREEOF FLOATING DEBRIS, SCUM, FOAM, FROTH, AND OTHER FLOATING MATERIALS DIRECTLY OR INDIRECTLY ATTRIBUTABLE

TO ARTIFICIAL SOURCES OF POLLUTION. (5) OIL AND GREASE FROM ARTIFICIAL SOURCES SHALL NOT CAUSE ANY VISIBLE FILM OR SHEEN TO FORM UPON THE SURFACE OFTHE WATER OR UPON SUBMERGED SUBSTRATE OR ADJOINING SHORELINES, NOR SHALL THESE MATERIALS CAUSE
A SLUDGE OR EMULSION TOBE DEPOSITED BENEATH THE SURFACE OF THE WATER OR UPON THE ADJOINING SHORELINES.( 6) SURF ACE WATERS SHALL BEFREE OF DEPOSITS OF SLUDGE OR FINE SOLIDS ATTRIBUTABLE

TO ARTIFICIAL SOURCES OF POLLUTION. (7) TASTE-PRODUCING
AND ODOR-PRODUCING SUBSTANCES
OF ARTIFICIAL ORIGIN SHALL NOT OCCUR IN SURFACE WATERS AT CONCENTRATIONS THAT INTERFERE WITHTHE PRODUCTION
OF POTABLE WATER BY CONVENTIONAL WATER TREATMENT PROCESSES, THAT IMPART AN UNPALATABLE FLAVOR TO EDIBLE AQUATIC OR SEMIAQUATIC LIFEOR TERRESTRIAL WILDLIFE, OR THAT RESULT IN NOTICEABLE ODORS INTHE VICINITY OF SURFACE WATERS. (8) THE NATURAL APPEARANCE
OF SURFACE WATERS SHALL NOT BEALTERED BY1HE ADDITION OF COLOR-PRODUCING

OR TURBIDITY-PRODUCING SUBSTANCES
OF ARTIFICIAL ORIGIN. Contingent uponthe inclusion of the above language into permits issued in Kansas,KDHE certifies both the Vessel General Permit and the Small Vessel General Permit asper§401 of the Clean WaterAct. If youhave questions, please
call oremail meat ywang@kdheks.gov

. Yan Wang, UnitS rvi

r Water Quality Standards Unit c-Mike Tate,KDHE Ed Dillinghan, KDHE Steve Adams, Kansas Department
of Wildlif
e,Parks and Tourism