Wisconsin

401 Conditional Certification

to the EPA Small Vessel General Permit BEFORE THE WISCONSIN DEPARTMENT

OF NATURAL RESOURCES Application

of the United States Environmental

) Protection Agency
for

a Clean Water Act Water

) Quality Certification

for Issuance

of
a National

) Pollutant Discharge Elimination System Small

) Vessel General Permit for Regulating Discharges) Incidental

to the Normal Operation

of
a Vessel

) On December

8, 2011, the US Environmental Protection Agency (EPA) requested

a water quality certification under Section 401 of the Federal Clean Water Act (33 U.S.C

. § 1341) for the proposed permit issuance

of the National Pollutant Discharge Elimination System (NPDES) Small Vessel General Permit (sVGP). The proposed general permit and the notice
of public hearing were published

in the Federal Register December

8, 2011 (76 FR
7 6, 716).
If the State grants the water quality certification,
EPA will be able to issue the sVGP and authorize discharges
into waters
of Wisconsin. EPA has requested

the certification

by June 30, 2012. The proposed sVGP

is applicable

to discharges incidental

to the normal operationofnonmi1itary and non-recreational vessels less than 79 feet in length that meet the applicability criteria. EPA has proposed

a separate next Vessel General Permit (VGP), which will not be addressed

in this 401 Certification. The Wisconsin Department ofNatural Resources (WDNR)
has reviewed EPA's proposed sVGP pursuant

to Section 401 of the Clean Water Act and ch. NR 299, Wis

. Adm

. Code. WDNR has made the determination

that inclusion

of the following conditions

in the EPA sVGP are required

to ensure compliance with state water quality standards enumerated

in s. NR 299

. 04, Wis. Adm. Code. Each of the conditions

in the proposed permit has been reviewed,
and based upon the review, WDNR has determined
that none of the conditions may be made less stringent without violating
the requirements

of Wisconsin
law, including water quality standards, found

in chs

. NR 102-106 and 207, Wis

. Adm

. Code

. STATE CONDITIONS
AND LIMITATIONS

OF CERTIFICATION The WDNR conditionally grants water quality certification

for the EPA sVGP subject

to compliance with the General Conditions
and Specific Conditions identified below, with

a citation

to state law or administrative
code
as the basis for

a more stringent condition than those contained

in the EPA sVGP:

1GENERALCONDITIONS:1.Activitiesnoteligibleforauthorizationunderthisstatewaterquality certificationinclude:(a)Fillsordepositionofmaterialinnavigablewaters(s.30.12,Wis.Stats.).(b)Activitieslikelytojeopardizethecontinuedexistenceofastatedesignatedthreatenedorendangeredspeciesoraspeciesproposedforsuchdesignation,orwhichislikelytodestroyoradverselymodifythehabitatofsuchspecies[s.29.604,Wis.Stats.;s.NR1.015(1)(a),Wis.Adm.Code].(c)Activitiesthatwouldresult,overall,inadverseimpactstofisheryspawninghabitatoradverselyaffectavifaunabreedingareasorsubstantiallydisruptthemovementofthosespecieswhichnormallymigratefromopenwatertouplandorviceversa(i.e.,amphibians,reptilesandmammals)[s.NR102.01(2),Wis.Adm.Code].(d)Activitiesdetrimentaltothepublicinterestinwatersofthestate[s.NR102.01(2),Wis.Adm.Code].2.IfWDNRdeterminesvesseldischargescoveredbythiscertificationcannolongercomplywiththeconditionssetinaccordancewithSection401oftheCleanWaterActortheapplicablestatestatutesandadministrativecodes,thenthiscertificationmayberevokedormodifiedafterappropriatepublicnotice[s.NR299.01(2)(a),Wis.Adm.Code].SPECIFICCONDITIONS:3.DischargesofgraywaterorsewageintoLakeMichigan,aNoDischargeZone,aresubjecttopenalties[s.29.601(3),Wis.Stats.].4.Allinstancesofnon-compliancewiththiscertificationmustbereportedtoWDNRimmediately[s.NR205.07(1)(s),Wis.Adm.Code].StateofWisconsinDepartmentofNaturalResourcesFortheSecretaryByKenJohnnAdministrator,WaterDivisionDateSigned2NOTICE
OF APPEAL RIGHTS If you believe that you have

a right
to challenge
this decision, you should know that Wisconsin Statutes and administrative
rules establish time periods within which requests to review Department decisions must be filed. To request

a contested case hearing pursuant

to section 227.42, Wis. Stats., you have 30 days after the decision

is public noticed,

or otherwise served by the Department,

to serve a petition
for hearing

on the Secretary

of the Department ofNatural Resources.
The petition
for hearing shall comply with the requirements

of chapter NR 2, Wis. Adm. Code, and section NR 299.05(5), Wis. Adm. Code. This determination becomes final in accordance with the provisions

of section NR 299.05(7), Wis. Adm. Code, and is judicially reviewable when final. For judicial review of
a decision pursuant

to sections 227.52 and 227.53, Wis. Stats., you have 30 days after the decision becomes final
to file your petition with the appropriate circuit court and to serve the petition

on the Secretary

of the Department ofNatural Resources.
The petition must name the Department ofNatural Resources

as the respondent. Reasonable accommodation, including

the provision

of informational material

in an alternative format, will be provided

for qualified individuals with disabilities, upon request.

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