Ms. Deborah G. Nagle 

Director, EPA Office of Wastewater Management 

Water Permits Division 

Mail Code 401 M 

1200 Pennsylvania Ave., N.W. 

Washington, DC 20460 

Dear Ms. Nagle: 

UNITED STATES DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric Administration 

NATIONAL MARINE FISHERIES SERVICE 

Silver Spring, MD 20910 

MAR 2 3 2015 

Enclosed is NOAA's National Marine Fisheries Services (NMFS) biological and conference 

opinion (Opinion) on the Environmental Protection Agency's (EPA) Issuance of the Multi-Sector 

General Permit for Stormwater Discharges Associated with Industrial Activity (MSGP), which 

authorizes stormwater discharges and certain non-stormwater discharges from facilities 

belonging to 30 industrial sector classifications into waters of the United States from 2015 

through 2020. Our Opinion was prepared pursuant to section 7(a)(2) of the Endangered Species 

Act of 1973, as amended (ESA; 16 USC 1531 et seq.). 

In our Opinion, we conclude that EPA's issuance and implementation of the 2015 MSGP is not 

likely to jeopardize the survival and recovery of ESA-listed or species proposed for listing under 

NMFS' jurisdiction in the action area. We also conclude that EPA' s issuance and 

implementation of the MSGP is not likely to destroy or adversely modify designated critical 

habitat under NMFS' jurisdiction. 

We based our conclusion on EPA' s permit requirements that include: the Endangered Species 

Eligibility Criteria procedure, monitoring, EPA's willingness to take additional actions if 

necessary to protect ESA-listed resources and ability to either modify their permit or request 

reinitiation of consultation if necessary. Key to these conclusions is the assumption that the 

benchmark monitoring requirements and the corrective measures required in response to 

problems indicated by the monitoring function as a feedback mechanism that will minimize 

or avoid exposure of ESA-listed species to potentially harmful stressors. This iterative process 

first minimizes the likelihood of exposure; if there is exposure, it minimizes the number of 

exposed individuals exposed; and if individuals are exposed, it minimizes the likelihood that an 

entire population or species will be affected. In this manner, EPA has insured that their action is 

not likely to jeopardize the continued existence of any listed species and is not likely to adversely 

modify or destroy designated critical habitat. 

This concludes formal consultation on this action. Consultation on this issue must be reinitiated 

if: (1) New information reveals effects of the action that may affect endangered or threatened 

species under NMFS' jurisdiction or to designated critical habitat in a manner or to an extent not 

considered in this Opinion (e.g., if EPA were to fail to execute the monitoring and reporting or 

other commitments it made during ESA section 7 consultation); (2) The agency action is 

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subsequently modified in a manner that causes an effect to the ESA-listed species or critical 

habitat not considered in this Opinion; (3) A new species is listed or critical habitat designated 

that may be affected by the action; or ( 4) The amount or extent of take specified in the incidental 

take statement is exceeded. 

If you have any questions regarding our Opinion, please contact Cathy Tortorici at 301-427-8485 

or cathy.tortorici@noaa.gov. 

~J~-ft- Donna Wieting, J 

Director, Office of Protected Resources