Environmental 

Protection Agency 

Governor 

.. Lt. Governor 

·\c t·;· f•)J:dlv, Director 

OHIO E.P.A. 

SEP 2 0 2012 

~NTEI:LU liiilcCTOfrS JOURNAL 

Certified Mail 

Re: Statewide 

Grant of Section 401 Water Quality Certification (U.S. EPA Small Vessel General 

NPDES Permit for Discharges Incidental to the Normal Operation of Vessels Less 

Than 79 feet) 

Issue Date: September 20, 2012 

Effective Date: September 20, 2012 

Ladies and Gentlemen: 

The Director of Ohio Environmental Protection Agency hereby authorizes discharges 

under the above referenced NPDES permit under Section 401 of the Federal Water 

Pollution Control Act and is subject to the following modifications and/or conditions: 

Section 401 Water Quality Certification 

Pursuant to Section 401 of the Federal Water Pollution Control Act, Public Law 95-217, 

the Director of Ohio Environmental Protection Agency hereby certifies that the abovereferenced project will comply with the applicable provisions of Sections 301, 302, 303, 

306, and 307 of the Federal Water Pollution Control Act. 

Antidegradation Statement 

I have determined that a lowering of water quality in waters where ocean-going ships' 

travel is necessary. In accordance with OAC 3745-1-05, this decision was reached only 

after examining a series of technical alternatives, reviewing social and economic issues 

related to the degradation, and considering all public and appropriate intergovernmental 

comments. The lowering of water quality is necessary to accommodate important social 

or economic development in the area in which the water body is located. 

You are hereby notified that this action of the Director is final and may be appealed to the 

Environmental Review Appeals Commission pursuant to Section 3745.04 of the Ohio 

Revised Code. The appeal must be in writing and set forth the action complained of and 

the grounds upon which the appeal is based. The appeal must be filed with the 

Commission within thirty (30) days after notice of the Director's action. The appeal mu~t 

be accompanied by a filing fee of $70.00 which the GQD:l!'rlissior~;in•its•diScr@tloh'/m?y': ::: ~r;'~' .. , 

50 West Town street, Suite 700 

P.O. Box 1049 

Columbus, OH 43216-1049 

. '.-:1 3 ln th·:::; re:DOiT:.S Ci! U )(:; ~:f ~t<-~ 

6141644 3020. 

614 1 644 3184 (fax) 

www.epa.ohio.gov 
reduce if by affidavit you demonstrate that payment of the full amount of the fee would 

cause extreme hardship. Notice of the filing of the appeal shall be filed with the Director 

within three (3) days of filing with the Commission. Ohio EPA requests that a copy of the 

appeal be served upon the Ohio Attorney General's Office, Environmental Enforcement 

Section. An appeal may be filed With the Environmental Review Appeals Commission at 

the following address: 

Sincerely, 

gaily 

Director 

Environmental Review Appeals Commission 

77 South High Street, 1 yth Floor 

Columbus, OH 43215 

cc: Sean Ramach, U.S. EPA, Region 5 

Mary Knapp, U.S. Fish & Wildlife Service 

James Zehringer, Director, ODNR 

Steve Holland, ODNR!Sandusky 

Dave Snyder, Ohio Historical Preservation Office, 1982 Velma Avenue, Columbus, 

Ohio 43211 

Eric Nygaard, Ohio EPA, 401 Reviewer 

Jeff Deshon, Ohio EPA, EAS 

Ohio EPA District DSW Managers 

Vessel General Permit Ohio 401 Certification Page 2