Environmental ProtectionAgency Governor

.. Lt. Governor ·\c t·;· f•)J:dlv, Director 

### OHIO E.P.A. 

### SEP20 

## 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 ofVessels Less Than 79 feet) Issue Date: September20, 2012 Effective Date: September20, 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 subjectto 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 ofthe FederalWater 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 oftechnical alternatives, reviewing social and economic issues related to the degradation, and considering all public and appropriate intergovernmental comments. The lowering ofwater quality is necessary to accommodate important social oreconomicdevelopment in the area in which thewater body is located. You are hereby notified thatthis action ofthe 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 ofthe Director's action. The appeal

**mu~t** be accompanied by afiling fee of$70.00 which the



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50 West Town street, Suite 700 P.O. Box 1049 Columbus, OH 43216-1049 . '.-:13 ln th·:::; re:DOiT:.S Ci! U)(:;

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6141644 3020. 614 1644 3184 (fax) www.epa.ohio.govreduce if by affidavityou demonstrate that paymentofthe full amount ofthefee would cause extreme hardship. Notice ofthefiling ofthe appeal shall be filed with the Director within three (3) days offiling with the Commission. Ohio EPA requests that a copy ofthe 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 thefollowing address:

Sincerely,

gaily Director Environmental ReviewAppeals 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, 1982Velma Avenue, Columbus, Ohio 43211 Eric Nygaard, Ohio EPA, 401 Reviewer JeffDeshon, Ohio EPA, EAS Ohio EPA District DSW Managers

Vessel GeneralPermitOhio401 Certification Page2