C onfed era ted. Trib es o7 t ne

Umatilla Indian Reservation

Department of Natural Resources

4641 1 Timine Way . Pendleton, OR 97801

(s411 276-3447 . fax (541 ) 276-3447

info@ctuir.com . www.umatilla.nsn.us

December 24,2013

Michael J. Lidgard, Manager

NPDES Permits Unit, EPA, Region 10

1200 Sixth Avenue, Suite 900

Seattle, V/A 98101

Dear Mr. Lidgard:

Re: Request for Certification under Clean'Water Act (CWA) Section 401 of EPA's Final Draft

General Permit, NPDES Permit No. ORR05I000

I. Tribal Certification

In accordance with Section 402G,) of the Clean Water Act of 1987, and the provisions of 40 CFR

124.55, the Confederated Tribes of the Umatilla Indian Reservation (CTUIR) hereby certifies the

USEPA permit No. ORR05I000 for the proposed stormwater discharges to surface waters

associated with industrial activity (40 CFR 126.26(b)(14)).

This certification is made subject to the inclusion of the following conditions to the Permit for

projects within the exterior boundaries of the Umatilla Indian Reservation:

1. The operator shall be responsible for achieving compliance with the Confederated

Tribes of the Umatilla Indian Reservation's (CTUIR) Water Quality Standards.

2. The operator shall submit a copy of the Notice of Intent (NOÐ to be covered by the

general permit to the CTUIR'Water Resources Program at the address below, at the

same time it is submitted to EPA.

3. The operator shall be responsible for submifiing all Stormwater Pollution Prevention

Plans (SWPPP) required under this general permit to the CTUIR 'Water Resources

Program for review and determination that the SV/PPP is suffrcient to meet Tribal

Water Quality Standards, prior to the beginning of any discharge activities taking

place.

4. The operator shall be responsible for reporting an exceedance to Tribal Water Quality

Standards to the CTUIR Water Resources Program at the same time it is reported to

EPA.

Treaty June 9, 1855 - Cayuse, Umatilla and Walla Walla Tribes
Confederated Tribes of the Umatilla Indian Reservation

Water Resources Program

46411Timíne Way

Pendleton, OR 97801

(s4r) 966-2420

I. Tribal Cultural Resources

The EPA is the lead federal agency for NPDES General Permit projects and must ensure that the

operators comply with section 106 of the National Historic Preservation Act (NHPA). The

applicant shall submit copies of each NOI to the CTUIR Tribal Historic Preservation Off,rce

(THPO). The NOI shall define the undertaking's area of potential effect (APE). This

information will be used to determine whether or not the undertaking has the potential to affect

historic properties. To be in compliance with the NHPA and be eligible for coverage under this

permit, the EPA shall ensure the operator must meet the following criteria.

1, The THPO wilt be provided 30 days to comment on the APE as defined in the permit

application.

2. If the project is an undertaking, a cultural resource investigation must occur. All

fieldwork must be conducted by qualified personnel (as outlined by the Secretary of

Interior's Standards and Guidelines; http ://www.nps. gov/history/local:

lawlarch stnds 9.htm and documented using Oregon Reporting Standards

of

ey and_reporting_standards.pdf. The resulting report must be submitted to the

THPO and the THPO must concur with the findings and recommendations before any

ground disturbing work can occur. The THPO requires 30 days to review all reports.

3. The operator must obtain THPO concurrence in writing. If historic properties are

present, this written concuffence will outline measures to be taken to prevent or

resolve effects to historic properties.

For more information regarding the cultural resource process, see 36 CFR Part 800.

Confederated Tribes of the Umatilla Indian Reservation

Cultural Resources Protection Program

Tribal Historic Preservation Office

4641I Timíne V/ay

Pendleton, OR 97801

(s4r) 429-7234

Quaempts,

Robin Harris, Water Quality Coordinator

Ron Lee, Water Code Administrator

Carey Miller, Tribal Historic Preservation Offrcer

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Cc:

TreatyJune 9, 1855 - Cayuse, Umatilla and Walla Walla Ttibes