Dee A. Mayo

VICE PRESIDENT

December 14,2010

Tinka G. Hyde

Director, Water Division

U.S. Environmental Protection Agency. Region V

77 W. Jackson Boulevard

Chicago, IL 6A6A4

Re: Request for Clean Water Act (CWA) Section 401 Certification for the

National Pollutant Discharge Eliminations Systems CNTPDES) General

Permit for Point Sources Discharges from Application of Pesticides

Dear Ms. Hyde:

The Lac du Flambeau Band of Lake Superior Chippewa Indians has reviewed your

letter, dated September 16,201A, requesting a water quality certification under 401 of the

Clean Water Act. The Lac du Flambeau Band of Lake Superior Chippewa Indians deny

certification of EPA's proposed pesticide general permit based on review of the Tribal

Water Quality Standards criteria for the following reasons.

The Tribal Water Quality Standards criteria states in section 105 Criteria "(A).

General Water Quality Criteria, All Reservation waters (including wetlands), except as

otherwise noted, shall be free from pollutants that cause or contribute to the conditions

described below: (5) Water quality that limits the growth and propagation of native

vegetation" (pg 8). Also section 105 Criteria states "(2) Dissolved oxygen--Dissolved

oxygen shall not be less than 5.0 mg/L for lakes and rivers" (pg 9). The proposed EPA

pesticide general permit would not be protective of resource under these criteria. Table I

of the Pesticide General Permit (pg 3) is not protective of native species or dissolved

oxygen for the Lac du Flambeau Reservation. For example Table I of the Pesticide

General Permit (pg 3) allows pesticide application up to 20 acres on a lake before the

applicator ever has to give notice of application.

Lac du Flambeau Band

of Lake Superior Chippewa Indians
Tinka G. Hyde

Director, Water Division

December l4,20l}

Page2

The general permit also does not take in to account wild rice waters classified by

the Tribe in their Water Quality Standards in section 107 Table l(p920-23). The Lac du

Flambeau Band of Lake Superior Chippewa Indians has listed wild rice as a designated

use in their water quality standards to be protected for by narrative section 105. Criteria

F. Water Quality Criteria for the protection of Wild rice.

Due to the significant ecological and cultural importance of the Lac du Flambeau

Reservation any operator requesting a permit for of a point source discharge of pollutants

(i.e., discharge) associated with the application of pesticides will need an individual

permit on the Reservation. Individual permits will be reviewed based on the Tribal Water

Quality Standards on a case by case situation.

Resolution No. 274(10) (copy enclosed) was adopted on November 30, 2010, to

deny certification after the Tribal Natural Resource Department provided information to

the Tribal Council regarding the pesticide general permit- The denial was posted for

public comment in the local news paper on December 3'o (enclosed). At this time no

public comments have been received, if comments are received before Jattuary 2"d a

response to comments will be submitted to EPA at that time.

If you have any questions about the Tribe's denial, or if you require further

information, please let us know. The contact person on the Tribe's staff regarding this

matter is Gretchen Watkins. who can be reached at 715-588-3303 ext. 5316.

Sincerely,

n

AJg en/'4/nd

lD e"e Mavo. V ice-Pre s ident

Enclosures

cc: Morris Beaton, EPA Water Division, NPDES

copy Resolution No. 27a(10)
WHEREAS,

WHEREAS,

WHEREAS,

RESOLVED,

RESOLUTION NO. 274(Al

the Lac du Flambeau Tribal Council after review of the United States Environmental

Protection Agency's (EPA) National Pollutant Discharge Elimination System

proposed Pesticide General Permit for Point Source Discharges to Waters of the

United States from the Application of Pesticides, determined the general permit

would not be protective of Reservation water resources; and

the Tribal Council after review of the Tribal Water Quality Standards in relation to

the Pesticide General Permit would exceed criteria under the Pesticide General

Permit; and

the Tribal Natural Resource Department will coordinate with EPA individual permits

on a case by case basis for pesticide application for future permit requests; now

therefore be it

by this Council in Special Session assembled, hereby denies certification of the

United States Environmental Protection Agency's National Pollutant Discharge

Elimination System proposed Pesticide General Permit for Point Source

Discharges to Waters of the United States within the exterior boundaries of the Lac

du Flambeau Indian Reservation from the Application of Pesticides and approves

each of the items as mentioned above.

CERTIFICATION

l, the undersigned, as Secretary of the Lac du Flambeau Band of Lake Superior Chippewa Indians, a

tribal government operating under a Constitution adopted pursuant to Section 16 of the Indian

Reorglnization Act,'25 U.S.C ., s. 476, do hereby certify that the Tribal Council of the Band is

comp-osed of twelve members, of whom nine constituting a quorum, were present at a Regular

Meeiing, duly called, noticed, convened, and held on the 30th of November, 2010, and that the

foregoiig resolution was duly adopted at said meeting by an affirmative vote of eight members, none

agai-nst, 

-none abstaining, and that the said resolution has not been rescinded or amended in any way.

.4 ")- /) //

ery U P'ozn';-'-

i/

Betty J<i Graveen, Secretary

Lac du Flambeau Band of

Lake Superior ChiPPewa lndians