Mr. Michael J. Lidgard, ManagerNPDES Permits UnitEPA Region 10, OWW-130

1200 Sixth Avenue, Suite 900

Seattle, WA 98101-3 140

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

Pollutant Discharge Elimination System (NPDES) Multi Sector General Permit

(MSGP) for Storm Water Discharges Associated with Industrial Activity: Permit

No. WARO5I000.Dear Mr. Lidgard:

This Clean Water Act (CWA) Section 401 certification No. 2014-01 applies to

U.S. Environmental Protection Agency (EPA) National Pollutant DischargeElimination System (NPDES) Multi Sector General Permit (MSGP) WARO5I000,

for Storm Water Discharges Associated with Industrial Activity on tribal lands

in the State of Washington.

Section 401 of the Clean Water Act (CWA) [33 U.S.C. Section 1341 (a)]

requires that applicants for Federal permits allowing discharges into waters of

the United States obtain certification that the discharge will comply with the

applicable provisions of CWA Sections 301, 302, 303, 306 and 307.

The Swinomish Department of Environmental Protection (SDEP) is providing

Water Quality Certification pursuant to Section 401, for your permit. As the

Tribe has no approved water quality standards, SDEP will in the interim be

using the Washington State Water Quality Standards [WAC 173-201A-410(3)]

as applicable water quality standards per Tribal Resolution #2008-08-201.

The SDEP has completed its review of your application and certifies that the

permit, with the inclusion of the conditions below, will comply with the

applicable provisions of the CWA. This certification is valid for the duration of

the permit and is subject to the enclosed conditions. For further coordinationwith SDEP on this project, please contact me at (360) 466-7201.
beginning any discharge activities under the permit.

3. Each operator shall be responsible for achieving compliance with

applicable Water Quality Standards for Surface Waters of the SwinomishIndian Reservation.

4. Each operator shall submit a copy of the Notice of Intent, analytical

monitoring results and Exceedance Reports if any, Annual Reports, andNotice of Termination to the Swinomish DEP at the same time it is

submitted to the Environmental Protection Agency.

5. The permit does not allow discharge of any pollutant on EPA’s Persistent

Bioaccumulative and Toxic pollutant list. Operator must eliminate such

discharge or apply for an Individual permit.

6. If any archeological I cultural resources or human remains are uncovered

during the course of operations, all work will cease and operator mustcontact the Swinomish Tribal Historic Preservation Officer at 466-7352 or

(cell) 840-4127.

Correspondence: All submittals and correspondence required by thiscertification including but not limited to Storm Water Pollution Prevention

Plans (SWPPP), monitoring results, reports of exceedances, and other notices

are to be directed to the Environmental Director, Swinomish Department of

Environmental Protection, 11430 Moorage Way, LaConner, WA 98257, phone

(360) 466-7201, fax (360) 466-1615, and shall reference 401 Certification #

2014-01 and NPDES MSGP WAR-5I000.

Sincerely, ..

Todd Mitchell, Environmental Director

Swinomish Department of Environmental Protection