# TWENTY-NINE PALMS BAND OF

# MISSIONINDIANS
46-200 Harrison Plac e . Coachella. C al

ifornia

. 92236. Ph: 760.863.2444. Fax: 7 60

.863.2449

December 6, 20 13
Eugene Bromley NPDES Permits Office U.S. Environmental Protection Agency, Region 9 75 Hawthorne St San Francisco, CA 94105-3901
Re: Clean Water Act (CWA) Section 40l Certification for Multi-Sector General Permit (MSGP)
Dear Mr. Bromley:
TheTwenty-Nine Palms Band ofMission Indians (Tribe) has read and reviewed the infonnation you provided requesting a Tribal certification be granted under CW A Section 40 1 for the proposed NPDES general permit for stonnwater discharges from industrial facilities. As a Tribe located near industrial businesses which may potentially threaten Tribal water resources, this permit and its requirements are necessary for the protection ofhuman health and the environment ofthe Twenty-Nine Palms Reservation (Reservation). The only perennial water body located onthe Reservation at this time is the Whitewater River and Stormwater Channel. This water body obtains itsyear-round water flow from a wastewater treatment plantjust upstream from the Reservation. The River bisects the Reservation as itflows downstream, eventually discharging into the Salton Sea

. Water discharged into the River may therefore affect downstream ecosystems, groundwater, and the watershed as a whole. The Tribe was granted Treatment inthe same manner as a State (T AS) by the U.S. EPA in October 26, 2006

. TheTribal Environmental Protection Agency (Tribal EPA) was designated to administer CWA Section 401 and the Tribal Water Quality Standards Program. Since that time, Tribal EPA has worked to develop and set water quality standards for the Reservation. On November 6th, 2013, the Tribe signed a resolution adopting Tribal Water Quality Standards. These standards had already undergone an informal EPA comment period and are currently under review by the U.S. EPA Office of Water for formal approval and finalization. During the review process, the Tribe will operate as ifthe standards have been finalized. Below is the CW A Section 401 Water Quality Certification granted bythe Tribe to the U.S. EPA Region 9. Some conditions which are more stringent than those contained in the proposed MSGP are necessary to meet the requirements ofTriballaw. These conditions are outlined in the certification and are based on Tribal Resolution #TC110613A. Ifyou have any questions regarding this certification, please contact the Tribal EPA office at (760) 398-6767.

# since**~U**

Darrell Mike Tribal Chairman Twenty-Nine Palms Band ofMission Indians

# Twenty-Nine Palms Band ofMission Indians Tribal EnvironmentalProtectionAgency

Twenty-Nine Palms Band ofMission Indians

Tribal Environmental Protection Agency Clean Water Act (CW A) Section 401 Water Quality Certification for USEPA Region 9 NPDES Multi

-Sector General Permit (MSGP) for Stormwater Discharges from Industrial Facilities Issued December 6, 2013 

### Description: National Pollutant Discharge Elimination System (NPDES) Multi

-Sector General Permits are issued by the U.S. EPA for stormwater discharges associated with industrial activity. This CW A Section 40 1 Permit is issued by the Twenty-Nine Palms BandofMission Indians for approval ofEPA's proposed Na tional Pollution Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP). 

### Background: Section 401 ofthe Clean Water Act (CWA), as amended in 1977, requires that an applicant for a federal permit such as a CW A Section 401 multi-sector general permit (MSGP) must obtain certification that the discharge will comply with the applicable provisions ofSections 208(e), 301 ,302, 303, 306, and 307 of the CW A. All MSGPs require certification prior to issuance; therefore, this certification is a condition of these federal permits.
TheTwenty-Nine Palms Band ofMission Indians (Tribe) has a Section 401 certification program in place for issuing water quality certification. Inissuing certification for the MSGPs, the Tribe considers applicable tribal, adjacent state, and the EPA guidance for water quality standards, such as the water quality criteria published under Section 304(a) ofthe CWA and the Water Quality Standards Handbook. 

### Determination: Granted With Conditions TheTwenty-Nine Palms Band ofMission Indians approves MSGPs proposed activities /projectsprovided they comply with the general conditions described in this certification, and where there is reasonable assurance that the proposed activities/projects will comply with the applicable provisions ofthe Tribal Water Quality Standards

. Certification is hereby granted with conditions detailed below in addition to the general terms and conditions ofthe MSGP. 

### General Conditions: Requirements under the Twenty-Nine Palms Tribal Water Quality Standards Adopted under Tribal Resolution #TCJ10613A 1. The Twenty-Nine Palms Tribal Water Quality Standards require that routine monitoring be performed quarterly at each sampling site. 2. Additional special monitoring requirements include: a. Sampling following a significant storm event b. Sampling in the event ofan accidental spill 3. Monitoring results for discharges into Twenty-Nine Palms Tribal waters must be reported to Twenty-Nine Palms Tribal EPA.

Pa I of2 Phone: 760-398-6767 Fax: 760-398-0046 mcheung2@29palmsbomi-nsn.gov 

### 47250 Dillon Road, Coachella, California 92236Additional General Requirements 1. Certification does not relieve the applicant ofthe responsibility to comply with applicable local, state, orfederal regulations ot statutes, including regulations affecting any discharge into waters ofthe U.S. 2. Copies ofthis certification shall bekept on thejob site and readily available for reference by tribal members and tribal representatives. 3. Ifthe project is operated in a manner not consistent with the MSGPs, the permittee willbe in violation ofthis certification. 4. All practicable measures andprecautions must 

### be taken to prevent pollution affecting public health, fish, shellfish, wildlife, and recreation due toturbidity, pH, temperature, nutrients, suspended solids, floating debris, visible oil and grease, or other pollutants entering tribal waters, including wetlands. 5. All equipment operated within any tribal waters must be cleaned away from the tribal waters and maintained to prevent fuel and oil leaks. These methods include, but are not limited to: offsite/ upland fuel and oil storage and refueling areas, on-site spill containment equipment, a spill contingency plan, and spill prevention/contaminant training for on-site personnel. 6. Should a spill ofpetroleum products orchemicals occur, immediately call the National Response Center at (800) 424-8802 and the Tribal Environmental Protection Agency at (760) 398-6767. 7. Ground disturbance shall not exceed the minimum necessary. 8. All projects using MSGPs must avoid discharges to the maximum extent practicable, and utilize the best available and practicable means ofminimizing the adverse impact ofdischarges that cannot be avoided

. Tills Certification reasonably ensures that discharges in compliance with the limitations and conditions of the MSGPs and the conditions herein will not violate applicable water quality standards or any applicable effluent guidelines or standards. Questions regarding this water quality certification should be directed to: Twenty-Nine Palms Tribal Environmental Protection Agency 47

-250 Dillon Road Coachella, CA 92236 Phone: (760) 398-6767 Fax: (760) 398-0046

Page2of2 Phone: 760-398-6767 Fax: 760-398-0046 mcheung2@29palmsbomi-nsngov 

### 47250 Dillon Road, Coachella, California 92236