February 27, 2014 

Mr. Michael Lidgard, Manager 

NPDES Permit Unit 

EPA Region 10, OWW-130 

1200 Sixth Avenue, Suite 900 

Seattle WA 98101-3140 

RE: Tulalip Tribes Section 401 Certification for the NPDES Multi-Sector General Permit for Stormwater 

Discharges Associated with Industrial Activities- Permit No. W AR051000 

Dear Mr. Lidgard: 

Pursuant to Section 401 of the Clean Water Act, the Tulalip Tribe's Natural resources Department certifies that 

the proposed issuance of the National Pollutant Discharge Elimination System (NPDES) Multi-Sector General 

Permit (MSGP) for storm water discharges associated with industrial activities (Permit No. W AR051 000) will 

com ply with the applicable provisions of Sections 301, 302, 303, 306, and 307 of the CWA and the Tribe's 

Water Quality Standards, provided that the conditions listed below are implemented. Areas covered under this 

permit include tribal trust lands. This certification is valid for five years from the date of this letter subject to 

the following conditions: 

Conditions: 

Submission of NO/, NOT and No Exposure: Copies ofthe Notice oflntent (NOI), Notice ofTelmination 

(NOT), and No Exposure Certification shall be submitted to the Tribe's Natural Resources Department. 

Submission ofSWPPP: A copy of the Stormwater Pollution Plans (SWPPPs) shall be submitted to the Tribe's 

Natural Resources Department at least thirty (30) days in advance of submitting the NOI to EPA. 

Compliance with Tribe's Water Quality Standards: Each permittee shall be responsible for achieving 

compliance with the Tribe's Water Quality Standards. 

Submission and approval of Sampling Plans: A sampling plan shall be submitted to the Tribe's Natural 

Resources Department and approved by the Tribe prior to initiation of monitoring required under Part 6 of this 

permit. 

Submission of Monitoring Data and Reports: The results of any monitoring required by this permit and reports 

must be sent to the Tribe's Natural Resources Department, including a description of the corrective actions 

required and undertaken to meet effluent limits or benchmarks (as applicable). 
Invalidation: This certification will cease to be valid if the project is constructed and/or operated in a manner 

not consistent with the project description contained in the permit. This certification will also cease to be valid 

and the applicant must reapply with an updated application if information contained in the permit is voided by 

subsequent submittals. 

Modification: Nothing in this certification waives the Tulalip Tribes of Washington's authority to issue 

modifications to this certification if additional impacts due to operational changes are identified, or if additional 

conditions are necessary to protect water quality or further protect the Tribal Communities interest. 

Permits 011-site: A copy of the permit shall be kept on the job site and readily available for reference by the 

construction supervisor, construction managers and foreman, and Tribal inspectors. 

Project Management: The applicant shall ensure that project managers, construction managers and foreman, 

and other responsible parties have read and understand conditions of the permit, this certification, and other 

relevant documents, to avoid violations or noncompliance with this certification. 

Emergencies/Contingency Measures: In the event the operator is unable to comply with the permit terms and 

conditions due to any cause, the contractor shall immediately take action to stop the violation and correct the 

problem, and immediately report spill events to EPA's 24-hour Spill Response Team at (206) 553-1263 and the 

Tulalip Tribes Police Department (425) 508-1565. Compliance with this condition does not relieve the applicant 

from responsibility to maintain continuous compliance with the terms and conditions of this certification or the 

resulting liability from failure to comply. 

Tribal ESA Consultation: Consultation with the Tribes that addresses the effects of a facility's storm water 

discharges, allowable non-stormwater discharges, and stormwater discharge-related activities on federally-listed 

threatened or endangered species and designated critical habitat. Information required as part of the consultation 

shall include: 

l. Basis of the determination that your storm water discharges, allowable non-stormwater discharges, and 

stormwater discharge-related activities will not adversely affect federally-listed as endangered or threatened 

("listed") under the Endangered Species Act (ESA) and will not result in the adverse modification or destruction 

of designated critical habitat including appropriate measures to be undertaken to avoid or eliminate the 

likelihood of adverse effects (under Criterion E in Section 1.1.4.5); and 

2. Notice of Intent form complete with extent of action area, list of federally-listed threatened or endangered 

species or designated critical habitat likely to occur in action area, list of potential pollutants (if you are a new 

discharger) or list of pollutants for which you have ever exceeded an applicable benchmark or effluent 

limitations guideline, or for which your discharge has ever been found to cause or contribute to an exceedance 

of an applicable water quality standard (if you are an existing discharger). 

' 
LPAHs. 

Discharge-related Activities that have Potential to Cause an Adverse Effect on Historic Properties: Installation 

of stonnwater controls that involve subsurface disturbances may potentially have an adverse impact on historic 

properties. Procedures detailed in Appendix F of the permit shall be completed. Richard Young, of the Tulalip 

Tribe's Cultural Resources Department shall be contacted prior to initiating discharge-related activities that may 

have an impact on historic properties. His contact information is (360) 716-2652 and ryoung@tulaliptribesnsn.gov. 

Where to Submit Information: All required or requested documents shall be sent to the: Tulalip Tribes Natural 

Resources Environmental Division c/o Kurt Nelson and Valerie Streeter, 

6704 Marine Drive, Tulalip, Washington 98271. 

For questions regarding this certification, please contact Kurt Nelson knelson@tulaliptribes-nsn.gov and Valerie 

Streeter vstreeter@tulaliptribes-nsn.gov at 360 716-4617 and 360 716-4629. 

Sincerely, 

The Tulalip Tribes 

L~N~-

KurtNelson 

Environmental Division Manager