Fond du Lac Reservation 

Resource Management 

1720 Big Lake Road 

Cloquet, MN 55720 

Phone (218) 878-7101 

Fax (218) 878-7130 

Administration 

Conservation 

Environmental 

Fisheries 

Forestry 

Office of Water Protection 

401 Water Quality Certification 

APPLICANT: EPA, Region 5 - ISSUED: 24 April2014 

Pursuant to§ 401 of the Clean Water Act (33 U.S.C. 1341); the·Fond duLac ~ ' 

Reservation is reguired to certify whether the activity described below will violate 

Natural Resources 

Wildlife 

applicable waterquality standards. Accordingly, the Fond duLac Reservation 

Office of Water Protection requires reasonable assurance that the activity will not 

vi9late prqvisions of the Fond duLac Band of Lake Superior Chippewa Water 

Quality Standards of the Fond dyLacReservation, Ordinance #12/98 (Adopted 

by Resolution #1403/98 oftlie Fond duLac Reservation Business Committee on 

Pecember 10, 19~8; Ameuded by Resolution #J286/01 ofthe Fond duLac 

Reservation Business Corrfmittee on September 11, 2001), the Fond duLac Band ' -· of Lake Superior Chippewa Water Quality ~ertification Standards, Ordinance 

#01106 {Adopted by Resolution #1033/06,-as amended, of the Fond duLac 

Reservation Business Committee on March 28, 2006), or of§ § 301, 302, 303, 

306, or 307 of the Clean Water Act. 

An application for Clean Water,Act(CWA) § 401 Water,Quality Certification has been 

received from the United States EnvironmentafProtectioJ1 )\gency (EPA) Region 5 for 

the National Pollutant Discliarge Elimj.nation·System (NPDES) Multi-Sector General 

Permit for Stormwat~ Discharges Associated with Industrial Activity (MSGP). 

Applicant(s): U.S. EP eg on 5 

77 WestJackson Blvd. 

Chicago, IL 60604 '; 

'-' 

Authorized Work: The authorized work com:;ists of those activities commonly 

associated with industrial sites subject to the permit. The MSGP regulates storm water 

discharges associated with industrial sites. Only those activities specifically authorized by 

the MSGP are authorized by this Certification. 

Location(s): Industrial activities authorized under the MSGP may occur anywhere 

permissible within the exterior boundaries of the Fond duLac Reservation. 

The Fond duLac Reservation Office of Water Protection (OWP) has examined the 

application for Certification and the NPDES MSGP and based upon our evaluation of the 

supplied information that is relevant to Water Quality Certification considerations, we 
401 Certification- EPA NPDES Multi-Sector General Permit 2013-Page 2 o(3 

certify that there is reasonable assurance that activities associated with the proposed 

project will be conducted in a manner that will not violate the Fond du Lac Band of Lake 

Superior Chippewa Water Quality Standards of the Fond duLac Reservation Ordinance 

# 12/98, as amended. 

As per§ 201(e) ofthe Water Quality Certification Standards Ordinance #01/06 this 

Water Quality Certification is granted as CERTIFICATION WITH CONDITIONS 

and therefore the following conditions apply: 

1) A copy of the Storm Water Pollution Prevention Plan (SWPPP) must be 

submitted to the following at least thirty (30) days in advance of sending the Notice 

of Intent to EPA: 

Fond du Lac Reservation 

Office of Water Protection 

1720 Big Lake Road 

Cloquet, MN 55720 

MSGP applicants are encouraged to work with the FDL Office of Water Protection 

in the identification of all proposed receiving waters. 

2) Copies of the Notice of Intent (NOI) and the Notice of Termination (NOT) must 

be sent to the Fond duLac Office of Water Protection at the same time they are 

submitted to EPA. 

3) The Benchmark Monitoring Concentration (BMC) for Turbidity shall NOT 

exceed 10% of natural background as determined by Office ofWater Protection 

staff as measured in NTU. 

4) The Effluent Limitations for ALL sectors shall NOT exceed more than two times 

(2x) Fond du Lac's ambient concentrations (based upon 15 years of monitoring 

data) for the following: 

a) Ammonia 

b) Arsenic 

c) Chromium 

d) Total Phosphorus 

e) Total Suspended Solids 

t) Zinc 

Ambient = <0.3 mg/1 

Ambient = <3.0 IJg/l 

Ambient= <0.8 1Jg/l 

Ambient = <0.09 mg/1 

Ambient= <16.0 mg/1 

Ambient = <24.0 mg/1 

5) This Certification does not pertain to any new discharge to Outstanding 

Reservation Resource Waters (ORRW) as described in§ 105 b. 3. of the Fond du 

Lac Water Quality Standards (Ordinance #12/98). Although additional waters may 

be designated in the future, currently Perch Lake, Rice Portage Lake, Miller Lake, 

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401 Certification - EPA NPDES Multi-Sector General Permit 2032- Page 3 o(3 

(Condition #5 continued): 

Deadfish Lake, and Jaskari Lake are designated as ORRWs. New dischargers 

wishing to discharge to an ORRW must obtain an individual permit for storm water 

discharges from large and small construction activities. 

6) All industrial activities shall be carried out in such a manner as will prevent 

violations of water quality criteria as stated in the Water Quality Standards of the 

Fond du Lac Reservation, Ordinance 12/98, as amended. This includes, but is not 

limited to, the prevention of any discharge that causes a condition in which visible 

solids, bottom deposits, or turbidity impairs the usefulness of water of the Fond du 

Lac Reservation for any of the uses designated in the Water Quality Standards of 

the Fond du Lac Reservation. These uses include wildlife, aquatic life, warm and 

cold water fisheries, subsistence fishing (netting), primary contact recreation, 

cultural, wild rice areas, aesthetic waters, agriculture, navigation, and commercial. 

7) This certification does not authorize impacts to cultural, historical, or 

archeological features or sites, or properties that may be eligible for such listing. 

I, Reginald DeFoe, do grant Clean Water Act§ 401 Water Quality Certification With 

Conditions to the U. S. Environmental Protection Agency for the National Pollutant 

Discharge Elimination System- Multi-Sector.C)ieral P':Jt.it for Storm Water Discharges 

Associated with Industrial Activities on { C: , 2014. 

Signed:Reginald ~ DeFoe 

Resource Management Director 

Fond du Lac Reservation 

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