# Fond du 

# Lac Reservation Resource Management 1720 B i g Lake Road Cloquet , MN 55720 Pho ne (2 1 8 ) 87 8- 7 10 1 Fax (2 1 8 ) 878

- 7130

Admi nistrat io n Conservat io n Env ironme ntal F i sheri es For estry 

## Office of Water Protection 

# 401 Water Quality Certification

APPLICANT: EPA, 

### Region 5

- ISSUED: 24 April2014

Pursuant to§ 401 ofthe Clean Water Act (33 U.S.C

. 1341); the
·Fond duLac**~** ' Reservation is reguired to certify whether the activity described below will violate

Nat ural Resources Wild li fe applicable waterquality standards. Accordingly , the Fond duLac Reservation Office of Water Protection requires reasonable assurance that the activity will not vi 9late prqvisions of the Fond duLac Band of Lake Superior Chippewa Water Quality Standards ofthe 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 EnvironmentafProtecti oJ1 )\gency (EPA) Region 5 for the National Pollutant Discliarge Elimj.nation
· Sy stem (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 o f 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 ofthe Fon d duLac Reservation.
The Fond duLac Reservation Office ofWater Protection (OWP) has examined the application for Certification and the NPDES MSGP and based upon our evaluation ofthe 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 ofthe 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 ofWater 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 fo r the National Pollutant Discharge Elimination System- Multi-Sector
.C)i eral P ':Jt.it for Storm Water Discharges Associated with Industrial Activities

### on**{** 

## C:**,** 2014

.

# Signed:**~** Reginald DeFoe R e source Management Director Fond du Lac Reservation



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