### THE CONFEDERATED TRIBES OF THE WARM SPRINGS RESERVATION OF OREGON

·P. 0. Box C, Warm Springs, Oregon 97761 February 24,20 14 Michael J. Lidgard, Manager NPDES Permits Unit, EPA, Region 10 1200 Sixth Avenue, Suite 900 Seattle, WA 98101-3140 Dear Mr. Lidgard: Re: Request for Certification under Clean Water Act (CWA) Section 401 ofEPA's Final Draft General Permit, NPDES PermitNo. ORR051000 I. Tribal Section 401 Certification In accordance with Section 402(p,) ofthe Clean Water Act of 1987, and the provisions of40 CFR 124.55, the Confederated Tribes ofthe Warm Springs Indian Reservation hereby certifies the USEPA permit No. ORR051000 for the proposed storm-water discharges to surface waters associated with industrial activity (40 CFR 126.26(b)(14)). This certification is made subject to the inclusion ofthe following conditions to the Permitfor projects within the exterior boundaries ofthe Warm Springs Indian Reservation: a. The operator shall be responsible for achieving compliance with the Confederated Tribes ofthe Warm Springs Indian Reservation's Water Quality Standards. (Tribal Ordinance 80). b. The operator shall submit a copy ofthe Notice ofIntent (NOI to be coveredby the general pennitto the Tribes' Environmental Office at the address below, atthe·same

### time it is submitted to EPA. c. The operator shall be responsible for filing all Storm-waterPollution Prevention Plans (SWPPP) required under this general permit to the Tribes' Environmental Office for review and determination that the SWPPP is sufficient to meet Tribal Water Quality Standards, prior to the beginning ofany discharge activities taking place. d. The operator shall be responsible for reporting an exceedance to Tribal Water Quality Standards to the Tribes' Environmental Office atthe same time it is reported to EPA. II Tribal Cultural Resources The EPA is the lead federal agency for NPDES General Permit projects and must ensure thattheoperators comply with section 106 of the National Historic Preservation Act (NHPA). The applicant shall submit copies ofeach NOI to the Tribal Historic Preservation Office (THPO). The NOI shall define the undertaking's area ofpotential effect (APE). This information will be used to determine whether or not the undertaking has the potential to affect historic properties. To be in compliance with the NHPA and be eligible for coverage under this permit, the EPA shall ensure the operator must meet the following criteria. 1. The THPO will beprovided 30 days to comment on the APE as defined in the permit application. 2. Ifthe project is an undertaking, a cultural resource investigation must occur. All fieldwork must be conducted by qualified personnel (as outlined by the Secretary ofInterior's Standards and Guidelines). The resulting report mustbe submittedto the THPO and the THPO must concur with the findings and recommendations before any ground disturbing work can occur. The THPO requires 30 days to review all reports. 3. The operator must obtainTHPO concurrence in writing. Ifhistoric properties are present, this written concurrence will outline measures to be taken to prevent or resolve effects to historic properties. For more information regarding the cultural resource process, see 36 CFRPart 800. Confederated Tribes ofWarm Springs Branch ofNatural Resources TribalEn vironmental Office POBoxC Warm Springs Oregon, 97761 541-553-2002 Respectfully

D. R. Sehgal

- Tribal Environmental Office Manager