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 of EPA's Final Draft 

General Permit, NPDES Permit No. ORR051000 

I. Tribal Section 401 Certification 

In accordance with Section 402(p,) ofthe Clean Water Act of 1987, and the provisions of 40 CFR 

124.55, the Confederated Tribes of the 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 of the following conditions to the Permit for 

projects within the exterior boundaries of the Warm Springs Indian Reservation: 

a. The operator shall be responsible for achieving compliance with the Confederated Tribes of the 

Warm Springs Indian Reservation's Water Quality Standards. (Tribal Ordinance 80). 

b. The operator shall submit a copy of the Notice of Intent (NO I to be covered by the general 

pennit to the Tribes' Environmental Office at the address below, at the· same time it is 

submitted to EPA. 

c. The operator shall be responsible for filing all Storm-water Pollution 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 of any discharge activities taking place. 

d. The operator shall be responsible for reporting an exceedance to Tribal Water Quality 

Standards to the Tribes' Environmental Office at the 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 that the 
operators comply with section 106 of the National Historic Preservation Act (NHPA). The applicant 

shall submit copies of each NOI to the Tribal Historic Preservation Office (THPO). The NOI shall 

define the undertaking's area of potential 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 NHP A and be eligible for coverage under this permit, the EPA shall ensure the operator must meet 

the following criteria. 

1. The THPO will be provided 30 days to comment on the APE as defined in the permit 

application. 

2. If the project is an undertaking, a cultural resource investigation must occur. All fieldwork must 

be conducted by qualified personnel (as outlined by the Secretary of Interior's Standards and 

Guidelines). The resulting report must be submitted to 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 obtain THPO concurrence in writing. If historic 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 CFR Part 800. 

Confederated Tribes of Warm Springs 

Branch of Natural Resources 

Tribal Environmental Office 

POBoxC 

Warm Springs 

Oregon, 97761 

541-553-2002 

Respectfully 

D. R. Sehgal - Tribal Environmental Office Manager