Stuart Paisano Governor Francisco I. Lujan Lt. Governor

January 13, 2014

William K. Honker, P.E., Director 481 Sandia Loop Bernalillo, New Mexico 87004

U.S. Environmental Protection Agency (EPA) Water Quality Protection Division 1445 Ross Avenue, Suite 1200 Dallas, Texas 75202-2733 (505) 867-3317 Fax (505) 867-9235 www.sandiapueblo.nsn.us

RE: Certification ofthe EPA's National Pollutant Discharge Elimination Systems (NPDES) General Permit for Stormwater Discharges from Industrial Facilities also referenced as the Multi-Sector General Permit. DearMr. Honker: This letter is in response to the reissuing ofthe NPDES General Permit for Stormwater Discharges from Industrial Facilities also referenced as the Multi-Sector General Permit. On Indian Country Lands inNewMexico (Permit No. NMR051000) for storm water discharges associated with industrial facilities. As you know, the Pueblo ofSandia has had EPA approved water quality standards since 1993. The water quality standards apply to all surface waters within the exteriorboundaries ofour reservation and set forth existing uses that must be protected. After reviewing the Proposed Construction General Permit-Fact Sheet and Permit, the Pueblo of Sandia conditionally certifies the NPDES General Permit for Stormwater Discharges from Industrial Facilities as long as the storm water permittees comply with the applicable provisions ofthe Clean Water Act Sections 208(e), 301 (including 301(h) variances), 302, 303,306, and 307, appropriate requirements ofthe Pueblo Water Quality Standards and the conditions listed in Attachment A. Compliance with the tenus and conditions ofthe NPDES General Permit for Stormwater Discharges from Industrial Facilities and Indian Country Lands in New Mexico (Permit No. NMR051000) along with this conditional certification will provide reasonable assurance that the permitted storm water discharges for industrial activities will be conducted in a mauner which will not violate the Pueblo's Water Quality Standards and provisions ofthe Clean Water Act.ThePueblo reserves the right to amend or revoke this conditional certification ifsuch action is necessary to ensure compliance with the Pueblo's Water Quality Standards and provisions ofthe Clean Water Act. We look forward to EPA's continued cooperation onenvironmental issues. Ifyou have any questions orconcerns, please contact ScottBulgrin, Water Quality Manager ofmy staffat (505) 867-4533. Sincerely,

StuartPaisano Governor SJB/ Enclosure Cc: Nelly Smith, Water Quality Protection Division, EPARegion 6 Diane Evans, Water Quality Protection Division, EPA Region 6 Frank Chaves, Pueblo ofSandiaEnvironment Director Scott Bulgrin, Pueblo ofSandiaEnvironment Department File

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## ATTACHMENT A Pueblo ofSandia Conditions for Industrial Facilities

C.6 Master PermitNumber NMR051000 Indiau country within the State ofNew Mexico, except Ute Mountain Reservation lauds that are covered under Colorado Permit COR051000 aud Navajo Reservation lauds that are covered under Arizona Permit AZR051000. The following conditions apply to stormwater discharges from industrial facilities on the Pueblo ofSandia: I. Copies ofall Notices ofIntent (NO!) submitted to the EPA must also be sent concurrently to the Pueblo ofSaudiaEnvironment Department. Discharges are not authorized by this permit unless an accurate aud complete NO! has been submitted to the Pueblo ofSaudia. 2. The Storm Water Pollution Prevention Piau (SWPPP) must be available to the Pueblo ofSaudia Environment Department either electronically orhard copy upon request for review. Failure to provide a SWPPP to the Pueblo ofSaudia Environment Department mayresult in denial ofthe water quality certification. 3. Any Storm Water Pollution Prevention Piau (SWPPP) modification, update or amendment shall be submitted to the Pueblo ofSaudia Environment Department either electronically orhard copy within seven (7) calendar days ofits finalization. Failure to provide a SWPPP to the Pueblo ofSaudia Environment Department may result in denial ofthe water quality certification. 4. All monitoring aud aualytical data (e.g. Discharge Monitoring Reports (DMRs), follow-up monitoring reports, Exceedance Reports for Numeric Effluent Limits, etc.) submitted to the EPA must also be sent concurrently to the Pueblo of Saudia Environment Department. 5. Copies ofall Annual Repotis submitted to the EPA must also be sent concurrently to the Pueblo ofSandia Environment Department. Discharges are not authorized by this permit unless au accurate aud complete Annual Report has been submitted to the Pueblo ofSaudia. 6. Copies ofall "Quarterly Visual Assessments" (Part 3.2) mustbe submitted either electronically or hard copy to the Pueblo ofSaudiaEnvironment Department within seven (7) calendar days. 7. Copies ofall "Corrective Action Documentation" (Part 4.3) mustbe submitted either electronically orhard copy to the Pueblo ofSaudia Environment Department within seven (7) calendar days. 8. Any notice ofrelease ofoils or hazardous substauces shall be submitted to thePueblo ofSandia Environment Department within twenty-four (24) hours of becoming aware ofthe situation or circumstance, followed by the reporting requirements of40 CFR 110, 40 CFR 300, and 40 CFR 302 relating to spills or other releases ofoils or hazardous substances. The permittee must also telephone the Pueblo ofSandia Environment Department at (505) 867-4533 ofany nonemergency spills or unauthorized discharge that may affect drinking water supplies, ceremonial and recreational surface waters, elicit fish kills, harm wildlife or endangered and threaten species, or endanger human health or the environment within eight (8) hours ofbecoming aware ofthe situation or circumstance, followed by a written report when it is sent to the EPA. 9. Ifrequested by the Pueblo ofSandia Environment Department, the permittee must allow the Pueblo ofSandiato perform its own routine or compliance inspection to ensure the permittee is in compliance and any discharge is not contributing to a violation ofthe permit andthe Pueblo ofSandia's Water Quality Standards. I0. Ifrequested by the Pueblo ofSandiaEnvironment Department, the permittee shall provide additional information necessary for a "case by case" eligibility determination to assure compliance with the Pueblo ofSandia's Water Quality Standards. *Note: Upon receipt ofa determination by the Pueblo ofSandia that discharges from a permittee under this general permit have reasonable potential to be causing or contributing to a violation ofthe Pueblo ofSandia's Water Quality Standards, EPA Region 6 would be notified. EPA Region 6 would then notifY the permittee to either improve their Storm Water Pollution Prevention Plan (SWPPP) to achieve compliance with the Pueblo ofSandia's Water Quality Standards or have the permittee apply for and obtain an individual NPDES permit for those discharges per CFR122.28(B)(3). 11. Any industry discharging into waters ofthe United States that has been designated by the EPA or the Pueblo ofSandia as impaired or degraded water 

### shall not be covered under this general pennit but vvill be required to obtain an individual permit. 12. Before submitting a Notice ofTermination (NOT), permittees must clearly demonstrate to the Pueblo ofSandia Environment Department through a site visit or documentation that requirements for site stabilization have been met and any degradation has been mitigated. A short letter stating the stabilization requirements have been met will be sent to the permittee. Upon receipt the permittee may apply for an NOTto the EPA. 13. Copies ofthe NOT submitted to the EPA mustalso be sent concurrently to the Pueblo ofSandia Environment Department. 14. All required orrequested information mentioned above shall be sent to: Regular U.S. Delivery Mail: Pueblo ofSandia Environment Department Attention: Scott Bulgrin, Water Quality Manager 481 Sandia Loop Bernalillo, New Mexico 87004Or Electronically to: sbulgrin@sandiapueblo.nsn.us