January 28, 2014
Eugene Bromley WHITE MOUNTAIN APACHE TRIBE WATER RESOURCES PROGRAM 712 E General Crook St. Bldg. I04 • P

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. Box 816 • Fort Apache, Arizona 85926-0816 Phone: (928) 338-4267 • Fax (928) 338

-3933

United States Environmental Protection Agency NPDES Permit Office (WTR-5) 75 Hawthorne Street San Francisco, CA 94105-3901 RE: Certification ofthe Environmental Protection Agency's (EPA's) National Pollutant Discharge Elimination Systems (NPDES) General Permitfor Stormwater Discharges from Industrial Facilities also references as the Multi-Sector General Permit. Dear Mr. Bromley: This letteris in response to the reissuing ofthe National Pollutant Discharge Elimination Systems (NPDES) General Permitfor Stormwater Discharges from Industrial Facilities also referenced as the Multi-Sector General Permit. The White Mountain Apache Tribe has the authority regarding certification under the Clean WaterAct Section 401. We have approved water quality standards that apply to all surface waters within the exterior boundaries ofour reservation and setfourth existing uses that must be protected. After reviewing the Proposed Construction General Permit

-Fact Sheet and Permit, the White Mountain Apache Tribe conditionally certifies the National Pollutant Discharge Elimination Systems (NPDES) General Permitfor Stormwater Discharges from Industrial Facilities as long as the storm water permittees complywith the applications provisions ofthe Clean Water Act Sections 208( e), 301, (including 301(h) variances), 302,303, 306 and 307, appropriate requirements ofthe White MountainApache Tribe'sWater Quality Standards and the conditions listed in AttachmentA. Compliance with the terms and conditions ofthe National Pollutant Discharge Elimination Systems (NPDES) General Permit for Stormwater Discharges from Industrial Facilities alongwith this conditional certification will provide reasonable assurance that the permitted storm water discharges for industrialactivities will be conducted in a manner which will not violate the White Mountain Apache Tribe's Water Quality Standards and provisions ofthe Clean Water Act. The White Mountain Apache Tribe reserves the right to amend or revoke this conditional certification ifsuch action is necessary to ensure compliance with the White Mountain Apache Tribe's Water Quality Standards and provisions ofthe Clean Water Act. We look forward to EPA's continued cooperation on environmental issues and ifyou have any questions or concerns, please contact me at (928) 338-4267. Sincerely,

Tara Chief, Water Quality Officer White Mountain Apache Tribe Water Resources

Attachments:

Cc: AttachmentA: White Mountain Apache Tribe Conditions for Industrial Facilities
Cheryl Pailzote, WMAT Water Resources Program Director jim Palmer, WMAT Tribal Attorney

### ATTACHMENT A White Mountain Apache Tribe Conditions for Industrial Facilities The following conditions apply to stormwater discharges from industrial facilities on the White Mountain Apache Tribe: 1. The Storm Water Pollution Prevention Plan (SWPPP) mustbe available to the White Mountain Apache Water Resources Programs either electronically orhard copy upon request for review before a Notice ofIntent (NOI) for comments from the White MountainApache Water Resources Programs. Failure to provide a SWPPP to the White Mountain Apache Water Resources Programs may result in denial ofthe water quality certification. 2. Copies ofall Notices ofIntent (N01) submitted to the EPA must also be sent concurrently to the White Mountain Apache Water Resources Programs. Discharges are not authorized by this permit unless an accurate and complete NOI has been submitted to the White Mountain Apache Tribe. 3. Any Storm Water Pollution Prevention Plan (SWPPP) modification, update or amendment shall be submitted to theWhite Mountain Apache Water Resources Programs either electronically or hard copywithin seven (7) calendar days ofits finalization

. Failure to provide a SWPPP to the White Mountain Apache Water Resources Programs may result in denial ofthe water quality certification. 4. All monitoring and analytical data (e.g. Discharge Monitoring Reports (DMRs), follow-up monitoring reports, Exceedance Reports for Numerical Effluent Limits, etc.) submitted to EPA mustalso be sent concurrently to the White Mountain Apache Water Resources Programs. 5

. Copies ofall Annual Reports submittedto the EPA must also be sent concurrentlyto theWhite Mountain Apache Water Resources Programs. Discharges are not authorized bythis permit unless an accurate and complete Annual Report has been submitted to theWhite Mountain Apache Tribe. 6. Copies ofall "Quarterly Visual Assessments" (Part 3.2) mustbe submitted either electronically orhard copy to the White Mountain Apache Water Resources Programs within seven (7) calendar days. 7. Copies ofall "Corrective Action Documentation" (Part 4.3) mustbe submitted either ' electronically orhard copy to the White Mountain Apache Water Resources Programs within seven (7) calendar days. 8. Any notice ofrelease ofoils or hazardous substances shall be submitted to theWhite Mountain Apache Water Resources Programs within twenty-four (24) hours of becoming aware ofthe situation or circumstance, followed by the reporting requirements of40 CFR 110, 40 CFR300, and 40 CFR 302 relating to spills or other releases ofoils orhazardous substances. The permittee must also telephone theWhite Mountain Apache Water Resources Programs at (928) 338-4267 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 endangerhuman health or the environment within eight (8) hours ofbecoming aware ofthe situation or circumstance, followed by a written reportwhen it is sentto the EPA. 9. Ifrequested by the White Mountain Apache Water Resources Programs, the permittee must allow the White Mountain Apache Tribe to 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 and the White Mountain Apache Tribe's Water Quality Standards

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. Ifrequested by the White Mountain Apache Water Resources Programs, the permittee shall provide additional information necessary for a "case by case" eligibility determination to assure compliance with the White Mountain Apache Tribe's Water Quality Standards. *Note: Upon receipt ofa determination by the White Mountain Apache Tribe that discharges from a permittee under this general permithave reasonable potential to be causing or contributing to a violation ofthe White Mountain Apache Tribe's Water Quality Standards, EPA Region 9 would be notified. EPA Region 9 would then notify the permittee to eitherimprove their Stormwater Pollution Prevention Plan (SWPPP) to achieve compliance with the White Mountain Apache Tribe's Water Quality Standards orhave the permittee apply for and obtain an individual NPDES permitfor those discharges per CFR 122.28 (8)(3). 11. Any industry discharging into waters ofthe United States that has been designated bythe EPA or the White Mountain Apache Tribe as impaired or degraded water shall not be covered under this general permit but will be required to obtain an individual permit. 12. Before submitting a Notice ofTermination (NOT), permittees must clearly demonstrate to the White Mountain Apache Water Resources Programs through a site visit or documentation that requirements for site stabilization have been met and any degradation has been mitigated. A shor t letter stating the stabilization requirements have been met will be sentto the permittee. Upon receipt the permittee may apply for an NOT to the EPA. 13. Copies ofthe NOT submitted to the EPA mustalso be sent concurrently to the White Mountain Apache Water Resources Programs. 14.All required orrequested information mentioned above shall be sentto: Regular U.S. Delivery Mail: White Mountain Apache Tribe Water Resources Programs Attention: Tara Chief, Water Quality Officer 

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. Box 816 FortApache, AZ 85926Or Electronically to: tarachief@wmat.us