GRAND PORTAGE RESERVATION TRIBAL COUNCIL 

Norman W. Dcschampe. Chairman • John Morrin -Vice Chairman • April McCormick- Sccrelaryffrcasurer 

Marie Spry- Councilwoman • Arvid Dahl- Councilman 

Susan Hedman 

Regional Administrator 

US EPA - Region 5 

77 W. Jackson Blvd. 

Chicago, IL 60604 

RECEIVED 

JAN o 3 2014 u. ~. L:. l-r .......... -._ 

OFFlCEOFREGIONALADMlNlS!RAWt, 

December 30, 2013 

Subject: 401 Certification for the Proposed National Pollutant Discharge Elimination 

System Multi-Sector General Pennit for Industrial Storm Water Discharges 

Dear Ms. Hedman: 

Pursuant to Section 3.03 of the Grand Portage Water Quality Ordinance, the Grand 

Portage Environmental Resources Board ("Board") has the authority to "issue water 

qwdity certification(s) for disch~ge~ that may result in any violation of the Band's Water 

Quality Standards or Applicable Federal Standards or that may adversely impact the 

quality and quantity of Waters of the Reservation. Water quality certification is required 

to provide a reasonable assurance that the proposed activity will not violate the Band's 

Water Quality Standards or any Applicable Federal Standards." To that end, the Board 

may deny a certification, grant a certification, grant a certification with conditions, or 

waive the authority. 

In accordance with its responsibilities and authority under the Grand Portage Water 

Quality Ordinance, the Board has evaluated water quality certification for the EPA MultiSector General Pennit for Storm Water Associated with Industrial Activity (MSGP 

2013). The Board has detennined that certain conditions are necessary to protect (a) the 

public health and welfare of the Band, its members, and others living on its Reservation, 

and (b) the present and future use of Reservation waters for public and private water 

supplies, propagation of fish and aquatic life and wildlife, domestic and recreational 

purposes and agricultural, cultural, religious, commercial, industrial and other legitimate 

uses. 

Accordingly, the Tribal Council adopted a resolution granting a conditional Section 401 

certification of the MSGP. The Tribal Council was acting as the Water Resources Board 

for the Tribe under Section 2.01(D) of the Tribe's Water Resources Ordinance. The 

resolution is attached to this letter as Resolution No.Jk-/3._. 

P.O. Box 428 Grand Portage, Minnesota 55605 (218) 475-2277 or 475-2239 Fax: (218) 475-2284 

® GRAND PORTAGE R. T. C. 

This letter confirms that, in accordance with Resolution No J,-1.3, the Tribe is granting 

the 401 certification for the MSGP 2013 with conditions. The conditions, which are 

provided in the Public Notice that is attached to this certification, are fully incorporated 

into this certification. Those conditions are made under authority in the Grand Portage 

Water Quality Ordinance. 

Resolution No. &/3was adopted after the Board provided public notice and an 

opportunity for a public hearing. There was no request for public hearing and no 

comments were received. There are therefore no responses to comments included in this 

certification. 

orman Deschampe 

hairman 

GRAND PORTAGE RESERVATION TRffiAL COUNCIL 

Norman W. Deschampc -Chairman • John Morrin -Vice Chairman • April McCormick- Secretaryrrreasurer 

Marie Spry- Councilwoman • Arvid Dahl -Councilman 

RESOLUTION No . .3(p- I .3 

GRANTING CONDITIONAL 401 CERTIFICATION FOR THE MULTI-SECTOR GENERAL 

PERMIT FOR INDUSTRIAL STORMWATER DISCHARGES 

The Grand Portage Reservation Tribal Council, on behalf of the Grand Portage Band 

of Chippewa, enacts the following resolution: 

WHEREAS, the governing body of the Grand Portage Band of the Minnesota 

Chippewa Tribe is the Reservation Business Committee (also known as 

the Reservation Tribal Council ("RTC")) pursuant to Article III, 

Section 2 of the Minnesota Chippewa Tribe Constitution; and 

WHEREAS, the Grand Portage Band of the Minnesota Chippewa Tribe ("Band") is 

a federally recognized Indian tribe possessing the inherent sovereign 

authority of an independent government; and 

WHEREAS, the RTC has determined that water pollution endangers the health and 

welfare of Grand Portage members and residents of the Grand Portage 

Reservation, and adversely impacts tribal treaty fishing rights as well as 

cultural, religious, domestic, recreational, agricultural and other uses of 

the Reservation water resources; 

WHEREAS, as an exercise of the Band's inherent authority, the RTC enacted the 

Grand Portage Band of Chippewa Water Resources Ordinance 

("Ordinance") on July 25, 2001 and amended it on January 15, 2004 to 

protect the waters of the Grand Portage Reservation; and 

WHEREAS, under the Ordinance, the RTC is empowered to act as the Water 

Resources Board ("Board") created by the Ordinance; and 

WHEREAS, in its capacity as Board, the RTC has taken all steps required under the 

Ordinance and federal law to grant conditional 40 1 certification for the 

proposed National Pollutant Discharge Elimination System (NPDES) 

Multi-Sector General Permit for Storm Water Discharges Associated 

with Industrial Activity (MSGP), a copy of which is attached to this 

Resolution; and 

WHEREAS, in its capacity as Board, and after consultation with the Band's 

Environmental Department, the RTC fmds that conditional certification 

of the MSGP is necessary to protect (a) the public health and welfare of 

the Band, its members, and others living on its Reservation, and (b) the 

P.O. Box 428 Grand Portage, Minnesota 55605 (218) 475-2277 or 475-2239 Fax: (218) 475-2284 

Page 2 ® - GRAND PORTAGE R. T. C. 

present and future use of Reservation waters for public and private 

water supplies, propagation of fish and aquatic life and wildlife, 

domestic and recreational purposes and agricultural, cultural, religious, 

commercial, industrial and other legitimate uses; 

NOW, THEREFORE, BE IT RESOLVED, that the RTC, in its capacity as Board, 

adopts the attached conditional certification of the MSGP, and directs the 

Environmental Department to submit the conditional certification of the MSGP to 

EPA for inclusion in Section 9 ofthe final MSGP permit in accordance with the 

Federal Clean Water Act. 

CERTIFICATION 

We do hereby certify that the foregoing resolution was duly adopted by a vote of 

1: for, () against, D silent, at a,.ff-tu 'a.fl meeting of the 

Reservation Tribal Council, a quorum present, he don the 30 day ofDecemb~r, 

2013. 

Conditions for Granting 401 Certification for the Multi-Sector General Permit for 

Industrial Stormwater Discharges (MSGP) within the Grand Portage Reservation 

Pursuant to Section 40 I of the Clean Water Act and as described in Section 3.31 (State or 

Tribal Requirements) of the Proposed 2013 MSGP Fact Sheet, the Grand Portage Band of 

Lake Superior Chippewa requests that the following language be included in the final 

MSGP: 

"The following conditions apply to industrial storm water discharges into Waters of the 

Grand Portage Reservation: 

The definitions set forth in the Grand Portage Water Resources Ordinance, as amended, 

("Water Resources Ordinance") govern these certification conditions. 

All industrial storm water discharges authorized by this permit must comply with the 

Grand Portage Water Quality Standards, Applicable Federal Standards, and the Water 

Resources Ordinance. 

Grand Portage reserves the right to require monitoring of storm water discharges as 

determined on a case-by-case basis. If the Grand Portage Environmental Resources 

Board ("Board") determines that a monitoring plan is necessary, the monitoring plan 

must be prepared and incorporated into the Storm Water Pollution Prevention Plan 

("SWPPP") before the SWPPP is submitted to the USEP A. Accordingly, the Board must 

be contacted, at the address listed below, at the onset of writing the SWPPP. 

In addition, a copy of the SWPPP, Notice of Intent ("NO!"), and Notice of Termination 

(NOT) (collectively the "application") must be submitted to the Board at least 30 days 

before submitting the NO! to USEPA. Applications should be sent to the following 

address: 

Grand Portage Environmental Resources Board 

P.O. Box428 

Grand Portage, MN 55605 

Upon receipt of the application, the Board shall order the Grand Portage Enviromnental 

Department (Department) to conduct a technical review of the application materials. If 

necessary, Department staff will send a request for additional information to the applicant 

within 30 days of receipt of the application. 

After considering the application and such other information and data as the Department 

staff deems relevant, the Department Director will evaluate whether there is a reasonable 

probability that the proposed activity will violate the Grand Portage Water Quality 

Standards or any Applicable Federal Standards and recommend one of the following 

preliminary determinations: 
(a) Unconditionally grant coverage under the MSGP; 

(b) Grant coverage under the MSGP subject to certain 

conditions; or 

(c) Deny coverage under the MSGP. 

Within 30 days of the Department Director's recommendation, the Board will provide 

public notice of the application for coverage under the MSGP and the Department 

Director's recommendations. Upon request, the Department will schedule a hearing as 

provided in 40 CFR Part 25. If, after considering the evidence provided at the hearing 

and the entire record, the Board determines by a preponderance of the evidence that the 

proposed activity will violate the Grand Portage Water Quality Standards or any 

Applicable Federal Standards, the Board shall deny eligibility for coverage under the 

MSGP, unless there is a reasonable certainty that compliance can be achieved by the 

applicant's adherence to reasonable conditions. If the Board finds insufficient evidence 

to show that the proposed activity will violate the Grand Portage Water Quality Standards 

or any Applicable Federal Standards, it shall approve coverage under the MSGP. 

Appeals related to water quality certification decisions or permits will be heard hy 

the Grand Portage Tribal Court. 

The applicant is prohibited from discharging into the Waters of the Reservation 

pursuant to the MSGP unless the Board has granted coverage under the MSGP, or 

until the applicant has adhered to conditions required by the Board's conditional 

grant of coverage. 

The Board retains full authority provided by the Water Resources Ordinance to 

ensure compliance with and enforce the provisions of the Water Resource 

Ordinance, the Grand Portage Water Quality Standards, Applicable Federal 

Standards, and these certification conditions." 
PUBLIC NOTICE 

Pursuant to the Clean Water Act, 33 U.S.C. 1251 et seq., the US Environmental 

Protection Agency (EPA) is proposing to reissue the EPA National Pollution Discharge 

Elimination System (NPDES) Multi-Sector General Permit for Storm Water Associated 

with Industrial Activity (MSGP 2013). This MSGP 2013 will replace the MSGP 2008, 

which expired on September 29, 2013. In accordance with the CWA section 401, the 

Grand Portage Water Quality Standards and Water Resources Ordinance, the Grand 

Portage Environmental Resources Board ("Board") has examined the application of the 

MSGP 2013 and determined that the there is reasonable assurance with the conditions 

listed below that the activities associated with this general permit will not violate 

applicable WQS. 

The following conditions apply to industrial storm water discharges into Waters of the 

Grand Portage Reservation: 

The definitions set forth in the Grand Portage Water Resources Ordinance, as amended, 

("Water Resources Ordinance") govern these certification conditions. 

All industrial storm water discharges authorized by this permit must comply with the 

Grand Portage Water Quality Standards, Applicable Federal Standards, and the Water 

Resources Ordinance. 

Grand Portage reserves the right to require monitoring of storm water discharges as 

determined on a case-by-case basis. If the Board determines that a monitoring plan is 

necessary, the monitoring plan must be prepared and incorporated into the Storm Water 

Pollution Prevention Plan ("SWPPP") before the SWPPP is submitted to the USEPA. 

Accordingly, the Board must be contacted, at the address listed below, at the onset of 

writing the SWPPP. 

In addition, a copy of the SWPPP, Notice of Intent (''NOI"), and Notice of Termination 

(NOT) (collectively the "application") must be submitted to the Board at least 30 days 

before submitting the NOI to USEPA. Applications should be sent to the following 

address: 

Grand Portage Environmental Resources Board 

P.O. Box428 

Grand Portage, MN 55605 

Upon receipt of the application, the Board shall order the Grand Portage Environmental 

Department (Department) to conduct a technical review of the application materials. If 

necessary, Department staff will send a request for additional information to the applicant 

within 30 days of receipt of the application. 
After considering the application and such other information and data as the Department 

staff deems relevant, the Department Director will evaluate whether there is a reasonable 

probability that the proposed activity will violate the Grand Portage Water Quality 

Standards or any Applicable Federal Standards and recommend one of the following 

preliminary determinations: 

(a) Unconditionally grant coverage under the MSGP; 

(b) Grant coverage under the MSGP subject to certain 

conditions; or 

(c) Deny coverage under the MSGP, 

Within 30 days of the Department Director's recommendation, the Board will provide 

public notice of the application for coverage under the MSGP and the Department 

Director's recommendations. Upon request, the Department will schedule a hearing as 

provided in 40 CFR Part 25. If, after considering the evidence provided at the hearing 

and tbe entire record, the Board determines by a preponderance of the evidence that the 

proposed activity will violate the Grand Portage Water Quality Standards or any 

Applicable Federal Standards, the Board shall deny eligibility for coverage under the 

MSGP, unless there is a reasonable certainty that compliance can be achieved by the 

applicant's adherence to reasonable conditions. If the Board fmds insufficient evidence 

to show that the proposed activity will violate the Grand Portage Water Quality Standards 

or any Applicable Federal Standards, it shall approve coverage under the MSGP. 

Appeals related to water quality certification decisions or permits will be heard by 

the Grand Portage Tribal Court. 

The applicant is prohibited from discharging into the Waters of the Reservation 

pursuant to the MSGP unless the Board has granted coverage under the MSGP, or 

until the applicant has adhered to conditions required by the Board's conditional 

grant of coverage. 

The Board retains full authority provided by the Water Resources Ordinance to 

ensure compliance with and enforce the provisions of the Water Resource 

Ordinance, the Grand Portage Water Quality Standards, Applicable Federal 

Standards, and these certification conditions."