## GRAND PORTAGE RESERVATION TRIBAL COUNCIL
Norm an W. Dcschampe. Chairm an • Jo hn Morrin

-ViceC h air

m

a n • AprilM cCormi ck- Sccrelaryff rcasurer Marie S pry- Councilwoman • Arvi dD ahl- 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!RA Wt,



### December 30, 2013
Subject: 401 Certification for the ProposedNational Pollutant Discharge Elimination System Multi-Sector General Pennitfor Industrial Storm Water Discharges

Dear Ms. Hedman: Pursuant to Section 3.03 ofthe 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 ofthe Band's Water Quality Standards orApplicable Federal Standards orthat may adversely impact the quality and quantity ofWaters ofthe 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 withits responsibilities and authority underthe Grand Portage Water Quality Ordinance, the Board has evaluated water quality certification for the EPAMultiSector General Pennitfor 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 ofthe Band, its members, and others living onits Reservat ion, and (b) the present and future use ofReservation waters for public and private water supplies, propagation offish 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 ofthe MSGP. The Tribal Council was acting as the Water Resources Board for the Tribeunder Section 2.01(D) ofthe 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 or475-2239 Fax: (218) 475-2284

# ®

GRAND PORTAGE R. T. C.



### This letter confirms that, in accordance with Resolution

## NoJ,-1.3,the Tribe is granting the 401 certification for the MSGP 2013 with conditions. The conditions, which are provided inthe PublicNotice 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. &/3 was adopted afterthe Board provided public notice and an opportunity for apublic hearing. There was no request for public hearing and no comments were received

. There are therefore no responses to comments included inthis certification

.

orman Deschampe hairman

## GRAND PORTAGE RESERVATION TRffiAL COUNCIL

Norman W. D eschampc

- C hai

rma n • John Morrin

-V iceC hairma n • April M cCo rm

ick- Secretary rrreasurer Marie Spr y- C ouncil w

oman • A rvid D a hl

-C ou

n cilma n

RESOLUTION

### No

.

# .3(p

- I

# .3 GRANTING CONDITIONAL 

### 401 CERTIFICATION FORTHE MULTI-SECTOR GENERAL PERMITFORINDUSTRIAL STORMWATERDISCHARGES 

### The GrandPortage Reservation Tribal Council, onbehalfofthe Grand Portage Band ofChippewa, enacts the following resolution: WHEREAS, the governing body ofthe GrandPortage Band ofthe Minnesota Chippewa Tribe is the Reservation Business Committee (also known as the Reservation Tribal Council ("RTC")) pursuant to Article III, Section 2 ofthe Minnesota Chippewa Tribe Constitution; and WHEREAS, the Grand Portage Bandofthe Minnesota ChippewaTribe ("Band") is a federally recognized Indian tribe possessing the inherent sovereign authority ofan independent government; and WHEREAS, the RTC has determined that water pollution endangers the health and welfare ofGrand Portage members and residents ofthe 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 ofthe Band's inherent authority, the RTC enacted the Grand Portage Band ofChippewa Water Resources Ordinance ("Ordinance") on July 25, 2001 and amended it on January 15, 2004 to protect the waters ofthe 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 proposedNational Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit for Storm WaterDischarges Associated with Industrial Activity (MSGP), a copy ofwhich 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 ofthe MSGP is necessary to protect (a) the public health and welfare of the Band, its members, and others living onits Reservation, and (b) the

P.O. Box 428 Grand Portage, Minnesota 55605 (218) 475-2277 or475-2239 Fax: (218) 475-2284

### Page 2 

# ®

- GRAND PORTAGE R. T. 

### C.



### present and future use ofReservation waters for public and private water supplies, propagation offish 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 ofthe MSGP, and directs the Environmental Department to submit the conditional certification ofthe MSGP to EPA for inclusion in Section 9 ofthe final MSGP permit in accordance with the Federal CleanWater 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 ofthe Reservation Tribal Council, a quorum present, he donthe 

## 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 40I ofthe Clean Water Act and as described in Section 3.31 (State or Tribal Requirements) ofthe 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 ofthe 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 stormwater 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 USEPA. Accordingly, the Board must be contacted, at the address listed below, atthe onset ofwriting the SWPPP. In addition, a copy ofthe SWPPP, Notice ofIntent ("NO!"), and Notice ofTermination (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 ofthe application, the Board shall order the Grand Portage Enviromnental Department (Department) to conduct a technical review ofthe application materials. If necessary, Department staffwill send a request for additional information to the applicant within 30 days ofreceipt ofthe application. After considering the application and such other information and data as the Department staffdeems 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 underthe 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 ofthe 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. Ifthe 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 ofthe 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 ofcoverage. 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 etseq., 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 ofthe MSGP 2013 and determined that the there is reasonable assurance with the conditions listed below that the activities associated with this general permit will notviolate applicable WQS. The following conditions apply to industrial storm water discharges into Waters ofthe 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 ofthe SWPPP, Notice ofIntent (''NOI"), and Notice ofTermination (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 ofthe application, the Board shall order the Grand Portage Environmental Department (Department) to conduct a technical review ofthe application materials. If necessary, Department staffwill send a request for additional information to the applicant within 30 days ofreceipt ofthe application.After considering the application and such other information and data as the Department staffdeems 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 ofthe 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. Ifthe Board fmds insufficient evidence to showthatthe 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 orpermits will be heard by the Grand Portage Tribal Court. The applicant is prohibited from discharging into the Waters ofthe 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 ofcoverage. 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."