Oregon

Synopsys: If you are doing a federal project or a project on federal land, military base or Indian reservation you need to apply directly to the EPA’s 2012 General Construction Permit (CGP) . Application can be made using EPA e-noi (electronic notice of intent stormwater application) Section 9.3 outlines the overlay of the oversight between EPA & Oregon Department of Enviornmental Quality (DEQ) on Indian lands.

Basic Requirement: EPA Permit & oversight on the project, follow Oregon DEQ requirements for inspection and Stormwater Pollution Prevention Planning (SWPPP). On military bases, the Army Corp of Engineers may already have a permit.

EPA Stormwater Requirements in the State of Oregon
Federal Facilities and Indian Country
EPA Construction General Permit (CGP) Section 9

9.7.2. ORR12000I: Indian country within the State of Oregon.


9.7.2.1 Confederated Tribes of the Umatilla Indian Reservation. The followingconditions apply only to discharges on the Umatilla Indian Reservation:

a. The operator shall be responsible for achieving compliance with the Confederated Tribes of the Umatilla Indian Reservations (CTUIR) Water Quality Standards.

b. The operator shall submit a copy of the Notice of Intent (NOI) to be covered by the general permit to the CTUIR Water Resources Program at the address below, at the same time it is submitted to EPA.

c. The operator shall be responsible for submitting all Stormwater Pollution Prevention Plans (SWPPP) required under this permit to the CTUIR Water Resources Program 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 CTUIR Water Resources Program at the same time it is reported to EPA. Confederated Tribes of the Umatilla Indian Reservation Water Resources Program 46411 Timine Way Pendleton, OR 97801

e. The CTUIR Tribal Historic Preservation Office (THPO) requests copies of each NOI which will define whether or not the undertaking has the potential to affect historic properties, and if so, define the undertaking’s area of potential effect (APE).

f. The THPO must be provided 30 days to comment on the APE as defined in the permit application.

g. 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; and documented using Oregon Reporting Standards. The resulting report must be submitted to the THPO and the THOP must concur with the findings and recommendations before any ground disturbing work can occur. The THPO requires 30 days to review all reports.

h. 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 mitigate effects to historic properties.

i. For more information regarding the specifics of the cultural resources process, see 36 CFR Part 800. Confederated Tribes of the Umatilla Indian Reservation Cultural Resources Protection Program Tribal Historic Preservation Office 46411 Timine Way Pendleton, OR 97801

9.7.2.2 Confederated Tribes of the Warm Springs Reservation of Oregon. The following conditions apply only for discharges on the Warm Springs Reservation:

a. All activities covered by this NPDES general permit occurring within a designated riparian buffer zone as established in Ordinance 74 (Integrated Resource Management Plan or IRMP) must be reviewed, approved and permitted through the Tribe’s Hydraulic Permit Application process, including payment of any applicable fees.

b. All activities covered by this NPDES permit must follow all applicable land management and resource conservation requirements specified in the IRMP.

c. Operators of activities covered by this NPDES general permit must submit a Storm Water Pollution Prevention Plan to the Tribe’s Water Control Board at the following address for approval at least 30 days prior to beginning construction activity: Chair, Warm Springs Water Control Board P.O. Box C Warm Springs, Oregon 97761

d. The operator shall be responsible for achieving compliance with the Water Quality Standards of the Confederated Tribes of the Warm Springs Reservation of Oregon. The operator shall be responsible for reporting an exceedance to Tribal Water Quality Standards to the Water Control Board at the address above.

e. The operator shall submit a copy of the Notice of Intent (NOI) to be covered by the general permit to the CTWS, Branch of Natural Resources, Tribal Environmental Office at the address above, at the same time it is submitted to EPA.

f. The CTWS Tribal Historic Preservation Officer (THPO) requests copies of each NOI which will define whether or not the undertaking has the potential to affect historic properties, and if so, define the undertaking’s area of potential effect (APE).

g. The THPO must be provided 30 days to comment on the APE as defined in the permit application.

h. 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; http://www.nps.gov/history/local-law/arch_stnds_0.htm) and documented using Oregon Reporting Standards (http://egov.oregon.gov/OPRD/HCD/ARCH/arch_pubsandlinks.shtml). The resulting report must be submitted to the THPO and the THOP must concur with the findings and recommendations before any ground disturbing work can occur. The THPO requires 30 days to review all reports.

i. 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 mitigate effects to historic properties.

j.. For more information regarding the specifics of the cultural resources process, see 36 CFR Part 800.