Washington

WAR12000F Areas in the State of Washington, except those located on Indian country, subject to construction activity by a Federal Operator


Basic Requirement: EPA Permit & oversight on the project, follow Washington State DOE requirements for inspection and Stormwater Pollution Prevention Planning (SWPPP). No DOE stormwater monitoring or reporting is required, but is strongly recommended. On military bases, the Army Corp of Engineers may already have a permit.

EPA Stormwater Requirements in the State of Washington


Federal Facilities and Indian Country


EPA Construction General Permit (CGP) Section 9


9.7.3. WAR12000F:

Areas in the State of Washington, except those located on Indian country, subject to construction by Federal Operators are not eligible for coverage under this permit. Contact EPA Region 10 for an individual permit application.

9.7.4. WAR12000I:Indian country within the State of Washington

9.7.4.1 Kalispel Tribe. The following conditions apply only for discharges on the Kalispel Reservation:

a. The operator shall be responsible for achieving compliance with the Kalispel Tribe’s Water Quality Standards, and;

b. The operator shall submit a copy of the Notice of Intent (NOI) to be covered by the general permit to the Kalispel Tribe Natural Resources Department (KNRD) at the same time as it is submitted to the EPA, and;

c. The operator shall submit all Storm Water Pollution Prevention Plans (SWPPP) to KNRD thirty (30) days prior to beginning any discharge activities for review, and;

d. The operator shall be responsible for reporting any exceedance of Tribal Water Quality Standards to KNRD at the same time it is reported to EPA, and;

e. Prior to any land disturbing activities on the Kalispel Indian Reservation and its dependent communities, the operator shall attain a cultural resource clearance letter from KNRD.

f. All tribal correspondence pertaining to the General Permit for Discharges from Construction Activities shall be sent to:


Kalispel Tribe Natural Resources Department Water Resources Program
PO Box 39
Usk, WA 99180

9.7.4.2 Lummi Nation. The following conditions apply only for discharges on the Lummi Reservation:

a. Pursuant to Lummi Code of Laws (LCL) 17.05.020(a), the operator must also obtain a land use permit from the Lummi Planning Department as provided in Title 15 of the Lummi Code of Laws and regulations adopted thereunder.

b. Pursuant to LCL 17.05.020(a), each operator shall develop and submit a Stormwater Pollution Prevention Plan to the Lummi Water Resources Division for review and approval by the Water Resources Manager prior to beginning any discharge activities.

c. Pursuant to LCL Title 17, each operator shall be responsible for achieving compliance with the Water Quality Standards for Surface Waters of the Lummi Indian Reservation (Lummi Administrative Regulations [LAR] 17 LAR 07.010 together with supplements and amendments thereto).

d. Each operator shall submit a signed hard copy of the Notice of Intent (NOI) to the Lummi Water Resources Division at the same time it is submitted electronically to the Environmental Protection Agency (EPA) and shall provide the Lummi Water Resources Division the acknowledgement of receipt of the NOI from the EPA and the associated NPDES tracking number provided by the EPA within 7 calendar days of receipt by EPA.

e. Each operator shall submit a signed hard copy of the Notice of Termination (NOT) to the Lummi Water Resources Division at the same time it is submitted electronically to the EPA and shall provide the Lummi Water Resources Division the EPA acknowledgement of receipt of the NOT.

f. Stormwater Pollution Prevention Plans, Notice of intent, Notice of Termination and associated correspondence with the EPA shall be submitted to:


Lummi Natural Resources Department

ATTN: Water Resources Manager

2616 Kwina Road

Bellingham, WA 98226-9298


g. Please see the Lummi Nation website and/or the Lummi Natural Resources Department website to review a copy of Title 17 of the Lummi Code of Laws, associated regulations, and the references upon which the conditions identified above are based.

9.7.4.3 Makah Tribe. The following conditions apply only for discharges on the Makah Reservation:

a. The operator shall be responsible for achieving compliance with the Makah Tribe’s Water Quality Standards.

b. The operator shall submit a Storm Water Pollution Prevention Plan to the Makah Tribe Water Quality Program and Makah Fisheries Habitat Division for review and approval at least thirty (30) days prior to beginning any discharge activities.

c. The operator shall submit a copy of the Notice of Intent to the Makah Tribe Water Quality Program and Makah Fisheries Habitat Division at the same time it is submitted to EPA.

d. Storm Water Pollution Prevention Plans and Notices of Intent shall be submitted to:


Ray Colby (360) 645-3162 colby.ray@centurytel.net

Makah Tribal Water Quality Water Quality Specialist

PO Box 115

Neah Bay, WA 98357

9.7.4.4 Puyallup Tribe of Indians. The following conditions apply only for discharges on the Puyallup Reservation:

a. Each permittee shall be responsible for achieving compliance with the Puyallup Tribe’s Water Quality Standards, including antidegradation provisions. The Puyallup Natural Resources Department will conduct an antidegradation review for permitted activities that have the potential to lower water quality. The antidegradation review will be consistent with the Tribe’s Antidegradation Implementation Procedures.

b. The permittee shall be responsible for meeting any additional permit requirements imposed by EPA necessary to comply with the Puyallup Tribe’s antidegradation policies if the discharge point is located within 1 linear mile upstream of waters designated by the Tribe.

c. Each permittee shall submit a copy of the Notice of Intent (NOI) to be covered by the general permit to the Puyallup tribal Natural Resources Department at the address listed below at the same time it is submitted to EPA.

Puyallup Tribe of Indians

ATTN: Natural Resources Department – Bill Sullivan and Char Naylor

3009 E. Portland Avenue

Tacoma, WA 98404


d. All supporting documentation and certifications in the NOI related to coverage under the general permit for Endangered Species Act purposes shall be submitted to Bill Sullivan and Char Naylor in the Puyallup Tribal Natural Resources Department for review.

e. If EPA requires coverage under an individual or alternative permit, the permittee shall submit a copy of the permit to Bill Sullivan and Char Naylor in the Puyallup Tribal Natural Resources Department at the address listed above.

f. The permittee shall submit all stormwater pollution prevention plans to Bill Sullivan and Char Naylor in the Puyallup Tribal Natural Resources Department for review and approval prior to beginning any activities resulting in a discharge to tribal waters.

g. The permittee shall conduct benchmark monitoring for turbidity and nutrients, complying with Section 3 monitoring requirements.

h. The permittee shall notify Bill Sullivan and Char Naylor prior to conducting inspections at construction sites generating stormwater discharged to tribal w