The U.S. Environmental Protection Agency will accept comments through Feb. 20 regarding a request from the Shoshone Utility Organization for a Clean Water Act Section 401 water quality certification for the South Fork Little Wind River Intake project on the Wind River Reservation.
The proposed project will construct a new surface water intake on the north bank of the South Fork of the Little Wind River, according to the EPA description, which says work to be completed under the ordinary high water mark includes excavation for the concrete intake structure and placement of gabions to protect the intake structure.
A cofferdam will be used to dewater the area immediately surrounding the intake structure, the description states; gabions will be placed to either side of the intake structure, backfilled landward, and existing riprap from excavated areas will be placed along the bottom of the channel at the base of the gabion baskets.
Construction will occur during low flow, according to the description, and the project will result in 0.1 acre of temporary impacts due to construction access and placement of the cofferdam and 0.004 acres of permanent impacts from the placement of the intake structure and gabion baskets in the South Fork of the Little Wind River.
Clean Water Act
Section 401(a)(1) of the Clean Water Act requires applicants for federal permits and licenses that may result in any discharge into waters of the United States to obtain certification or waiver from the certifying authority where the discharge would originate, according to the EPA, which acts as the certifying authority in areas of Indian country on behalf of those Tribes that have not received treatment in a similar manner as a state for Section 401 – in this case the Eastern Shoshone Tribe and the Northern Arapaho Tribe of the Wind River Reservation.
The EPA says it will act on this certification request by either granting certification, granting certification with conditions, denying certification, or expressly waiving certification consistent with CWA Section 401 and the EPA’s implementing regulations at 40 CFR Part 121.
The proposed project would be covered under U.S. Army Corps of Engineers Clean Water Act Section 404 Nationwide Permit 58, which authorizes utility line activities for water and other substances and addresses impacts to Waters of the U.S. from pipeline activities that are not related to oil, natural gas, or petrochemicals, and Nationwide Permit 13, which authorizes bank stabilization activities necessary for erosion control or prevention.
The EPA previously issued a grant of certification with conditions for this project under NWP 58, but the USACE subsequently issued authorization for the project under NWP 58 in combination with NWP 13, requiring another request for certification to include both permits, according to the EPA.
A copy of the previously issued grant of certification with conditions can be requested by contacting Estella Moore at R8CWA401@epa.gov or (303) 312-6357.
How to comment
To comment on the proposed action, email R8CWA401@epa.gov with the subject line “401 WQC – NWP 58 and 13 – SUO Intake Project.”
Comments should not include any information considered to be confidential business information, and multimedia submissions (audio, video, etc.) must be accompanied by a written comment.
All comments received prior to the end of the comment period will be considered in the formulation of any final certification and will be part of the administrative record.
During the comment period, any person may also submit a written request that a public hearing be held to consider this application; if the administrator determines that a public hearing is appropriate or necessary, the EPA will schedule one.
For more information, contact Jeffrey Ullman at R8CWA401@epa.gov or (303) 312-6329.