(Fremont County, WY) – The U.S. Environmental Protection Agency is accepting comments through Oct. 18 regarding a request 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 project applicant is the Shoshone Utility Organization, which is proposing to construct a new surface water intake on the north bank of the South Fork of the Little Wind River, according to the EPA.
“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,” the project description states. “A cofferdam will be used to dewater the area immediately surrounding the intake structure. 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 project description, which says the work 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.
Certification request
The EPA says it received the request for the water quality certification from the U.S. Army Corps of Engineers.
“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,” the EPA explained.
The EPA noted that it 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.
The EPA says it will act on the 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 USACE CWA 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,” the EPA said.
Public comment
Members of the public can comment on the proposed action in writing by emailing R8CWA401@epa.gov with the subject line “401 WQC – NWP 58 – SUO Intake Project,” the EPA said.
“Do not submit any information you consider to be confidential business information,” the EPA said. “Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make.”
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, according to the EPA.
In addition, the EPA said, “any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.”
“If the Administrator, in his or her discretion, determines that a public hearing is appropriate or necessary, the EPA will schedule a public hearing,” the EPA said.
Public hearing requests may be submitted to R8CWA401@epa.gov.
For more information – or to request public notice updates, submit comments, or provide additional information relevant to the certification – call Estella Moore at (303) 312-6357.