Public Notice: Opportunity to comment on Clean Water Act (CWA) Section 401 Water Quality Certification for the Lower Brule North Ecosystem Restoration Project on the Lower Brule Reservation
Summary
The U.S. Environmental Protection Agency (EPA) received a request from the U.S. Army Corps of Engineers (USACE), in partnership with the Lower Brule Sioux Tribe (LBST), for a Clean Water Act (CWA) Section 401 water quality certification (WQC). Section 401(a)(1) of the CWA 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 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 (TAS) for Section 401, in this case the Lower Brule Sioux Tribe.
The EPA will act on this certification request by either: (1) granting certification; (2) granting certification with conditions; (3) denying certification; or (4) expressly waiving certification consistent with CWA Section 401 and the EPA’s implementing regulations at 40 CFR 121.
This project would be constructed under the authority of Section 203 of the Water Resources Development Act (WRDA) of 2000, as amended (33 U.S.C. § 2269). WRDA authorizes the USACE Civil Works Program for projects to improve the nation’s ports and harbors, inland waterway navigation, flood and storm protection, and other aspects of water resources infrastructure. USACE, in partnership with the LBST, conducted a Final Integrated Feasibility Report and Environmental Assessment to evaluate ecosystem restoration and preservation opportunities along the Missouri River near the community of Lower Brule on the Lower Brule Reservation as part of the Tribal Partnership Program authorized through WRDA. The goal of the project is to abate advancement of shoreline erosion, preserve and protect natural resources, and restore Tribal access to the Missouri River and culturally significant plants and animals.
Project Location
The proposed project is located along the west shoreline of Lake Sharpe, adjacent to the town of Lower Brule (44.074563, -99.579298) and extending north/upstream approximately 5,190 feet (44.084533, -99.582177), in Lyman County, South Dakota, within the Lower Brule Reservation.
Waterways: Lake Sharpe within the Lower Brule Reservation
Project Description
The Final Integrated Feasibility Report and Environmental Assessment focused on a 3.9 mile stretch of shoreline, broken into four reaches. A CWA section 404(b)(1) Guidelines evaluation was also conducted for these four reaches of shoreline. This certification is for two of those reaches (Reach 1 and 2) and a portion of Reach 3 as described below:
- Reach 1: Construction of a 100-foot wide and about 450 foot long planting bench and a gravel maintenance and walking trail on uplands behind the existing Bureau of Reclamation revetment. Approximately 4.5 acres of riparian habitat would be created. All construction in this reach would occur landward of the revetment and no placement of fill would occur below the ordinary high water mark (OHWM).
- Reach 2: Construction of a 100-foot-wide planting bench along 2,400 feet of shoreline, a gravel maintenance and walking trail, and a 2,400-foot-long offshore breakwater with a 50-foot-wide planting bench. Approximately 8 acres of riparian habitat and 8.8 acres of emergent wetland would be created. Approximately 12,900 tons of spall would be placed in a line parallel to the shore at the approximate 3-foot depth contour. Approximately 5,000 cubic yards of clay will be placed on top of the spalls along the riverward side. About 17,598 tons of riprap will be placed on the riverward face of the clay fill, and an additional 18,015 cubic yards of random fill will be placed on top of the spalls to build a 15-foot wide road.
- Southern end of Reach 3: Placement of riprap and willow poles along approximately a 100 foot wide and 700 feet long shoreline planting bench immediately upstream of the breakwater in Reach 2. Approximately 3,500 tons of riprap will be placed with about 1.33 acres impacted below the ordinary high water mark (OHWM).
This project would permanently impact approximately 8.78 acres of lacustrine habitat below the OHWM and 0.22 acres of emergent wetland. The proposed bank stabilization activities would protect approximately 2,775 linear feet of shoreline from continued erosion. The restoration activities would result in the creation of approximately 12.5 acres of riparian habitat and 8.8 acres of wetland habitat.
The USACE prepared the design plans and seeding plans for wetland areas, upland areas, and the herbaceous seeing between tree rows. The LBST will contribute the trees for the project and coordinate their installation. Post-restoration monitoring will be completed for a minimum of 5 years after the project is completed.
Public Comments
Submit comments as described in the “How to Comment” box at the righthand side of this webpage. The EPA must receive comments by 11:59 pm MDT on October 8, 2024.
At this time there is no opportunity to review the submitted material and documents in person at an EPA office. These documents are only available electronically and can be provided upon request. All comments received prior to the end of the comment period will be considered in the preparation of the Clean Water Action Section 401 Water Quality Certification and will be part of the administrative record.
When commenting via email, use the subject line “401 WQC – Lower Brule North Ecosystem Restoration Project”. If you cannot adequately address comments via email or to request additional information, public notice updates, submit comments or provide additional information relevant to this certification, please reach out to Estella Moore, [email protected] and 303-312-6357 to discuss alternative arrangements.
Notice of any extension of the comment period will be published on this page and sent to those who have requested updates.
Public Hearings
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. You may request a public hearing using the information in the “How to Comment” box on the righthand side of this webpage.
Project Applicant
Rebecca Podkowka ([email protected])
Chief, Environmental Resources Section
Planning Branch
Omaha District, U.S. Army Corps of Engineers
Applicants or Respondents
U.S. Army Corps of Engineers Omaha District, in partnership with the Lower Brule Sioux TribeUnited States