Public Notice: Water Quality Certification for Reissuance of Regional General Permit RGP-8202-08-WY for Fish Habitat Enhancement and Restoration in Wyoming Streams

Summary

The U.S. Environmental Protection Agency (EPA) received a request from the U.S. Army Corps of Engineers (USACE) for a Clean Water Act (CWA) Section 401 water quality certification (WQC). 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 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 Eastern Shoshone Tribe and the Northern Arapaho Tribe of the Wind River Indian Reservation. EPA also acts as the certifying authority on lands of exclusive federal jurisdiction in relevant respects, in this case on lands within Yellowstone National Park.

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 Part 121.

USACE issued its own public notice for RGP-8202-08-RWY on September 27, 2024. Once reissued, the RGP will be valid for a period of five years. The current version of this general permit expires December 31, 2024.

Applicant’s Name: U.S. Army Corps of Engineers (USACE), Omaha District, Wyoming Regulatory Office

Waterways: Waters of Indian country within the exterior boundaries of the Wind River Indian Reservation and waters within Yellowstone National Park.

Project Description

RGP-8202-08-RWY authorizes certain discharges of dredged or fill material into waters of the United States in Wyoming associated with work performed in accordance with terms and conditions as specified in the permit to construct fish habitat restoration and enhancement features. All authorized activities are intended for small-scale aquatic species habitat enhancement, restoration and/or fish passage and barriers. Authorized activities include channel-spanning structures (e.g., cross-vanes), low-tech stream restoration treatments (i.e., beaver dam analogs, Zeedyk structures and post-assisted log structures), bank protection treatments (e.g., J hooks, root wads, toewood and coconut fiber roll/coir log), rock placement, woody debris placement, supplemental spawning gravel, hardened (constructed) riffles, fish barrier structures, fish passage structures, and temporary disturbances to conduct the authorized activity.

Information relating to the reissuance of RGP-8202-08-RWY with associated restrictions and special conditions can be found in the USACE Omaha District website.

Public Comments

Submit comments as described in the “How to Comment” box at the righthand side of this webpage.

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. Contact Estella Moore at [email protected] or 303-312-6357 to request additional information, public notice updates, submit comments or provide additional information relevant to this certification.

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.

Applicants or Respondents