Public Notice: Opportunity to comment on Clean Water Act (CWA) Section 401 Water Quality Certification for the Hanna Water and Sewer District Water System Expansion Project on the Uintah and Ouray Reservation
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 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 Ute Indian Tribe of the Uintah and Ouray Reservation.
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.
The proposed project would be covered under USACE CWA Section 404 Nationwide Permit (NWP) 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.
Project Location
The proposed roject is located near Tabby Swale Road along the Duchesne River in Duchesne County, Utah within the Uintah and Ouray Reservation (40°24'54.98"N 110°46'57.49"W).
Waterways: Duchesne River
Project Description
The proposed project will install approximately 9,421 linear feet of culinary water line to expand services to the Hanna Water Service Area near the Tabby Swale Road along the Duchesne River. An open cut trench under existing gravel and asphalt roadways will be used to install a high-density polyethylene casing for a polyvinyl chloride water pipeline. The trench will be filled with compacted bedding material, and then backfilled with granular material. The portion of the trench within the river channel will be layered with 3 feet of rip rap over a filter fabric to match existing channel contours. The portions of the trench outside of the river channel will be topped with an erosion control mat and re-seeded with native seed. Heavy machinery will be used and will be properly cleaned prior to construction. Fueling and cleaning of heavy machinery will occur off-site and away from any steam channels. Work will be completed in low flow conditions and cannot be conducted between October 15-November 15 to protect aquatic life. Dewatering will be completed for the river crossing using cofferdams. Best management practices will be utilized for sediment and erosion control so that excavated material and construction debris will not be wasted in any stream channel or placed in flowing waters, including grease, oil, joint coating, or other possible pollutants. A total of 140 cubic yards of backfill and riprap will be used for this project, impacting 0.03 acres of Waters of the U.S.
Public Comments
Submit comments as described in the “How to Comment” box on the righthand side of this webpage. The EPA must receive comments by 11:59 pm MDT on October 15, 2024.
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, [email protected] and 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.
Project Applicant
Wendy Roberts
Hanna Water and Sewer District ([email protected])
(435) 322-0508
Authorized Agent
Chuck Richins ([email protected])
Horrocks
(435) 503-2042
Applicants or Respondents
U.S. Army Corps of Engineers Sacramento DistrictUnited States