Public Notice: Water Quality Certification for the Shoshone Utility Organization South Fork Little Wind River Intake project on the Wind River Indian Reservation

Summary

The U.S. Environmental Protection Agency (EPA) received a request from the Shoshone Utility Organization for a Clean Water Act (CWA) Section 401 water quality certification (WQC) for the above project. 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 Eastern Shoshone Tribe and the Northern Arapaho Tribe of the Wind River Indian 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 Part 121.

The proposed project would be covered under U.S. Army Corps of Engineers (USACE) CWA Section 404 Nationwide Permit (NWP) 58 and NWP 13. NWP 58 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. NWP 13 authorizes bank stabilization activities necessary for erosion control or prevention.

A grant of certification with conditions was previously issued by the EPA for this project under NWP 58. However, 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. A copy of the previously issued grant of certification with conditions can be requested by contacting Estella Moore, [email protected] and 303-312-6357.

Project Description

The proposed project will construct a new surface water intake on the north bank of the South Fork of the Little Wind River. Work to be completed under the ordinary high water mark (OHWM) 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. 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. 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.

Applicant

Shoshone Utility Organization

Waterways

South Fork of the Little Wind River

Location

43.005592, -108.963697 in Fremont County, Wyoming within the Wind River Indian Reservation

Public Comment

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 MST on February 20, 2025.

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. Jeffrey Ullman ([email protected] ; 303-312-6329) to request additional information, public notice updates, submit comments or provide additional information relevant to this certification.

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.

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

Erin Martin ([email protected])
Shoshone Utility Organization

Authorized Agent 

Ryan Hammons ([email protected])
HDR Engineering, Inc.
(303) 764-1586

Applicants or Respondents