Public Notice: Opportunity to comment on a Clean Water Act Section 401 Water Quality Certification for the "Mni Waste Treated Water Pipeline Project,” under USACE CWA Section 404 Nationwide Permit 58
Summary
The U.S. Environmental Protection Agency (EPA) received a request from Banner Associates on behalf of Mni Wašté Water Company as the company’s authorized agent 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 Cheyenne River Sioux Tribe is not authorized to provide CWA Section 401 certifications for discharges occurring within any lands on the Cheyenne River Sioux Tribe Reservation.
Action
EPA will act on this certification request by October 18, 2024, 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 the U.S. Army Corps of Engineers (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.
Applicant’s Name: Mni Wašté Water Company
Waterways: Unnamed tributaries and wetlands in the Moreau River basin along the project route starting near Eagle Butte, SD north to Timber Lake, SD
Location: 45.008557, -101.157499
Project Description: The proposed project would install distribution lines to improve water delivery to the Cities of Timber Lake and Eagle Butte. The Project would temporarily impact approximately 23.16 acres of wetlands within a 75-foot construction corridor. There will be no permanent impacts to wetlands. The project crosses the Moreau River along State Highway 63. The crossing of the Moreau River will be completed through horizontal directional drilling (HDD). No impacts to the Moreau River are anticipated. Dewatering is not anticipated to be needed, but if needed, will only occur within the bore pit. The anticipated start date of construction is Fall 2024.
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 EPA 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.
Public Comments
Notice of any extension of the comment period will be published on this page. Submit comments as described in the box at right.
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. Do not submit any information you consider to be Confidential Business Information. 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. Notification and details of any public comment period extension will be posted at the public comment web page address only. Interested parties on our email list will also be notified by email. If you are unable to submit electronically or to request additional information, public notice updates, submit comments or provide additional information relevant to this certification, please contact Estella Moore, or the applicant at the contact information provided below.
Estella Moore (R8CWA401@epa.gov)
Life Scientist
Water Division | U.S. Environmental Protection Agency, Region 8
Telephone Number: (303) 312-6357
PROJECT APPLICANT
Mni Wašté Water Company
Mr. Leo A. Fischer
605-964-1025
Agent’s Name:
Banner Associates
Leslie Murphy (Lesliem@bannerassociates.com)
605-696-9155