Public Notice: Opportunity to Comment on CWA Section 401 Certification for a U.S. Army Corps of Engineers, Montana Regulatory Office Regional General Permit 02 for Tribal Lands in Montana where EPA is Certifying Authority
Summary
The Environmental Protection Agency (EPA) received a request from the US Army Corps of Engineers (USACE) – Montana Regulatory Office, 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 discharges into waters of the United States to obtain certification that the discharge will comply with applicable provisions of the CWA, and in this case, all applicable Indian Country water quality ordinances in Montana. In this case, EPA is the certifying authority on Indian Country lands of tribes that have not yet received treatment as a state (TAS) approval for CWA Section 401 in Montana.
EPA plans to issue a water quality certification for a CWA Section 404 Regional General Permit (RGP) 02 for discharges of dredged or fill material into waters of the United States, including wetlands for projects designed to manage the movement of aquatic species populations, permanently or temporarily, for conservation or management purposes. The CWA Section 401 certification will be issued to the USACE on behalf of tribes in Montana that have not yet received TAS approval for CWA Section 401.
Project Description
The RGP authorizes the discharge of dredged and/or fill material into waters of the U.S. and/or work or structures in navigable waters of the U.S. for projects designed to manage the movement of aquatic species populations, permanently or temporarily, for conservation or management purposes. Authorized activities may include, but are not limited to:
- Construction or installation of temporary or permanent* fish screens or barriers to prevent fish and aquatic species entrainment in irrigation facilities, hydroelectric facilities, water intakes, etc.
- Construction or installation of temporary or permanent* barriers to isolate populations of desired species or exclude populations of undesired species from aquatic systems or portions of a system.
- Construction or installation of temporary or permanent* live traps, holding boxes, or counting devices (chutes, weirs, gates, etc.) intended to benefit aquatic organism conservation, restoration, and management goals such as improving or monitoring the passage for desirable species and/or controlling the passage of undesired species from aquatic systems.
- Temporary structures, fills, and work, including the use of temporary mats, necessary to construct the activities authorized by this permit. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. After construction, temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The areas affected by temporary fills must be revegetated, as appropriate.
- Other activities not specifically listed may be authorized on a case-by-case basis.
* Proposals for permanent barriers must include an evaluation of maintenance needs associated with the screen or barrier, including bedload/debris accumulation.
Applicant: US Army Corps of Engineers – Montana Regulatory Office
Waterways: Waters of the United States in the state of Montana.
Activity: Projects designed to manage the movement of aquatic species populations, permanently or temporarily, for conservation or management purposes
Location: Montana
Public Issue Date: September 2023
Expiration Date: September 2023
Public Comments
Submit comments as described in the box at right. EPA must receive comments by 11:59 p.m. on October 1, 2023.
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. If you cannot adequately address comments via email, please reach out to Aaron Blair at 303-312-6883 to discuss alternative arrangements. 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. For further information, please reach out to Aaron Blair, the applicant, or applicant agent at the contact information provided.
PROJECT APPLICANT:
USACE
Jerin E. Borrego
406-417-1370
Jerin.E.Borrego@usace.army.mil