Public Notice: Opportunity to Comment on Clean Water Act Certification for Repair of an Existing Fish Barrier in Yellowstone National Park
Summary
The U.S. Environmental Protection Agency (EPA) received a request from the National Park Service, Yellowstone National Park, 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 on lands of exclusive federal jurisdiction in relevant respects, in this case on lands within Yellowstone National Park.
Action
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 Regional General Permit (RGP) 8202-07-RWY for aquatic species habitat enhancement and restoration authorizes certain discharges of dredged and fill material for small scale, aquatic species habitat enhancement and restoration projects, provided those activities result in a net increase in aquatic resource functions and services. RGP 8202-07-RWY also authorizes discharges of dredged and fill material for the purpose of facilitating fish passage or for the purpose of inhibiting upstream or downstream migration of undesirable aquatic species. The proposed project under RGP 8202-07-RWY is to repair an existing fish barrier that was built in 2016. The time limit for work authorized under RGP 8202-07-RWY ends on December 31, 2024.
Applicant’s Name: Yellowstone National Park
Agent's Name: Yellowstone Center for Resources
Waterways: Slough Creek in Yellowstone National Park
Location: 44.955289, -110.289058, in Yellowstone National Park
Project Description:
The proposed project is to repair a blown out overflow wall on the existing Slough Creek fish barrier. The barrier prevents introduced rainbow trout from moving upstream and interbreeding with native Yellowstone Cutthroat Trout. The fish barrier repair would allow Yellowstone National Park to maintain the outstanding remarkable values of Slough Creek’s wild and scenic classification. The project would replace an approximately 10-foot by 20-foot portion of the original stone and concrete barrier with a structure made of poured concrete and rebar. Hand and power tools would be used to complete the work; no heavy equipment will be used in the creek. Due to the remote location, a helicopter will transport supplies, materials (including cement), tools and equipment to the site without landing. Less than 1/16 of an acre will be disturbed.
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 and details of any extension of the comment period will be published on this page. Interested parties on our email list will also be notified by email. 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. If you cannot adequately address comments via email, please reach out to Estella Moore at R8CWA401@epa.gov or 303-312-6357 to discuss alternative arrangements.
Project Applicant's Name
Yellowstone National Park
Cameron H. Sholly, Superintendent (Cam_sholly@nps.gov)
(307) 344-2002
Authorized Agent's Name
Bonnie McDonald, Outdoor Recreation Planner (Bonnie_mcdonald@nps.gov)
Yellowstone Center for Resources