Public Notice: Opportunity to comment on Clean Water Act Certification for the Yellowstone Dam Removal and River Restoration Project in Utah
Summary
The U.S. Environmental Protection Agency (EPA) received a request from Redfish Environmental on behalf of Moon Lake Electric Association as its authorized agent 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 been approved for treatment in a similar manner as a state (TAS) for Section 401, in this case, the Ute Indian Tribe of the Uintah & Ouray Reservation.
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.
Applicant’s Name: Moon Lake Electric Association
Agent's Name: Redfish Environmental
Waterways: Yellowstone River within the southern portion of the Uintah and Ouray Reservation (also known as the Uncompahgre Reservation)
Location: 40.576094, -110.32666 in Duchesne County, Utah
Project Description:
The proposed project would be authorized under NWP 27 for Aquatic Habitat Restoration, Enhancement, and Establishment Activities. Moon Lake Electric Association proposes to remove Yellowstone Dam, abutments, intake structure, and associated facilities, penstock, and fishing dock, and restore the Yellowstone River through the reach previously occupied by the dam and reservoir. Yellowstone Dam consists of a 15 foot high, 313 foot long timber, rock and steel composite impoundment that impounds a small reservoir (3.8 acres). Waters of the United States impacted within the project area include 1.12 acres of permanent fill for in-stream bioengineered design including toe wood “J” hooks and boulder constructed riffles, etc., and 8.66 acres of temporary impacts. Conversion of approximately 3.57 acres of open water habitat to approximately 0.94 acres of perennial riverine habitat (about 1,100 linear feet), 2.24 acres of palustrine scrub-shrub wetlands, and 0.39 acres of palustrine emergent wetlands will restore the Yellowstone River through the project area.
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
Pat Corun (Pcorun@mleainc.com)
Moon Lake Electric Association
(435) 722-5406
Authorized Agent
Erik Rissler (Erissler@eredfish.com)
Redfish Environmental
(720) 587-9501