Public Notice: Opportunity to comment on a Clean Water Act Section 401 Water Quality Certification for the “Soda Butte Creek Footbridge Emergency Project,” under USACE CWA Section 404 Nationwide Permit 14
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. Where no state agency or Tribe has authority to give such certification, the U.S. Environmental Protection Agency (EPA) is the certifying authority. In this case, acts as the certifying authority on lands of exclusive federal jurisdiction in relevant respects, including Yellowstone National Park.
Action
EPA will act on this certification request by May 27, 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 after the fact authorization if granted would cover the project described below under U.S. Army Corps of Engineers (USACE) CWA Section 404 Nationwide Permit (NWP) 14 which authorizes activities required for crossings of waters of the United States associated with the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, driveways, airport runways, and taxiways) in waters of the United States.
Applicant’s Name: U.S. National Park Service, Yellowstone National Park
Waterways: Soda Cutte Creek in Yellowstone National Park
Location: 44.869294, -110.164750 in Soda Cutte Creek watershed
Project Description: The riverbank supporting the footbridge over Soda Butte Creek at the Lamar River trailhead was calving away. To prevent calving and loss ot the bridge into Soda Butte Creek causing damage to the bridge and the creek, a temporary gabion was installed beginning March 25, 2024. The project assembled a three-tiered rock filled gabion constructed against the eroded riverbank. The gabion is 6 feet wide and 8 feet tall, from riverbed to underside of bridge beams. The gabion baskets were filled with calved embankment material and secured to the bridge with an incorporated brace.
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.
Estella Moore (R8CWA401@epa.gov )
Life Scientist
Water Division | U.S. Environmental Protection Agency, Region 8
Telephone Number: (303) 312-6357
PROJECT APPLICANT
U.S. National Park Service - Yellowstone National Park
Bonnie McDonald (Bonnie_mcdonald@nps.gov)
(307) 250-9404