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EPA in Colorado

Public Notice: Opportunity to Comment on CWA Section 401 Certification for a Potable Water Supply Pipeline within the Southern Ute Indian Tribe Reservation

Publish Date: 12/30/2020

Summary

The U.S. Environmental Protection Agency received a request from the La Plata Archuleta Water District (LAPLAWD)for a Clean Water Act Section 401 water quality certification. 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, applicable Southern Ute Indian Tribe water quality ordinances. EPA is the certifying authority for fee lands within the exterior boundaries of the Southern Ute Indian Reservation (SUIR). EPA  plans to issues a water quality certification for a CWA Section 404 Nationwide Permit for a potable water supply buried pipeline. The certification will be issued to the LAPLAWD for their Phase 2C water supply pipeline project elements that occur on fee lands. The CWA Section 401 certification will be issued on behalf of Southern Ute Indian Tribe.

Project Description

The project will build a potable water supply buried pipeline as part of LAPLAWD's Phase 2C water supply pipeline project elements that occur on fee lands within the exterior boundaries of the Southern Ute Indian Reservation.

Applicant: La Plata Archuleta Water District (LAPLAWD)
Agent: Karmen King, Grayling LLC
Waterways: tributary waters to Los Pinos River
Activity: potable water supply pipeline
Location: Starting point latitude 37.202087, longitude -107.622764; Center point latitude 37.181552, longitude -107.627553; End point latitude 37.169247; longitude -107.640091

Activity

The U.S. EPA  plans to issues a water quality certification for a CWA Section 404 Nationwide Permit for a potable water supply buried pipeline. The certification will be issued to the LAPLAWD for their Phase 2C water supply pipeline project elements that occur on fee lands. The CWA Section 401 certification will be issued on behalf of Southern Ute Indian Tribe. The pipeline travels 3.1 miles within the right-of-way (ROW)/road shoulder or within the road prism of the road itself. It begins at the intersection of County Road (CR) 509 with CR 510 and terminates where CR 509A intersects with SW 172. There are no natural setting features to be disturbed; irrigation ditches do occur alongside the CRs which encompass wetlands. These wetlands would be temporarily disturbed from the construction of the pipeline. When the pipeline needs to traverse across either a ditch, or a drainage, the pipeline is bored under these features eliminating any direct or indirect impact to the water feature. This project bisects irrigation canals but does not disturb them directly since they are being bored. Wetlands will be restored real-time during construction and monitored for recovery success.

Public Comments

Comment period ends 30 calendar days after the date of publication of this notice. Submit comments as described in the box at right. EPA must receive comments by 11:59 p.m. on January 29, 2020.

Contact Toney Ott (R8CWA401@epa.gov) using subject line "LAPLAWD Phase 2C Public Notice Comments.” Due to office closures related to the COVID-19 outbreak, at this time there is no opportunity to submit comments via regular mail. If you cannot adequately address comments via email, please reach out to Toney Ott at (303) 312-6909 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.

Due to office closures related to the COVID-19 outbreak, 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.  At this time there is no opportunity to submit comments via regular mail. If you cannot adequately address comments via email, please reach out to Toney Ott at 303-312-6909 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 Ms. Toney Ott or the LAPLAWD agent, Ms. Karmen King at the contact information provided.

APPLICANT AGENT:
Karmen King
Grayling LLC
(970) 565-0278
kking@aquatox.us

PROJECT PROPONENT:
La Plata Archuleta Water District (LAPLAWD)
Edward Tolen/District Manager
(970) 563-0320; (F) (970) 563-0325
etolen@laplawd.org