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EPA in North Dakota

Public Notice: Opportunity to Comment on CWA Section 401 Certification for a Boat Ramp Stabilization and Maintenance Project within the MHA Nation

Publish Date: 01/04/2021


The U.S. EPA plans to issue a water quality certification for a CWA Section 404 Nationwide Permit for a proposed boat ramp stabilization and maintenance project at the McKenzie Bay Recreation Area. The CWA Section 401 certification will be issued on behalf of the MHA Nation, North Dakota.

Project Description

EPA received a request from Ms. Shirley Brentrup, of the McKenzie Bay Marine Club 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 Mandan, Hidatsa and Arikara Nation water-quality ordinances. In this case, EPA is the certifying authority on Indian Country lands of the Mandan, Hidatsa and Arikara Nation (MHA Nation), also known as the Three Affiliated Tribes.

The project area currently contains large rip rap adjacent the boat ramp placed under a previous Section 404 permit, though the new permit would include the addition of smaller material to fill voids in the larger material. No wetlands have been identified as impacted within the project area.

Waterways: Lake Sakakawea
Activity: boat ramp stabilization
Location: Latitude 47.596981, Longitude -102.364410

Public Comments

Comment period ends 15 calendar days after the date of publication of this notice. Submit comments as described in the box at right.

Contact Aaron Blair ( using subject line “McKenzie Bay Boat Ramp Stabilization 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 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.

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. For further information, please reach out to Aaron Blair at the contact information above.

Notification and details of any public comment period extension will be posted on this page only. Interested parties on our email list will also be notified by email.

Project Applicant

Shirley Brentrup, President (​
McKenzie Bay Marine Club
(701) 300-0506

Application Agent

Bob Frohlich (
ND Game and Fish Department
(701) 328-6346