Public Notice: Water Quality Certification of Toppenish Creek Levee Removal
Summary
On May 27, 2025, EPA received a request from the Yakama Nation Fisheries Program for a water quality certification for the Toppenish Creek 3-Way Levee Removal Phase II project (U.S. Army Corps of Engineers Seattle District project number NWS-2025-322).
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 Clean Water Act. Where no state agency or Tribe has authority to give such certification, EPA is the certifying authority.
In this case, the proposed project is within the Yakama Reservation. Therefore, EPA is the certifying authority for this proposed project.
According to the application, the Yakama Nation Fisheries Program proposes to impact wetlands and waters in order to conduct habitat restoration. The project is located in Toppenish Creek in Yakima County, Washington (latitude 46.324948, longitude -120.774457).
EPA is requesting comments on its Clean Water Act Section 401 water quality certification of this proposed project.
Project description
The Yakama Nation Fisheries Program proposes to impact approximately one river mile (RM 42.1 – 43.1) by excavating approximately 104,708 cubic yards and discharging approximately 10,259 cubic yards of fill material.
The project will remove approximately 0.4 miles of remaining levee segments and reconstruct a channelized segment of stream to reduce bank erosion, improve groundwater retention, increase infiltration, and preserve Tribal resources.
Approximately 600 pieces of wood will be used as fill material to increase floodplain roughness and construct log jams, and approximately 28,000 cubic yards of material will be reused at a separate downstream restoration project.
A copy of the application is available upon request by contacting Jeff Brittain (brittain.jeffrey@epa.gov), 206-553-0532.