Public Notice: EPA's Clean Water Act (CWA) Section 401 Water Quality Certification on behalf of the Penobscot Indian Nation for the North Loop Road Bridge Replacement & Dam Removal Project

Summary

On October 8, 2026, the Penobscot Indian Nation (PIN) requested a CWA Section 401 Water Quality Certification (WQC) for the project titled: "North Loop Road Bridge Replacement & Dam Removal Project," for which PIN has applied for Nationwide Permit coverage from the U.S. Army Corps of Engineers (USACE), New England District.  

Section 401(a)(1) of the Clean Water Act (CWA) requires applicants for federal licenses or permits that may result in any discharge into waters of the United States to obtain certification or waiver from the certifying authority of the State or Tribe where the discharge would occur.  

Generally, EPA acts as the CWA section 401 certifying authority for federally permitted activities on Tribal Lands on behalf of those Tribal Nations that have not received treatment in a similar manner as a state (TAS) for Clean Water Act section 401 purposes and where no state has been recognized as the 401 certifying authority on Tribal lands. As the CWA section 401 certifying authority for Tribal Lands in New England, EPA Region 1 will issue a decision on the certification request and determine whether discharges from a certified project may affect water quality in neighboring jurisdictions.  

EPA is requesting comments on its Clean Water Act Section 401 water quality certification for this proposed project.  

EPA Region 1 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 121. Learn more information about the EPA's 401 certification process here.  

Applicants or Respondents

CWA section 401 Certification Applicant name: Penobscot Indian Nation

Federal Permitting Authority: US Army Corps of Engineers (USACE)-New England District (Department of the Army)

Location: 45.514869°N, -68.672169°W

CWA section 401 certifying authority: EPA Region 1  

Project Description

Penobscot Indian Nation proposes removal of a manmade earthen dam and stream realignment on tribal land at coordinates 45.514869°N, -68.672169°W. The stream crossing just south of the dam does not provide adequate width per USACE design standards and requires replacement with an adequately sized bridge. The stream alignment will continue up to just downstream of the stream crossing replacement, work to the stream under and surrounding the bridge will be covered by the stream crossing permitting. There will be temporary discharge of material at the coffer dams on each side of the construction area. The total temporary impact area will be approximately 264 square feet, but coffer dams will be removed and returned to original condition at the end of construction. There is a potential need to discharge fill material at each end of the stream realignment to transition between the existing stream and new stream; this is expected to be minimal. The new (reconstructed) stream will be cutting through the earthen dam, and the applicant does not expect any discharge of fill to be required to construct the channel. Riprap will be added around the stream crossing area but will be covered by the stream crossing permit.

A copy of the application is available upon request by contacting Haley Miller (miller.haley@epa.gov), 617-918-1169.