Public Notice: Water Quality Certification for a Well and Pipeline Installation Project on the Uintah and Ouray Reservation
Summary
The U.S. Environmental Protection Agency (EPA) received a request from the Ute Indian Tribe 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.
The EPA acts as the certifying authority in areas of Indian country[1] on behalf of those Tribes that have not received treatment in a similar manner as a state (TAS) for Section 401, in this case the Ute Indian Tribe of the Uintah and Ouray Reservation.
The EPA 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.
The proposed project would be covered under U.S. Army Corps of Engineers (USACE) CWA Section 404 Nationwide Permit (NWP) 58. NWP 58 authorizes the discharge of dredged and/or fill material into waters of the United States for utility line activities for water and other substances and addresses impacts to waters of the U.S. from pipeline activities that are not related to oil, natural gas, or petrochemicals under section 404 of the CWA and section 10 of the Rivers and Harbors Act of 1899.
Project Description
Applicant
Ute Indian Tribe
Project Location
40.414828, -109.914358 on the Uintah and Ouray Reservation
Waterways
Uinta River Watershed
The proposed project will drill three water wells and install a 1,500-foot water transmission pipeline to expand water delivery to residents of the Uintah and Ouray Reservation. The pipeline will connect to the current drinking water infrastructure serviced by the Uriah Heeps Water Treatment Plant. The project area is located approximately 9 miles northeast of Roosevelt, situated between the East Channel Uinta River and the West Channel Uinta River.The water distribution pipeline, consisting of 8-inch-diameter high-density polyethylene (HDPE) pipe, will be installed through a 30-foot-wide construction corridor applying traditional open cut trenching techniques. The pipeline will cross one primary irrigation ditch and two laterals, which will have flow shut off during the construction period so no water will be present. The trench will be benched to sufficient depth under the irrigation ditches and have a flowable fill concrete layer installed to prevent water loss from the ditches, which will then be covered with native fill. Temporarily impacted areas from the open cut trenching will be backfilled with native soil, returned to their original grade and revegetated upon project completion. The pipeline construction corridor will cross 97 feet of palustrine wet meadow wetlands, which will be revegetated with a native wetland seed mixture. Work will be conducted when the site is dry, and dewatering will not be required. The wells will be drilled in upland areas.
The project will temporarily impact 0.013 acres of wetlands within the construction corridor. No permanent wetland impacts are anticipated.
Public Comments
Submit comments as described in the “How to Comment” box at the righthand side of this webpage. The EPA must receive comments by 11:59 pm on July 11, 2025.
All comments received prior to the end of the comment period will be considered in the preparation of the Clean Water Action Section 401 Water Quality Certification and will be part of the administrative record. Jeffrey Ullman (R8CWA401@epa.gov ; 303-312-6329) to request additional information, public notice updates, submit comments or provide additional information relevant to this certification.
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.
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.
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 Administrator, in his or her discretion, 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.
Project Applicant
Chairman Shaun Chapoose (shaunc@utetribe.com)
Ute Indian Tribe
Authorized Agent
Bridget Atkin (bridget@outlaw-enginering.com)
Outlaw Engineering
[1] Indian country is defined in 18 U.S.C. Section 1151. Indian country generally includes (1) lands within the exterior boundaries of Indian reservations; (2) any land held in trust by the United States for an Indian tribe; and (3) any other areas that are “Indian country” within the meaning of 18 U.S.C. Section 1151.