Public Notice: Clean Water Act Certification for the SH 151 Devil Creek Culvert Repair on the Southern Ute Indian Reservation

Summary

The U.S. Environmental Protection Agency (EPA) received a request from the Colorado Department of Transportation 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 Southern Ute Indian Tribe has authority to provide CWA Section 401 certification for discharges occurring within any lands on the Southern Ute Indian Reservation that are held in trust by the United States for that Tribe. However, neither the State of Colorado nor the Southern Ute Indian Tribe has the authority to provide CWA Section 401 certification for discharges occurring within any lands on the Reservation that are not held in trust by the United States for that Tribe. Because the project is entirely within fee lands within the Southern Ute Indian Reservation, and will not run through trust land, the EPA is the certifying authority.

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) 3. NWP 3 authorizes the discharge of dredged and/or fill material into waters of the United States for repair, rehabilitation or replacement of any previously authorized, currently serviceable structure or fill in waters of the United States under section 404 of the CWA and section 10 of the Rivers and Harbors Act of 1899.

Project Descriptions

The proposed project consists of maintenance to the downstream end of the culvert that conveys Devil Creek under State Highway (SH) 151. The corrugated metal pipe is currently hanging over the stream and experiencing back-cutting under the culvert. Project activities will prevent culvert failure by mitigating erosion and provide better stream connectivity.

A toe wall constructed of stacked rock will be installed at the culvert outlet, which will be keyed approximately 3.5 feet into the existing grade. To ensure the long-term stability of the toe wall, a riprap rundown/apron will be installed at a 4:1 slope originating from the invert (i.e., lowest point) of the existing culvert outlet. The riprap will extend approximately 32 feet horizontally downstream, the first 20 feet of which being above the streambed and the remaining riprap embedded below the grade of the streambed. The excavated stream substrate will be replaced over the sub-surface component of the riprap to return the streambed elevation to its current elevation and grade. The deviation from the currently filled area will be the minimum necessary to ensure continued function of the structure.

A temporary pipe will be connected to the culvert during construction to convey streamflow around the work area. Conservation measures will be employed throughout the project, including use of erosion control measures to prevent disturbed soils from contacting flowing water. All disturbed areas will be re-vegetated with native plant species at the end of the project.

The project will permanently impact less than 0.03 acres of Devil Creek below the ordinary high water mark and less than 0.1 acres of riparian wetlands along the streambank.

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 January 28, 2026.

Project Applicant

Timothy Funk
Colorado Department of Transportation
Timothy.fuk@state.co.us

Public Hearing

 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.