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Public Notice: Clean Water Act Certification for the Beaver Dam Trail Hardening Project in Yellowstone National Park

Clean Water Act Certification for the Beaver Dam Trail Hardening Project in Yellowstone National Park
How to Comment
Comments Due
June 21, 2025

Comments on the proposed project or requests for a public hearing must be emailed to R8CWA401@epa.gov using the subject line "401 WQC – NWP 18 – Beaver Dam Trail Hardening."

If you cannot adequately address comments via email, please reach out to Jeffrey Ullman (R8CWA401@epa.gov; 303-312-6329) to discuss alternative arrangements. Do not submit any information you consider to be Confidential Business Information. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. 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.

Publish Date
May 22, 2025

Summary

The U.S. Environmental Protection Agency (EPA) received a request from the National Park Service, Yellowstone National Park 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 on lands of exclusive federal jurisdiction in relevant respects, in this case on lands within Yellowstone National Park. 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) 18. NWP 18 authorizes the discharge of dredged and/or fill material into waters of the United States for the 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 Description

Applicant

Yellowstone National Park

Project Location

44.173862, -110.972892 in Yellowstone National Park

Waterways

The proposed project will repair the Mountain Ash Creek Trail, a backcountry trail used by National Park Service stock and concessionaires. A beaver dam has flooded the trail, creating a 10-foot-long by 7-foot-wide by 3-foot-deep pool within the tributary that is a hazard for stock that use the trail. The trail is currently impassable and remains closed. The project location is approximately 4 miles northeast of the Bechler Ranger Station (5.5 miles by trail).

The project involves the addition of rock to the pond to reduce its depth. Large stone will be placed as an outer retention layer and smaller crushed stone will be used as fill. The total height of the fill within the pool will be 18 inches, which will allow water to continue to flow downstream. Yellowstone National Park staff will conduct all work by hand and with hand tools. A helicopter will carry rock to a staging area that will be 200 feet from the project site in an open meadow.  

The project will impact 0.000688 acres of streambed.

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 MST on June 21, 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 

Yellowstone National Park
Cameron H. Sholly, Superintendent (Cam_Sholly@nps.gov)
(307) 344-2002

Authorized Agent

Bonnie McDonald (bonnie_mcdonald@nps.gov)
Environmental Quality & Compliance
Yellowstone National Park

Permit Number
USACE CWA Section 404 Nationwide Permit 18

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Last updated on May 22, 2025
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