Public Notice: Water Quality Certification for a Gas Pipeline Project on the Southern Ute Indian Reservation
Summary
The U.S. Environmental Protection Agency (EPA) received a request from the Red Cedar Gathering Company 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:
- granting certification;
- granting certification with conditions;
- denying certification; or
- 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
Red Cedar Gathering Company
Project Location
37.0889297, -107.6557006 on the Southern Ute Indian Reservation
Waterways
Wetlands in the Pine River Watershed
The proposed project will install a natural gas pipeline connecting the Logos Phase II Mancos and Red Cedar pipelines. The pipeline will lie within an existing 50-foot right-of-way that traverses an unnamed intermittent wetland drainage that is approximately 63 feet wide at the crossing point.
Standard trenching practices will be used to install the 10-inch diameter pipeline. The trench will be excavated to a six-foot depth with topsoil and subsoil stockpiled separately outside of the wetland area. Water flow into the drainage, which is supplied from an upstream stock pond, will be shut off during construction activities. The pipeline will undergo hydrostatic testing to ensure it has no leaks and meets operating pressure requirements. The drainage will be regraded to pre-existing contours and revegetated using a native plant seed mixture as soon as practicable following construction activity.
The project will temporarily impact 0.07 acres of wetlands within the construction corridor. No permanent wetland impacts are anticipated. A pre-construction notification to the U.S. Army Corps of Engineers (USACE) is not required for this project since it will not result in the loss of more than 0.1 acres of waters of the United States and the drainage is not perennial.
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 September 18, 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
Edward Mora (emora@redcedargathering.com)
Red Cedar Gathering Company
Authorized Agent
Brenna Kampf (bkampf@sugf.com)
Southern Ute Indian Tribe Growth Fund
[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.