Public Notice: Water Quality Certification for for the Lower Brule North Ecosystem Restoration Phase 2 Project
Summary
The U.S. Environmental Protection Agency (EPA) received a request U.S. Army Corps of Engineers (USACE), in partnership with the Lower Brule Sioux Tribe (LBST), for a Clean Water Act (CWA) Section 401 water quality certification (WQC). 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.
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 in this case the Lower Brule Sioux Tribe.
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 EPA’s implementing regulations at 40 CFR 121.
This project would be constructed under the authority of Section 203 of the Water Resources Development Act (WRDA) of 2000, as amended (33 U.S.C. § 2269). WRDA authorizes the USACE Civil Works Program for projects to improve the nation’s ports and harbors, inland waterway navigation, flood and storm protection, and other aspects of water resources infrastructure. USACE, in partnership with the LBST, conducted a Final Integrated Feasibility Report and Environmental Assessment to evaluate ecosystem restoration and preservation opportunities along the Missouri River near the community of Lower Brule on the Lower Brule Reservation as part of the Tribal Partnership Program authorized through WRDA. The goal of the project is to abate advancement of shoreline erosion, preserve and protect natural resources, and restore Tribal access to the Missouri River and culturally significant plants and animals.
Project Description
Applicant
U.S. Army Corps of Engineers Omaha District, in partnership with the Lower Brule Sioux Tribe
Project Location
The proposed project is located along the west shoreline of Lake Sharpe, starting north of the town of Lower Brule (44.087289, -99.583750) and extending north/upstream, approximately 6,100 feet (44.104128, -99.585758), in Lyman County, South Dakota, within the Lower Brule Reservation.
Waterways
Lake Sharpe within the Lower Brule Reservation
The Final Integrated Feasibility Report and Environmental Assessment focused on a 3.9 mile stretch of shoreline, broken into four reaches. A CWA section 404(b)(1) Guidelines evaluation was also conducted for these four reaches of shoreline. This certification is for Phase 2 of the project consisting of one of those reaches (Reach 3) as described below:
- Install approximately 6,100 feet of riprap revetment along the shore to prevent further erosion immediately upstream of the Phase 1 project component.
- Construct 30-foot to 250-foot-wide planting benches the length of the shoreline landward of the riprap, creating approximately 21.43 acres of riparian habitat composed of a mosaic of native forest and upland habitats. A gravel maintenance road/walking path would be constructed beside the riprap. All construction for this component would occur landward of the revetment.
- Construct a 920-foot off-shore L-head dike breakwater at the northern end of the reach, which would create 2.98 acres of riparian habitat along the existing peninsula. It is anticipated that approximately 3.58 acres of wetland would form between the breakwater and peninsula following construction. A garden of culturally significant plantings will be created in the riparian habitat, which will be maintained and used by LSBT.
This project would permanently impact approximately 21.97 acres of lakebed below the ordinary high water mark (OHWM) and 2.18 acres of wetland. The restoration activities would result in the creation of approximately 21.43 acres of riparian habitat and 3.58 acres of wetland habitat.
The USACE prepared the design and seeding plans for the wetland and upland areas. LBST will contribute the trees for the project and coordinate their planting. Post-restoration monitoring will be completed for a minimum of 5 years after the project is completed.
Public Comments
Submit comments as described in the “How to Comment” box at the righthand side of this webpage. EPA must receive comments by 11:59 pm on October 3, 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, 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
Rebecca Podkowka (rebecca.l.podkowka@usace.army.mil)
Chief, Environmental Resources Section
Planning Branch
Omaha District, U.S. Army Corps of Engineers
[1] Indian country is defined in 18 U.S.C. Section 1151. Indian country in South Dakota generally includes (1) lands within the exterior boundaries of the following Indian reservations located within South Dakota: the Cheyenne River Reservation, the Crow Creek Reservation, the Flandreau Indian Reservation, the Lower Brule Reservation, the Pine Ridge Reservation, the Rosebud Indian Reservation, the Standing Rock Reservation, and the Yankton Reservation (subject to federal court decisions removing certain lands from Indian country status within the Yankton Reservation); (2) any land held in trust by the United States for an Indian Tribe (including but not limited to the Sisseton-Wahpeton Oyate Tribe); and (3) any other areas that are “Indian country” within the meaning of 18 U.S.C. Section 1151.