Public Notice: Water Quality Certification for the Rat Hole and Chipeta Canyon Beaver Dam Analogs Project

Summary

The U.S. Environmental Protection Agency (EPA) received a request from the Bureau of Land Management (BLM) for a Clean Water Act (CWA) Section 401 water quality certification (WQC) for the above project. Section. 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 the Ute Indian Tribe of the Uintah and Ouray Reservation. 

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 for each NWP 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 Regional General Permit (RGP) 16. RGP 16 authorizes the discharge of dredged and/or fill material into waters of the United States for aquatic habitat restoration and enhancement activities under section 404 of the CWA and section 10 of the Rivers and Harbors Act of 1899.

Project Description

Applicant’s Name

Bureau of Land Management (BLM)

Project Location

Rat Hole Canyon (39.5878194, -109.1282583) and Chipeta Canyon (39.5306888, -109.1375805) on the Uintah and Ouray Reservation

Waterways

Rat Hole Canyon and Chipeta Canyon in the Bitter Creek Watershed

The proposed project involves restoration of two Bitter Creek tributaries, Rat Hole Canyon and Chipeta Canyon, in the Uintah and Ouray Reservation. The Rat Hole Canyon activity comprises a 0.54-mile reach that is located approximately 45 miles southeast of the village of Ouray and approximately 9.5 miles northwest of the southeast corner of the Uintah and Ouray Reservation. The Chipeta Canyon activity comprises a 0.61-mile reach that is located approximately 48 miles southeast of the village of Ouray and approximately 6.5 miles northwest of the southeast corner of the Uintah and Ouray Reservation.

The project aims to increase aquatic habitat complexity, reduce sediment transport, increase floodplain connectivity, and improve water quality in source waters of the Bitter Creek Watershed. Approximately 50 beaver dam analog (BDA) structures will be installed in each stream. The BDAs will be comprised of untreated posts (3-inch diameter by 3-feet high) that will extend above the creek bed to approximately bankfull height, which will be intertwined with locally harvested woody material. All work will be conducted by hand using hand tools. Activity will take place during low flow and outside of fish spawning season. Site-specific geomorphic and hydrologic responses to the installed structures will be monitored for one year following implementation to assess their restoration effectiveness. 

The project will temporarily impact 0.01 acres of wetlands in each of Rat Hole Canyon and Chipeta Canyon. It is anticipated that 0.05 acres of wetlands will be created in each of Rat Hole Canyon and Chipeta Canyon.

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 October 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. Contact Jeffrey Ullman, R8CWA401@epa.gov and 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.

Notice of any extension of the comment period will be published on this page and sent to those who have requested updates.

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 n the “How to Comment” box on the righthand side of this webpage.