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Public Notice: Water Quality Certification of Toppenish Creek Restoration

Water Quality Certification of Toppenish Creek Restoration
How to Comment
Comments Due
June 21, 2025

Please submit your comments by email to R10-401-Certs@epa.gov on or before June 21 at 5pm (Pacific time).

If you are unable to submit comments by email, or if you need other assistance, please contact Jeff Brittain at 206-553-0532.

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.

Publish Date
May 22, 2025

Summary

On March 31, 2025, EPA received a request from the Confederated Tribes and Bands of the Yakama Nation for a water quality certification for the Pom Pom (RM40) Restoration Project (U.S. Army Corps of Engineers Seattle District project number NWS-2025-295).

Section 401(a)(1) of the Clean Water Act requires applicants for federal permits and licenses that may result in discharges into waters of the United States to obtain certification that the discharge will comply with applicable provisions of the Clean Water Act. Where no state agency or Tribe has authority to give such certification, EPA is the certifying authority.

In this case, the proposed project is within the Yakama Reservation. Therefore, EPA is the certifying authority for this proposed project.

According to the application, the Confederated Tribes and Bands of the Yakama Nation proposes to impact wetlands and waters in order to reconnect floodplain processes, reactivate historic channels, and improve fish passage. The project is located in Toppenish Creek and adjacent wetlands and waters in Yakima County, Washington (latitude 46.338889, longitude -120.711634).

EPA is requesting comments on its Clean Water Act Section 401 water quality certification for this proposed project.

Project Description

The Confederated Tribes and Bands of the Yakama Nation proposes to impact approximately 0.08 acres of wetlands and 0.90 acres of waters by excavating approximately 217 cubic yards and discharging approximately 37,830 cubic yards of fill material.

The project elements include:

  • Installation of a new 150’ single-span bridge and three 21’ diameter concrete culverts.
  • Removal of an existing culvert.
  • Plugging off incised channels and reactivation of historic channels.
  • Floodplain and channel roughening.
  • Placement of engineered large wood.
  • Revegetation.
  • Construction of exclusion fencing.

A copy of the application is available upon request by contacting Jeff Brittain (brittain.jeffrey@epa.gov), 206-553-0532.

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Last updated on May 22, 2025
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