Public Notice: Water Quality Certification for Two Bridge Replacement Projects on the Rosebud Sioux Tribe Indian Reservation
Summary
The U.S. Environmental Protection Agency (EPA) received a request from the Rosebud Sioux Tribe Transportation Office for a Clean Water Act (CWA) Section 401 water quality certification (WQC) for the above projects. 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 Rosebud Sioux Tribe of the Rosebud Sioux Tribe Indian Reservation.
- 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.
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
Rosebud Sioux Tribe Transportation Office
Project Location
Lambert Bridge on BIA Route 7 (43.263111, -100.917944) and Yellow Cloud Bridge on BIA Route 9 (43.359722, -100.868611) near Rosebud, South Dakota
Waterways
Little White River
The following projects are under consideration for separate CWA Section 401 water quality certifications, but they are presented together here because of the nature and location of the projects. The bridges cross the Little White River on the Rosebud Indian Reservation. Lambert Bridge is located approximately 4 miles northwest of the town of Rosebud on BIA Route 7. Yellow Cloud Bridge is located approximately 9 miles north of Rosebud on BIA Route 9 (Old Ring Thunder Road). Both bridges are in poor condition and at risk of failure.
The Lambert Bridge replacement will require the removal of the existing pre-cast concrete spans and the concrete piers located on the riverbanks. The replacement structure will consist of a single span precast concrete bulb tee bridge supported by abutments set back from the river. Riprap will be installed along each side of the river to provide bank stabilization. Equipment access to the construction site has been designed to minimize vegetation disturbance and a revegetation plan will be implemented following completion of the bridge replacement. No heavy equipment is expected to enter the water during the replacement project. Riprap installation will permanently impact a total of 76 linear feet (27 cubic yards below the ordinary high water mark; 0.0118 acres) along both sides of the river. No wetlands will be impacted.
The Yellow Cloud Bridge replacement will require the removal of the existing pre-cast concrete spans and the existing timber substructure (abutments and piers). The timber piers in the river will be cut level with the stream bed using a water barrier to dewater around the piers. The replacement structure will consist of a single span precast concrete bulb tee bridge supported by abutments set back from the river. Riprap will be installed along each side of the river to provide bank stabilization. Equipment access to the construction site has been designed to minimize vegetation disturbance and a revegetation plan will be implemented following completion of the bridge replacement. No heavy equipment is expected to enter the water during the replacement project. Riprap installation will permanently impact a total of 64 linear feet (16 cubic yards below the ordinary high water mark; 0.014 acres) along both sides of the river. No wetlands will be impacted.
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 August 30, 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
Rosebud Sioux Tribe Transportation Office
Lynda Douville, Director (lynda.douville@rst-nsn.gov)
Authorized Agent
Aaron Swan & Associates, Inc.
Ronald Lutz (ron.lutz@aaronswanlab.net)
[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.