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Public Notice: Opportunity to Comment on a Water Quality Certification for the Lower Brule North Ecosystem Restoration Element 2 Project

Opportunity to Comment on a Water Quality Certification for the Lower Brule North Ecosystem Restoration Element 2 Project
How to Comment
Comments Due
October 2, 2026

You may comment on the proposed action in writing by email using subject line "401 WQC – Lower Brule North Ecosystem Restoration Element 2 Project”. Submit comments to:

Estella Moore (R8CWA401@epa.gov)

If you cannot adequately address comments via email, please reach out to Estella Moore at R8CWA401@epa.gov or 303-312-6329 to discuss alternative arrangements.

Publish Date
September 2, 2026

Summary

The U.S. Environmental Protection Agency (EPA) received a request from the 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 rrequires 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: 

  1. granting certification; 
  2. granting certification with conditions; 
  3. denying certification; or 
  4. 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 to complete projects that 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 (44.104128, -99.585758) and extending north/upstream, approximately 2 miles (44.130390, -99.578278), 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. In 2024, the EPA Region 8 issued a certification decision for Element 1 Phase 1 (Reach 1, 2 and the southern end of Reach 3) of this project. In 2025, the EPA Region 8 issued a certification decision for Element 1 Phase 2 (the remainder of Reach 3) of this project. This certification is for Element 2 of the project consisting of the final reach of this project (Reach 4) as described below:

  • Install approximately 2 miles of riprap revetment along the shore to prevent further erosion immediately upstream of Reach 3.
  • Construct a 100-foot-wide planting bench the length of the shoreline landward of the riprap, creating approximately 42 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 9 culverts to allow for drainage along the planting benches and adjacent areas landward of the project. Swale areas near the culverts will be expanded, creating about 1.16 acres or wetland habitat. 
  • Construct a 200-foot wide 1,500-foot long off-shore island breakwater at the northern end of the reach, which would create about 6.25 acres of riparian habitat along the island edge. It is anticipated that approximately 3.69 acres of wetland would form between the breakwater and island following construction. A temporary access road will be established between the island and shoreline that will eventually be removed after the post-restoration monitoring period.
  • 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 44.3 acres of lakebed below the ordinary high water mark (OHWM). The restoration activities would result in the creation of approximately 47.94 acres of riparian habitat and 4.85 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 MDT on October 2, 2026.

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 Estella Moore (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.

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 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.

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