Public Notice: §401 Clean Water Act Water Quality Certification for San Francisco District of the U.S. Army Corps of Engineers Regional General Permit 5
Summary
Request for Comments on §401 Clean Water Act (CWA) Water Quality Certification for the San Francisco District of the U.S. Army Corps of Engineers (USACE) Regional General Permit 5 (RGP 5) For Emergency Repairs on Tribal Lands within the San Francisco District of the U.S. Army Corps of Engineers that do not have Treatment in a Similar Manner as a State for Clean Water Act section 401.
Details
The San Francisco District of the U.S. Army Corps of Engineers is requesting a water quality certification from the EPA for discharges associated with the reissuance of Regional General Permit 5 for Emergency Repairs. RGP 5 would allow expedited authorization for discharges or work in waters of the United States within the District for repair or protection activities in emergency situations. USACE proposes to re-issue RGP 5 through September 30, 2029 (i.e., through five winter seasons). The process for emergency projects seeking authorization under RGP 5 would remain similar to the current process: project applicants must seek formal approval from USACE before taking action under the authority of RGP 5, and a post-construction report is required after the work is completed. An ‘emergency’ is a situation which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship (33 CFR 325.2 (e) (4).) Work activities would occur within the geographic areas of the San Francisco District of the U.S. Army Corps of Engineers (map attached). As the water quality certifying authority for project activities within the Tribal Lands that do not have Treatment in a Similar Manner as a State for Clean Water Act section 401, EPA will decide whether to (1) certify as proposed; (2) certify with conditions; (3) deny or (4) waive certification of the proposed activities.
Location
The Regional General Permit would authorize emergency activities within the San Francisco District of the Army Corps of Engineers in Waters of the United States within Tribal Lands that do not have Treatment in a Similar Manner as a State for the 401.
For Further Information Contact
Zoe Chan ([email protected])
Wetlands Section (WTR-2-2)
U.S. Environmental Protection Agency
75 Hawthorne St.,
San Francisco, CA 94105
(415) 972-3933
Supplemental Information
Tribes Without Treatment in a Similar Manner as a State for Clean Water Act Section 401 (October 2024):
- Bear River Band of the Rohnerville Rancheria
- Big Lagoon Rancheria
- Blue Lake Rancheria
- Cahto Tribe of the Laytonville Rancheria
- Cher-Ae Heights Indian Community of the Trinidad Rancheria, California
- Cloverdale Rancheria Of Pomo Indians of California
- Coyote Valley Band of Pomo Indians of California
- Elk Valley Rancheria
- Federated Indians of Graton Rancheria
- Guidiville Rancheria of California
- Hopland Band of Pomo Indians
- Kashia Band of Pomo Indians of the Stewarts Point Rancheria
- Koi Nation of Northern California
- Manchester Band of Pomo Indians of the Manchester Rancheria
- Pinoleville Pomo Nation
- Redwood Valley or Little River Band of Pomo Indians of the Redwood Valley Rancheria California
- Round Valley Indian Tribes of The Round Valley Reservation
- Sherwood Valley Rancheria of Pomo Indians of California
- Tolowa Dee-ni' Nation
- Wiyot Tribe
- Yurok Tribe of the Yurok Reservation