Attachment_7_PCD2015_ _CWA_401_ SOD_041614.pdf

Pasture Canyon Dam Modifications

Bureau of Indian Affairs

Hopi Indian Reservation - Arizona Solicitation No.

ATTACHMENT 7 – CWA Section 404 Permit + Hopi WQS & Application

Attachment 7 - 1

ATTACHMENT 7

CWA Section 401 Permit + Hopi WQS & Application

Pasture Canyon Dam Modifications

Bureau of Indian Affairs

Hopi Indian Reservation - Arizona Solicitation No.

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ATTACHMENT 7 – CWA Section 404 Permit + Hopi WQS & Application

Attachment 7 - 2

THE

OPI TRIBE

Herman G Honanie Chairman

Alfred Lomahquahu Vice Chairman

March 5,20L4

Mr . E . SamuelStegeman Bureau of Indian Affairs Western Region Office 2600 N CentralAve, MSC-461 Phoenix, Ar izona 85004

:tion 401 Certification lation, Safety of Dams Action

1 Certification No.: HWRP-401-20140305

Mr. Stegernan, The Hopi Tribe Water Resources Program (WRP) has reviewed your request for cert i f ication pursuant to section 401 of the Clean Water Act (CWA) under Nationwide Permit (NWP) number 3 (Maintenance) for the subject project. This letter shall Serve as such cert i f ication for NWP number 3 and any other NWP that may be applicable to complete (he project with the Corp of Engineers concurrence. Your acceptance of this cert i f icat ion conf i l "ms your recognit ion of your responsibi l i ty to ensure al l act iv i t ies performed as part of this project are completed in accordance with your signed request ( including support ing documentat ion) and the condit ions below. You are responsible for obtaining al l other permits, cert i f icat ions, and l icenses that may be required by federal , state, or local authori t ies.

Project Name

Pasture Canyon Dam Rehabi l i tat ion, Safety of Dams Act ion

Location

Section- 21, Township- 32, Range-l-1E : Coconino County, Arizona on the Hopi Reservation

Pas tu reCanyonDamisapprox ima te l y lm i l eeas to fTubaC i t y ,A r i zona . F romTubaC i t y ,headeas ton Hwy 160 and then north approximatgly 1 mile to the dam on the unmarked reservoir access road (dirt road)that is between Reservoir Rd and Fairground Rd

The Hopi Tribe 401 Certification Permit No. : HWRP -401-20140305

Project Purpose

To repair and rehabil i tate Pasture Canyon Dam and address dam safety deficiencies. Per authority under Indian Dam Safety Act of 1994, corrective action is needed to reduce the potential for dam failure and associated threat posed to the public for loss of l i fe and property damage. This action is also needed to preserve the irr igation value for which the reservoir was originally constructed.

Fil l material wil l be excavated around the exist ing outlet works in order to remove the old and instal l new outlet works. The excavated material wil l be temporari ly placed adjacent to the excavation. The excavated material that is not suitable to replace in the embankment wil l be used for the temporary cofferdam. Suitable materials wil l be reused for rebuilding the new embankment after the new outlet works is instal led. Also, some fi l l material wil l be permanently placed at the embankment just behind the inlet of the outlet works. This material wil l be placed at a slope of 3:5:1 for erosion control.

Certification

We hereby grant 401" Certification for your project with the following conditions:

L. You shall l imit any excavation work to the proposed project area.

2. No construction materials - including cement, debris, oi l or petroleum products, sand, sawdust, si l t , slash, or soi l -- shall be al lowed to enter or be placed where it may enter the l ive channel of applicable waters in amounts that are considered to have adverse effects on the beneficial uses.

3. The applicant shall designate area(s) for equipment staging and storage located outside the ordinary high water mark of waters of the US. Any on site equipment washing, maintenance, or fueling shall take place in the designated area(s). Material specif ical ly manufactured as spil l adsorbent/absorbent shall be kept at the project site to control small spi l ls.

4. Upon completion of the activit ies cert i f ied herein, areas within the ordinary high water mark of waters of the US at the project site shall be cleared of al l construction residues, equipment debris, or other obstructions. Any debris from the cert i f ied activit ies shall not be stored at any site where it may wash into waters of the US and shall be properly disposed of upon completion of work.

5. Al l contractors and subcontractors shall report, verbally and in writ ing, immediately upon discovery, any spil ls of chemical contaminants, including oi l , gasoline, hydraulic f luid, or diesel fuel, during or after operations. Reports shall be submitted to the Hopi Tribe. Appropriate cleanup of spi l ls shall commence immediately. Within two weeks fol lowing cleanup, a summary report shall be submitted to the HopiTribe that describes the reason for the spil l , the spil l duration and volume, steps taken to correct the problem, the remediation/cleanup activit ies and steps taken to prevent a recurrence of the problem. Copies of both the init ial and cleanup reports shall be sent to EPA Region 9.

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The Hopi Tribe 401 Certification Permit No. : HWRP -401-20140305

Erosion control, sediment control, and/or bank protection measures shall be instal led before construction, and shall be maintained as necessary during construction and post construction periods to minimize channel or bank erosion, soi l loss and sedimentation.

Water discharged from the project site shall not contain sett leable materials or suspended materials in concentrations that cause nuisance or adversely affect beneficial uses. The project shall not violate any narrative and numeric cri teria established in the Hopi Tribe's Water euali ty Standards.

lf , at any t ime, an unauthorized discharge to surface water occurs, or any water quali ty problem arises, the project shall cease immediately and you shall immediately notify the Hopi Tribe and EPA Region 9.

The HopiTribe shall be notif ied at least f ive business days in advance of construction in order to al low staff to be present during construction.

lf there are any substantive changes in the proposed project that may affect water quality, you shall noti fy the Hopi Tribe Water Resources Program, immediately. Failure to do so wil l result in revocation of this certification.

lL. You shall provide a copy of this cert i f ication to al lcontractors and subcontractors. You also shall review the condit ions of this cert i f ication with al l such contractors and subcontractors.

Monitoring

The project proponent, or its contractor, shall visually inspect the project site during and after construction to ensure that accelerated sediment erosion is not taking place as a result of construction activit ies. l f accelerated sediment erosion is observed mit igation measures shall be implemented immediately.

lf you have any questions regarding this matter, please feel free to contact me at (928) 734-3711. or Lpu h uvesvalQhpplnsn. us .

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10, Sincerely, Hopi Water Resources Program

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HOPI TRIBAL COUNCIL

RESOLUTION

H-042-2011

WHEREAS, the Hopi Tribal Council is authorized by the Constitution and By-Laws of the

Hopi Tribe, “To represent and speak for the Hopi Tribe in all matters for the welfare of the Tribe, . . .”, “To raise and take care of a Tribal Council fund by accepting grants or gifts from any person, State, or the United States

Government” and “To use such Tribal Council fund for the welfare of the Tribe,”

ARTICLE VI-POWERS OF THE TRIBAL COUNCIL, SECTION 1 (a), (e) and

(f); and

WHEREAS, the goal of the Hopit Pötskwaniat, in the area of Environment, is “To ensure the preservation and protection of the natural environment” in part through the adoption of “. . . tribal environmental codes, ordinances, regulations and policies for the protection of Hopi resources and environment”; and

WHEREAS, the Water Resources Program is charged with the protection and preservation of the water resources of the Hopi Tribe with the passage of The Hopi Water Code

H-107-97; and

WHEREAS, the U.S. Environmental Protection Agency mandates a review of the Tribe’s

Water Quality Standards, which are part of the Hopi Water Code, every three (3) years; and

WHEREAS, the Water Resources Program has completed this review and has submitted all necessary support documents to the revised Water Quality Standards to U.S.

Environmental Protection Agency; and