WSP07215 - Laserfiche WebLink

Home Browse Search

m.fli Iii ' , , . 'I 00228::; Summary , , I , which might result in toxic or hazardous irrigation return flows. In January 1992, Reclamation determined that a supplement to the 1982 Secretarial certification was required for the Project in order to fulfill this requirement. . Accordingly, from 1992 to 1994, Reclamation conducted further investigations of soils characteristics to comply with the requirements of the 1986 amendment. Those investigations included the collection of soil, sediment, groundwater, surface water, and biological samples from Project lands and surface streams in the La Plata and Mancos Rivers drainages and Ridges Basin Reservoir and Southern Ute Reservoir areas. While noting intermittent occurrences of elevated selenium concentrations, the investigations did not discover levels of contaminants that would cause widespread hazardous or toxic return flows. Nevertheless, since the 1992 DSFES, 1,512 acres of proposed full-service lands have been eliminated from the Project because of their potential to affect water quality in the La Plata River from selenium loading. Clean Water Act I I I ,Ii I , , Reclamation seeks Clean Water Act compliance through the Section 404(r) provisions which exempt Reclamation from the requirement to obtain a CWA Section 404 permit for construction activities resulting in discharges of dredged or fill material into waters of the United States. An exemption for certain Project features was obtained based upon the 404(b)(1) Evaluation attached to the 1980 FES. Reclamation has expanded the existing 404(r) exemption to include all Project features through additional compliance. A new 404(b)(1) Evaluation in compliance with the Environmental Protection Agency's (EPA) Section 404(b)(1) requirements under 40 CFR part 230 is included as Attachment I to this document. " I' , , ! I. , ' 1.1, ill I: ,. ! Indian Trust Assets " , The United States has a trust responsibility to protect and maintain rights reserved by or granted to Indian Tribes or Indian individuals by treaties, statutes, and Executive orders. These rights are sometimes further interpreted through court decisions and regulations. This trust responsibility requires that agencies such as Reclamation take actions reasonably necessary to protect these IT As. \1 il I I , Reclamation policy is to protect IT As from adverse impacts by its programs and activities. ITAs are property interests held in trust by the United States for the benefit of Indian Tribes or Tribal members. I I IT As for the Project have been identified for the federally recognized Tribes within the Upper San Juan River Basin, as described in Chapter Ill. Four Tribes are located within the Basin: Jicarilla Apache Tribe, Nation, Ute Mountain Ute Tribe, and Southern Ute Indian Tribe. &-10