Adams County Highway Department
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Legal Notice Below
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NOTICE OF INTENT TO CERTIFY – Section 401
NEBRASKA DEPARTMENT OF ENVIRONMENT AND ENERGY
PLANNING & AID DIVISION
LINCOLN, NEBRASKA
In accordance with Section 401 of the federal Clean Water Act (33 U.S.C. Par. 1251 et seq.), certification that Title 117 – Nebraska Surface Water Quality Standards (Nebraska Administrative Code) will not be violated has been applied for to the Nebraska Department of Environment and Energy (NDEE) by the persons listed below for discharges requiring Federal permits or licenses.
Adams County Highway Department has applied for a Section 404 permit from the U.S. Army Corps of Engineers (USACE) to conduct activities in Waters of the United States. The proposed project requires state Water Quality Certification in accordance with Clean Water Act (CWA) Section 401(a)(1), which states that:
- Any applicant for a Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters, shall provide the licensing or permitting agency a certification from the State in which the discharge originates or will originate, or, if appropriate, from the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate, that any such discharge will comply with the applicable provisions of sections 301, 302, 303, 306, and 307 of this title.
The Adams County Highway Department is seeking to stabilize a portion of the Little Blue River located on S Antioch Avenue 0.18 miles south of E Fouts Road in Adams County, Nebraska (40.412440° N, -98.297787°).
The project will consist of trenching and placement of approximately 2,271 tons of rock riprap, which will be installed as buried trenchfill, longitudinal peaked stone toe protection (LPSTP), and bendway weirs along the southeast bank of the Little Blue River. The area behind the LPSTP riprap will be graded to rebuild the existing floodplain bench. Approximately 150 tons of rock riprap will also be placed under the north bridge abutment as slope protection to prevent further scour. A stabilized construction entrance will be installed south of the river to allow access to the site. Grading will take place in order to install and properly protect the rock riprap. Temporary timber matting will be utilized during construction on the east side of S Antioch Avenue to allow contractor access.
Placement of rock riprap will permanently impact 0.063 acres of wetlands and 0.107 acres / 196 linear feet of stream channel. Grading will permanently impact 0.011 acres of wetlands and 0.097 acre / 267 linear feet of the stream. Temporary impacts from grading will be 0.334 acre of wetland and 0.183 acre / 509 linear feet of the stream.
The proposed certification and supporting materials are available for inspection at the office of NDEE, 245 Fallbrook Blvd, STE 100, Lincoln, Nebraska. Persons may comment upon or object to the application, by submitting written comments within 30 days after this publication date of this notice. Comments should be limited to the scope of state Water Quality Certification (WQC) under Section 401 of the CWA. During this period, persons may request a public hearing. A request for a hearing must state the nature of the issues to be raised and all arguments and actual grounds supporting such position. Such comments shall be considered prior to making a final decision regarding the request. Any comments or requests should be submitted to:
CWA Section 401 Coordinator
Nebraska Department of Environment and Energy
245 Fallbrook Blvd, Suite 100
Lincoln, NE 68521
-or-
ndee.401certification@nebraska.gov
Please notify NDEE in advance if alternate formats of documents are needed. Our switchboard phone number is 402-471-2186. TDD users please call 711 and ask the relay operator to call us at 402-471-2186.
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