BNSF Railway Company
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Legal Notice Below
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NOTICE OF INTENT TO CERTIFY – Section 401
NEBRASKA DEPARTMENT OF WATER, ENERGY, AND ENVIRONMENT
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 Water, Energy, and Environment (DWEE) by the persons listed below for discharges requiring Federal permits or licenses.
BNSF Railway Company 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.
BNSF Railway Company is seeking to replace a bridge in Adams County, Nebraska.
Presently, BNSF Railway Company (BNSF) Bridge 0160-0023.98 consists of a 12-span, 166-foot long, open deck pile trestle. The bridge is aging and in need of replacement, therefore; the proposed replacement structure consists of a six span, 168-foot-long prestressed concrete double cell box bridge. Access to the bridge will occur from southwest and northeast of the bridge, within the west and east BNSF right-of-way (ROW), respectively. A temporary causeway, located at approximately 40.619063, -98.326525, will be placed under the bridge, out to the BNSF ROWs to facilitate the construction of the proposed bridge. The causeway will temporarily impact approximately 0.07 acres of wetlands with the placement of 112 cubic yards of riprap and be designed to maintain low flow throughout construction. The exact details (size and number of culverts) of the causeway will be determined based on-site conditions at the time of construction.
The placement of riprap for abutment stabilization will occur outside of wetland areas. Existing bridge piles will either be vibratory extracted or cut near ground level. Staging will occur within upland areas adjacent to the track.
There will be no permanent impacts during the bridge replacement project. Therefore, no mitigation is planned. Overall, the project will result in 0.07 acres of temporary impacts to wetlands. All temporary fill material will be removed in their entirety post-construction.
The proposed certification and supporting materials are available for inspection at the office of DWEE, 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 Water, Energy, and Environment
245 Fallbrook Blvd, Suite 100
Lincoln, NE 68521
-or-
ndwee.401certification@nebraska.gov
Please notify DWEE 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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