Lancaster County Engineer

Draft Water Quality Certification Letter_A-137 Pipe Replacement NWO-2024-01152-WEH.pdf

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.

Lancaster County Engineering 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.

Lancaster County Engineering Department is seeking to replace existing culverts that cross Little Salt Road in Lancaster County.

The project site is located along Little Salt Road, approximately 5.5 miles southeast of Ceresco, Nebraska (Section 08, Township 12 North, Range 08 East). The project begins approximately 1,100 feet east of the Little Salt Road and N. 112th Street intersection.

The project will replace the existing twin 48-inch by 36-foot reinforced corrugated metal pipes with 48-inch by 36-foot equivalent pipes and relocate the pipes approximately 2 linear feet upgradient (north). Additionally, the bottom elevation of the pipes will be set approximately 2 feet lower to better facilitate drainage. An estimated 70 cubic yards of material will be removed, and the new pipes will be places in the same alignment as the existing pipes. The nature of this activity is pipe replacement. No wing-walls or riprap will be used as a part of this project.

This project is anticipated to permanently impact 0.006 acres of palustrine emergent temporary/seasonally flooded (PEMA/C) wetlands that are categorized as Category I Saline Wetlands. Impacts are from installation of new pipes, soil excavation, and construction equipment.
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 Environmental Quality
245 Fallbrook Blvd, Suite 100
Lincoln, NE 68521

-or-

ndee.401certifications@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.