Nebraska Game and Parks Commission

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.

Nebraska Game and Parks Commission (NGPC) 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:

1. 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. 

NGPC is seeking to make improvements to the Verdel Landing Wildlife Management Area (WMA) boat launch along the Missouri River in Knox County, Nebraska. 

This segment of the Missouri River is designated as a Class A State Resource Water. State Resource Waters – Class A are defined in Title 117, Chapter 3, §002.

The scope of the project includes the removal and replacement of the existing two-lane concrete boat ramp, existing dock, and concrete sidewalk. The launch area will be graded and shaped to provide a more uniform downward slope, and two new 101.5 ft. long by 16 ft. boat ramp lanes with a 7 ft. wide sidewalk between the two lanes will be built. A new dock will be installed at the end of the central sidewalk. Approximately 114 tons of river rock cobbles will be used to line and stabilize the new boat launch. Additional improvements include a 5-inch concrete sidewalk with ADA access pad, and a crushed rock parking lot that will tie into existing roadway access. 

The existing boat ramp on the south bank of the Missouri River will be removed and replaced resulting in 0.029 acres of impacts to the Ordinary High Water Mark (OHWM) and 0.002 acres to wetlands. Rock cobbles will be installed in the immediate vicinity of the boat ramp for stabilization to the surrounding area resulting in 0.035 acres of impact to the OHWM and 0.021 acres of impacts to wetlands. Total permanent impacts from the project are 0.064 acres to the Missouri River and 0.023 acres to wetlands.  

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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