Ross Nielsen

Legal Notice Below

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NOTICE OF INTENT TO CERTIFY – Section 401

NEBRASKA DEPARTMENT OF WATER, ENERGY, AND ENVIRONMENT

WATER PLANNING 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 (NDWEE) by the persons listed below for discharges requiring Federal permits or licenses.

Ross Nielsen 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. 

Ross Nielsen is seeking to rehabilitate and stabilize a portion of the western bank on the Missouri River in Boyd County.

The scope of this project is bank rehabilitation and stabilization. The south bank of the Missouri River will be graded to restore a 2:1 slope and then stabilized with approximately 7,750 tons of rock riprap. The contractor may elect to utilize a locked log technique with trees harvested onsite to provide additional protection and scour prevention. The only impacts will be to the Ordinary High Water Mark (OHWM), impacting a total of 0.143 acres of waterbodies classified as Waters of the United Stated (WOTUS). The United States Army Corp of Engineers (USACE) is not requiring compensatory mitigation for the 0.143-acre impact to WOTUS, as the applicant will restore the bank to a 2:1 slope. After placement, the placed riprap will be covered with 12” of suitable topsoil and approximately 859 tons of native field stone at the toe of slope. All disturbed areas will be seeded with an appropriate seed mix for the location. This requirement will be included as a special condition in the permit verification to ensure proper implementation following construction.

The proposed certification and supporting materials are available for inspection at the office of NDWEE, 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-

dwee.401certification@nebraska.gov

Please notify NDWEE 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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