Seward County Government

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.
The Seward County Government 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.
This Project will be located on 420th Road from US-34 south to the interchange with I-80. The existing roadway is a 28-foot-wide gravel road. The actions to be undertaken for the Project
include:
• Construction may begin and/or end approximately 200 feet ahead of or beyond the actual
project limits to accommodate transitioning the roadway back into existing roadway grade.
• Widening to two 12-foot concrete lanes with two 6-foot earthen shoulders (one on each side).
• Intersections will be reconstructed back to the ends of the return radius.
• Surveying and staking.
• Grading beyond the hinge point will be required for the length of the project
• Shoulder reconstruction will be required for the length of the project.
• Culvert replacement.
• Erosion control.
• Utility relocation (relocation costs are the responsibility of the utility company for utilities in
right-of-way (ROW)).
• Signs with soil disturbance.
• Rock or gravel surfacing.
• Pavement marking.

• Clearing and grubbing non-woody vegetation.
• Acquisition of ROW.
The road will be closed to through-traffic during construction. Access will be maintained for local traffic and controlled by appropriate traffic control devices and practices. A detour will be provided. Work will not be required on the designated detour route. No nighttime work is anticipated. Construction could begin as early as the spring of 2026 and be complete by the fall of 2026.
The project’s Best Management Practices to avoid and minimize impacts to wetlands include:
• Using the existing alignment to minimize wetland impacts.
• Limiting the project to the minimum area necessary to construct the project.
• Designing rip rap basins at six culvert outlets to the extent possible to minimize impacts on the
surrounding ground while still providing the required energy dissipation.
• Tying the grading to the existing road as soon as possible to minimize ground disturbance.
• Reducing the overall project footprint by adjusting the fore slopes from 4:1 to 3:1 to minimize
impacts beyond the hinge point.
• Marking the wetlands, not impacted, on the project plans for avoidance.
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- dwee.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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