US Army Corps of Engineers - Niobrara

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.

The U.S. Army Corps of Engineers (USACE) has applied for a Section 404 permit 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. 

USACE is seeking to place a 12-foot-long and a 4-foot-long bedload collector in the Niobrara River to collect and analyze the efficiency of bedload collection to manage accumulation of sediment from upstream sources.

The bedload collectors will be placed in a portion of the Niobrara River with considerable streamflow. The proposed project location is along the east bank of the Niobrara River, immediately downstream of the Highway 12 bridge (42.748457, -98.056507).

A series of pumps and pipes will be used to deliver the collected material and separate sediment from water. The project will run for approximately one week. An approximate total of less than 5 cubic yards of material would be collected during the project. Material collected will be discharged on the bank of the river. Following completion of the project, the material will either be returned to the river or graded on site to return it to pre-project conditions. 

Temporary impacts from the proposed project will be 0.01 acres area of riverbed and less than 1 acre of wetlands for one week. There will be no permanent impacts to aquatic resources. 

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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