Nebraska Department of Transportation

NOTICE OF APPLICATION FOR CERTIFICATION – 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 Nebraska Department of Transportation (NDOT) 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. 

NDOT is seeking to improve all at-grade intersections along US-77 within the project boundary. The intersections of Pioneers Boulevard and US-77, and Warlick Boulevard/West Denton Road andUS-77 will be converted into full access interchanges. The intersections of Old Cheney Road and Yankee Hill Road will have access to US-77 removed. 

Additional work will consist of paving, ramp work, shoulder work, guardrail, side road construction, traffic signals, driveway reconstruction, curb and gutter work, storms sewer work, roadway culvert work, utilities, sidewalk construction, overhead lighting, fencing, striping, and erosion control. 

Discharge into wetlands and stream channels is due to grading for interchange ramps and roadways and associated culvert and bridge modifications and improvements. The project is anticipated to permanently impact 2.998 acres of wetland and 0.015 acres of stream channel. Credits from a certified wetland mitigation bank will be used to mitigate impacts to Waters of the United States.

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.