City of Omaha

Legal Notice Below 

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NOTICE OF INTENT TO CERTIFY – Section 401 

NEBRASKA DEPARTMENT OF WATER, ENERGY, AND ENVIRONMENT 

INTEGRATED 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 (DWEE) by the persons listed below for discharges requiring Federal permits or licenses. 

The City of Omaha Public Works 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.  

The City of Omaha Public Works is seeking to stabilize a portion of Cole Creek between Blondo Street and Seward Street in Douglas County, Nebraska. 

The Cole Creek at Hillside Drive Stream Stabilization project extends from north of Seward Street to south of Blondo street (approximately 700 feet). Currently, Cole Creek, between Blondo Street and Seward Street, has steep, eroding streambanks and is showing signs of widening and incision causing streambank instability, which has impacted adjacent private properties and threatens existing infrastructure. The proposed project includes culvert and road embankment removal at the Hillside Drive crossing, and stabilization of the creek using structural and natural channel design methods to control flow and stabilize the creek.  

The proposed improvements start approximately 320 feet south (downstream) of Blondo Street and end approximately 450 feet north (upstream) of Seward Street. The proposed channel design incorporates natural channel design elements including a meandering bankfull channel, pool-riffle morphology, constructed riffles, three (3) cross vane structures, and bankfull benches. These stream features increase aquatic health benefits, habitat complexity, and stream stability by protecting the channel bed and banks and dissipating velocities within the pools.  

The proposed constructed riffles are up to 55 ft long at a 0.8% slope and the pools are up to 113 ft long. A total of three (3) 0.X-foot drop cross vanes will be used. Each cross vane will have a pool following it with a maximum depth of 3 ft below the bankfull stage. The channel cross section in the vicinity of the Hillside Drive crossing removal includes a more natural channel cross section, with a meandering low flow channel and bankfull benches. The  

benches provide a natural method to reduce channel velocities and shear stresses during larger storm events. The channel banks and benches are relatively stable and will be planted with native vegetation to provide additional stability. The typical channel cross section with the benches includes an 18 ft channel bottom, 36 ft bankfull channel, and a 16-foot-wide flood bench with a combination of 2.5H:1V and 2H:1V channel bank slopes.  

Downstream of Hillside Drive, a wall at a maximum height of 13 ft is required to limit the proposed channel improvements on private properties to the east. The wall is proposed to be sheet pile with concrete coping. Backfill in front of the sheet pile wall and immediately downstream will be Type B soil riprap that will be planted and function as the east stream bank in front of the wall. A proposed 42-inch high railing will be installed offset 2-ft landward from the top of the sheet pile wall. The proposed design does not include modifications to Blondo Street or Seward Street road crossings. Constrained channel conditions at Blondo Street and Seward Street result in high velocities extending from Blondo Street to Hillside Drive, while backwater impacts from Seward Street extend upstream to Hillside Drive. Velocities between Blondo Street and Hillside Drive are between 7.8 ft/s in the 2-year storm event and a maximum of 9.8 ft/s during the 10-year storm event. Due to high velocities at the upstream end of the proposed reach, articulated concrete block mats are proposed for the west and east banks to stabilize the channel near the transition from typical channel sections to the existing steep banks beyond the limits of construction. To provide bank protection against high velocities, Type B soil riprap is proposed for the outside of meander bends for the three most upstream pools.  

Construction of the project will be completed in one phase due to the limited length of stream improvements (approximately 700 ft). The limits of construction will include the City-owned lots to the west of Cole Creek and the backs of the privately owned properties east and west of Cole Creek. The contractor shall have access to the site from Cole Creek Drive, while access from Hillside Drive will be prohibited to minimize impacts to residences on Hillside Drive and Maenner Drive. A staging area will be available west of the channel and south of Hillside Drive within the limits of construction. Areas used for staging will be required to be restored back to existing conditions. Pedestrian traffic along Hillside Drive is proposed to be detoured south along Maenner Drive to Seward Street during construction. Following construction, a proposed pedestrian bridge will span Cole Creek providing access from Maenner Drive to Cole Creek Drive and the adjacent community center.  

The proposed improvements are primarily within City owned property. Due to the extent of private property loss downstream of Hillside Drive, the back of the adjacent private properties are now within the channel extents. Temporary construction easements will be required along the back of existing properties to allow access for the construction of channel improvements and for removal and replacement of residential fencing. 

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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