General Permit NER210000 For Stormwater Discharges From Construction Sites

NOTICE OF PUBLIC HEARING AND PERMIT ISSUANCE

STATE OF NEBRASKA

DEPARTMENT OF WATER, ENERGY, AND ENVIRONMENT (DWEE)

Notice is hereby given that the Nebraska Department of Water, Energy, and Environment (DWEE) proposes to reissue, with changes, the National Pollutant Discharge Elimination (NPDES) General Permit NER210000 Stormwater Discharges from Construction Sites to Waters of the State of Nebraska. The construction stormwater (CSW) permit authorizes discharges from stormwater and non-stormwater that may transport pollutants associated with both small and large construction activity. This permit provides coverage from construction and support activity that causes land disturbance of equal to or greater than one acre and less than one acre if the construction activity is part of a common plan of development or sale. Covered construction activity includes a disturbance to land that results in a change in the land topography or existing soil cover (both vegetative and non-vegetative) that may cause stormwater runoff sediment from erosion or other pollutants to be transported into waters of the State or urban drainage systems. For individual lots that are part of a common plan of development or sale, if they are less than one acre and can meet permit requirements, this general permit will not require those individual lots to submit a notice of intent. Pursuant to 40 Code of Federal Regulations (CFR) Section 122.28(b)(2)(v), the Director of DWEE is authorized to permit certain discharges under a general permit without requiring submission of a notice of intent where the director finds the notice of intent would be inappropriate. For individual lots that are part of a common plan of development or sale, DWEE does not find the submission of a notice intent to be appropriate because these individual lots are not continuous discharges, the most common pollutant is solids, the lots have had permit coverage under the common plan of development or sale permit, the discharges must meet the CSW effluent limitation guidelines under 40 CFR Part 450, and they have obtained a review meeting Nebraska Endangered Species and Conservation Act requirements. These individual lots would receive coverage if their information is recorded and retained with the common plan of development or sale stormwater pollution prevention plan and they meet effluent limitation guidelines. The permit would be issued for a period of up to five years and would restrict pollutant discharges to comply with the requirements of Department regulations. The draft permit, fact sheet, and other public information are available for review at DWEE’s Lincoln Office between 8:00 a.m. and 5:00 p.m. weekdays, excluding holidays, at 245 Fallbrook Boulevard, Suite 100, Lincoln, Nebraska. A copy of this permit and fact sheet are also available on the Department’s website at dwee.nebraska.gov. Written comments, objections, and/or hearing requests concerning permit issuance may be submitted to NPDES and State Permits Section, Nebraska Department of Water, Energy, and Environment, 245 Fallbrook Boulevard, Suite 100, Lincoln, NE 68521; or emailed to dwee.NPDES@nebraska.gov; before the comment period ending date of November 25, 2026. To request copies of the draft permit and other information, call 402-471-3557. Individuals requiring special accommodations or alternate formats of materials should notify the Department by calling 402-471-2186. Written comments or objections concerning permit issuance may be submitted to Kim Bubb, NPDES and State Permits Section, Nebraska Department of Water, Energy, and Environment, 245 Fallbrook Boulevard., Suite 100, Lincoln, NE 68521, before the comment period ending date of November 25, 2026. Contact phone number is 402-471-2186. TDD users call 800-833-7352 and ask the relay operator to call us at 402-471-2186.