Lower Platte South Natural Resource District (LPSNRD)

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 Lower Platte South Natural Resource District (LPSNRD) 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. 

LPSNRD is seeking to perform stream stabilization on an eroded reach of Beal Slough in Lincoln, Nebraska.

The proposed project would restore the eroded west bank of Beal Slough by reconstructing approximately 8 feet of the channel bottom and stabilizing the west bank toe-of-slope using NDOT Type B riprap, constructed benches, and live vegetative staking. The existing near vertical bank scarp would be regraded to stable slopes ranging from 2H:1V to 6H:1V. In addition, two armored stilling basins would be installed to protect existing natural pool features and promote long term channel stability.

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-

ndwee.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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