Public Notice Information
Water: 401 Certification
Seward County Highway Department
Tributary of Big Blue River
Public Notice Documents
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Notice of intent to certify
July 19, 2018
August 15, 2018


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 Environmental Quality (NDEQ) by the persons listed below for discharges requiring Federal permits or licenses.

Seward County Highway Department has applied for a Section 404 permit under Nationwide Permit 13, Bank Stabilization from the U.S. Army Corps of Engineers (USACE) to conduct activities in Waters of the United States, and has requested a waiver of the 1 cubic yard per linear foot limit of this permit. The work would also occur within wetlands. The proposed project requires an individual state Water Quality Certification (WQC) in accordance with 2017 Nebraska Water Quality Certification of Nationwide Permits, which states that:

No individual action shall be allowed under a nationwide permit prior to the issuance of an individual WQC when such an action may result in a discharge into a special aquatic site or surface waters where the Corps District Engineer waives the impact threshold related to linear feet or width. This condition is applicable to the following NWPs: 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, and 54.

Proposed project activity includes excavation work and the placement of approximately 54 cubic yards of rock riprap along the northern embankment of an unnamed tributary to the Big Blue River. The proposed work would facilitate the protection of an existing bridge that carries Izaak Walton Road over the unnamed creek. The proposed work would involve impacts to approximately 0.03 acres of wetlands and approximately 45 linear feet (0.02 acre) of stream channel. No temporary structures are proposed.

In order to evaluate the impacts of this permit on the water resources of the State of Nebraska, NDEQ encourages interested citizens to submit favorable or unfavorable written comments. Comments should be limited to the scope of state WQC under Section 401 of the Clean Water Act. Persons may comment upon or object to the application, by submitting written comments within 30 days after the publication date of this notice to:

Kim Copenhaver
CWA Section 401 Coordinator
Nebraska Department of Environmental Quality
1200 N Street, Suite 400
Lincoln, NE 68509-8922

The USACE Nationwide Permit Verification letter for the proposed project and other pertinent documents can be viewed in person at NDEQ’s Lincoln office. Persons may request information about the application, or request copies of documents for inspection Monday through Friday during the hours from 8:00 am until 5:00 pm. Please notify NDEQ 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.

Persons may request a public hearing. Please submit requests by writing to:

Marty Link
Water Quality Division Administrator
Nebraska Department of Environmental Quality
1200 N Street, Suite 400
Lincoln, NE 68509-8922

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.