Public Notice Information
Water: 401 Certification
Lancaster County Engineering
between Waverly and Mill Roads in Lancaster County

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Water Quality Certification
November 26, 2018
December 26, 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.

Lancaster County Engineering Department has applied for a Section 404 permit under Nationwide Permit 14, Linear Transportation Projects, from the U.S. Army Corps of Engineers (USACE) to conduct activities in Waters of the United States. The proposed project requires an individual state Water Quality Certification (WQC) in accordance with 33 CFR 330.4(c) and 2017 Nebraska Water Quality Certification of Nationwide Permits, which states that:

E. “With the exception of state/federal-private partnerships or local, state, and federal agencies undertaking restoration projects under NWP 27, no individual action which may result in a discharge into a Category I Eastern Saline wetlands ( as defined by Gilbert, M.C. and R.C Stutheit, eds. Resource Categorization of Nebraska Eastern Saline Wetlands Interagency Study Project. U.S. Army Corps of Engineers, Omaha District and Nebraska Game and Parks commission, 1994) shall be allowed under a nationwide permit prior to the issuance of an individual WQC.”

The proposed project will consist of excavation, grading and filling within Little Salt Creek and wetlands to facilitate the replacement of an existing bridge, the installation of a stream grade control structure and a culvert drop structure, along with other roadway improvements on North 14th street between Waverly and Mill Roads in Lancaster County, NE (40.937502, -96.700614). The work would result in the impacts to approximately 250 linear feet of Little Salt Creek and 0.39 acres of wetland, including 0.08 acres of Class I Saline Wetland. Approximately 0.52 acres of wetland is proposed to be debited from the City of Lincoln Wetland Mitigation Bank as compensatory mitigation.

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:

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.