Public Notice Information
Water: 401 Certification
City of Lincoln, Lancaster County, Lower Platte NRD
Old Cheney Road and Salt Creek, 40.755609, -96.715758

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401 Water Quality Certification
October 3, 2018
November 3, 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, City of Lincoln Wastewater System, and Lower Platte South NRD have jointly applied for a Section 404 permit under Nationwide Permit (NWP) 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.

The proposed bank stabilization work involves: excavation of 3210 cubic yards of material and placement of 1375 cubic yards of rock fill and 650 cubic yards of soil fill below the ordinary high water mark of Salt Creek where it crosses under Old Cheney Road, for channel and bank stabilization to prevent future stream incision and to protect a proposed 36 inch diameter sewer main and an existing bridge. The project would permanently impact 480 linear feet of channel below the OHWM with an average of 2.0 cubic yards of fill below OHWM per linear foot of bank.

Also proposed is the excavation of 1090 cubic yards of material and placement 230 cubic yards of rock fill and 410 cubic yards of soil fill to install a 36-inch sanitary trunk sewer line within Salt Creek at the same location. The project would temporarily impact 0.149 acre of palustrine emergent wetlands and permanently impact 0.069 acre of palustrine forested wetlands. The work is proposed for authorization under a NWP 12, Utility Line Construction.

In addition, approximately 1625 cubic yards of material would be excavated and 1170 cubic yards of rock fill and 250 cubic yards of soil fill would be placed within the waterway to stabilize the existing abutments and piers for the bridge that carry Old Cheney Road across Salt Creek. Approximately 240 linear feet of channel below the Ordinary High Water Mark (OHWM) of Salt Creek would be permanently impacted by this part of the project. This work is proposed for authorization under a NWP 14, road crossings.

Restoration of disturbed areas with native grasses and forbs, and plantings of large woody trees, is 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.