Public Notice Information
Water: 401 Certification
0
U.S. Army Corps of Engineers
Statewide
Rulo

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401 Water Quality Certification
October 30, 2020
November 29, 2020

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 Environment and Energy (NDEE) by the persons listed below for discharges requiring Federal permits or licenses.

The U.S. Army Corps of Engineers (USACE) has requested a 401 water quality certification for emergency dredging activities in Waters of the United States. The proposed project requires an individual state Water Quality Certification (WQC) in accordance with 2020 Clean Water Act 401 Water Quality Certification rule.

The proposed project is for emergency dredging of the Missouri River from river mile 498.4 at Rulo, NE downstream to the confluence near St. Louis, MO. Emergency dredging operations would occur during the navigation season, generally during low flow periods. Dredge locations would be random and dictated by navigation channel obstructions. Emergency dredging may also be necessary to provide access for repair of an existing bank stabilization and navigation project structures. Whenever possible, USACE would contract with commercial sand dredges to remove the sand for commercial use, with discharges limited to fines and oversized materials. The material dredged would be primarily sand, with discharge into the river as close as practicable to the extraction site unless a commercial sand dredger is contracted to remove the material. In cases where commercial sand dredgers are performing the work, material extracted for commercial use would count towards the permitted annual allowable dredging amounts specified in that contractor’s permit(s) in place at the time of the emergency dredging activity.

In order to evaluate the impacts of this permit on the water resources of the State of Nebraska, NDEE 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 Environment and Energy
PO Box 98922
Lincoln, NE 68509-8922

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 NDEE in advance if alternate formats of documents are needed. Our switchboard phone number is 402-471-2186.

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

Shelley Schneider
Engineering and Permitting Division Administrator
Nebraska Department of Environment and Energy
PO Box 98922
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.
(See attached file: Draft Environmental Assessment_404 Clean Water Act Review for Emergency Dredging General Authorization Renewal Missouri River and Gasconade River Harbor (October 2020).pdf)
(See attached file: Public Notice 2020-005-CW Draft Environmental Assessment_404 Clean Water Act Review for Emergency Dredging General Authorization Renewal Missouri River and Gasconade River Harbor (October 2020).pdf)

SizeFile Name
2,629 KB Draft Environmental Assessment_404 Clean Water Act Review for Emergency Dredging General Authorization Renewal Missouri River and Gasconade River Harbor (October 2020).pdf
1,199 KB Public Notice 2020-005-CW Draft Environmental Assessment_404 Clean Water Act Review for Emergency Dredging General Authorization Renewal Missouri River and Gasconade River Harbor (October 2020).pdf