Public Notice Information
Water: 401 Certification
K & W Farms and NRCS
Spring Creek
Public Notice Documents
All Program Documents
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Notice of Intent to Certify
July 2, 2018
July 27, 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.

K & W Farms, in association with the Natural Resource Conservation Service, has applied for a Section 404 permit under Nationwide Permit 27, Aquatic Habitat Restoration, Enhancement and Establishment Activities, 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 2012 Nebraska Water Quality Certification of Nationwide Permits, which states that:

A. Springs. No filling, whether permanent or temporary, of any spring (natural artesian discharge of ground water to the surface where the point of origin is an aquifer) associated with a waterbody’s point of origin, or those located in a stream bed, shall be allowed under a nationwide permit prior to the issuance of an Individual WQC certification.

The proposed project will consist of the installation of four rock vein wing deflectors and five vortex weirs within Springs Creek, to increase instream habitat for the existing rainbow trout population. The work will take place along a 1000+/- foot long reach of the stream, near its headwaters, north east of the Town of Stuart, in Holt County, Nebraska. The work would result in the discharge of approximately 30 cubic yards rock below the ordinary high water mark of the stream which would directly impact approximately 28 linear feet of stream bed. No wetlands are proposed to be impacted by the project. Numerous springs are located in the vicinity of the project; however, it is unlikely that the work will affect the flow of the springs or the habitat that they currently provide. Water Quality Certification will include the condition that the location of the fill will not occur within springs that may be located within or adjacent to the work site.

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.