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

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401 Water Quality Certification
September 6, 2021
October 6, 2021

Public Notice: Revised Water Quality Certification of the

2020 Nationwide Permits

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 (NAC) will not be violated, has been applied for with the Nebraska Department of Environment and Energy (NDEE). U.S. Army Corps of Engineers (the Corps) has applied for Water Quality Certification (WQC) re-issuance of the remaining 41 2020 Nationwide Permits (NWPs). As the state water pollution control agency with jurisdictional authority over Nebraska’s surface waters, NDEE is tasked pursuant to § 401 of the Clean Water Act (CWA) with review and issuance of WQC of the NWPs. In accordance with 33CFR § 330.4(c)(1) state WQC, or waiver thereof, is required prior to the issuance or re-issuance of NWPs authorizing activities which may result in a discharge into federally jurisdictional waters. Certification is based on input received during a 30 day public comment period and NDEE’s determination as to whether there is reasonable assurance that NWPs will not violate applicable provisions of Sections 301, 303, 306, 307, and 310 of the CWA, and Title 117 – Nebraska Surface Water Quality Standards. The state may issue WQC, issue WQC with conditions, or deny or waive certification. NDEE issued a request for comment on the Nebraska WQC for the 2020 NWPs on November 12, 2020. The NDEE utilized public comments submitted regarding all NWPs and granted certification of the 2020 NWPs with twelve special conditions. On January 13, 2021, the Corps published in the Federal Register their final rule re-issuing 12 NWPs and issuing 4 new NWPs as well as the general conditions and definitions. On June 11, 2021, the Corps submitted a draft final rule for the remaining 41 NWPs for review to the Office of Management and Budget (OMB) under Executive Order 12866. On August 18, 2021, the Corps provided the NDEE with a reasonable period of time extension of 60 days for the re-issuance of the remaining 41 NWPs. NDEE may revise and re-issue Nebraska WQC by October 13, 2021 for the 41 NWPs not yet finalized. The draft final rule contains no material changes of the remaining NWPs and therefore does not require the Corps to request a new WQC for those permits. Upon review of the draft rule, NDEE identified minor clerical inconsistencies between the WQC and the NWP rule. The NDEE is not accepting public comment on these administrative changes, however, in order to provide clarity and consistency between the WQC and the final NWP rule, the NDEE is providing notice to the public its intent to revise the following WQC conditions: Under, “General Conditions Under which the 2020 NWPs are Granted Certification”, NWP A has been changed to 55, B has been changed to 56, C and D have been removed, and E has been changed to 59. Under, “Conditions for Certification for Certain Activities Authorized by Specific 2020 NWPs”, NWPs 57 and 58 have been added and within sub-condition A, NWP C has been changed to 57 and D has been changed to 58. The revised final draft of the Nebraska WQC for the 2020 NWPs and other pertinent documents can be viewed on the NDEE website under Public Notices . Persons may also 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 by contacting the CWA Section 401 Coordinator, Dane Pauley at (402) 471- 2875. Please notify NDEE in advance if alternate formats of documents are needed.

(See attached file: NDEE__401_RPOT.pdf)(See attached file: Nebraska Conditional WQC of the 2020 NWPs Revised Draft.pdf)(See attached file: Text of 41 Nationwide Permits in the Draft Final Rule_16 August 2021.pdf)

SizeFile Name
152 KB NDEE__401_RPOT.pdf
219 KB Nebraska Conditional WQC of the 2020 NWPs Revised Draft.pdf
360 KB Text of 41 Nationwide Permits in the Draft Final Rule_16 August 2021.pdf