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

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401 Water Quality Certification
November 12, 2020
December 12, 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 with the Nebraska Department of Environment and Energy (NDEE) by the persons listed below for discharges requiring federal permits or licenses.

U.S. Army Corps of Engineers (the Corps) has applied for Water Quality Certification (WQC) of the 2022 Nationwide Permits (NWPs), General Conditions, and definitions. 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 WQC of the NWPs. In accordance with 33CFR § 330.4(c)(1) state WQC, or waiver thereof, is required prior to the issuance or reissuance 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.

In order to evaluate the impacts of these permits on the water resources of the State of Nebraska, NDEE encourages interested citizens to submit favorable or unfavorable written comments. Please limit comments to relevant issues addressed in this request. Persons may comment upon or object to the application, by submitting written comments within 30 days after this publication date of this notice to:

CWA Section 401 Coordinator
Nebraska Department of Environment and Energy
PO Box 98922
Lincoln, NE 68509-8922

Final Draft Nebraska WQC of the 2022 NWPs and other pertinent documents can be viewed by following attached the links. Persons may also request information about the application, or request copies of documents for inspection, at the same address 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, 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: Nebraska Conditional WQC of the 2022 NWPs 11-12-2020.pdf)

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502 KB Nebraska Conditional WQC of the 2022 NWPs 11-12-2020.pdf