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Water: 401 Certification |
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Knox County Highway Department |
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Section 17, Township 31 North, Range 6 West |
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Verdigre |
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CWA Section 401 Water Quality Certification |
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September 20, 2018 |
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October 20, 2018 |
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REQUEST FOR COMMENTS: WATER QUALITY CERTIFICATION
NOTICE OF INTENT TO CERTIFY
DEPARTMENT OF ENVIRONMENTAL QUALITY
WATER QUALITY DIVISION
LINCOLN, NEBRASKA
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.
Knox County Highway Department has applied for a Section 404 permit under Nationwide Permit 14, Linear Transportation Projects, 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 33 CFR 330.4(c) and 2017 Nebraska Water Quality Certification of Nationwide Permits, which states that:
None of these nationwide permits shall be applicable in waterbodies designated as State Resource Waters – Class A in Title 117 - Nebraska Surface Water Quality Standards. The basis for this prohibition is found in Nebraska Surface Water Quality Standards (Title 117), Chapter 3 §002, the Antidegradation Clause, which states, “These are surface waters, whether or not they are designated in these Standards, which constitute an outstanding State or National resource, such as waters within national or state parks, national forests or wildlife refuges, and waters of exceptional recreational or ecological significance. Waters which provide a unique habitat for federally designated endangered or threatened species and rivers designated under the Wild and Scenic Rivers Act are also included. The existing quality of these surface waters shall be maintained and protected.”
The proposed project involves the replacement of the bridge that carries County Road 885 over Verdigre Creek. The new bridge would be located approximately 100 feet north (downstream) of the existing bridge location with realignment of the approach roads to accommodate traffic for the new bridge. The existing bridge and existing approach roads would be removed once the new bridge is operational. The proposed work would impact approximately 0.034 acres of wetlands and 87 linear feet of stream to construct the new bridge and approach roads. The project site is located in Knox County, north of Verdigre, Nebraska; Section 17, Township 31 North, Range 6 West; 42.655183°N, -98.043583°W. No compensatory mitigation is anticipated for this project
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.
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