Public Notice Information
Water: 401 Certification
Nebraska Game and Parks
Missouri River
Public Notice Documents
All Program Documents
May be slow to load depending on the number of documents
intent to certify temporary bank stabilization
July 25, 2018
August 24, 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.

Nebraska Game and Parks has applied for a Section 404 permit under Nationwide Permit 13, Bank Stabilization 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 2012 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 Nebraska Game and Parks Commission proposes the installation of a cedar revetment along 180-linear feet riverbank below the Ordinary High Water Mark (OHWM), of the Missouri River, to stabilize an eroding embankment and protect an existing boat ramp. The work would involve the installation of approximately 30 cut cedar trees at the toe of bank in two locations upstream and downstream of the boat ramp. Trees would also be draped over the vertical bank. The trees would be secured in place by ropes/cables, attached to stakes driven into the ground. This is a temporary measure to secure the bank during high water conditions while the project sponsor investigates a permanent solution to the eroding river banks surrounding the boat ramp. The project is located at the Sunshine Bottom Boat Ramp, which is approximately 3 miles east of the town of Lynch, in Boyd County, NE; Section 17/18, Township 34 North, Range 9 West; 42.921477°N, -998.407763°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.