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

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401 Water Quality Certification
February 22, 2021
March 24, 2021



Pursuant to § 401 of the Clean Water Act of 1977, as amended by the Water Quality Act of 1987, 2020, and Title 120, Nebraska Administrative Code (NAC), Rules and Regulations Pertaining To Certification by The State of Nebraska to an applicant for a federally issued and administered permit or license to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in a discharge into navigable waters, if the discharge will not violate Title 117 – Water Quality Standards, has been applied for to 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, Gavin’s Point Project, has applied for a Section 404 permit under Nationwide Permit 27, Aquatic Habitat Restoration, Establishment, and Enhancement Activities from the U.S. Army Corps of Engineers, Regulatory Office, to conduct activities in waters of the United States. The proposed project requires an individual state Water Quality Certification (WQC) in accordance with the 2020 Clean Water Act Section 401 - Water Quality Certification rule due to impacts being in a State Resource A water, Missouri National Recreational River.

The proposed project will consist of wetland restoration at Audubon Bend on the Missouri River. This project will consist of tree removal, irrigation pivot removal and ditch plugging to retain water in the wetland. The Department intends to issue a 401 water quality certification as impacts will result in no more than minimal adverse environmental effects.

In order to evaluate the water quality impacts of this permit on the water resources of the State of Nebraska, NDEE 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 of the publication date of this notice to:

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

Persons may request information about the application, or request copies of documents for inspection Monday through Friday during normal business hours from 8:00 am until 5:00 pm. Please notify NDEE in advance if alternate formats of documents are needed. Our main office phone number is 402-471-2186.

A public hearing may be requested. A request for a hearing must state the nature of the issues to be raised and all arguments including actual grounds supporting such position. Such comments will be considered prior to making a final decision regarding the request.
Please submit requests in writing to:

Shelley Schneider, P.E.
Engineering and Permitting Division Administrator
Nebraska Department of Environment and Energy
PO Box 98922
Lincoln, NE 68509-8922

(See attached file: Audubon Bend Wetland Restoration PN.pdf)

SizeFile Name
103 KB Audubon Bend Wetland Restoration PN.pdf