Public Notice Information
Water: 401 Certification
0
Nebraska Department of Transportation
Statewide
Spencer

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401 Water Quality Certification
December 16, 2020
January 15, 2021

REQUEST FOR COMMENTS: WATER QUALITY CERTIFICATION


NOTICE OF INTENT TO CERTIFY
NEBRASKA DEPARTMENT OF ENVIRONMENT AND ENERGY
ENGINEERING AND PERMITTING DIVISION
LINCOLN, NEBRASKA

In accordance with Section 401 of the federal Clean Water Act (CWA) (33 U.S.C. Par. 1251 et seq.), certification that Title 117, Nebraska Administrative Code (NAC) – Nebraska Surface Water Quality Standards will not be violated, 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.

Nebraska Department of Transportation (NDOT) has applied for a Section 404 permit under Nationwide Permit 23, Approved Categorical Exclusion 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 the 2020 Clean Water Act Section 401 - Water Quality Certification rule due to impacts in a State Resource A water.

The proposed project will consist of bridge replacement over the Niobrara River on Highway 281 south of Spencer, Nebraska. This project will result in the permanent and unavoidable loss of 0.396 acres of PEMF wetlands and 1.997 acres (961 linear feet) of channel below Ordinary High Water Mark (OHWM). Wetlands permanently impacted by this project will be mitigated on-site by NDOT, downstream of the project on the north bank. WQC will include the condition that compensatory mitigation is required for all permanent and unavoidable losses of wetlands greater than the state threshold of 0.10 acres. Mitigation should consist of on-site restoration or creation of equivalent in-kind wetland habitat at a minimum ratio of 1.5 restored or created acres for every 1.0 acre of affected area.

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 switchboard 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
Engineering and Permitting Division Administrator
Nebraska Department of Environment and Energy
PO Box 98922
Lincoln, NE 68509-8922

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407 KB Public Notice Hwy 281 Spencer Bridge.pdf