Public Notice: U.S. Army Corps of Engineers Clean Water Act, Section 404 Permit – NDOT Project Niobrara East and West N-12 (Corps NWO-2004-10258)
Summary
Notice of Intent to Consider Certification in Indian Country
Section 401 of Clean Water Act
The U.S. Environmental Protection Agency (EPA) received a request from Benesch, agent for the Nebraska Department of Transportation (NDOT), for a Clean Water Act (CWA) Section 401 water quality certification (WQC) for Indian Country for the U.S. Army Corps of Engineers (USACE) CWA Section 404 permit for NDOT Project Niobrara East and West N-12 (NWO-2004-10258).
Section 401(a)(1) of the CWA requires applicants for federal licenses or permits that may result in any discharge into waters of the United States to obtain certification or waiver from the certifying authority where the discharge would originate. EPA acts as the certifying authority in areas of Indian Country on behalf of those tribes that have not received treatment in a similar manner as a state (TAS) for Section 401; in this case, the Santee Sioux Nation in Nebraska. EPA will act on this certification request by either: 1) granting certification, 2) granting certification with conditions, 3) denying certification, or 4) expressly waiving certification, consistent with CWA Section 401 and EPA’s implementing regulations at 40 Code of Federal Regulations (CFR) 121.
Applicant’s Name: Nebraska Department of Transportation
Agent’s Name: Benesch
Project Location: The permit project location includes NE Highway 12 in Nebraska and Indian Country (Santee Sioux Nation). The portion in the Santee Sioux Nation includes NE Highway 12 from the Tribe’s western reservation boundary east to just past 531 Avenue.
Project Description: Nebraska Department of Transportation Project Niobrara East and West N-12 (NWO-2004-10258) – NDOT proposes to raise the western and eastern floodplain segments of N-12 to an elevation approximately 3 feet above the projected water elevation of the Missouri River during a 100-year flood event. In addition, the roadway would be widened to meet current NDOT safety criteria.
For more information, see the USACE Omaha District’s Environmental Impact Statement.
Persons may comment upon or object to the application, or may request a public hearing, by sending an email to r7cwa401@epa.gov within 15 days of the publication date of this public notice. Persons may also request information about the application by calling Jennifer Ousley, EPA Region 7, toll-free at 1-800-223-0425. Persons requesting a public hearing must state the nature of the issues to be raised at the hearing and all arguments and actual grounds for supporting their position. Public comments provided will be considered prior to making a final decision regarding the certification.
Applicants or Respondents
Nebraska Department of TransportationNE
United States