Public Notice: U.S. Army Corps of Engineers Regional General Permit 98-05 in State of Nebraska (NWO-1998-20005-WEH)

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 the U.S. Army Corps of Engineers (USACE) for a Clean Water Act (CWA) Section 401 water quality certification (WQC) for Indian Country for USACE Regional General Permit (RGP) 98-05.

Section 401 of the Clean Water Act requires all applicants for federal licenses or permits to conduct any activity that may result in any discharge into waters of the United States to obtain a certification or waiver from the certifying authority where the discharge originates or will originate.

EPA will do a review to determine if the proposed activity will comply with applicable water quality requirements, including any limitations, standards, or other requirements under Sections 301, 302, 303, 306, and 307 of the CWA; any federal, state, or tribal laws or regulations implementing those sections; and any other water quality-related requirement of state or tribal law. Where no state or tribe has authority to do the review and give such certification or waiver, EPA is the certifying authority [33 U.S.C. 1341(a)(1)].

In this case, the Iowa Tribe of Kansas and Nebraska, Omaha Tribe of Nebraska, Ponca Tribe of Nebraska, Sac and Fox Nation of Missouri in Kansas and Nebraska, and Santee Sioux Nation do not have the authority to provide CWA Section 401 certification. Therefore, EPA is making the certification decision for the following permit:

Federal Permit Requiring Certification: NWO-1998-20005-WEH (General Permit 98-05)

Permit: USACE Regional General Permit (RGP)

Applicant: USACE 

Description: The intent of the reissuance of the above-referenced RGP 98-05 is to combine the existing RGP-98-05-WEH: Manmade Lakes and Ponds Maintenance and Rehabilitation and the existing RGP-89-01-WEH: Bank Protection on Nebraska Game and Parks Commission Water Bodies, both of which are set to expire early 2025. So this reissuance of USACE RGP 98-05 Amendment #5 authorizes the discharge of suitable material into the water bodies for the purpose of maintenance and rehabilitation. For the purposes of this permit, water bodies include lakes, impoundments, and ponds. For more information, please refer to the USACE's public notice.

Note: According to the USACE’s Obtain a Permit webpage, a “general permit” is issued for projects that will result in only minimal adverse impacts. Also, the USACE has noted there are no major changes, just combining the two existing general permits.

Location: The Regional General Permits’ project locations including lakes, impoundments, ponds in the state of Nebraska, and Indian country within the Nebraska boundaries. This would include the following tribes that do not have CWA Section 401 certification authority: Iowa Tribe of Kansas and Nebraska, Omaha Tribe of Nebraska, Ponca Tribe of Nebraska, Sac and Fox Nation of Missouri in Kansas and Nebraska, and Santee Sioux Nation.

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