Under section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act
The U.S. Army Corps of Engineers understands that during a flood emergency and times of imminent danger landowners may decide to do what they determine is necessary to protect their property. Where possible, it is imperative for the public to contact the USACE Nebraska Regulatory Office at (402) 896-0896 for work in waters of the U.S. associated with flood protection and repair work performed in waters of the U.S for flood damaged areas within the State of Nebraska and the Omaha District. A flood emergency does not remove the landowner's responsibility to obtain a Section 404 permit, if a permit is required.
Under Section 404 of the Clean Water Act, the Corps regulates fill material placed below the Ordinary High Watermark (OHWM) within waters of the U.S. and may regulate the removal of fill material. The OHWM is the line on the shore/bank/waterway established by the fluctuations of water and indicated by physical characteristics. Fill placed in upland areas (areas above the OHWM) is not typically regulated under the Clean Water Act. It is the landowner’s responsibility to contact USACE to determine if a flood-related activity lies within the USACE Regulatory jurisdiction.
The District Engineer for the Omaha District has developed a Regional General Permit 11-02 (RGP 11-02), authorizing certain flood-related fill or excavation activities, other work associated with flood protection, and repair work for flood-damaged areas performed in waters of the U.S. within the State of Nebraska. Additional information on flood related permitting and RGP 11-02 is available on our website.
Waters of the U.S. include, but are not limited to, rivers, lakes, ponds, creeks, streams, and wetland areas. This RGP may apply to localized or widespread flood events and includes, but is not limited to, the following activities:
- Repair and reconstruction of existing roads
- Temporary levee construction and repair
- Bridge embankment repair
- Protection and/or repair of utility structures
- Bank protection/stabilization
- Protection and restoration of intake structures.
Fill and excavation impacts authorized by this RGP will be limited to the minimum necessary for the project. Proposed wetland fill or drainage activities authorized by this permit may require mitigation. Mitigation plans will be developed by the applicant, approved by the USACE, and coordinated with the applicable resource agencies on a case-by-case basis. In urgent situations, approval of mitigation plans by the USACE may be subsequent to the approval of the requested work, since sufficient time may not be available to approve mitigation before the work must take place.
To request authorization of work under RGP 11-02, contact the Nebraska Regulatory office for a determination that the proposed work is necessitated by flood conditions and meets the RGP 11-02 criteria.
The following information is required:
1. Name, address, and telephone number of the landowner and the person responsible for the work if other than the landowner.
2. A written description of the proposed work, including the purpose and need; type, composition and volume of fill and/or excavated material; length, width and depth of fill material and/or excavation area; disposal site for the fill and/or excavated material; borrow site for fill material; types of equipment to be used; and impacts to wetlands, streams or other waters of the U.S.
3. A written legal description of the project location including section, township, range, and county.
4. Names, addresses, and telephone numbers of adjacent property owners.
5. A set of drawings on 8 1/2 by 11 inch paper, with dimensions of the proposed work, showing:
a. The project location identified on an aerial map, including the disposal site locations.
b. A plan or top view of the project area.
c. A typical cross-section or side view of the project area.
d. Photographs of the project area.
e. As applicable, a restoration plan showing how all temporary fills and structures will be removed and the area restored to pre-project conditions.
6. Mitigation to offset impacts to wetlands and streams may be required.The Nebraska Regulatory Office will make this determination at the appropriate time.
7. For all activities located on tribal land, the Nebraska Regulatory Office will coordinate the project with the applicable tribe prior to authorization.
8. No project may proceed until notification approval has been received from the Nebraska Regulatory Office that the proposal meets the RGP criteria.
NOTE: Permittees proposing work in the Missouri River in the State of Iowa should also submit the above information to the Iowa Department of Natural Resources. It is recommended the information be submitted using the Joint Application Form, “Protecting Iowa Waters”, found at: http://floodplain.iowadnr.gov
The information submitted must clearly describe the project so that USACE can determine whether or not the work complies with the terms, conditions, and limitations of this RGP. The project may not proceed until notification approval has been received from the Corps that the proposed work meets the RGP criteria.
EMERGENCY AUTHORIZATION PROCEDURES: More extensive flood repair work which exceeds the RGP 11-02 limits may be authorized under emergency authorization procedures when there is an unacceptable hazard to life, significant loss of property and/or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process an application under standard procedures.
The following are the procedures to process a request for an emergency authorization:
- Project proponents should e-mail or personally deliver to the Nebraska Regulatory Office information which details the proposed work, location map and a narrative description of what needs to be done, how soon, and how the situation occurred.
- The Nebraska Regulatory Office will coordinate the emergency response with the Omaha District Regulatory Office, Northwestern Division Office, and other resources agencies.
If you have questions or would like assistance in determining if a permit is required for any flood-related activities, please contact the appropriate USACE Regulatory Office from the list of contacts below.
- Nebraska Regulatory Office: (402) 896-0896
- Omaha District, Regulatory Branch (402) 995-2451