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Public Notice: Clean Water Act interpretive rule for 404(f)(1)(a)

On April 21, 2014, the USEPA and the Corps of Engineers are publishing a Notice of Availability and Public Comment to announce the availability of an interpretive rule regarding the applicability of the exemption from permitting provided under section 404(f)(1)(A) of the Clean Water Act for discharges of dredged and/or fill material associated with certain agricultural conservation practices based on the Natural Resources Conservation Service conservation practice standards that are designed and implemented to protect and enhance water quality. The interpretive rule was effective on April 03, 2014.

  

Under the CWA, section 404 regulates the discharges of dredged and/or fill material into waters of the U.S. and section 404(f)(1) includes a list of activities that are exempt from regulation under section 404. Section 404(f)(1)(A) provides an exemption for discharges of dredged and/or fill material from “normal farming, silviculture, and ranching activities, such as plowing, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices.”  The interpretive rule clarifies that certain NRCS conservation practices that are designed and implemented to protect and enhance water quality are included under these “normal farming, silviculture, and ranching activities.” 

 

The USEPA, the Corps, and NRCS have also entered into a Memorandum of Understanding to guide their future coordination on the exemption. The interpretive rule, Memorandum of Understanding, as well as a list of NRCS practices that meet the exemption, are available via the Internet on the USEPA websites: http://water.epa.gov/lawsregs/guidance/wetlands/agriculture.cfm and http://www2.epa.gov/uswaters; as well as on the Corps website under Latest News: http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx.

 

National Issues Concerning the Interpretive Rule: Similar public notices are being published concurrently by other Corps division or district offices. The Federal Register notice provides public opportunity to become familiar with the interpretive rule and understand what has become effective as of April 03, 2014. The agencies recognize the importance and value of receiving public input on the implementation of this interpretive rule; input which may inform future revisions to the list of activities included under the interpretive rule. The agencies welcome comments in response to the Notice of Availability within 45 days from date of publication in the Federal Register.

 

Submit comments on or before June 05, 2014.

 

Submit your comments, identified by Docket ID No. EPA–HQ–OW–2013–0820 by one of the following methods:

  • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
  • E-mail: ow-docket@epa.gov. Include EPA–HQ–OW–2013–0820 in the subject line of the message.
  • Mail: Send the original and three copies of your comments to:

Water Docket,  Environmental Protection Agency

Mail Code 2822T

1200 Pennsylvania Ave. NW

Washington, DC 20460

Attn.: Docket ID No. EPA–HQ–OW–2013–0820.

  • Hand-delivery / courier: Deliver your comments to:

EPA Docket Center, EPA West

Room 3334, 1301 Constitution Ave. NW

Washington, DC 20460

Attn.: Docket ID No. EPA–HQ–OW–2013–0820

Such deliveries are accepted only during the Docket’s normal hours of operation (8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The telephone number for the Public Reading Room is 202–566–1744 and the telephone number for the Water Docket is 202–566–2426.

 

 

For further information please contact:

Stacey M. Jensen

Regulatory Community of Practice (CECW–CO–R)

U.S. Army Corps of Engineers

441 G St. NW

Washington, DC 20314

202–761–5856

USACE_CWA_RULE@usace.army.mil

 

Include the EPA Docket ID No. EPA-HQ-OW-2013-0820 in the subject line of the message.

 

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Public Notice: Clean Water Act proposed rule for definition of "Waters of the U.S."

On April 21, 2014, the USEPA and the Corps of Engineers are publishing for public comment a proposed rule defining the scope of waters protected under the Clean Water Act, in light of the U.S. Supreme Court cases in U.S. v. Riverside Bayview, Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, and Rapanos v. United States. The proposed rule was developed to enhance protection for the nation’s public health and aquatic resources, and increase CWA program predictability and consistency by increasing clarity as to the scope of “waters of the United States” protected under the Act.

Developing a final rule to provide the intended level of certainty and predictability, and minimizing the number of case-specific determinations, will require significant public involvement and engagement. Such involvement and engagement will allow the agencies to make categorical determinations of jurisdiction, in a manner that is consistent with the scientific body of information before the agencies – particularly on the category of waters known as “other waters.”

The agencies propose to define “waters of the United States” in section (a) of the proposed rule for all sections of the CWA to mean: traditional navigable waters; interstate waters, including interstate wetlands; the territorial seas; impoundments of traditional navigable waters, interstate waters, including interstate wetlands, the territorial seas, and tributaries, as defined, of such waters; tributaries, as defined, of traditional navigable waters, interstate waters, or the territorial seas; and adjacent waters, including adjacent wetlands. Waters in these categories would be jurisdictional “waters of the United States” by rule – no additional analysis would be required. The agencies emphasize that the categorical finding of jurisdiction for tributaries and adjacent waters was not based on the mere connection of a water body to downstream waters, but rather a determination that the nexus, alone or in combination with similarly situated waters in the region, is significant based on data, science, the CWA, and case law.

In addition, the agencies propose that “other waters” (those not fitting in any of the above categories) could be determined to be “waters of the United States” through a case-specific showing that, either alone or in combination with similarly situated “other waters” in the region, they have a “significant nexus” to a traditional navigable water, interstate water, or the territorial seas. The proposed rule also offers a definition of significant nexus and explains how similarly situated “other waters” in the region should be identified.

The agencies propose to exclude specified waters from the definition of “waters of the United States” in section (b) of the proposed rule. The agencies propose no change to the exclusion for waste treatment systems designed consistent with the requirements of the CWA, no change to the exclusion for prior converted cropland, and no change to the regulatory status of water transfers. The agencies propose, for the first time, to exclude by regulation certain waters and features over which the agencies have generally not asserted CWA jurisdiction. Codifying these longstanding practices supports the agencies’ goals of providing greater clarity, certainty, and predictability for the regulated public. Waters and features that are determined to be excluded under section (b) of the proposed rule will not be “recaptured” as jurisdictional waters under any of the categories in the proposed rule under section (a).

The agencies’ decision on how best to address jurisdiction over “other waters” in the final rule will be informed by the final version of the EPA’s Office of Research and Development synthesis of published peer-reviewed scientific literature discussing the nature of connectivity and effects of streams and wetlands on downstream waters (U.S. Environmental Protection Agency, Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis of the Scientific Evidence, (Washington, D.C.: U.S. Environmental Protection Agency, 2013)) and other available scientific information.

The goal of the agencies is to ensure the regulatory definition is consistent with the CWA, as interpreted by the Supreme Court, and as supported by science, and to provide maximum clarity to the public, as the agencies work to fulfill the CWA’s objectives and policy to protect water quality, public health, and the environment.

National issues concerning the proposed rule:

Similar public notices are being published concurrently by other Corps division or district offices. The Federal Register notice is the public’s opportunity to provide comment on the proposed rule. For more information on the proposed rule, please visit: http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/NationalNoticesandProgramInitiatives.aspx  

Submit comments on or before July 21, 2014.

Submit your comments, identified by Docket ID No. EPA–HQ–OW–2011–0880 by one of the following methods:

  • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. 
  • E-mail: ow-docket@epa.gov. Include EPA–HQ–OW–2011–0880 in the subject line of the message. 
  • Mail: Send the original and three copies of your comments to: Water Docket, Environmental Protection Agency, Mail Code 2822T, 1200 Pennsylvania Avenue, NW, Washington, DC 20460, Attention: Docket ID No. EPA–HQ–OW–2011–0880.
  • Hand-delivery / courier: Deliver your comments to: EPA Docket Center, EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, DC 20460, Attention Docket ID No. EPA–HQ–OW–2011–0880. Such deliveries are accepted only during the Docket’s normal hours of operation, which are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. Special arrangements should be made for deliveries of boxed information.
  • The telephone number for the Water Docket is 202–566–2426.

    For further information, contact:

Donna Downing, Office of Water (4502–T)

Environmental Protection Agency

1200 Pennsylvania Ave. NW

Washington, DC 20460

202–566–2428

CWAwaters@epa.gov

Stacey M. Jensen

Regulatory Community of Practice (CECW–CO–R)

U.S. Army Corps of Engineers

441 G St. NW

Washington, DC 20314

202–761–5856

USACE_CWA_Rule@usace.army.mil

 *Include the EPA Docket ID No. EPA-HQ-OW-2011-0880 in the subject line of the message.

 

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Monthly Federal-State interagency coordination / preapplication meetings

Issue Date: Feb. 4, 2014

The U.S. Army Corps of Engineers, Portland District (Corps), and the Oregon Department of State Lands (DSL) jointly welcome prospective Clean Water Act § 404 and Removal-Fill permit applicants to meet with the agencies as part of regularly scheduled interagency pre-application meetings.  The meetings supplement existing pre-application coordination led by the Corps and DSL.

The pre-application process is intended for non-routine permit evaluations that may be complex or controversial in nature. The intent of the meetings is to provide meaningful comment and feedback to prospective applicants early in the permitting process, to help them prepare permit applications.

On the third Wednesday of each month, from 1 to 2 p.m, participating state and federal agencies will meet with a prospective applicant to discuss their proposed project, provide feedback, and share information.

The meetings are designed to assess draft information, and prospective attendees are asked to provide basic project information, in the form of responses to a standard set of questions, at least two weeks prior to the meeting.

Meeting locations and dates for 2014

  • Feb. 19– Portland, 333 SW 1st Ave., 8th floor (visitor check-in on 10th floor)
  • March 19 – Portland, 805 SW Broadway, Ste. 500
  • April 16 – Portland, 2020 SW 4th Ave., Ste. 400
  • May 21 – Portland, 333 SW 1st Ave., 8th floor (visitor check-in on 10th floor)
  • June 18 – Portland, 805 SW Broadway, Ste. 500
  • July 16 – Portland, 2020 SW 4th Ave., Ste. 400
  • Aug. 20 – Portland, 333 SW 1st Ave., 8th floor (visitor check-in on 10th floor)
  • Sept. 17 – Portland, 805 SW Broadway, Ste. 500
  • Oct. 15 – Portland, 2020 SW 4th Ave., Ste. 400
  • Nov. 19 – Portland, 333 SW 1st Ave., 8th floor (visitor check-in on 10th floor)
  • Dec. 17 – Portland, 805 SW Broadway, Ste. 500

Note: Meetings may be relocated to Salem, Eugene, or elsewhere if appropriate for specific prospective projects. 
Screening tools and pre-meeting information
Prospective applicants interested in a formal pre-application meeting should work with their contacts at the Corps and DSL and review online project screening tools before requesting time at a monthly agency meeting.

The screening tools, known as the matrix and accompanying matrix user’s guide, are available on the Oregon Department of State Lands website: http://oregon.gov/dsl/PERMITS/Pages/Removal-Fill-Pre-Application-Meetings.aspx

The matrix will help prospective applicants assess if a pre-application meeting will be beneficial to their project development. Even if the applicant opts to not have a formal pre-app meeting, information in the matrix and user’s guide may be helpful for any project potentially needing a § 404 permit (and associated § 401 Water Quality Certification) or a Removal-Fill Permit, and a less formal pre-application meeting may still be appropriate.

The screening tools are intended primarily for use by large-scale, controversial or major projects. The tools are available for any potential applicant or agency staff person, and can be scaled down to assess the risks associated with less complex or less controversial projects.

Participating agencies

  • U.S. Army Corps of Engineers – Portland District
  • Oregon Department of State Lands
  • Oregon Department of Environmental Quality
  • U.S. EPA – Region 10 Oregon Operations Office
  • NOAA National Marine Fisheries Service
  • U.S. Fish and Wildlife Service
  • Oregon Department of Geology and Mineral Industries
  • Oregon Department of Fish and Wildlife
  • Oregon Department of Land Conservation and Development

For more information, please contact:
Bill Ryan, Oregon Department of State Lands, Wetlands and Waterways Division
Phone: 503-986-5259 (Salem)
Email: Bill.Ryan@dsl.state.or.us

Michael Turaski, U.S. Army Corps of Engineers, Portland District
Phone: 503-808-4381
Email: Michael.R.Turaski@usace.army.mil
Counties: Baker, Clackamas, Clatsop, Columbia, Gilliam, Grant, Hood River, Jefferson, Lincoln, Malheur, Marion, Morrow, Multnomah, Polk, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco, Washington, Wheeler, Yamhill

Teena Monical, U.S. Army Corps of Engineers, Portland District
Phone: 541-465-6877
Email: Teena.G.Monical@usace.army.mil
Counties: Linn, Benton, Lane, Coos, Crook, Curry, Douglas, Jackson, Josephine, Deschutes, Klamath, Lake, Harney

Statewide In-Lieu Fee Program Instrument Modification Approval of Pixieland In-Lieu Fee Mitigation Project

Issue date: Feb. 4, 2013

Interested parties are hereby notified that the U.S. Army Corps of Engineers, Portland District has approved the modification of the Oregon Department of State Lands Statewide In-Lieu Fee Program Instrument to include the Pixieland In-Lieu Fee Wetland Mitigation Project. This wetland mitigation project is a means to meet the requirements for compensatory mitigation for future and as yet unknown wetland losses which may be permitted by the Corps under the authority of Section 404 of the Clean Water Act and by DSL in implementing the provisions of Oregon's Removal-Fill Law (ORS 196.795 -196.990) and according to the Rules for Issuance and Enforcement of Removal and Fill Permits (OAR 141-85-500 to OAR 141-85-785).

The Pixieland project is a 55-acre site located at the intersection of Highway 18 and Highway 101, approximately 2 miles northeast of Lincoln City, Ore. (Section 25 T6S 10W, Section 30 T6S R11W; Lat. 45.022, Long. -123.967; Figure 1).

The Pixieland site was historically tidal marsh, pasture, and forested or shrub-dominated wetland. In the late 1960’s, the site was developed into the Pixieland amusement park and an RV park. Fraser Creek’s course was modified and a weir was installed to direct normal flows into the park and overflow around the park through a ditch to the Salmon River. An electric tidegate within a large concrete structure was installed at the mouth of Fraser Creek. A series of pools and ditches were dug out of the marsh to facilitate drainage and to create water rides and aesthetic features. Fill material was added to the marsh to create building surfaces. Asphalt and concrete pads were installed for the RV park.

The goals of the Pixieland project are:

1) restore approximate ground elevations within the project boundary;

2) to the greatest extent possible, restore the tidal frequency, duration, season, magnitude and extent that is characteristic for the site’s position in the estuary;

3) increase the potential for fish movement into the project area and improve fish habitat support;

4) re-establish native estuarine vegetation and decrease invasive species cover without the use of herbicides; and

5) facilitate long-term success of the project.

Projects that need to mitigate for wetland impacts permitted by the Corps and DSL can purchase “credits” to offset those impacts from a mitigation bank or in-lieu fee site within a defined “service area.”  The Pixieland service area is shown on Figure 2 and covers the following watersheds:

1) Subwatersheds within the Wilson-Trask-Nestucca subbasin 
    a) Salmon River/Siletz/Yaquina (Hydrologic Unit Code (HUC) 1710020408) 
    b) Devils Lake Moolack Frontal (HUC 1710020409)

2) The Neskowin Creek subwatershed (6th field HUC) 171002030903

3) Portions of the Lower Siletz Bay watershed. This portion of the service area is defined by the following townships, ranges and sections: T7S, R11W, Sections 24, 25, 26, 27, 34, 35 and 36, and T8S, R11W, Sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15 & 16.

The Interagency Review Team comprised of representatives of federal, state and local agencies and other interested parties, assisted in the development of the Pixieland ILF program instrument modification and will periodically review project operations.

The Corps point-of-contact for this in-lieu fee wetland mitigation project is Jaimee Davis, Mitigation Program Manager, 503-808-4390 or jaimee.w.davis@usace.army.mil. To inquire about the purchase of mitigation credits, please contact the bank sponsor, Dana Hicks of the Oregon Department of State Lands, at 503-986-5229 or dana.hick@state.or.us.

Training guide and video

Monthly meetings

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Issued:  Jan. 3, 2013

The U.S. Army Corps of Engineers, Portland District and the Oregon Department of State Lands jointly welcome prospective Clean Water Act § 404 and Removal-Fill permit applicants to meet for a regularly scheduled interagency pre-application meeting. This meeting supplements existing pre-application Corps and DSL coordination.

 

The pre-application process is intended for non-routine permit evaluations that may be complex or controversial. The meeting provides the opportunity for meaningful comment and feedback to prospective applicants early in the permitting process.

 

Participating state and federal agencies will meet from 1 to 3 p.m. on the third Wednesday of each month. The agenda reserves approximately one hour for prospective applicants to solicit feedback and present information to the assembled agencies.

 

The meetings are designed to assess draft information, and prospective attendees are asked to provide basic project information in the form of responses to a standard set of input questions at least two weeks prior to the meeting.

Locations and dates aren't yet established for 2014.

Note: Meetings may be relocated to Salem, Eugene or elsewhere if appropriate for specific prospective projects. 

Screening tools and pre-meeting information

Prospective applicants interested in a formal pre-application meeting should work with their points of contact at the Corps and DSL and review online project screening tools prior to requesting time at a monthly agency meeting.

 

The screening tools, known as the matrix and accompanying matrix user’s guide, are available at: http://oregon.gov/dsl/PERMITS/Pages/Removal-Fill-Pre-Application-Meetings.aspx

 

The matrix helps prospective applicants assess the potential value of a pre-application meeting to their project development. Even if the applicant opts to not have a formal pre-app meeting, the matrix and user’s guide may be helpful for any project potentially needing a § 404 permit (and associated § 401 Water Quality Certification) or a Removal-Fill Permit.

 

The screening tools are intended primarily for use by large-scale, controversial or major projects. The tools are available for anyone to use, and can be scaled down to assess the risks associated with less complex or less controversial projects.

For more information, please contact:

Bill Ryan, Oregon Dept. of State Lands, Wetlands and Waterways Div.

503-986-5259  Bill.Ryan@dsl.state.or.us

 

Michael Turaski, U.S. Army Corps of Engineers, Portland District

503-808-4381  Michael.R.Turaski@usace.army.mil

Counties: Baker, Clackamas, Clatsop, Columbia, Gilliam, Grant, Hood River, Jefferson, Lincoln, Malheur, Marion, Morrow, Multnomah, Polk, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco, Washington, Wheeler, Yamhill

 

Teena Monical, U.S. Army Corps of Engineers, Portland District

541-465-6877  Teena.G.Monical@usace.army.mil

Counties: Linn, Benton, Lane, Coos, Crook, Curry, Douglas, Jackson, Josephine, Deschutes, Klamath, Lake, Harney

Public Notices by Year

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NWP-1996-1783-2

Posted: 7/5/2013

Expiration date: 8/3/2013


PUBLIC NOTICE for Permit Application 

                        Issue Date: July 5, 2013

                                    Expiration Date: August 3, 2013

                                        US Army Corps of Engineers No: NWP-1996-1783-2

30-Day Notice                                                     Oregon Department of State Lands No: 52657-RF

 

Interested parties are hereby notified that an application has been received for a Department of the Army permit for certain work in waters of the United States, as described below and shown on the attached plan.

 

Comments: Comments on the described work should reference the U.S. Army Corps of Engineers  number shown above and reach this office no later than the above expiration date of this Public Notice to become part of the record and be considered in the decision. Comments should be mailed to the following address:

 

                        U.S. Army Corps of Engineers

                        Attn: Karen Nelson

                        P.O. Box 2946

                        Portland, OR  97208-2946

 

Applicant:       Kurt Fritsch, City Manager

                        City of Warrenton

                        P.O. Box 250

                        Warrenton, OR 97146              

Location: The project is located within the Warrenton Moorage Basin (Latitude 46.1659, Longitude -123.9176) and 1000 feet parallel to the Skipanon River (abutting the north end of the basin) in Warrenton, Clatsop Co., Ore. (Section 22, Township 8 North, Range 10 West).

 

Waterway:  Skipanon River and Columbia River

Project Description:  Hydraulic suction (16-inch) dredge predominant silty clay and silty clay loam compositions an increased-depth not to exceed 2.5 feet of material, within a 12-acre area, to depths -6 feet, -8 feet, and -10 feet NAVD88, for a total of  45,000 cubic yards. Dredge material would be barged and discharged in an approved Columbia River mainstem flow lane site, within one mile of project site, pending approval from the Portland Sediment Evaluation Team. In addition, 173 wood–preserved (creosote and/or tar) pile, with flotation booms to contain debris, would be removed with a vibratory hammer to a containment area on a barge, and recycled or disposed of in compliance with current disposal/recycling regulations. Forty-one  steel piles would be removed with a vibratory hammer, 295 recreational and 49 commercial wooden boat slips (old, foam balanced floats with a mix of treated and untreated deck materials) would be removed with barge-mounted equipment and land-based cranes (accessed from existing dike roads and commercial pier), and discarded to an approved upland location. Project staging area (less than 1 acre) utilizes a commercial parking and work area southwest of marina, partially under the East Harbor Street Bridge. Moorage would be replaced with 206 recreational and 60 commercial translucent-steel slips, manufactured off-site, off-loaded by crane, and partially assembled on the water, with two new translucent gangways.  Steel piles (200 steel piles) would be driven with a vibratory hammer. Project is proposed in phases to meet the in-water-work window during November through February. Phase 1 would upgrade moorage infrastructure, Phase 2 includes dredging, and Phase 3 and possibly Phase 4 would complete the project.

 

Mitigation: The applicant has proposed mitigation. Wood–preserved (creosote and/or tar) pile (173) would be removed from the moorage basin to a containment area and disposed in compliance with current disposal/recycling regulations.

If a permit is issued, the Corps will determine what is appropriate and practicable compensatory mitigation. The amount of compensatory mitigation required shall be commensurate with the anticipated impacts of the project.

Purpose:  Dredge the Warrenton Moorage Basin to improve navigation for recreational and commercial vessels, replace aging moorage facilities, improve public safety, and increase city and business revenues.

 

Drawings:  Four drawings are attached and labeled Corp No. NWP-1996-1783-2 enclosure.

 

Additional Information:  Additional information may be obtained from  Karen Nelson, Project Manager, U.S. Army Corps of Engineers at 503-808-4383 or email Karen.L.Nelson@usace.army.mil.

 

Authority:  This permit will be issued or denied under the following:

            Section 10, Rivers and Harbors Act 1899 (33 U.S.C. 403), for work in or affecting navigable waters of the United States.

            Section 404, Clean Water Act (33 U.S.C. 1344), for discharge of dredged or fill material into waters of the United States.

 

Water Quality Certification: A permit for the described work will not be issued until certification, as required under Section 401 of the Clean Water Act (P.L. 95‑217), has been received or is waived from the certifying state.  Attached is the state's notice advertising the request for certification.

 

Section 404(b)(1) Evaluation: The impact of the activity on the public interest will be evaluated in accordance with the Environmental Protection Agency guidelines pursuant to Section 404(b)(1) of the Clean Water Act.

 

Public Hearing:  Any person may request in writing within the comment period specified in this notice that a public hearing be held to consider this application. Requests for public hearings shall state with particularity the reasons for holding a public hearing.

 

Endangered Species:  Preliminary determinations indicate that the described activity may affect an endangered or threatened species or its critical habitat. Consultation under Section 7 of the Endangered Species Act of 1973 (87 Stat. 844) will be initiated.  A permit for the proposed activity will not be issued until the consultation process is completed.

 

Cultural Resources: This notice has been provided to the State Historic Preservation Office, interested Native American Indian tribes, and other interested parties. If you have information pertaining to cultural resources within the permit area, please provide this information to the Corps project manager (identified above in this notice) to assist in a complete evaluation of potential effects.

 

Evaluation: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the described activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the described activity, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the described activity will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and, in general, the needs and welfare of the people.

 

The Corps is soliciting comments from the public; Federal, state, and local agencies and officials; Indian tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above.  Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.  Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

 

Additional Requirements:  State law requires that leases, easements, or permits be obtained for certain works or activity in the described waters. These state requirements must be met where applicable, and a Department of the Army permit must be obtained before any work within the applicable Statutory Authority previously indicated may be accomplished. Other local governmental agencies may also have ordinances or requirements, which must be satisfied before the work is accomplished.

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