department of environmental conservation
TRANSCRIPT
Department of Environmental Conservation
DIVISION OF WATER
Wastewater Discharge Authorization Program
555 Cordova Street
Anchorage, Alaska 99501-2617
Main: 907.269.6285
Fax: 907.334.2415
www.dec.alaska.gov/water/wwdp December 28, 2020
Mr. William Azar 4530 Montrose Circle Anchorage, Alaska 99502
Re: Azar, Sand and Gravel Extraction (Nimiuk Point Lot 2B) POA-2020-00461, Hotham Inlet
Dear Mr. Azar:
In accordance with Section 401 of the Federal Clean Water Act of 1977 and provisions of the Alaska
Water Quality Standards, the Department of Environmental Conservation (DEC) is issuing the
enclosed water quality certificate that the discharge from the proposed project will comply with water
quality requirements for the placement of dredged and/or fill material in waters of the U.S., including
wetlands and streams, associated with the extraction of sand and gravel within Nimiuk Point
Subdivision Lot 2B near Kotzebue, Alaska.
DEC regulations provide that any person who disagrees with this decision may request an informal
review by the Division Director in accordance with 18 AAC 15.185 or an adjudicatory hearing in
accordance with 18 AAC 15.195 – 18 AAC 15.340. An informal review request must be delivered to the
Director, Division of Water, 555 Cordova Street, Anchorage, AK 99501, within 20 days of the permit
decision. Visit http://dec.alaska.gov/commish/review-guidance/ for information on Administrative
Appeals of Department decisions.
An adjudicatory hearing request must be delivered to the Commissioner of the Department of
Environmental Conservation, PO Box 111800, Juneau, AK 99811-1800; Location: 410 Willoughby
Avenue, Suite 303, Juneau within 30 days of the permit decision. If a hearing is not requested within
30 days, the right to appeal is waived.
By copy of this letter we are advising the U.S. Army Corps of Engineers of our actions and enclosing a
copy of the certification for their use.
Sincerely, James Rypkema Program Manager, Storm Water and Wetlands Enclosure: 401 Certificate of Reasonable Assurance cc: (with encl.)
Mary Romero, USACE, Anchorage Maria Lewis, MLP & Associates, LLC
Audra Base, ADF&G/Habitat, Fairbanks Fairbanks USFWS Field Office Matthew LaCroix, EPA, AK Operations
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STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CERTIFICATE OF REASONABLE ASSURANCE
In accordance with Section 401 of the Federal Clean Water Act (CWA) and the Alaska Water Quality
Standards (18 AAC 70), a Certificate of Reasonable Assurance, is issued to Mr. William Azar at
4530 Montrose Circle, Anchorage, Alaska 99502 for placement of dredged and/or fill material in waters
of the U.S. including wetlands and streams in association with the extraction of sand and gravel within
Nimiuk Point Subdivision Lot 2B near Kotzebue, Alaska.
A state issued water quality certification is required under Section 401 because the proposed activity will
be authorized by a U.S. Army Corps of Engineers permit (POA 2020-00461) and a discharge of
pollutants to waters of the U.S. located in the State of Alaska may result from the proposed activity.
Public notice of the application for this certification was given as required by 18 AAC 15.180 in the
Department Public Notice POA 2020-00461 posted from November 12 to December 3, 2020.
Project Description and Location
The applicant’s stated purpose is to develop a gravel pit in order to supply material for the Cape
Blossom Road project as well as other public and private projects throughout the Kotzebue area. The
proposed work would develop a five-cell gravel pit by mechanically land clearing up to 34 acres of
Palustrine wetlands for the purpose of extracting 500,000 cubic yards of material. The extraction area
will be bounded by a 100-foot buffer zone along the northern, eastern, and southern property lines.
The westerly extraction limit is the toe of the existing bluff. Additionally, the applicant proposes to
construct a 100’ x 30’ access road in 0.07 acre of Palustrine wetlands to the edge of Hotham Inlet for
loading the material onto barges. The project would have a total impact to 34.07 acres of Palustrine
wetlands. Access to the site will be by beach landing craft and/or deck barge with landing ramp
adjacent to the extraction site.
The gravel pit would be developed within five different approximately seven-acre cells. Each cell is
proposed for development from May through September in consecutive years (2021 – 2025). The
anticipated direction of mining will proceed from the northeast corner working west and south. The
material will be extracted with excavators and bulldozers and hauled to the shoreline with articulated
off-road dump trucks for loading on deck barges. Equipment will access the site via deck barges along
the shoreline. All overburden will be stored on-site within the first cell area to be used for reclamation
purposes. The stockpiles will be located away from areas of concentrated runoff flow and a minimum
of 100-feet from waters of the U.S. Previous cells would be reclaimed when the materials have been
depleted from the cell. All materials would be stockpiled on-site within the cell in development until the
material could be loaded onto a barge for delivery to Kotzebue.
The proposed activity is located with Sections 24 & 25, T. 16 N., R 16 W., and Section 19 & 30,
T. 16 N., R 15., Kateel Meridian, Latitude 66.7653° N., Longitude -162.0154° W.; approximately 18 air
miles southeast of Kotzebue, Alaska.
Antidegradation Analysis Finding
Pursuant to the Department’s Antidegradation Policy and Implementation Methods at 18 AAC 70.015
and 18 AAC 70.016, DEC finds that the project would comply with the requirements for Tiers 1 and 2
with regard to water quality impacts to receiving water immediately surrounding the dredge or fill
material. The use of appropriate best management practices and erosion and sediment control measures
would adequately protect the existing water uses and the level of water quality necessary to protect
existing uses. Any potential water quality degradation is expected to be temporary and limited and
necessary to accommodate important social and/or economic development in the area.
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Conditions Necessary to Ensure Compliance with Water Quality Standards or Other
Appropriate Water Quality Requirements of State Law
The Department of Environmental Conservation (DEC) reviewed the application and certifies that
there is reasonable assurance that the proposed activity, as well as any discharge which may result will
comply with applicable provisions of Section 401 of the CWA and the Alaska Water Quality Standards,
18 AAC 70, provided that the following additional measures are adhered to.
Pursuant to 18 AAC 70.020(a) and the Toxics and Other Deleterious Organic and Inorganic Substances
in 18 AAC 70.020(b), the following conditions are designed to reduce pollutants from construction
activity to ensure compliance with the applicable water quality standards.
Pollutants/Toxics
1. Fuel storage and handling activities for equipment must be sited and conducted so there is no
petroleum contamination of the ground, subsurface, or surface waterbodies.
2. During construction, spill response equipment and supplies such as sorbent pads shall be
available and used immediately to contain and cleanup oil, fuel, hydraulic fluid, antifreeze, or
other pollutant spills. Any spill amount must be reported in accordance with Discharge
Notification and Reporting Requirements (AS 46.03.755 and 18 AAC 75 Article 3). The applicant
must contact by telephone the DEC Area Response Team for Northern Alaska at (907) 451-2121
during work hours or 1-800-478-9300 after hours. Also, the applicant must contact by telephone
the National Response Center at 1-800-424-8802.
3. Construction equipment shall not be operated below the ordinary high-water mark if equipment
is leaking fuel, oil, hydraulic fluid, or any other hazardous material. Equipment shall be inspected
and recorded in a log daily for leaks. If leaks are found, the equipment shall not be used and
pulled from service until the leak is repaired.
Turbidity
4. If the industrial activity of this project includes storm water discharges associated from mineral or
metal mining, or open-cut gravel quarries, the permittee will need to obtain additional discharge
coverage from an appropriate Alaska Pollutant Discharge Elimination System (APDES) permit.
To determine if the project will require a Multi-Sector General Permit (MSGP) authorization,
please see MSGP requirements at http://dec.alaska.gov/water/wastewater/stormwater/
MultiSector and/or contact Teri Buck, 907-334-2281, [email protected] for more
information.
Erosion and Sediment Control
5. Excavated or fill material, including overburden, shall be placed so that it is stable, meaning after
placement the material does not show signs of excessive erosion. Indicators of excess erosion
include gullying, head cutting, caving, block slippage, material sloughing, etc. The material must
be contained with siltation best management practices (BMPs) to preclude reentry into any waters
of the U.S., which includes wetlands.
6. Include the following BMPs to handle storm water and total storm water volume discharges as
they apply to the site:
a. Divert storm water from off-site around the site so that it does not flow onto the project site
and cause erosion of exposed soils;
b. Slow down or contain storm water that may collect and concentrate within a site and cause
erosion of exposed soils;
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c. Place velocity dissipation devices (e.g., check dams, sediment traps, or riprap) along the length
of any conveyance channel to provide a non-erosive flow velocity. Also place velocity
dissipation devices where discharges from the conveyance channel or structure join a water
course to prevent erosion and to protect the channel embankment, outlet, adjacent stream
bank slopes, and downstream waters.
7. Natural drainage patterns shall be maintained, to the extent practicable, without introducing
ponding or drying.
Vegetation Protection and Restoration
8. All work areas, material access routes, and surrounding wetlands involved in the construction
project shall be clearly delineated and marked in such a way that equipment operators do not
operate outside of the marked areas.
9. Any disturbed ground and exposed soil not covered with fill must be stabilized and re-vegetated
with endemic species, grasses, or other suitable vegetation in an appropriate manner to minimize
erosion and sedimentation, so that a durable vegetative cover is established in a timely manner.
General Condition
10. If your project is not completed by the time limit specified under USACE Permit and will
continue, or for a modification of the USACE permit, you must submit an application for
renewal of this certification at least 60 days before the expiration date or any deadline established
by USACE for certification action on the modification, or 60 days before the proposed effective
date of the modification, whichever is sooner. (18 AAC 15.130 and 18 AAC 15.180)
Date: December 28, 2020
James Rypkema, Program Manager Storm Water and Wetlands
PUBLIC NOTICE Alaska Department of Environmental Conservation (DEC)
Wastewater Discharge Authorization Program/401 Certification
555 Cordova Street, Anchorage AK 99501-2617
Phone: 907-269-6285|Email: [email protected]
Notice of Application
for State Water Quality Certification Public Notice (PN) Date: November 12, 2020 PN Reference Number: POA-2020-00461 PN Expiration Date: December 3, 2020 Waterway: Hotham Inlet
Any applicant for a federal license or permit to conduct an activity that might result in a discharge into
navigable waters, in accordance with Section 401 of the Clean Water Act (CWA) of 1977 (PL95-217), also
must apply for and obtain certification from the Alaska Department of Environmental Conservation that
the discharge will comply with the CWA, the Alaska Water Quality Standards, and other applicable State
laws.
Notice is hereby given that a request for a CWA §401 Water Quality Certification of a Department of the
Army Permit application, Corps of Engineers’ Reference Number POA-2020-00461, Hotham Inlet, has
been received for the discharge of dredged and/or fill materials into waters of the United States (WOUS),
including wetlands, as described below and shown on the enclosed project figures/drawings. The
documents are also accessible from the DEC website at http://dec.alaska.gov/water/wastewater/.
Applicant: Mr. William G. Azar, 4530 Montrose Circle, Anchorage, Alaska 99502, 907-297-9212,
[email protected]; Agent: Ms. Maria Lewis, ML&P Associates, LLC, 721 Depot Drive, Anchorage, Alaska
99501, 907-885-0271, [email protected]
Project Name: Hotham Inlet Azar Sand and Gravel Extraction Nimiuk Point Lot 2B
Location: The proposed activity is located within Section 24 & 25, T. 16 N., R. 16 W., Keteel Meridian;
Latitude 66.7653° N., Longitude -162.0154° W.; near Kotzebue, Alaska.
Purpose: The applicant’s stated purpose is to develop a gravel pit in order to supply material for the
Cape Blossom Road project as well as other public and private projects throughout the Kotzebue area.
Project Description: The proposed work would develop a five-cell gravel pit by mechanically land
clearing up to 34 acres of Palustrine wetlands for the purpose of extracting 500,000 cubic yards of
material, which would be used for the development of Cape Blossom and miscellaneous projects around
Kotzebue. Additionally, the applicant proposes to construct a 100’ x 30’ access road in 0.07 acre of
Palustrine wetlands to the edge of Hotham Inlet for loading the material onto barges, this along with the
mechanized land clearing, would have a total impact to 34.07 acres of Palustrine wetlands.
The first year would include the mechanized land clearing of the first cell, with all overburden being
stored on-site within the first cell area to be used for reclamation purposes. The gravel pit would be
developed within five different approximately seven-acre cells; each cell is proposed for development
from May through September in consecutive years (2021 – 2025). Previous cells would be reclaimed
when the materials have been depleted from the cell. All materials would be stockpiled on-site within
the cell in development until the material could be loaded onto a barge for delivery to Kotzebue.
After reviewing the application, the Department may certify there is reasonable assurance the activity,
and any discharge that might result, will comply with the CWA, the Alaska Water Quality Standards, and
other applicable State laws. The Department also may deny or waive certification.
Any person desiring to comment on the project with respect to Water Quality Certification, may submit
written comments to the address above or via email to [email protected] by the Public Notice
expiration date. All comments should include the PN reference number listed above in the subject
heading of the email. Mailed comments must be postmarked on or before the expiration date of the
public notice.
The permit application and associated documents are available for review. For inquires or to request
copies of the documents, contact [email protected], or call 907-269-6285.
Disability Reasonable Accommodation Notice
The State of Alaska, Department of Environmental Conservation complies with Title II of the Americans
with Disabilities Act of 1990. If you are a person with a disability who may need special accommodation
in order to participate in this public process, please contact DEC Human Resources Office at 907-465-
6171 or TDD Relay Service 1-800-770-8973/TTY or dial 711 within 5 days of the expiration date of this
public notice to ensure that any necessary accommodations can be provided.
PACIFIC OCEAN
BERING SEA
ARCTIC OCEAN
PROJECTLOCATION
FAIRBANKS
ANCHORAGE
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SCALE IN MILES
KOTZEBUE
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CITY OF KOTZEBUE
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US Army Corps of Engineers Alaska District Regulatory Division (1145) CEPOA-RD Post Office Box 6898 JBER, Alaska 99506-0898
PUBLIC NOTICE DATE: November 3, 2020 EXPIRATION DATE: December 3, 2020 REFERENCE NUMBER: POA-2020-00461 WATERWAY: Hotham Inlet
Interested parties are hereby notified that a Department of the Army (DA) permit application has been received for work in waters of the United States (U.S.) as described below and shown on the enclosed project drawings. All comments regarding this Public Notice (PN) should be sent to the address noted above. If you desire to submit your comments by email, you should send it to the Project Manager’s email as listed below or to [email protected]. All comments should include the PN reference number listed above. All comments should reach this office no later than the expiration date of this PN to become part of the record and be considered in the decision. Please contact Mary Romero at (907) 753-2773, toll free from within Alaska at (800) 478-2712, by fax at (907) 753-5567, or by email at: [email protected] if further information is desired concerning this notice. APPLICANT: Mr. William G. Azar, 4530 Montrose Circle, Anchorage, Alaska 99502, 907.297.9212 [email protected] AGENT: Ms. Maria Lewis, MLP & Associates, LLC, 721 Depot Drive, Anchorage, Alaska 99501, 907.885.0271, [email protected] LOCATION: The project site is located within Sections 24 & 25, T.16 N., R. 16 W., and Sections 19 & 30, T. 16 N., R. 15 W., Kateel Meridian; USGS Quad Map Kotzebue D-1; Latitude 66.7653º N., Longitude 162.0154º W.; approximately 18 air miles southeast of Kotzebue, Alaska.
Public Notice of Application for Permit
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SPECIAL AREA DESIGNATION: The project is located within an area that is considered polar bear critical habitat. PURPOSE: The applicant’s stated purpose is to develop a gravel pit in order to supply material for the Cape Blossom Road project as well as other public and private projects throughout the Kotzebue area. PROPOSED WORK: The proposed work would develop a five-cell gravel pit by mechanically land clearing up to 34 acres of Palustrine wetlands for the purpose of extracting 500,000 cubic yards of material, which would be used for the development of Cape Blossom and miscellaneous projects around Kotzebue. Additionally, the applicant proposes to construct a 100’ x 30’ access road in 0.07 acre of Palustrine wetlands to the edge of Hotham Inlet for loading the material onto barges, this along with the mechanized land clearing, would have a total impact to 34.07 acres of Palustrine wetlands. All work would be performed in accordance with the enclosed plan (sheets 1-5), dated October 30, 2020. The first year would include the mechanized land clearing of the first cell, with all overburden being stored on-site within the first cell area to be used for reclamation purposes. The gravel pit would be developed within five different approximately seven-acre cells; each cell is proposed for development from May through September in consecutive years (2021 – 2025). Previous cells would be reclaimed when the materials have been depleted from the cell. All materials would be stockpiled on-site within the cell in development until the material could be loaded onto a barge for delivery to Kotzebue. ADDITIONAL INFORMATION: The applicant has provided the following alternatives they considered for the proposed project: Alternative 1: No Action The No Action alternative would not develop any of the property and leave it as it is currently undeveloped. This alternative provided no new source of sands and gravels or generate construction jobs. Alternative 2: Development of Gravel Pit in Kotzebue There are no known gravel sources in the City of Kotzebue that would meet Alaska Department of Transportation (ADOT) requirements for gradation and quality of fill materials. The applicant does not own any large parcels of land within the roadway network of Kotzebue for development. The cost to purchase the land and subsurface rights or royalties are additional costs to consider. Numerous wetlands and waterbodies are present in and around Kotzebue. Noise and truck traffic from a gravel pit may be a disturbance for residential and commercial properties in the area. A site in Kotzebue would be easily accessible for work and delivery of products to construction projects. Alternative 3: Continued Use of Other Nimiuk Point Gravel Pits. There are privately-owned gravel pits along Nimiuk Point, not owned by the applicant. These pits appear to be near the end of their useful life with limited sands and gravels available. Purchasing these properties for continued development is not economically an option. Alternative 4: New Nimiuk Point Gravel Pit (Proposed Development)
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APPLICANT PROPOSED MITIGATION: The applicant proposes the following mitigation measures to avoid, minimize, and compensate for impacts to waters of the U.S. from activities involving discharges of dredged or fill material.
a. Avoidance: The applicant states, “The project requires excavation in freshwater emergent wetlands for extraction of suitable sands and gravels for construction of regional projects. The applicant has ownership of the property and subsurface. The subject property is in a central location with access to the City of Kotzebue and other regional communities along the river systems.
Wetlands are located on the subject property, and it is not practicable to avoid all wetlands to meet the project purpose and need. Project alternatives, including no action, development of a gravel pit in Kotzebue, continued use of other Nimiuk Point gravel pits, and the proposed project were evaluated to identify the most practicable alternative, after taking into consideration site logistics, ADOT construction requirements, noise pollution, and the overall project purpose.”
b. Minimization: For minimization, the applicant proposes, “The selection of the proposed site is based on utilization of the applicant’s property as well as a soil analysis completed by R&M Consultants, Inc. The soil analysis indicates good quality sands and gravels are present at the project site.
To further minimize impacts to waters of the U.S., the project is designed to reduce wetland impacts to the greatest extent practicable. Complete avoidance of wetlands and waters of the U.S. is not practicable to accomplish the purpose and need of this project. To minimize the impact of this project on the environment, the following measures area proposed:
• The limits of extraction will be clearly identified in the field prior to extraction to ensure the permitted project footprint is not exceeded during development;
• Extraction will occur in one seven-acre cell at a time until all usable material is exhausted;
• Movement of construction equipment would be restricted to within the identified project boundaries to minimize disturbance to native vegetation;
• Stockpiles; if any, would not occur in wetlands that are not proposed for permanent fill placement and would be covered to protect from stormwater runoff;
• BMPs such as silt fence and fiber rolls would be installed and implemented to minimize the introduction of additional suspended sediment into the wetlands;
c. Compensatory Mitigation: The applicant has stated, “After aggregate material has been mined and the site reclaimed, the site will naturally be restored to a wetland/aquatic resource. Compensatory mitigation is not practicable for this project as the site will ultimately remain a wetland/aquatic resource after the project is complete.
WATER QUALITY CERTIFICATION: A permit for the described work will not be issued until a certification or waiver of certification, as required under Section 401 of the Clean Water Act (Public Law 95-217), has been received from the Alaska Department of Environmental Conservation.
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CULTURAL RESOURCES: The latest published version of the Alaska Heritage Resources Survey (AHRS) has been consulted for the presence or absence of historic properties, including those listed in or eligible for inclusion in the National Register of Historic Places. There are no cultural resources in the permit area or within the vicinity of the permit area. The permit area has been determined to be complete project area. Consultation of the AHRS constitutes the extent of cultural resource investigations by the Corps of Engineers (Corps) at this time, and we are otherwise unaware of the presence of such resources. The Corps has made a No Historic Properties Affected (No Effect) determination for the proposed project. This application is being coordinated with the State Historic Preservation Office (SHPO). Any comments SHPO may have concerning presently unknown archeological or historic data that may be lost or destroyed by work under the requested permit will be considered in our final assessment of the described work. The Corps is requesting the SHPO’s concurrence with this determination. ENDANGERED SPECIES: The project area is within the known or historic range of the threatened polar bear (Ursus maritimus), Steller’s eider (Polysticta stelleri), and spectacled eider (Somateria fischeri); additionally, it is located in critical habitat for the polar bear. We have determined the described activity may affect the threatened polar bear (Ursus maritimus), Steller’s eider (Polysticta stelleri), and spectacled eider (Somateria fischeri) and the polar bear designated critical habitat. We will initiate the appropriate consultation procedures under section 7 of the Endangered Species Act with the U.S. Fish and Wildlife Service. Any comments they may have concerning endangered or threatened wildlife or their critical habitat will be considered in our final assessment of the described work. ESSENTIAL FISH HABITAT: The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996, requires all Federal agencies to consult with the NMFS on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat (EFH). No EFH species are known to use the project area. TRIBAL CONSULTATION: The Alaska District fully supports tribal self-governance and government-to-government relations between Federally-recognized Tribes and the Federal government. Tribes with protected rights or resources that could be significantly affected by a proposed Federal action (e.g., a permit decision) have the right to consult with the Alaska District on a government-to-government basis. Views of each Tribe regarding protected rights and resources will be accorded due consideration in this process. This PN serves as notification to the Tribes within the area potentially affected by the proposed work and invites their participation in the Federal decision-making process regarding the protected Tribal right or resource. Consultation may be initiated by the affected Tribe upon written request to the District Commander during the public comment period. 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, reasons for holding a public hearing.
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EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts, which the proposed activity may have on the public interest, requires a careful weighing of all the factors that become relevant in each particular case. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. The outcome of the general balancing process would determine whether to authorize a proposal and if so, the conditions under which it will be allowed to occur. The decision should reflect the national concern for both protection and utilization of important resources. All factors, which may be relevant to the proposal, must be considered, including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving 404 discharges, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agency's 404(b)(l) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria (see Sections 320.2 and 320.3), a permit will be granted unless the District Commander determines that it would be contrary to the public interest. 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. AUTHORITY: This permit will be issued or denied under the following authority: (X) Discharge dredged or fill material into waters of the United States – Section 404 Clean Water Act (33 U.S.C. 1344). Therefore, our public interest review will consider the guidelines set forth under Section 404(b) of the Clean Water Act (40 CFR 230). Project drawings are enclosed with this Public Notice.
District Commander U.S. Army, Corps of Engineers
Enclosures
PACIFIC OCEAN
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PROJECTLOCATION
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