[Federal Register Volume 59, Number 172 (Wednesday, September 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21999]
[[Page Unknown]]
[Federal Register: September 7, 1994]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-5066-8]
M.A. Norden Company Site, AL; Modification of June 15, 1984,
Clean Water Act Section 404(c) Final Determination
AGENCY: U.S. Environmental Protection Agency.
ACTION: Notice of modification of section 404(c) final determination
and notice of availability.
-----------------------------------------------------------------------
SUMMARY: The U.S. Environmental Protection Agency (EPA) has modified
the June 15, 1984, Clean Water Act section 404(c) Final Determination
concerning the Norden site in Mobile, Alabama. The modification means
that the M.A. Norden Company, Inc. may apply for a section 404 permit
to discharge dredged or fill material into waters of the United States
in order to construct an access road across the section 404(c)
prohibited site. EPA concludes that these proposed activities will not
result in unacceptable adverse effects under section 404(c).
EFFECTIVE DATE: The modification is effective August 29, 1994, upon
signature of EPA's Assistant Administrator for Water.
FOR FURTHER INFORMATION CONTACT: Specific details are available from
Paul Minkin (EPA) at (202) 260-1901. Copies of the modification are
available through the EPA Wetlands Hotline at (800) 832-7828.
SUPPLEMENTARY INFORMATION: Section 404(c) of the Clean Water Act
authorizes EPA to prohibit or restrict the use of portions of waters of
the United States for discharging dredged or fill material. In October,
1992, M.A. Norden Company, Inc. petitioned EPA to modify its 1984
section 404(c) Final Determination concerning the Norden site to enable
it to construct a road across the site to access adjacent uplands.
EPA announced Norden Company's request for modification of the
Norden Final Determination and requested public comment in the May 13,
1994, Federal Register (59 FR 25050). EPA formally notified the U.S.
Army Corps of Engineers Headquarters (Corps Headquarters) of the Norden
Company petition and requested any comments on the Norden Company
proposal. EPA also mailed copies of the Federal Register notice to
other parties believed to be interested in the proposed action.
EPA received no comments from the public in response to the Federal
Register notice. Corps Headquarters responded in a July 1, 1994, letter
to EPA and indicated that they had no comment at this time so that they
might maintain their ability to make an objective and independent
decision on a permit application from Norden Company, should EPA modify
their Final Determination. The U.S. Fish and Wildlife Service, Alabama
Field Office (FWS), submitted comments in a June 7, 1994, letter. While
neither supporting nor objecting to reconsideration of the Final
Determination, they indicated that there may be less environmentally
damaging alternatives to the proposed road fill and that these
alternatives should be fully explored.
EPA carefully reviewed Norden Company's proposal, comments
submitted by Corps Headquarters and FWS, and the existing Norden
section 404(c) record. Based on this review, EPA concluded that
environmental impacts associated with the proposed road construction
would not result in unacceptable adverse effects to the Norden 404(c)
area. In reaching this decision, EPA considered that the impacts of the
current Norden Company proposal are significantly less than those of
the original proposal which precipitated the section 404(c) action. The
original Final Determination noted that the Norden site was a
``productive wetland, typical of the area, that contributes organic
material to the fish and shellfish communities of the Mobile Bay
estuary, provides valuable habitat for wildlife, and acts as a
pollutant filtering mechanism which helps to reduce degradation of
water quality in the adjacent open water system.'' The originally
proposed 25 acres of impacts to waters of the United States have been
reduced through the modification of the project so that approximately
1.5 acres will be impacted. In addition, the project will be
constructed in such a way as to allow for downstream transport of
detritus and continued connection to the Mobile Bay estuary.
The Norden Company has made a prima facie showing that there are no
practicable alternatives which are less environmentally damaging.
Alternate routes which would avoid the wetlands do not seem to be
practicable based on the information available. If the Final
Determination is modified, the project must still go through the Corps'
permit process, where the issue of practicable, less damaging
alternatives will receive thorough investigation. Under the
circumstances, the theoretical possibility of alternatives does not
make the limited impacts of the revised project unacceptable.
For these reasons, EPA has concluded that it is appropriate to
modify the original June 15, 1984, Final Determination to allow M.A.
Norden Company, Inc. to seek authorization from the U.S. Army Corps of
Engineers to discharge dredged or fill material into waters of the
United States associated with the construction of the road described in
the Norden Company's submissions to EPA on October 5, 1992, and August
5, 1993, and summarized above. Prior to any discharge activities,
however, the project must be authorized pursuant to applicable permits
issued by the U.S. Army Corps of Engineers under section 404 of the
Clean Water Act and section 10 of the Rivers and Harbors Act.
Dated: August 29, 1994.
Robert Perciasepe,
Assistant Administrator for Water.
[FR Doc. 94-21999 Filed 9-6-94; 8:45 am]
BILLING CODE 6560-50-P
