EXHIBIT 4-1_55A_BRISTOL WIDENING EIS-EIR

Home Browse Search

i7s68 Fediad star 1 Vol. s1. No. 229 1 Thursday, November 13. 2M 1 Rulers amd Ram letious received hum the this h or division mmomw- 1ViHeation p wauant to the oadoawide pewit 4 1 1 33 LUa)(36) must be is writing and include the infio matiaa listed below. Notifiadoo is not an admission that the proposed work would result in more than minimai impacts to wetew of the United States. it arm* shows tie district or division 'anginaer to evaluate specific activitim ice aomp(unae with general permit Criteria. (1) Naaae. addrew and phome number of the general permittee; (3) ].ocstion of the planned work: (3) Brief description of the proposed work, its purpose, aid the approximate size of the waters. including wetlands. which would be lost or substantially adversely modified as a result of Use want; and (41 Any specific information required by the nationwide permit and any other information that the parmittee believes is appropriate. (c) district engineer review of na>dfimtivn. Upon receipt of notification. the distract engineer will promptly review the general permittee's notification to date mime which of the Mo" pmoedn" should be followed: (i) If the nationwide permit at i 33GJ(s)(L5l is trivolved and the district engineer determines either. (i) the proposed scu" fails within a class of discharges or will oom in a Category of waters which has been previously identified try the itsponal Adrdaistrator. Environmental Pic an Agency, the Regitmal Director. Fish and Wildlife Service. the Regional Director, Nations[ Marine Fisheries Service: or the heeds of the appropriate state natural resource agaocies as being of particular interest to those aAganeias; or (ii) the particular discharge has act been previously Identified but he believes it may be of importance to those agencies, he will promptly forward the notification to the division engineer and the head and appropnate staff officials of those agencies to afford those agendas an edequale oppwtimity before such discharge occurs to consider such notification and express their views, if any, to the district engineer concerning whether individual permits should be required. (2l if the nationwide permits at i 33D.51al (7), (17), of (21) an involved and the Envirotmenta( Protection Agency. the Fish and Wildlife Service. the National Marine Fishenes Service or the appropriate state natty d resource or water quality agencies. forward concerns to the district engineer. he will forward those concerns to the division aagrmeer toaetbw wi* a sudemo ut of the bettors part is a daiettsuaatiaa of the eevhaamaaed elfacts of tha prupeaed the 4Wb)(t ) gaidelioas. and bdo view cu the specific points raised by these agencies. 01 ii the nattemrids permit at i 330.5( +1(211 is iaveived the district atagimw will gtra Donna to the Environments] Arrs.cdoa Agency and the appropriate state water qual" agency. This notice will undib as a mates the information. =Rwkmd by paragraph (b) of this sacrum (d) Division ampnaer ravrew of aotificatimL The division esrgmeer will review all notifiraticaa mimes to kim in accordaacs with paragraph (co) or (021 of this sactioa The divioim suguicar will requite an individual pormrt when he determines that an activity dues not coo ly with the terms or conditons of a nationwide porci t or does not meet the defittttisan of a general parinit (see 33 CFR 3ZZ.Z(f) and 3i30sall including discharges under the nationwide permit at i 33M5(aX=) which have more than minimal adverse onvom mental effects on the squatic environmant wbon viewed either cumulatively or separately. In reacting his da*moa he will review factors pardnontto a determination of the ertvuroameatal effttcts of ton progowid discharge. including those net forth bi die 406(h)(1) guidelines, and will give full eoneideration to the viers. if any, of the federal and state naMal resource agencies identified in paragraph (cl of this secoom If the divisiwn anguAteer decides that an individual permit is not required, and a federal or appropriate state natural resource agency has indicated in gritting that an activity may result in more than minimal adverse savuronmental impact+, he will prepare ■ written statement, available to the pWft an request. winch sate forth his rwsponse to the specific points raised by the anmmmeafte agency. When the division engineer reacher his decision he will notify the district endinser. who will inimedietely notify the aenml permitter of the division engoaer's decision. i 321A OWN etlana W auMMarey Except as provided in paragraphs tc) (2) sad (d) of this section. division n recommendation of a diatioirt am suthoris to modify na loo u" ad a permits by adding regionai conditions or to ovairide nationwide passits by raps ing individual permit sppiicadons an a case -by-cafe basis. for a aingery of activities. or is specific geographic arena. Discretionary authority will be Ix —to based ass n m mos fi* the aquatic environment as aoprwead to the guidslnes pabiishad by IPA pursuant to ads1 fo cam #ar asa) (a) Aath*y Spm;ffc aendfliasta. Division mains so we sanest m to modih wtionwide pmmib by oddicS indivkhmi eosdittmma can a case -by -rase basis applicable to amdn activities within their division. Activity specific coauiidoes may be ridded by the District Eagistear is lmdratara where there is mtr a,* »pe i mem betwaen tha disixict anpneer and the permtttee. Furthermore. distsftt with'' conditiions th hove been imposed on a stain section On water quality oertiAratian issued puaati ant to i 330.9 Of this Pvt. (b) Assiaatolconditions. Division engineers are authorized to modL%- nationwide permits by adding conditions on a generic basis applicable to certain activities or specific geographic areas within their divisions. In developing regional conditions. division and district engineers will follow standard permit processing procedures as prescribed in 33 CFR Part 325 applyutg the evaluation criteria of 33 CFR Part 3Z0 and appropriate parts of 33 CFR Parts 32L 3Z2. 323, and 324. Division and district auginerm will take appropriate measures to inform the public of the additional conditions. (c) lndivldun1 perorin --(1) C4se-by- Case. In nationwide permit nacres where additional individual or rugzonaJ c ntditiook" may cos be sulf cmnt to address concerns for the aquatic environment or whom there is not sufficient time to develop such conditions tinder Perapaphs (a) or (bl of this sacritm the division tutee may suspend use of the aathmmviis perish and require as iidlvidtal permit application on a cans -by-cue basis. The district aripmer will evalaste the application and will either issue or deny a permit. However, if at aziy time the reason for takias discretionary authority Is satisfied. than the division aopnser may remove the suspeasuss. reectivatmg aathOdty under tie ustitmwide permit. Where tine is of the wence. the district ertgisieer may 1sispbamcaiiy recommend Am the division engineer asersi d owetianary satlsority to nsgads+s an Individual permit application far a specific wdvdy. if the division engineer Concurs. he may welly authoelso the district engineer to impla®art that natkary. Oral sutho melon sixrold be followed by +mitten c=mstios. (31 Ca*wp Additionally. after on" aed appor hooitay far pdiisc hewmft lief:, sotto onssway decide that Individual rwin it appiitaetto r ." sir w rw w w .r