[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]


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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.

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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]
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