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NCSCO-RF (84-156-23) 6 January 1984 <br />SUBJECT: Notice of Application for Permit <br />Species Habitat <br />Bald Eagle Breeding <br />This application is being coordinated with the U.S. Fish and Wildlife <br />Service and the National Marine Fisheries Service. Any comments they may <br />have concerning endangered or threatened wildlife or plants or their critical <br />habitat will be considered in our final assessment of the described work. <br />3. JURISDICTION: The North Fork of the Clam River, together with its <br />adjacent wetlands, comes under the regulatory jurisdiction of the Corps of <br />Engineers because it is part of a tributary system to the St. Croix River, <br />a navigable water of the United States. <br />REGULATORY AUTHORITY: The application will be reviewed according to the <br />provisions of Section 404 of the Clean Water Act. Therefore, our public <br />interest review will consider the guidelines set forth under Section 404(b) <br />of the Clean Water Act (40 CFR 230). <br />THE APPLICANT HAS STATED THAT THE FOLLOWING STATE PERMIT HAS BEEN APPLIED <br />FOR: Wisconsin Department of Natural Resources. <br />4. The Wisconsin Department of Natural Resources has evaluated the appli- <br />cation pursuant to Section 401 of the Clean Water Act and Chapter NR 299, <br />Wisconsin -Administrative Code, and has made the determination that: <br />There is reasonable assurance that the activity will be conducted in a <br />manner which will not violate the standards enumerated in Section NR 299.05(1), <br />Wisconsin Administrative Code, and certification is granted. The following <br />conditions are necessary with respect to the discharge: <br />a. The applicant shall notify the Wisconsin Department of Natural <br />Resources at least 5 working days prior to beginning the project and within <br />5 working days after completion of the project. <br />b. The applicant shall allow the Wisconsin Department of Natural Re- <br />sources reasonable entry and access to the project site to inspect for com- <br />pliance with this certification and applicable laws. <br />NOTICE IS HEREBY GIVEN that the applicant or any person whose substantial <br />interests may be affected by the Wisconsin Department of Natural Resources' <br />determination may, within 30 days after issuance of this notice, request <br />a hearing on the matter under Section 227.064, Wisconsin Statutes. Such a <br />hearing request must address the specific jurisdictional criteria outlined <br />in s. 227.064, Wis. Stats, and should be made in writing to: <br />Wisconsin Department of Natural Resources <br />ATTN: Water Management Coordinator <br />Box 309 <br />Spooner, Wisconsin 54801 <br />2 <br />