1988/12/28 - OTHER - (NA) - Correspondence (6)

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CENCS-CO-R(89-142-23) SUBJECT: Notice of Application 3. REPLIES/COMMENTS. Interested parties are invited to submit to this office written facts, arguments, or objections within 30 days of the date of this notice. These statements should bear upon the suitability of the location and the adequacy of the project and should, if appropriate, suggest any changes believed to be desirable. Comments received may be forwarded to the applicant. Replies may be addressed to the District Engineer, St. Paul District, Corps of Engineers, 1421 U.S. Post Office and Custom House, St. Paul, Minnesota 55101- 1479, ATTENTION: Regulatory Functions Branch. Or, IF YOU HAVE QUESTIONS ABOUT THE PROJECT, call Henrik Strandskov at the St. Paul District, (612) 220-0359. 4. THREATENED OR ENDANGERED WILDLIFE OR PLANTS OR THEIR CRITICAL HABITAT. None were listed by the applicant or are known to exist in the permit area. However, Burnett County is within the known or historic range of the following threatened species: Species Habitat Bald eagle Breeding This application is being coordinated with the U.S. Fish and Wildlife Service. Any comments they may have concerning endangered or threatened wildlife or plants or their critical habitat will be considered in our final assessment of the described work. 5. JURISDICTION: This project comes under the regulatory jurisdiction of the Corps of Engineers because Spirit Lake, together with its adjacent wetlands, is part of a tributary to the St. Croix River, a navigable water of the United States. REGULATORY AUTHORITY: This application will be reviewed according to the provisions of Section 404 of the Clean Water Act. Therefore, our public interest review will consider the guidelines set forth under Section 404(b) of the Clean Water Act (40 Code of Federal Regulations 230). OTHER AUTHORIZATIONS: Burnett County subdivision and grading permits are required for the project. 6. WATER QUALITY CERTIFICATION. The State of Wisconsin, Department of Natural Resources, has evaluated this activity for water quality certification pursuant to Section 401 of the Clean Water Act and Chapter NR 299, Wisconsin Administrative Code. The Department has made a preliminary determination that the activity does not fall with the purview of the Department's authority and a waiver of certification will be granted. Any person whose substantial interest may be affected by this determination may request a hearing within 30 days after publication pursuant to NR N