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SPKCO-O October 1, 1985 <br />PUBLIC NOTICE NO. 9119 <br />A permit issued Icy the Department of the Army does not give any property rights either in real estate or <br />material or any e•zclusive privileges and does not authorize any injury o(private property or invasion of <br />private rigltt~,, or any infringement of Federal, State or local laws or regulations, nor does it obviate the <br />necessity of obtaining State or local assent to the work authorized. <br />The decision whether to issue a permit will be based on an evaluation of the impact of this activity on the <br />public interest under authority of Section 404 of the Clean Water Act (:13 USC 1344}. Evaluation of the <br />probable impacts, including cumulative impacts, which the proposed activity may have on [he public <br />interest requires a careful weighing of all those factors which become relevant in each particular case. The <br />benefits which reasonably may be e>,pected to accrue from the proposal must be balanced against its <br />reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions <br />underwhi~_h it will beallowed to occur, is therefore determined by theoutcome of the general balancing <br />process. Tha[ decision should reflect the national concern for both protection and use of important <br />resources. All factors which may be relevant to the proposal must be considered including the cumulative <br />effects. Among those are conservation, economics, aesthetics, general environmental ccncerns, wetlands. <br />cultural values, fish and wildlife values, flood hazards. floodplain values. land use, navigation, shore <br />erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety. <br />food and fiber production, mineral needs, considerations of property ownership, and, in general, the <br />needs and the welfare of the people. For activities involving 404 discharges, a permit will be denied if the <br />discharge does not comply with the Environmental Protection Agency's 40416)(1) guidelines. Subject to <br />the precedir~g sentence and any other applicable guidelines or criteria, a permit will be granted unless the <br />district engineer determines it would be contrary to the public interest. <br />1 Encl <br />1 Drawing <br />r ' I • <br />WAYNE j. SCHOLL <br />Colonel, CE <br />District Engineer <br />u <br />