19910735 All Versions_Complete File_19930203

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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199101218 October 31, 1991
PUBLIC NOTICE
By Public Notice of October 17, 1991, we advertised the application for
Department of the Army permit of MR. THOMAS WILSON, represented by MR. B. K.
BARRINGER, JR., 104 Westfield Center, Mooresville, North Carolina 28115, TO
CLEAR AND EXCAVATE A FORESTED WETLAND AREA ADJACENT TO LAKE NORMAN TO
CONSTRUCT A BOAT BASIN AND EXCAVATE AN ACCESS CHANNEL OFF NORMANDY ROAD,
NORTHWEST, MOORESVILLE, Iredell County, North Carolina.
In the second paragraph of this public notice, as the proposed work was
described, it was stated that "A 30-foot-wide, 50-foot-long access channel
would connect to the deep waters of Lake Norman." This sentence should read
"A 30-foot-wide, 500-foot-long access would connect to the deep waters of Lake
Norman."
Written comments pertinent to the proposed work, as described in the
October 17, 1991 public notice, and as corrected above, will be received in
this office, Attention: Mr. Steven Lund, until 4:15 p.m., November 18, 1991,
or telephone [phone].
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KICATION FOR DE..,tRTMENT OF THE ARMY PERMIT OMB APPROVAL 0.070 36
(33 CFR 325) Expires 30 June 1992
iblic reporting burden for this collection of information is estimated to average 5 hours per response for the majority of cases, including the time for reviewing
itructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
)plications for larger or more complex projects, or those in ecologically sensitive areas, will take longer. Send comments regarding this burden estimate or any
her aspect of this collection of information, including suggestions for reducing this burden, to Washington Headquarters Services, Directorate for Information
aerations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of information and Regulatory Affairs, Office
Management and Budget, Washington, DC 20503.
to Department of the Army permit program is authorized by Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act and
action 103 of the Marine, Protection, Research and Sanctuaries Act These laws require permits authorizing activities in or affecting navigable waters of the
Cited States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it
D ocean waters. Information provided on this form will be used in evaluating the application for a permit. Information in this application is made a matter of
iblic record through issuance of a public notice. Disclosure of the information requested is voluntary; however, the data requested are necessary in order to
mmunicate with the applicant and to evaluate the permit application. If necessary information is not provided, the permit application cannot be processed nor
n a permit be issued.
to set of original drawings or good reproducible copies which show fhte location and character of the proposed activity must be attached to this application
ee sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application
at is not completed in full will be returned.
APPLICATION NUMBER (ro be assigned by Corps) 1 3. NAME, ADDRESS. AND TITLE OF AUTHORIZED AGENT
NAME AND ADDRESS OF APPLICANT
Thomas Wilson
Rt. 4, Box 11
Mooresville, NC 28115
Telephone no. during business hours
Aic 7 0 0 663-5115 (Residence)
A/c (? 04) - (office)
B. K. Barringer, Jr., P.E.
104 Westfield Center
Mooresville, NC 28115
Telephone no. during business hours
A/C ( )(704) . 663-4044 (Residence)
AiC ( )[phone] (office)
Statement of Auth mizatioft: I hereby denote and authorize
B. K. Barringer, Jr., P.E.
to act in my
behalf as my agent in the processing of this permit application and to
furnish, upon request, supplemental information in support of the application.
SIGNATURE OF APPLICANT
DATE
/Z -//-9D
DETAILED DESCRIPTION OF PROPOSED ACTIVITY j
ACTIVITY
Dredge cove, construct boat slips and boat launch ramp.
Navigable waters reauired for an area of approximately 155' x 75' to
accommodate.boat slips and launch ramp area:
PURPOSE
To provide private lake access for residents of Lake Norman Airpark Sub- '
division. Construction to begin as soon as all necessary permits and
authorizations have been acquired.
DISCHARGE OF DREDGED OR FILL MATERIAL
Approximately 4,500 cubic yards of clay, sand, and silt to be trucked to
disposal site.
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Mr. Thomas Wilson DEPARTMENT OF THE ARMY PERMIT
Route 4, Box 11
Permittee Mooresville, North Carolina 28115
Permit No. Action 1D. 199101218
Issuing Office CESAIECO-B
R'.
REceiv50
31993
?G1??'? BRAS
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term
"this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description:
To excavate a
20-foot-wide,
Normandy Road
Project Location:
60-foot-long, 100-foot-vide boat basin in wetlands, construct a
300-foot-long access channel within a small cove of Lake Norman off
(3.R. 1428) west of Mooresville, in accordance with eneldsed plans.
Mooresville, Iredell County, North Carolina.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 1996 ,. If you find that you need
more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least
one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and condi-
tions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make
a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of
this permit from this office, which may require restoration of the area. _
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit. you must immediately notify this office of what you have found. We will initiate the Federal and state coordina-
tion required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register
of Historic Places.
ENO FORM 1721, Nov 88 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))
.
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
6. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it con-
tains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
Su saclosod shoot.
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(29 Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused, by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
2
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above),
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFA 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
THOMAS WILSON
W
(PERMITTEE)
?G'3- k 3
(DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
RICT ENGINEER) (DATE)
S. TULdOCH, COLONEL
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE)
(DATE)
3
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717.425
SPECIAL CONDITIONS
1. No work in waters or wetlands will be accomplished during April
and May of any year in order to minimize adverse effects to egg
and fry stages of fish.
2. The activity will be conducted in such a manner as to prevent
significant increases in turbidity outside the area of construction
or construction-related discharge (increases such that the turbidity
in the stream is 25 NTU's or less are not considered significant).
3. Prior to any clearing or excavation of the authorized boat basin,
the permittee will stake the basin limits on the ground and have
these limits reviewed and approved by a representative of the
U.S. Army Corps of Engineers (USACE).
4. All excavated material and wood debris will be placed and retained
on uplands.
5`. In order to compensate for wetlands excavated for the authorized
boat-.basin, the permittee will create a viable forested' wetland'
on this property by grading down approximately 10,000 square feet of
upland adjacent and to the east of existing wetlands. The
grading work will be accomplished prior to;_or concurrently with
work on the basin. This mitigation area will be-planted, with
black willow (Salix'nigra). Planting must be accomplished during
winter before spring leaf-out. Dormant black willow posts 2-4
Inches in diameter and 4-6 feet in length should. be tied in bundles
of 4-6 and planted on 10-foot centers. The bundles should be,
buried vertically to 'a depth of approximately 1/3 their length.
The ground surface should be mulched with straw or wood chips
and ;left to revegetate naturally.
6. The permittee will provide initial photographs of the completed
mitigation area to the USACE and the N.C. Division of Environmental
Management and will monitor success of the mitigation effort by
providing,subsequent photographs annually for ,3 years,.
7. Tho.permittee-will take remedial action, as necessary, to ensure
viability of the mitigation area.
i J-- 4W
EX.
EQUAL 70 OR LOINER
UW?u DREDGING
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NORMANDY ROAD
IN em
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2:1 CUT SLOPE LAKE N?µ
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Purpose: Provide water access for
off water lots in the Lake Norman
Airpork Subdivision.
Prepared By.
B.K. Swinger, Jr., P.E.
104 Westfield Center
Mooresville. NC 28115
CUT TO. ELEVATION --/
THAN ADJACDIT YEikANOS.
SECTION THRL1 L4,
NOT 1
asAPMc aces
PLAN VIEW
Thomas Wilson
Rt. 4, Box 11
Mooresville, NC 28115

VICINITY MAP
NO SCALE
WAN-MADE X7LANi
OF UKE KIND
71PPROX. 10.000 SF.
SEE SEC11ON ABOVE
Proposed: Boat= basin. access
channel.-, dredgingpier; construction,
shoreline stabaiization.
Lake Norman at
Lake Norman Airpark Subdivision
Normandy Road (SR 1428)
Irsdeil County. NC
Sheet 1 of 3 Date: 8-4-92
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B.K. Barringer. Jr. P.F.
104 Westfield Center
MOORESVI LE. NORTH CAROLINA 28115
[phone]
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SHCET *2 of 3
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post office Box 1890
Wilmington, North Carolina 28402
Action ID. 199101218 January 12, 1993
ASSESSMENT, FINDING OF NO SIGNIFICANT IMPACT
AN STATEMENT OF FINDINGS
Applicant: Mr. Thomas Wilson, Route 4, Box 11, Mooresville, North Carolina
28115 has applied for a Department of the Army (DA) permit to excavate a
60-foot-long, 100-foot-wide boat basin in wetlands, construct a 12-foot-wide
concrete boat ramp into the basin, riprap 60 linear feet of basin shoreline,
and excavate by hydraulic dredge a 20-foot wide, 500-foot-long access channel
in a small cove of Lake Norman off Normandy Road (S.R. 1428) west of
Mooresville, Iredell County, North Carolina.
This permit action is being taken under authority delegated to the
Wilmington District Engineer by the Secretary of the Army and the Chief of
Engineers by Title 33, Code of Federal Regulations, Part 325.8, pursuant to:
Section 10 of the Rivers and Harbors Act of 1899.
_X-Section 404 of the Clean Water Act.
Section 103 of the Marine Protection, Research and
Sanctuaries Act.
Section 4(e) of the Outer Continental Shelf Lands
Act of 1953.
_X Section 401 of the Clean Water Act. Water Quality
Certification issued by the North Carolina Division of Environmental
Management.
Section 402 of the Clean Water Act. National Pollutant Discharge
Elimination System (NPDES) permit issued by the North Carolina
Division of Environmental Management.
Section 307 of the Coastal Zone Management Act.
Consistency concurred and LAMA permit issued by North Carolina
Division of Coastal Management.
X Conforms to the Section 404(b)(1) Guidelines, (40 CFR 230, FR 24 DEC
_X-Conforms
-80) .
Conforms to the Ocean Dumping criteria (40 CFR 220-229, FR 11 JAN
77).
Proiect Description: The following description of the work is taken from data
provided by the applicant and from observations made during an onsite visit by
a representative of the U.S. Army Corps of Engineers. Plans submitted with
the application show the proposed excavation of -a 60-foot :long:, 100-foot-wide-
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boat,.basIn-within forested wetlands at the head of-a small cove. The area is
vegetated with a mixture of bottomland hardwood species including green ash,
black willow, sycamore, sweet gum, smooth alder and buttonbush. The basin
would be cleared, grubbed and excavated to a depth of 10 feet by backhoe
and/or dragline. Approximately 2,200 cubic yards of material would be removed
and trucked to a nearby, upland disposal site on the applicant's subdivision
development. A 12-foot-wide concrete boat ramp would be constructed in the
southeast corner of the basin. This section of basin shoreline would also be
riprapped with rock material for stabilization purposes. A floating dock
would be constructed across the southern end of the basin to provide slips for
approximately eight boats. The open waters of the cove are very shallow and
as a result the applicant also proposes to excavate a 20-foot-wide access
channel to deep water which is approximately 500 feet down the cove. The
channel excavation would be accomplished be hydraulic dredge with the spoils
pumped to a diked upland retention area on the subdivision site. Channel
excavation would generate an additional 2,000 cubic yards of material. The
purpose of the proposed work is to provide boat access to residents of a
nearby subdivision.
Environmental Setting: Cowans Ford Dam created the largest body of fresh
water in North Carolina when it dammed the Catawba River in 1963 to form Lake
Norman. The lake has approximately 520 miles of shoreline and a surface area
of more than 32,500 acres. Lake Norman was developed by Duke Power Company
under a license granted by the Federal Energy Regulatory Commission. The
waters of the lake are used to power the hydroelectric generators at Cowans
Ford Dam and as cooling water by Marshall Steam Station and McGuire Nuclear
Station. Lake Norman is extremely popular for recreational boating and
fishing with numerous public access areas and private marinas. The fisheries
consist of shad, yellow perch, white bass, striped bass, crappie, bluegill,
largemouth bass and catfish. Duke Power Company and its subsidiary, Crescent
Resources, has sold or developed considerable land around the lake for
residential use. The shoreline is extremely convoluted and typically consists
of large peninsulas extending from the east or west into the main body of the
lake. These large peninsulas are, in turn, made up of smaller north-south
trending peninsulas with intervening coves. The project site is located on
the south end of a small cove off Stumpy Creek. The applicant owns just over
3 acres at this location. Approximately 1.6 acres of this are forested
wetlands which run through the center of the site. Two small, unnamed creeks
feed into the wetland from the south. Adjacent uplands at the site are
vegetated with mixed pine-oak-poplar forest. The ordinary high waterline
(760-foot contour) of Lake Norman touches the property only in the northwest
corner. Across Normandy Road and to the north the applicant is in the process
of developing Lake Norman Airpark Subdivision.
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Environmental Impacts: Approximately -b-,500 square feet-of-forested wetland
wall be<converted--to deep water as a result of basin.excavation. The=primary
wetland functions that will be lost include sediment/toxicant retention;
nutrient assimilation, detrital export, and wildlife habitat. An additional
2,000-3,000 square feet of shallow water habitat would also be converted to
deep water within the proposed access channel. This habitat consists of the
fluctuation zone between the ordinary high water and ordinary low water levels
of the lake. This zone has a soft, muddy substrate and provides some feeding
area for shorebirds and mammals such as raccoons. When flooded in the spring,
certain fish species may use the area for spawning; however, this is not a
recorded, high-value spawning site. Although none were noted, freshwater
clams and mussels may also inhabit portions of the affected area and would be
destroyed. Inorder to compensate-for lost wetland functions, the applicant
will convert approximately 10,000 square feet of upland at the site to a
scrub-shrub wetland. An area measuring 40 feet wide and 270 feet long on the
east;side,.of the. property would be graded down :to the elevation of adjacent
,wetlands and planted with willow.
The proposed work will not permanently alter navigational patterns. The work
does not include construction across or into any natural or manmade channel or
waterbody so as to adversely affect the use of the area by the public.
Dredging of the proposed access channel will temporarily affect boat traffic
within the small cove.
There will be some increase in turbidity during construction and some leaching
of preservatives will occur after the structures are in place. However,
turbidities should be rapidly dissipated by wave and/or wind action and
preservatives should be at insignificant levels. Minor leakage of petroleum
products from boats docked at the new basin should also be expected.
Because the immediate area is largely undeveloped, the esthetic appearance
will be noticeably altered with the construction of this access. The
remaining wetlands should provide a natural buffer from the road and adjacent
properties. This rather small facility is also consistent in character with
the surrounding low density residential development.
The loss of wetlands, conversion of shallow water habitat, creation of
turbidities during construction and alteration of esthetic appearance are
considered unavoidable if this site is to provide water access as the
applicant intended. The proposed work is water dependent and the applicant
has made efforts to minimize adverse impacts to wetlands. The proposed
mitigation should fully replace all substantive wetland functions to be lost.
Alternatives: The current basin configuration and design represents a 2/3
reduction in size from the applicant's original proposal. The width of the
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access channel was also reduced from 30 to 20 feet. Also revised during the
permit review process was the method of construction of the access channel
from land-based equipment to hydraulic dredge. This change should reduce
turbidities as well as adverse disturbance to adjacent shallow water and
wetland areas. These revisions represent substantive efforts by the applicant
to minimize adverse impacts to the aquatic environment. One other design
alternative that was examined was to eliminate the boat basin and install only
a boat ramp for water access. An access channel through wetlands and shallow
water would still be needed, however, as well as a turning basin. Further
reduction in adverse impacts would be insignificant from this alternative as
the current basin proposal is already minimal at .1 acre. Duke Power
Company's pier restrictions prevent the applicant from extending a dock
structure off his property and into open water to avoid wetlands. The only
other alternative would be to abandon this site and seek other waterfront
property for water access. The remaining properties that are located along
Normandy Road adjacent to the Airpark Subdivision are already developed in
single family and vacation homes and are, therefore, not reasonably available
to the applicant.
Summary: I have reviewed the application and plans furnished by the applicant
and the environmental assessment. I am aware that the project would result in
the loss of approximately .1 acres of wetland, the conversion of .1 acres of
shallow water habitat to deep water, the loss of benthic organisms, the
temporary elevation of turbidity levels, and the permanent alteration of the
appearance of the site. However, I do not consider these impacts significant
as these impacts have been reduced to minimal levels and onsite mitigation
will fully compensate for the anticipated loss of wetland functions. The
proposed work will also provide reasonable water access for residents of a
subdivision development.
The proposed project has had extensive review through our normal public notice
process, and there are no substantive objections to the project as of the
writing of this statement. The National Marine Fisheries Service did not
object to issuance of a permit for this work. The U.S. Fish and Wildlife
Service, the U.S. Environmental Protection Agency and the N.C. Wildlife
Resources Commission objected to the original proposal but later removed their
objections following project revisions including mitigation. The N.C. Division
of Environmental Management issued a water quality certification for the
project that included a condition requiring onsite mitigation. One individual
commented that the project should be denied a permit because it was too harmful
to wetlands and set a bad example.

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I have reviewed the application and plans and the public interest record, and I
find that the proposed work is not controversial and will not have a
significant effect on the quality of the human environment.
I find that this application is not a major Federal action significantly
affecting the human environment; hence, the preparation of a detailed statement
under Section 102(2)(c) of the National Environment Policy Act of 1969 is not
required.
I have given full consideration to this application. After weighing favorable
and unfavorable aspects, I find that the issuance of a permit to Mr. Thomas
Wilson will not be contrary to the general public interest provided that he
adheres to the conditions incorporated in the permit.
alter S Tulloch
Colonel, Corps of Engineers
District Engineer
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199101218 October 31, 1991
PUBLIC NOTICE
By Public Notice of October 17, 1991, we advertised the application for
Department of the Army permit of MR. THOMAS WILSON, represented by MR. B. K.
BARRINGER, JR., 104 Westfield Center, Mooresville, North Carolina 28115, TO
CLEAR AND EXCAVATE A FORESTED WETLAND AREA ADJACENT TO LAKE NORMAN TO
CONSTRUCT A BOAT BASIN AND EXCAVATE AN ACCESS CHANNEL OFF NORMANDY ROAD,
NORTHWEST, MOORESVILLE, Iredell County, North Carolina.
In the second paragraph of this public notice, as the proposed work was
described, it was stated that "A 30-foot-wide, 50-foot-long access channel
would connect to the deep waters of Lake Norman." This sentence should read
"A 30-foot-wide, 500-foot-long access would connect to the deep waters of Lake
Norman."
Written comments pertinent to the proposed work, as described in the
October 17, 1991 public notice, and as corrected above, will be received in
this office, Attention: Mr. Steven Lund, until 4:15 p.m., November 18, 1991,
or telephone [phone].