HomeMy WebLinkAbout20150088 Ver 1_More Info Received_20150211r .s
PUBLIC NOTICE
Issue Date: February 6, 2015
Comment Deadline: March 9, 2015
Corps Action ID Number: SAW - 2010 -00036
The Wilmington District, Corps of Engineers (Corps) received an application from
Mr. Lew Bleiweis of the Greater Asheville Regional Airport Authority seeking Department of
the Army authorization to impact 0.15 acre of wetland, associated with the long -term
development of the Asheville Regional Airport (AVL) in the Fletcher community of
Buncombe County, North Carolina.
Specific plans and location information are described below and shown on the attached plans.
This Public Notice and all attached plans are also available on the Wilmington District Web Site
at: http*Hwww saw.usace army mil/Missions/RegulatoryPermitProgram aspx
Applicant: Greater Asheville Regional Airport Authority
Mr. Lew Bleiweis
61 Terminal Drive, Suite 1
Fletcher, North Carolina 28732 D ffAT AGENT: C1earWater Environmental, Inc. Mr. Clement Riddle 224 South Grove Street, Suite F
Hendersonville, North Carolina 28792 DR t7ccn,
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue, or deny
the proposed work pursuant to applicable procedures of the following Statutory Authorities:
® Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972
(33 U.S.C. 1413)
Location
The East Side Improvements would be located immediately east and north of the existing runway
at AVL. To access the site from Asheville, take I -26 East to Exit 40 (Airport Road/NC Highway
280). Turn right (south) onto Airport Road and continue approximately 0.25 miles to the airport.
The project site is north and east of the existing runway. In general, the site is bordered to the
south and west by the existing airport, to the east by the airport perimeter road (within the airport
perimeter fence), and to the north by the French Broad River.
Project Area (acres): Approximately 51 Nearest Town: Fletcher
Nearest Waterway: French Broad River Latitude: 35.446640 -N
River Basin: Upper French Broad / 06010105 Longitude: - 82.544789 -W
Existing Site Conditions
The project boundary consists of existing AVL infrastructure (i.e. access roads) and grassed
areas maintained by the airport. The site is relatively flat with an average elevation of
approximately 2,080 feet above mean sea level (MSL). Streams are not located within the project
boundary. Wetland habitats within the project boundary are primarily herbaceous with small
shrubs.
Applicant's Stated Purpose
Based on information provided by the applicant the purpose of the proposed project is to provide
for the continued development of AVL in accordance with the Asheville Regional Airport —
Master Plan. Additionally, the project purpose includes disposal of coal ash from Duke Energy's
Asheville Plant located in Skyland, NC for `Beneficial Use" in accordance with the North
Carolina Session Law 2014 -122 also known as the Coal Ash Management Act of 2014
(CA MA14)�(N C.G.S.130A.200).
Project Description
The proposed project includes future activities, based on facility needs (projected approximately
'20,years), ;which are outlined in the Master Plan. These activities include: a future 1,300 -foot
runway extension, Taxiway A safety area and object free area (OFA) improvements for ADG -IV
aircraft (aircraft with a wingspan of 118- 170feet), and continued General Aviation development.
In accordance with CAMA14 passed by the North Carolina General Assembly, AVL proposes to
continue the use of coal ash as structural fill.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and /or minimize
impacts to the aquatic environment:
AVL can complete three major airport projects and Duke can meet regulations set forth in
CAMA14 with this project which impacts only 0.15 acre of wetland. Runway and taxiway
improvement must occur in the location of the runway and taxiway; these improvements cannot
take place in another location. Duke will relocate approximately 1.8 million tons of coal ash
from the Asheville Plant to the airport. Because of the location of the wetland, at the toe of the
runway slope, the wetland cannot be avoided while still meeting the project purpose and need.
The wetland is regularly mowed and maintained by airport staff and is of poor -fair quality.
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Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
AVL proposes to mitigate for unavoidable impacts (0.15 acre of wetland) at a 1:1 ratio through
payment into the North Carolina Ecosystem Enhancement Program's ( NCEEP) in -lieu fee
program. By letter dated December 30, 2014, NCEEP indicated they are willing to accept
payment for impacts associated with development at AVL.
Essential Fish Habitat
Pursuant to the Magnuson- Stevens Fishery Conservation and Management Act, this Public
Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The Corps' initial
determination is that the proposed project would not effect EFH or associated fisheries managed
by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine
Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of
33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the
District Engineer consulted district files and records and the latest published version of the
National Register of Historic Places and initially determines that.
® Should historic properties, or properties eligible for inclusion in the National Register, be
present within the Corps' permit area; the proposed activity requiring the DA permit (the
undertaking) is a type of activity that will have no potential to cause an effect to an
historic properties.
❑ No historic properties, nor properties eligible for inclusion in the National Register, are
present within the Corps' permit area; therefore, there will be no historic properties
affected. The Corps subsequently requests concurrence from the SHPO (or THPO).
❑ Properties ineligible for inclusion in the National Register are present within the Corps'
permit area; there will be no historic properties affected by the proposed work. The Corps
subsequently requests concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register, are
present within the Corps' permit area; however, the undertaking will have no adverse
effect on these historic properties. The Corps subsequently requests concurrence from the
SHPO (or THPO)
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❑ Historic properties, or properties eligible for inclusion in the National Register, are
present within the Corps' permit area; moreover, the undertaking may have an adverse
effect on these historic properties. The Corps subsequently initiates consultation with the
SHPO (or THPO).
❑ The proposed work takes place in an area known to have the potential for the presence of
prehistoric and historic cultural resources; however, the area has not been formally
surveyed for the presence of cultural resources. No sites eligible for inclusion in the
National Register of Historic Places are known to be present in the vicinity of the
proposed work. Additional work may be necessary to identify and assess any historic or
prehistoric resources that may be present.
The District Engineer's final eligibility and effect determination will be based upon coordination
with the SHPO and/or THPO, as appropriate and required, and with full consideration given to
the proposed undertaking's potential direct and indirect effects on historic properties within the
Corps- indentified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area, examined
all information provided by the applicant and consulted the latest North Carolina Natural
Heritage Database. Based on available information:
❑ The Corps determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
❑ The Corps determines that the proposed project may affect federally listed endangered or
threatened species or their formally designated critical habitat. The Corps initiates
consultation under Section 7 of the ESA and will not make a permit decision until the
consultation process is complete.
® The Corps is not aware of the presence of species listed as threatened or endangered or
their critical habitat formally designated pursuant to the Endangered Species Act of 1973
(ESA) within the project area. The Corps will make a final determination on the effects of
the proposed project upon additional review of the project and completion of any
necessary biological assessment and /or consultation with the U.S. Fish and Wildlife
Service and/or National Marine Fisheries Service.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate State
agencies for review.
North Carolina Division of Water Resources ( NCDWR): The Corps will generally not make a
final permit decision until the NCDWR issues, denies, or waives the state Certification as
required by Section 401 of the Clean Water Act (PL 92 -500). The receipt of the application and
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this public notice, combined with the appropriate application fee, at the NCDWR Central Office
in Raleigh constitutes initial receipt of an application for a 401 Certification. A waiver will be
deemed to occur if the NCDWR fails to act on this request for certification within sixty days of
receipt of a complete application. Additional information regarding the 401 Certification may be
reviewed at the NCDWR Central Office, 401 and Buffer Permitting Unit, 512 North Salisbury
Street, Raleigh, North Carolina 27604 -2260. All persons desiring to make comments regarding
the application for a 401 Certification should do so, in writing, by March 9, 2015 to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(USPS mailing address): 1650 Mail Service Center, Raleigh, NC 27699 -1650
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
❑ The application did not include a certification that the proposed work complies with and
would be conducted in a manner that is consistent with the approved North Carolina
Coastal Zone Management Program. Pursuant to 33 CFR 325.2 (b)(2) the Corps cannot
issue a Department of Army (DA) permit for the proposed work until the applicant
submits such a certification to the Corps and the NCDCM, and the NCDCM notifies the
Corps that it concurs with the applicant's consistency certification. As the application
did not include the consistency certification, the Corps will request, upon receipt,
concurrence or objection from the NCDCM.
® Based upon all available information, the Corps determines that this application for a
Department of Army (DA) permit does not involve an activity which would affect the
coastal zone, which is defined by the Coastal Zone Management (CZM) Act (16 U.S.C.
§ 1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable impacts
including cumulative impacts of the proposed activity on the public interest. That decision will
reflect the national concern for both protection and utilization of important resources. The benefit
which reasonably may be expected to accrue from the proposal must be balanced against its
reasonably foreseeable detriments. All factors which may be relevant to the proposal will be
considered including the cumulative effects thereof; among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife
values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs, considerations of
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property ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of the
impact of the activity on the public interest will include application of the Environmental
Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies
and officials, including any consolidated State Viewpoint or written position of the Governor;
Indian Tribes and other interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by the Corps of Engineers to
determine whether to issue, modify, condition or deny a permit for this proposal. To make this
decision, comments are used to assess impacts on endangered species, historic properties, water
quality, general environmental effects and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment (EA) and /or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
Any person may request, in writing, within the comment period specified in this notice, that a
public hearing be held to consider the application. Requests for public hearings shall state, with
particularity, the reasons for holding a public hearing. Requests for a public hearing shall be
granted, unless the District Engineer determines that the issues raised are insubstantial or there is
otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to the
proposed work, as outlined above, until 5pm, March 9, 2015. Comments should be submitted to
Tasha Alexander, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208,
Asheville, North Carolina 28801 -5006, at (828) 271 -7980.
Asheville Regional Airport - East Side Improvements ( +/- 51 AC)
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Buncombe County,er Site Vicinity
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224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
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224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
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AVL Property Feet
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Buncombe County, near ter USGS Topographic Map
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224 South Grove Street, Suite F Figure 2
Hendersonvillc, North Carolina 28792
Asheville Regional Airport - East Side improvements ( +/- 51 AC)
Asheville Regional Airport - East Side Improvements ( +/- 51 AC)
I
r
Asheville Regional Airport - East Side Improvements ( +/- 51 AC)
CLearWater
C1earWater Environmental Consultants, Inc
www.cwenv.com
January 20, 2015
Ms. Tasha Alexander
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -2638
Ms. Karen Higgins
NC DWR, 401 Permitting & Buffer Unit
512 N. Salisbury Street, 9h Floor
Raleigh, North Carolina 27604
RE: Asheville Regional Airport
East Side Improvement Project
Buncombe County, North Carolina
Ms. Alexander and Ms. Higgins,
V�� -ez
t, dry
The attached Individual Permit application is being submitted on behalf of Mr. Lew Bleiweis,
Airport Director for the Asheville Regional An-port (AVL). AVL is seeking permit authorization
for impacts associated with an improvement project on the east side of the airport facility. The
proposed project includes the placement of fill in the form of coal ash from Duke Energy's
(Duke) Asheville Plant.
On August 20, 2014, the NC General Assembly passed the Coal Ash Management Act of 2014
(CAMA14). Duke is committed to permanently and safely closing ash basins at its coal plants.
Duke has accelerated its work in response to North Carolina's CAMA14, which requires basins to
be closed at four plants, including Asheville, by August of 2019. Duke submitted coal ash
excavation plans to state regulators in November of 2014 for the first four plants, including
Asheville. Duke has contracted with Charah, Inc. (Charah) for the disposal of coal ash from the
Asheville Plant.
CAMA14 allows for the Beneficial Use of coal ash as structural fill Charah has been placing
coal ash for structural fill on AVL property since 2007. The currently proposed project includes
long -term development plans for a runway extension, taxiway improvements, and continued
general aviation development Development plans are consistent with AVL's 20 -year Master
Plan. The Master Plan is a comprehensive study of the airport that analyzes short-, medium -, and
long -term infrastructure needs over a 20 -year period to identify cost - effective solutions that will
be necessary to meet anticipated aviation demand. AVL's Master Plan serves as a guide for
improving the airport over the long -term. The improvement plan includes projects necessary for
the airport to meet existing Federal Aviation Administration safety standards, as well as
expansion projects that can be implemented to meet the needs of, and provide a high level of
service to, existing and projected users.
224 South Grove Street, Suite F
Hendersonville, NC 28792
828 - 698 -9800 Tel
828 - 698 -9003 Fax
Should you have any questions regarding the attached permit application and supplemental
information please do not hesitate to contact me at 828 - 698 -9800. A copy of this package has
been sent to Ms. Andrea Leslie of the NC Wildlife Resources Commission and Mr. Bryan
Tompkins of the US Fish and Wildlife Service for review. A copy of this application has also
been submitted to the NC Division of Water Quality, Asheville Regional Office.
Respectfully,
an
Rebekah L. Newton
Project Biologist
R. Clement Riddle, P.W.S
Principal
Copy Furnished:
NC Division of Water Quality; Asheville Regional Office — Tim Fox
NC Wildlife Resources Commission — Andrea Leslie
US Fish and Wildlife Service — Bryan Tompkins
Individual Permit Application for
U.S. Army Corps of Engineers
Section 404 Permit
and
North Carolina 401 Water Quality Certification
January 2015
Applicant:
Greater Asheville Regional Airport
Authority
V
heville
- �4�- �
REGIONAL AIRPORT
Attn: Lew Bleiweis, Airport Director
61 Terminal Dr, Ste 1
Fletcher, NC 28732
Prepared by:
C1earWater Environmental Consultants, Inc.
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
828- 698 -9800
Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name: Asheville Regional Airport – East Side Improvement Project
2. Name of Property Owner /Applicant: Greater Asheville Regional Airport Authority;
Mr. Lew Bleiweis
3. Name of Consultant/Agent: C1earWater Environmental Consultants, Inc.
*Agent authonzation needs to be attached
4. Related/previous Action ID numbers(s): SAW- 2007 - 03766 -311 and
SAW- 2010 -00036
5. Site Address: Airport Road (NC Highway 280)
6. Subdivision Name: N/A
7. City: Fletcher
8. County: Buncombe
9. Lat: 35.446640N Long: 82.544789W (Decimal Degrees Please)
10. Quadrangle Name: Skyland
11. Waterway: Wetland to UT French Broad River.
12. Watershed: Upper French Broad 06010105
13. Requested Action:
Nationwide Permit #�
_ General Permit # ~>
Jurisdictional Determination Request`
— Pre - Application Request
X Individual Permit
..................................................................................... ...........................::,; .........................
The following information will be completed by the Corps office:
AID:
Prepare File Folder Assign number in ORM Begin Date
Authorization: Section 10 Section 404
Project Description/Nature of Activity/Project Purpose:
Site/Waters Name:
Keywords:
17)
U S ARMY CORPS OF ENGINEERS
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
OMB APPROVAL NO 0710 -0003
EXPIRES 28 FEBRUARY 2013
33 CFR 325 The proponent agency is CECW -CO -R ° ••••
......•...........
Public reporting for this collection of information is estimated to average 11 hours per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information Send comments regarding
this burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden, to Department of Defense,
Washington Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Management and
Budget, Paperwork Reduction Project (0710 -0003) Respondents should be aware that notwithstanding any other provision of law, no person shall be
subject to any penalty for fading to comply with a collection of information if it does not display a currently valid OMB control number Please DO NOT
RETURN your form to either of those addresses Completed applications must be submitted to the District Engineer having jurisdiction over the location of
the proposed activity
PRIVACY ACT STATEMENT
Authorities Rivers and Harbors Act, Section 10, 33 USC 403, Clean Water Act, Section 404, 33 USC 1344, Marine Protection, Research, and Sanctuaries
Act, Section 103, 33 USC 1413, Regulatory Programs of the Corps of Engineers, Final Rule 33 CFR 320 -332 Principal Purpose Information provided on
this form will be used in evaluating the application for a permit Routine Uses This information may be shared with the Department of Justice and other
federal, state, and local government agencies, and the public and maybe made available as part of a public notice as required by Federal law Submission
of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued One set
of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see
sample drawings and/or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity An application
that is not completed in full will be returned
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1 APPLICATION NO
2 FIELD OFFICE CODE
3 DATE RECEIVED
4 DATE APPLICATION COMPLETE
(ITEMS BELOW TO BE FILLED BYAPPLICAN7)
5 APPLICANT'S NAME
8 AUTHORIZED AGENT'S NAME AND TITLE (agent Is not required)
First - Lew Middle - Last - Bleiweis
First - R Middle - Clement Last - Riddle
Company - Greater Asheville Regional Airport Authority
Company - ClearWater Environmental Consultants, Inc.
E-mail Address - lbleiweis cr flyavl corn
E-mail Address - clement @cwenv com
6 APPLICANT'S ADDRESS
9 AGENTS ADDRESS
Address- 61 Terminal Drive, Suite I
Address- 224 South Grove Street, Suite F
City - Fletcher State - NC Zip-28732 Country-USA
City- Hendersonville State - NC Zip -28792 Country -USA
7 APPLICANT'S PHONE NOs. WAREA CODE
10 AGENTS PHONE NOs WAREA CODE
a Residence b Business c Fax
a Residence b Business c Fax
828 - 684 -2226
828 - 698 -9800
STATEMENT OF AUTHORIZATION
11 1 hereby authorize, R Clement Riddle to act in my befit a agent in the processing of this application and to furnish, upon request,
supplemental information in support of this permit aation
j 9 I
SIGNATURE OF I
APPLICANT DATE
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY
12 PROJECT NAME OR TITLE (see instructions)
Asheville Regional Airport - East Side Improvements
13 NAME OF WATERBODY, IF KNOWN (if applicable)
14 PROJECT STREET ADDRESS (if applicable)
Closest named waterbody - French Broad River
Address 61 Terminal Drive, Suite 1
15. LOCATION OF PROJECT
Latitude ^N 35.446640 Longitude ^W 82 544789
city - Fletcher State- NC Zip- 28732
16 OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
State Tax Parcel ID 9643-52-1970,9643-38-8413 Municipality Other tax parcel - 9643 -48 -6540
Section - Township - Range -
ENG FORM 4345, OCT 2012 PREVIOUS EDITIONS ARE OBSOLETE Page 1 of 3
17 DIRECTIONS TO THE SITE
See application (Section 1 3)
18 Nature of Activity (Description of project, include all features)
See application (Section 5 0).
19 Project Purpose (Describe the reason or purpose of the project, see instructions)
See application (Section 4 0)
USE BLOCKS 20 -23 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED
20 Reason(s) for Discharge
See application (Section 5.0)
21 Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Type Type Type
Amount to Cubic Yards Amount In Cubic Yards Amount in Cubic Yards
Approx 386,000 CY (Soil) Approx. 1,330,000 CY (coal ash)
22 Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Acres 0 15 AC of wetland
or
Linear Feet 0 LF of stream
23 Description of Avoidance, Minimization, and Compensation (see instructions)
See application (Section 6.0).
ENG FORM 4345, OCT 2012 Page 2 of 3
ENG FORM 4345, OCT 2092 Page 3 of 3
24 Is Any Portion of the Work Already Complete? [-]Yes IM -No IF YES, DESCRIBE THE COMPLETED WORK
25 Addresses of Adjoining Property Owners, Lessees, Etc , Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list)
a Address- See list included in application package.
City - State - Zip -
b Address -
City - State - Zip -
c Address -
City - State - Zip -
d Address -
City - State - Zip -
e Address -
City - State - Zip -
26 List of Other Certificates or Approvals /Denials received from other Federal, State, or Local Agencies for Work Described in This Application
AGENCY TYPE APPROVAL' IDENTIFICATION
NUMBER DATE APPLIED DATE APPROVED DATE DENIED
NCDENR 503 Exempt Permit WQ0000020 02.17.2006
Would include but is not restricted to zoning, building, and flood plain permits
27 Application is hereby made for permit or permits to authorize the work described in this application i certify that this information in this application is
complete and accurate I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the
applicant
�
(//I-
I
SIGNATURE OF APPLICANT DAT E SIGNATURE OF AGENT DATE
The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed
18 U S C Section 1001 provides that Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both
ENG FORM 4345, OCT 2092 Page 3 of 3