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-2 - <br />The EA includes a Section 404(b)(1) Evaluation, pursuant to the Clean Water Act, for <br />placement of fill material into the waters of the United States as part of the riverbank protection <br />project. The proposed bank protection has been determined to be in compliance with Section <br />404 of the Clean Water Act. The State of Indiana has granted water quality certification of the <br />project, pursuant to Section 401 of the Clean Water Act. <br />The EA and Section 404(b)(1) evaluation, along with a review of comments received <br />during public review of the EA, indicate that construction of riverbank protection at three sites <br />along the St. Joseph River in South Bend, Indiana, does not constitute a major Federal action <br />significantly affecting the human environment; therefore, an Environmental Impact Statement <br />will not be prepared. <br />Richard J. Polo, Jr. <br />date Lieutenant Colonel, U.S. Army <br />District Engineer <br />