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(Correspondence, February 8, 2000, Attachment B, Page B-13). Application will be made and Section 401 Water Quality Certification (or waiver thereof) received prior to a final decision regarding this Environmental Assessment. 5.0 MAJOR FINDINGS AND CONCLUSIONS 5.1 The proposed riverbank protection project, including the east shore of Leeper Park Island, a section along North Shore Drive, and a combined sewer outfall (CSO) along the St. Joseph River, South Bend, Indiana, has been reviewed pursuant to the following Acts and Executive Orders: Fish and Wildlife Act of 1956; Fish and Wildlife Coordination Act of 1958; National _Historic Preservation Act of 1966; National Environmental Policy Act of 1969; Clean Air Act of 1970; Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 1971; Coastal Zone Management Act of 1972; Endangered Species Act of 1973; Clean Water Act of 1977; Executive Order 11988, Flood Plain Management, May 1977; and Executive Order 11990, Wetland Protection, May 1977. The proposed riverbank protection project has been found to be in compliance 4vilh these acts and executive orders for this phase of the study. 5.2 The bank protection sites are located within the 100 -year floodplain; however, the project would not encourage floodplain development, nor would it impact flood stages. The proposed actions comply with the Federal Executive Order on Flood Plain Management (E.O. 11988) because there is no practicable alternative to construction in the flood plain. 5.3 Pursuant to the Clean Water Act (CWA), a Section 404(b)(1) evaluation of the environmental effects of the discharge of fill material into waters of the U.S. has been prepared (Attachment C). The Section 404(b)(1) Evaluation concludes with the determination that "the proposed action is in compliance with Section 404 of the Clean Water Act." A Section 401 (CWA) water quality certification, or waiver thereof, would be obtained from the state prior to signing a Statement of Findings/Finding of No Significant Impact for this Environmental Assessment. 5.4 This Environmental Assessment has been prepared in accordance with the National Environmental Policy Act (NEPA); the Council on Environmental Quality, Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act (40 CFR Parts 1500-1508); and the Corps of Engineers, Policy and Procedure for Implementing NEPA (33 CFR Part 230). 5.5 This Environmental Assessment concludes that 1) there are no significant cumulative or long-term adverse environmental impacts associated with the riverbank protection project; 2) the benefits outweigh the minor, temporary impacts that may result; and 3) they do not constitute a major Federal action significantly atlecting the human environment_ -12-