ELR Citation: ELR 20585
No(s). 975 (E.D.N.C. May 4, 1973)

The Corps of Engineers is not required to file an environmental impact statement under §102(2)(C) of NEPA when issuing a dredging and pier building permit allowing the construction by private parties of a boating and fishing marina. Review of an application for permission to proceed with an activity, 90 percent of which is not subject to federal regulation, is not "major federal action" as contemplated under the Act. Furthermore, the District Engineer may determine that the proposed action would not have a significant and adverse effect on the quality of the environment based upon information in the record submitted by the applicant, by federal and state agencies, and by the public. For the text of guidelines published by the Corps of Engineers implementing NEPA, see 2 ELR 46071 (1972).

Counsel for Plaintiff
Norman Smith
816 Southeastern Building
Greensboro, NC 27401

Counsel for Defendant Willis
John R. Hughes
P.O. Box 345
Shallute, NC 28459

Counsel for Defendant Corps of Engineers
John Lansche Assistant U.S. Attorney
P.O. Box 26897
Raleigh, NC 27611

David Harlan Counsel
Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28401